Terms Of Service
Terms of website use, Privacy Policy and Acceptable Use Policy
This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website Hotels Fashion (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.
Information about us
Hotels Fashion is a site operated by Hotels Fashion Limited (“we” or “us”). We are registered in England and Wales under company number ******** and have our registered office ************
Hotels Fashion provides a website platform for facilitating short-term commercial letting arrangements, between Hotels and Fashion Brands.
How Hotels Fashion Works
Hotels Fashion is a platform that introduces fashion brands who need short term retail space to owners of retail space (Hotels) that are available on that basis. We make it easy for fashion brands to find space that suits their needs and then introduce them to a potential Landlord(Hotel). If the Landlord is happy then the Landlord and the Tenant will enter into a rental agreement directly. Hotels Fashion then collects the rental payments from the Tenant, on behalf of the Landlord.
Landlords
Landlords making their properties available through Hotels Fashion will enter into an Agreement with us which will govern the relationship between Landlords and us. These Terms will be incorporated into that Agreement by reference but in the event of any inconsistency between that Agreement and these terms or any other statement on the site then that Agreement will prevail.
Hotels Fashion is not responsible for the conduct of any prospective Tenant during the negotiations of any Tenancy Agreement.
Landlords accept that any decision to let a property to a particular Tenant is made solely by the Landlord without any representation, warranty or statement made to him by Hotels Fashion.
Hotels Fashion has no obligations to Landlords to reinstate, or repair, any properties let by Landlords at the end of any tenancy agreement.
Tenants
If you are a potential Tenant, when you have identified a property on Hotels Fashion which meets your requirements you submit an offer to the Landlord (Hotel) via the Website. The Landlord will then promptly respond, accepting your offer. When the offer is accepted you will enter into an agreement with Hotels Fashion either on the template terms or specific terms advised by the Landlord.
By using the Hotels Fashion website to access the Hotels Fashion database of available properties Tenants agree that they shall not make rental payments in respect of properties they have found on the Hotels Fashion website directly to the Landlord other than with the prior written agreement of Hotels Fashion.
Tenants must comply with the terms of their agreement with the Landlord, including any special terms or requirements that may be specified by the Landlord.
Tenants are responsible for insurance of their own property and for insurance against risks normally borne by occupiers of retail premises or otherwise specified by the Landlord. If a Tenant has any doubt about what insurance is required they should consult their own insurers or insurance brokers.
Tenants are responsible for satisfying themselves that a listed property fits their requirements, both as regards the specific features and facilities at the property and as regards the location. Hotels Fashion does not warrant or represent that properties listed by Landlords are of suitable condition to be let or that Landlords have the right to enter into rental contracts in respect of the properties listed by Landlords and to receive rental payments in respect of the properties. Landlords are responsible for the legality, accuracy and completeness of the description of all properties and related terms posted on the Website.
Hotels Fashion disclaims all liability for the legality, accuracy or completeness of any rental offers or content posted by Landlords and in respect of any proposed rental contract that fails to complete for any reason whatever.
Rental contracts are made exclusively between Landlords and Tenants. Hotels Fashion is not a party to any rental contract, or negotiation to any rental contract, and does not fulfil any obligations derived from the contractual relationship between Landlords and Tenants. Hotels Fashion does not make or accept any offers, either in its own capacity or on behalf of either Landlords or Tenants or any other party. Hotels Fashion disclaims all liability arising from or related to any rental contract to the fullest extent permitted by law.
Service Fee
The tenant service fee (“Service Fee”) helps us to run every aspect of the platform, this includes: facilitating secured transactions and online legals, developing our products and services, securing exclusive spaces, and providing a dedicated concierge service. A portion of every fee charged also goes to the Hotels Fashion Ideas Fund.
Any applicable Service Fees (including any applicable Taxes) will be displayed to a tenant prior to finalising their booking for a space. The Service Fee is set at 5% of the booking value (plus any applicable taxes) subject to a minimum charge of £50/$50/€50 (as applicable). We reserve the right to change the Service Fees at any time. Such fee changes will not affect any bookings made prior to the effective date of the fee change. Except as otherwise provided on the Hotels Fashion platform, Service Fees are non-refundable.
WeWork
If you are a participant in the WeWork promotion, you must comply with our WeWork terms and conditions.
General Terms
Hotels Fashion does not at any time provide, or purport to provide, any advice, or advisory services, to Landlords, Tenants or any other party, in particular with respect to the commercial, financial, legal or any other consequences of any rental agreement. Hotels Fashion disclaims all liability relating to the provision of advice relating to property. Landlords and Tenants accept that Hotels Fashion’s role is limited to no more than that of a facilitator.
Hotels Fashion reserves the right at its sole discretion to remove from the Website any illegal, inaccurate or misleading content, including anything that in its opinion is injurious to Hotels Fashion’s goodwill or goodwill attaching to the Website, without notice.
Hotels Fashion makes no warranty as to any particular result being achieved or obtained, or being achievable or obtainable, from use of the Website and the introduction of any prospective tenant to Landlord.
Tenant cancellation policy
Bookings made for spaces opted-in to the Hotels Fashion cancellation policy are subject to the cancellation policy shown on the space listing and as detailed as follows:
Flexible
Should the Tenant cancel up to and including thirty (30) days in advance of the Commencement Date of a booking, Tenant shall be entitled to an 80% refund of the Rent detailed on the Tenancy Agreement for the booking.
Should the Tenant cancel up to and including seven (7) days in advance of the Commencement Date of a booking, Tenant shall be entitled to a 50% refund of the Rent detailed on the Tenancy Agreement for the booking.
Moderate
Should the Tenant cancel up to and including thirty (30) days in advance of the Commencement Date of a booking, Tenant shall be entitled to a 50% refund of the Rent detailed on the Tenancy Agreement for the booking.
Strict
Bookings are non-cancellable and non-refundable.
For all bookings, funds will only be refunded by Hotels Fashion once they have been received from the Landlord.
The Brand Service Fee is non-refundable._
In the event that no cancellation policy is showing on a space listing, the Strict cancellation policy set out above shall apply.
Covid-secure cancellation policy
*Updated 14 September 2020*
From 14/09/2020 for spaces opted-in to the Hotels Fashion COVID-19 cancellation policy, the following terms apply:
In the event that a Tenant is unable to fulfill or complete a booking due to a government imposed lockdown on non-essential stores as a result of the COVID-19 outbreak, Hotels Fashion will arrange to reschedule the booking for any Commencement Date within six months of the original booking Commencement Date, subject to the Landlord’s confirmation of the chosen dates. The Tenant may be required to pay any difference in price applicable to the new dates.
In the event that a suitable new date cannot be found, all funds, excluding our Brand Service Fee will be refunded to the Tenant. In the event that the Tenant is already in occupation of the Premises, the refund will be calculated pro-rata in accordance with the duration of the Term remaining.
Funds will only be refunded by Hotels Fashion on receipt of funds from the Landlord.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
When using our site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organization to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Our liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss or corruption of data;
- loss of goodwill;
- wasted management or office time;
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Transactions concluded through our site
Rental transactions formed through our site or as a result of visits made by you are governed solely by the terms and conditions of the individual tenancy agreement agreed between the users of the site.
Hotels Fashion Additions
When using our referral service known as “Hotels Fashion Additions”, which introduces you to our partner businesses, including, but not limited to, designers, staffing providers, point of sale providers, delivery providers and architects (“Hotels Fashion Additions Partners”), you will be required to enter into a separate agreement with the Hotels Fashion Additions Partner (the “Contract”). Any services being provided to you by an Hotels Fashion Additions Partner will be governed exclusively by the terms and conditions of the Contract.
We do not conduct background checks or verifications on the Hotels Fashion Additions Partners or oversee their business activities. We also have no control over the quality, safety, legality or insurance position of such services offered for sale via our site. Hotels Fashion makes no warranty or representation in respect of any Hotels Fashion Additions Partner, and you acknowledge that Hotels Fashion disclaims all liability arising from or related to any agreement entered into between you and an Hotels Fashion Additions Partner, to the fullest extent permitted by law. Any listing or information provided by an Hotels Fashion Additions Partner in respect of the services is provided solely by the relevant Hotels Fashion Additions Partner and we take no responsibility for the accuracy or quality of such content.
When signing up to use a Hotels Fashion Additions Partner, they have the option to elect for payments due to them to be processed by Hotels Fashion (the “Payment Service”).
When an Hotels Fashion Additions Partner elects to use the Payment Service, the Hotels Fashion Additions Partner will inform Hotels Fashion of the value of your Contract, and we will invoice you according to the payment terms set out in the Contract. Any VAT due to be paid by you will be included in the invoice.
You can make payments online by credit card using our third party payment provider, Stripe, Inc, or as otherwise agreed with us in writing. Where Hotels Fashion Additions Partners opt to use the Payment Service, we will deduct from the payment our referral fee. The balance will be sent to the Hotels Fashion Additions Partner.
You may be required to set up and maintain an account with our payment providers in order to pay a Hotels Fashion Additions Partner using the Payment Service. Set-up and use of the payment account shall be governed by the terms and conditions of the relevant payment provider.
Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please address your request to hello@hotelsfashion.com.
Linking to our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Your concerns
If you have any concerns about material which appears on our site, please contact theteam@hotelsfashion.com
