Terms & Conditions

Terms & Conditions

BUSINESS TO BUSINESS T&C's

BACKGROUND

(A)                First Sight Estates Ltd has been granted a lease by the Owner with a view to First Sight Estates Ltd obtaining bookings for the use and occupation of the Property by Clients under these Terms.

(B)                The Client and First Sight Estates Ltd have been corresponding with one another with a view to the Client using or occupying the Property for the Period. 

(C)                As a result of such correspondence, First Sight Estates Ltd has prepared a Hire Agreement for approval and (if approved) execution by the Client.

(D)                These Terms: 

(i)             are supplemental to the terms contained in the Hire Agreement; 

(ii)            when combined with the Hire Agreement, set out the terms and conditions under which First Sight Estates Ltd have agreed to allow the Client to exclusively use and occupy the Property; and

(iii)          will (alongside the Hire Agreement) become binding between the Client and First Sight Estates Ltd in accordance with clause 2.1 of these Terms.

 

AGREED TERMS

1.                   INTERPRETATION

1.1        The definitions and rules of interpretation in this clause apply in these Terms.

Additional Services: additional services over and above the licence contained in clause 4 of these Terms and the staffing contained in clause 6.1 that First Sight Estates Ltd have agreed to provide to the Client that are specified in the Hire Agreement; Client: the person or persons listed in the Hire Agreement as the Client.

Deposit: the sum of the non refundable deposit listed in the Hire Agreement.

Estate: the estate known as Kinross House, Kinross, Kinrosshire, KY13 8ET;  

First Sight: First Sight Estates Limited (CRN 07065391) whose registered office is at Cleveland House, Norton Road, Stockton-on-Tees, Cleveland, TS20 2AQ.

Hire Agreement: the document entitled ‘Hire Agreement’ containing (alongside these Terms) the terms under which First Sight Estates Ltd are to allow the Client to use and occupy the Property.

Owner: the person(s) with the legal interest in the Property from time to time.

Period: the period that First Sight Estates Ltd have agreed to allow the Client to use and occupy the Property as set out in the Hire Agreement.

Price: the total price (exclusive of VAT) payable by the Client to First Sight Estates Ltd for the exclusive use and/or occupation of the Property and any Additional Services as listed in the Hire Agreement. VAT will be charged in addition to the price.

Property: that part of the Estate that First Sight Estates Ltd have agreed to allow the Client to use and/or occupy for the Period as more accurately detailed in the Hire Agreement;  Terms: the terms and conditions contained in this document.

VAT: value added tax chargeable under English law for the time being and any similar additional tax.

1.2        Clause, schedule and paragraph headings shall not affect the interpretation of these Terms.

1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). 

1.4        Words in the singular shall include the plural and vice versa. 

1.5 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.6        A reference to writing or written includes faxes and e-mail. 

1.7 Where the words include(s), including or in particular are used in these Terms, they are deemed to have the words without limitation following them. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.

1.8 Any obligation in these Terms on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.

1.9        References to clauses and schedules are to the clauses and schedules of these Terms.

 

2.                   TERMS AND CONDITIONS

2.1                The terms contained in these Terms and the Hire Agreement will become binding on the Client and First Sight Estates Ltd as soon as First Sight Estates Ltd has received the Hire Agreement signed by the Client (without amendment or reference to any additional terms and conditions).

2.2                First Sight Estates Ltd will not be bound by the terms contained in these Terms and the Hire Agreement if the Client signs and returns a Hire Agreement that has been amended in any way (or refers to any additional terms and conditions) unless First Sight Estates Ltd specifically confirm in writing that First Sight Estates Ltd have accepted the amendment to the Hire Agreement (whereby the said terms will become binding immediately on receipt by the Client of such written confirmation). 

2.3 If any of these Terms conflict with any term contained in the Hire Agreement, the Hire Agreement will take priority.
 

3.                   CHANGES TO THE HIRE AGREEMENT

3.1                First Sight Estates Ltd reserve the right to revise these Terms or the terms contained in any Hire Agreement from time to time in the following circumstances:  (a) changes in how First Sight Estates Ltd accept payment; 

(b)            changes in relevant laws and regulatory requirements; and

(c)            following an Force Majeure Event or any other circumstances beyond the control of First Sight Estates Ltd.

3.2                If First Sight Estates Ltd have to revise these Terms or the terms contained in any Hire Agreement under clause 3.1, First Sight Estates Ltd will (where First Sight Estates Ltd believe that it is reasonable to do so) provide at least one week's written notice of any changes before they take effect. 

3.3                The Client may make request to amend the terms contained in the Hire Agreement at any time before the Period by contacting First Sight Estates Ltd in accordance with clause 19 of these Terms. If First Sight Estates Ltd are willing to accept such an amendment, First Sight Estates Ltd will confirm to the Client in writing and advise the Client of any amendment to the Price. Such an amendment to the Hire Agreement will only becoming binding as between First Sight Estates Ltd and the Client:

(a)            (if the Client has been advised that there is no amendment to the Price) once First Sight Estates Ltd have confirmed in writing that First Sight Estates Ltd are willing to accept such an amendment; or

(b)            (if the Client has been advised that there is an amendment to the Price) once the Client has confirmed to First Sight Estates Ltd in writing that the Client accepts the amendment to the Price.

3.4                Should a requested amendment to the Hire Agreement not be accepted and become binding in accordance with clause 3.3, the terms of the Hire Agreement without such amendment will continue in force and will remain binding as between First Sight Estates Ltd and the Client.

 

4.                   LICENCE

4.1                In consideration of the Price, First Sight Estates Ltd grants the Client and the number of persons listed in the Hire Agreement, the non-exclusive licence to use and/or occupy the Property during the Period. The Client hereby confirms that the Client will not permit any persons to use and/or occupy the Property over and above the number listed in the Hire Agreement.

4.2                The occupation and/or use under clause 4.1 of these Terms will be limited to the Property only. The Client hereby confirms not to use and/or occupy (or permit the use and/or occupation by any persons on the Property with the express or implied consent of the Client) any part of the Estate other than the Property.  As stated in the Hire Agreement.

4.3                The licence contained in clause 4.1 will be a non-exclusive licence only and is not intended to create any relationship of landlord and tenant between First Sight Estates Ltd and the Client. The Client shall not be entitled to a tenancy, or to an assured shorthold or assured tenancy, or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure now or when your occupation ends.

4.4                The Hire Agreement will specify the nature of the occupation and/or use. The Client hereby confirms that the Property will not be occupied or used for any purposes other than those specified in the Hire Agreement.

4.5                Attached to these Terms are a list of rules relating to the Property and its use and/or occupation. These rules form part of these Terms and are intended to protect the Client, the Client’s permitted occupants, the Property and the valuable artefacts contained within. First Sight Estates Ltd reserves the right to amend these rules from time to time and to provide the

Client in writing with an updated list of rules. The updated list will become binding upon the Client and be incorporated into these Terms as soon as the Client receives the updated rules or is deemed to receive them under clause 19 of these Terms. The Client hereby agrees to follow the rules contained in the attached list of rules as amended from time to time and to procure that any guests or permitted occupants follow such rules. 

4.6                At the end of the Period the Client will vacate the Property and ensure that all persons occupying or using the Property during the Period vacate the Property. 

4.7                If the Client or any other person occupying the Property during the Period are issued with any keys, key fobs or other items used to access the Property or any part of it, the Client will ensure that all such keys are returned at the end of the Period. If any keys or items are lost, the Client will be required to pay a reasonable fee for replacing such keys or items.

4.8                First Sight Estates Ltd will not be providing any drinks, food or other items during the Period or any Additional Services unless detailed in the Hire Agreement. Any such items or additional services that are not listed in the Hire Agreement will be charged by First Sight Estates Ltd to the Client following or during the Period in accordance with the price lists contained at the Property. During the Period First Sight Estates Ltd will supply clean bed linen and towels if the Client is to occupy and/or use the Property overnight. 

4.9                The Client hereby agrees, during the Period, that First Sight Estates Ltd (or any of First Sight Estates Ltd staff, agents or personnel) may enter the Property at any time to monitor compliance with these Terms, provide any Additional Services, access the areas listed in clause 4.14 or to maintain and repair the Property or Estate. First Sight Estates Ltd will use all reasonable endeavours to ensure that the occupation and/or use of the Property under these Terms is not disturbed but will not be liable to for any losses or damages as a result of any such disturbance. 

4.10            During the Period, the Client will ensure that:

(a)            the Property and all furnishings remain in the same condition as they were at the start of the Period. The Client will be responsible for any damage or destruction caused by the Client or any person occupying and/or using the Property during the Period and the cost of cleaning any untidiness over and above the usual untidiness that First Sight Estates Ltd would expect for a similar occupation and/or use;

(b)            no damage is caused to the walls, windows, floors or doors to the Property by the Client or any person occupying and/or using the Property during the Period;

(c)            no person occupying and/or using the Property during the Period causes any nuisance or annoyance to any other occupier or user of the Estate or any adjoining or neighbouring land; 

(d)            the Client or any person occupying and/or using the Property during the Period comply with all laws and legislation during the Period;

(e)            each person occupying and/or using the Property during the Period complies with all fire safety rules issued by First Sight Estates Ltd or detailed at the Property; and

(f)             no person occupying and/or using the Property during the Period commits or permits any act that would make any insurance policy on the Property or any fixtures or fittings on the Property void or voidable or increase the premium of any such policies.

4.11            Any breaches of clause 4 of these Terms or any rules relating to the Property that have been provided to you will entitle First Sight Estates Ltd to terminate or curtail the use and/or occupation of the Property with immediate effect. If required, the Client must vacate (and procure that any other persons occupying and/or using the Property vacate) the Property immediately on receipt of any notice to terminate provided by First Sight Estates Ltd under this clause 4.11. If such termination occurs, First Sight Estates Ltd will have no liability to the Client whatsoever and no obligation to repay any of the Price.

4.12            The cost of normal domestic electricity use for the amount of people specified in the Hire Agreement to use and/or occupy the Property will be included in the Price. The Client will be accountable to First Sight Estates Ltd for any electricity use over and above such amount. If First Sight Estates Ltd believe that the Client has exceeded such normal domestic use, First Sight Estates Ltd will forward details of what it believes to be the amount of such excess, such amount to be payable immediately.

4.13            The cost of a reasonable amount of local and national calls will be included in the Price. If First Sight Estates Ltd believe that the Client has made excessive local and national calls or any international calls, First Sight Estates Ltd will forward details of what it believes to be the cost of such calls, such cost to be payable immediately.

4.14            Due to the need to allow the staffing to provide the Services, the following areas will not be included in the Property that the Client is entitled to use/occupy:

(a)            any areas designated as an area to be accessed by staff or personnel only; and

(b)            the computer and communications room

4.15            The Client will indemnify First Sight Estates Ltd for all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by First Sight Estates Ltd arising out of or in connection with any death or personal injury caused at the Property during the Period unless such death or personal injury was caused due to or caused by the negligence of First Sight Estates Ltd.

4.16            The Owner will be entitled to rely on the provisions of clause 4.10 in the same manner as First Sight Estates Ltd as if the Owner was a party to the contract between First Sight Estates Ltd and the Client.

 

5.                   ADDITIONAL SERVICES

5.1                First Sight Estates Ltd will provide a Front of House Manager and an appropriate level of housekeepers at the Property during the Period

5.2                Additional staffing will only be provided (including kitchen staff, bar staff and reception services) if so specified in the Hire Agreement. The costs of such staffing will be included within the Price. 

5.3                The Client will ensure that any person occupying and/or using the Property during the Period are always polite and courteous to the staff and are never rude or abusive. Any failure to comply with this clause 5.3 may result in the agreed staffing being removed from the Property. First Sight Estates Ltd will not be liable to the Client as a result of removing such staffing and the Client will not be entitled to a refund of the Price or any part of it.

5.4                If so specified in the Hire Agreement, First Sight Estates Ltd will provide the Additional Services at the times agreed during the Period. If no times have been agreed as to when such Additional Services will be provided, First Sight Estates Ltd will provide such Additional Services when First Sight Estates Ltd deems appropriate. First Sight Estates Ltd will not be liable to the Client for:

(a)            the provision of any additional services not listed as an Additional Service in the Hire Agreement; and

(b)            (if no times have been agreed as to when such Additional Services will be provided) the provision of Additional Services on the times First Sight Estates Ltd deem appropriate. 

 

6.                   CHARGES AND PAYMENT  

6.1                The Price will be set out in Hire Agreement.

6.2                Any commission due to the Agent will be additional to the price.

6.3                If any of the terms of the Hire Agreement are amended under clause 3 of these Terms, the Price may be subject to change in accordance with the provisions of clause 3.

6.4                The Price excludes VAT which will be charged by First Sight Estates Ltd and payable by the Client at the applicable rate at the times specified in the Hire Agreement. First Sight Estates

Ltd will endeavour to state the amount of VAT payable in the Hire Agreement (however VAT will remain payable even if it is not so specified). If the rate of VAT changes between the date of the Hire Agreement and the date of payment of the relevant sum, First Sight Estates Ltd will adjust the rate of VAT payable.

6.5                As soon as these Terms become binding on the Client in accordance with clause 2 of these Terms, the Client will be required to pay the Deposit to First Sight Estates Ltd to the account details specified in the Hire Agreement. 

6.6                The balance of the Price (and any VAT payable on it) will be payable on the dates specified in the Hire Agreement. The Client must pay each invoice in cleared monies on the date and to the account specified in the Hire Agreement.

6.7                If any balance of the Price remains outstanding prior to the commencement of the Period, First Sight Estates Ltd will not be obliged to allow the Client to use and occupy the Property in accordance with clause 4 of these Terms or be required to provide the Additional Services and will not be liable to the Client for any losses, damages, costs or expenses or to repay any part of the Price actually received as a result. 

6.8                If any payment is not paid on the due date specified in these Terms, interest will be charged on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. 

 

7.                   LIMITATION OF LIABILITY  

7.1                This clause 7 sets out the entire financial liability of First Sight Estates Ltd (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Client in respect of:

(a)            any breach of these Terms or the terms contained in the Hire Agreement however

arising; 

(b)            any representation, statement or tortuous act or omission (including negligence) arising under or in connection with the provision of the Services or these Terms or the terms contained in the Hire Agreement.

7.2                All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.

7.3                Nothing in this agreement limits or excludes the liability of First Sight Estates Ltd: (a)       for death or personal injury resulting from its negligence; or  (b)    fraud or fraudulent misrepresentation.

7.4                Subject to clause 7.3:

(a)    First Sight Estates Ltd shall not under any circumstances whatever be liable for: 

(i)             loss of profits; or

(ii)            loss of business; or

(iii)          any damage to any items brought onto the Property by you or any other occupiers or users; or

(iv)          depletion of goodwill and/or similar losses; or

(v)           loss of anticipated savings; or

(vi)          loss of goods; or

(vii)        loss of contract; or

(viii)       loss of use; or

(ix)          loss of corruption of data or information; or

(x)           any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and

(b) First Sight Estates Ltd total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the sum of the Price actually paid by the Client.

 

8.                   DATA PROTECTION

The Client acknowledges and agrees that details of the Client's name, address and payment record may be:

(a)            submitted to a credit reference agency or insurers;

(b)            used to inform the Client about similar products or services that First Sight Estates Ltd may  provide, but the Client may stop receiving these at any time by contacting First Sight;

 and personal data will be processed by and on behalf of First Sight Estates Ltd.

 

9.                   TERMINATION  

9.1                Without prejudice to any other rights or remedies which First Sight Estates Ltd has, First Sight Estates Ltd may terminate the contract documented by these Terms and the Hire Agreement without liability to the Client  immediately on giving notice to the Client if:

(a)            the Client fails to pay any amount due on the due date for payment and remains in default not less than 7 days after being notified in writing to make such payment; or

(b)            the Client commits a breach of any of the terms of these Terms and (if such a breach is remediable) fails to remedy that breach within 14 days of being notified in writing of the breach; or

(c)            the Client suspends, or threatens to suspend, payment of its debts, is unable to pay its debts as they fall due, admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 OR (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; or

(d)            the Client commences negotiations with all, or any class of, its creditors with a view to rescheduling any of its debts, or makes a proposal for, or enters into any compromise or arrangement with, its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies, or the solvent reconstruction of the Client; or

(e)            a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of the Client other than for the sole purpose of a scheme for a solvent amalgamation of the Client with one or more other companies, or the solvent reconstruction of the Client; or  

(f)             an application is made to court, or an order is made, for the appointment of an administrator, a notice of intention to appoint an administrator is given, or an administrator is appointed over the Client; or

(g)            a floating charge holder over the assets of the Client has become entitled to appoint, or has appointed, an administrative receiver; or

(h)            a person becomes entitled to appoint a receiver over the assets of the Client, or a receiver is appointed over the assets of the Client; or

(i)              a creditor or encumbrancer of the Client attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; or

(j)             any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 9.1(c) to clause 9.1(i) (inclusive).

9.2                If First Sight Estates Ltd terminates the contract documented by these Terms and the Hire Agreement under clause 9.1, First Sight will be entitled to the Deposit and any other sums paid by the Client to First Sight Estates Ltd (or due or payable by the Client to First Sight Estates Ltd on the date of such termination) to cover the losses, costs and expenses in preparing to provide the Services as well as the loss of bookings.

9.3                Without prejudice to any other rights or remedies which the Client has, the Client may terminate the agreement documented by these Terms and the Hire Agreement on giving written notice to the First Sight Estates Ltd.

9.4                If the Client terminates in accordance with clause 9.3 of these Terms, First Sight Estates Ltd will be entitled to the Deposit and any other sums paid by the Client to First Sight (or due or payable by the Client to First Sight Estates Ltd on the date of such termination) to cover the losses, costs and expenses in preparing to provide the Services as well as the loss of bookings.

9.5                If First Sight Estates Ltd are able to obtain another booking for the Period (although First Sight Estates Ltd give no positive obligation to seek such a booking) First Sight Estates Ltd may be in a position to return part of the Price actually paid by the Client to First Sight Estates Ltd prior to termination of the contract under this clause 9.3. The amount that First Sight will return will be calculated as follows:

(The total sum actually received by the new customer following the subsequent booking + that part of the Price actually paid by the Client to First Sight Estates Ltd) – (the total price which should have been paid by the Client to First Sight Estates Ltd if the Client’s contract had been performed in full) – (an amount decided by First Sight Estates Ltd to reflect the management time in obtaining the subsequent booking and any costs or agents fees relating to such booking). 

Provided that such sum will not exceed the Price that Client actually paid to First Sight Estates Ltd.

9.6                Any sum payable under clause 9.5 will only be payable following the successful conclusion of the subsequent booking.

 

10.                FORCE MAJEURE

10.1            First Sight Estates Ltd, provided that it has complied with the provisions of clause 10.3, shall not be in breach of the contract documented by these Terms and the Hire Agreement, nor liable for any failure or delay in performance of any obligations under such contract arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following:  

(a)            acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster;

(b)            war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;

(c)            terrorist attack, civil war, civil commotion or riots;

(d)            voluntary or mandatory compliance with any law (including a failure to grant any licence or consent needed or any change in the law or interpretation of the law);

(e)            fire, explosion or accidental damage;

(f)             adverse weather conditions; 

(g)            collapse of building structures, failure of plant machinery, machinery, computers or vehicles;

(h)            any labour dispute, including but not limited to strikes, industrial action or lockouts;

(i)              non-performance by suppliers or subcontractors; 

(j)             any loss of any key personnel or staff; 

(k)            interruption or failure of utility service, including but not limited to electric power, gas or water; 

(l)              any other reason that could cause the Property to be unsuitable for use or occupation; or

(m)          the Owner terminating its lease or other arrangements with First Sight Estates Ltd for whatever reason so as to prevent First Sight Estates Ltd from complying with its obligations under these Terms and the Hire Agreement. 

10.2            The corresponding obligations of the Client will be suspended to the same extent.

10.3            First Sight Estates Ltd, if subject to a Force Majeure Event, shall not be in breach of this contract documented by these Terms and the Hire Agreement provided that:

(a)            it promptly notifies the Client in writing of the nature and extent of the Force Majeure Event causing its failure or delay in performance; 

(b)            it has used all reasonable endeavours to mitigate the effect of the Force Majeure Event and has used reasonable endeavours to arrange another Period with the Client in which to carry out the Services.

10.4            If First Sight Estates Ltd and the Client cannot agree another Period in accordance with clause 10.3(b) within 30 days of the Client being notified of a Force Majeure Event, the Client may terminate the contract documented by these Terms and the Hire Agreement under clause 9.3 of these Terms.

 

11.                VARIATION

Subject to clause 2 and 3, no variation of these Terms or of any of the documents referred to in it shall be valid unless it is in writing and signed by or on behalf of each of the parties.

 

12.                WAIVER

12.1            A waiver of any right or remedy under these Terms is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.

12.2            No single or partial exercise of any right or remedy provided under these Terms or by law shall preclude or restrict the further exercise of any such right or remedy.

 

13.                CUMULATIVE REMEDIES

Unless specifically provided otherwise, rights arising under these Terms are cumulative and do not exclude rights provided by law.

 

14.                INDEMNITY

14.1            If the Client breaches any of the terms of these Terms, the Client will be liable to First Sight Estates Ltd for all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by First Sight Estates Ltd arising out of or in connection with such breach.

14.2            If the Client breaches the provisions of clause 4.10 of these Terms, the Client will be liable to Owner for all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the Owner arising out of or in connection with such breach

 

15.                SEVERANCE

15.1            If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

15.2            If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

 

16.                ENTIRE AGREEMENT

16.1            These Terms and the terms contained in the Hire Agreement constitute the whole contract between the Client and First Sight Estates Ltd relating to the exclusive use and occupation of the Property by the Client and extinguishes all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject matter. 

16.2            Each party acknowledges that, in entering into these Terms and the documents referred to in it, it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or those documents. Each party agrees that its only liability in respect of those representations and warranties that are set out in these Terms or those documents (whether made innocently or negligently) shall be for breach of contract.

16.3            Nothing in this clause shall limit or exclude any liability for fraud. 

 

17.                ASSIGNMENT

17.1            The Client shall not, without the prior written consent of First Sight Estates Ltd, assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under the contract documented by these Terms and the Hire Agreement.

17.2            First Sight Estates Ltd may at any time assign, transfer, charge, mortgage, subcontract, declare a trust of or deal in any other manner with all or any of its rights or obligations under the contract documented by these Terms and the Hire Agreement.

17.3            Each party that has rights under the contract documented by these Terms and the Hire Agreement is acting on its own behalf and not for the benefit of another person.

 

18.                RIGHTS OF THIRD PARTIES

A person who is not a party to the contract documented by these Terms and the Hire Agreement shall not have any rights under or in connection with it.

 

19.                NOTICES

19.1            A notice or other communication given to a party under or in connection with this agreement: 

(a)            shall be in writing in English (or accompanied by a properly prepared translation into English);  

(b)            shall be signed by or on behalf of the party giving it;

(c)            shall be sent for the attention of the person, at the address or fax number specified in this clause (or to such other address, fax number or person as that party may notify to the other, in accordance with the provisions of this clause); and (d) shall be:  

(i)             delivered personally; or

(ii)            sent by commercial courier; or  

(iii)          sent by fax; or  

(iv)          sent by pre-paid first-class post or recorded delivery; or (v)    sent by airmail requiring signature on delivery.

19.2            The addresses for service of a notice or other communication are as follows:

(a)    First Sight Estates Ltd: 

(i)             address: Cleveland House, Norton Road, Stockton-on-Tees, Cleveland, TS20 2AQ 

(ii)            for the attention of: Tracey George

(iii)          fax number: 01642 702075

(iv)          E-mail: tracey.george@firstsightestates.com

(b)    Client: as per the details listed in the Hire Agreement.

19.3            If a notice or other communication has been properly sent or delivered in accordance with this clause, it will be deemed to have been received as follows:  

(a)            if delivered personally, at the time of delivery; or 

(b)            if delivered by commercial courier, at the time of signature of the courier's receipt;

or  

(c)            if sent by fax, at the time of transmission; or 

(d)            if sent by pre-paid first-class post or recorded delivery, at 9.00 am on the second day after posting; or  

(e)            if sent by airmail, five days from the date of posting.

19.4            For the purposes of this clause:

(a)            all times are to be read as local time in the place of deemed receipt; and

(b)            if deemed receipt under this clause is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), the notice or other communication is deemed to have been received when business next starts in the place of receipt.

19.5            To prove delivery, it is sufficient to prove that:

(a)            if sent by fax, the notice or other communication was transmitted by fax to the fax number of the party; or 

(b)            if sent by pre-paid first class post, the envelope containing the notice or other communication was properly addressed and posted.

19.6            The provisions of this clause 19 shall not apply to the service of any process in any legal action or proceedings.  

 

20.                GOVERNING LAW AND JURISDICTION

20.1            These Terms and any dispute or claim arising out of or in connection with it or its 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.

20.2            The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims). 

 

CONSUMER T&C's

First Sight Estates Limited provides specific services relating to the occupation and/or use of the Property (being those listed in the proposed Hire Agreement) on the following Terms. Please read the document carefully as you are bound by these Terms following the circumstances listed in clause 2. 

We suggest that before you sign the Hire Agreement you read through these Terms. If you have any questions concerning them please ask us.

Please specifically note your cancellation rights in clause 11 and the indemnity contained in clause 13.

Please keep a copy of these Terms for your records.

 

1.                   DEFINITIONS  
1.1        When the following words are used in these Terms, this is what they will mean:

(a)            Consumer: a person acting not in the course of business;

(b)            Deposit: the sum of the Deposit listed in the Hire Agreement;

(c)            Estate: the estate known as Kinross House, Kinross, Kinrosshire, KY13 8ET;  

(d)            Event Outside Our Control: is defined in clause 10.2;

(e)            Hire Agreement: the Hire Agreement signed by you and headed as such which contains details of your Request and the Services We will be providing to you; 

(f)             Period: the length of time that We have agreed to allow you to use and occupy the Property as set out in the Hire Agreement;

(g)            Price: the total price (exclusive of VAT) for providing the Services as listed in the Hire Agreement; VAT will be charged additional to the price.

(h)            Property: that part of the Estate (but excluding the parts of the Property listed in clause 5.14) that We have agreed to allow you to use and/or occupy for the Period as more accurately defined in the Hire Agreement; 

(i)              Request: your request for the Services and use and/or occupation of the Property as set out in the Hire Agreement;

(j)             Services: the services (including the occupation and/or use of the Property during the Period) that We are providing to you as set out in the Hire Agreement;

(k)            Terms: the terms and conditions set out in this document; and

(l)              We/Our/Us: First Sight Estates Limited (CRN 07065391) whose registered office is at Cleveland House, Norton Road, Stockton-on-Tees, Cleveland, TS20 2AQ.

1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

 

2.                   OUR CONTRACT WITH YOU
2.1        These are the terms and conditions on which We supply Services to you.

2.2 Following our discussions regarding the proposed Services, We will have provided you with a Hire Agreement for you to sign. Please ensure that you read these Terms carefully, and check that the details on the Hire Agreement and in these Terms are complete and accurate, before you sign and return the Hire Agreement to Us. If you think that there is a mistake, please contact Us to discuss before signing and returning the Hire Agreement (whereby we will issue an amended Hire Agreement if we accept the mistake).

2.3 When you sign and return the Hire Agreement to Us (or We accept an amended Hire Agreement in accordance with clause 2.6), these Terms and the terms set out in the Hire Agreement will become binding on you and Us and a contract will come into existence.

2.4 We consider that these Terms and the Hire Agreement constitute the whole contract between you and Us for the provision of the Services.

2.5 If you amend a Hire Agreement in any way before signing and submitting the Hire Agreement to Us a contract will not have been formed unless approved in accordance with clause 2.6. If We are unwilling to supply you with the Services in accordance with the amended Hire Agreement We will inform you of this in writing and no contract will have been formed between you and Us.

2.6 If you amend a Hire Agreement in accordance with clause 2.5, a contract between you and Us will become binding when We issue you with a written acceptance of the amended Hire Agreement.

2.7 If any of these Terms conflict with any term of the Hire Agreement, the Hire Agreement will take priority.

2.8 We shall assign a number to the Request and inform you of it when a contract comes into existence between you and Us. Please quote the number in all subsequent correspondence with Us relating to your contract.

 

3.                   CHANGES TO TERMS
3.1 We may revise these Terms or the terms contained in any Hire Agreement from time to time in the following circumstances: 

(a)            changes in how We accept payment from you; 

(b)            changes in relevant laws and regulatory requirements; and

(c)            following an Event Outside Our Control or any other circumstances beyond Our control.

3.2                If We have to revise these Terms under clause 3.1, We will give you at least one week's written notice of any changes to these Terms before they take effect. 

3.3                You may make request a change to the terms contained in the Hire Agreement at any time before the Period by contacting Us. If We are willing to accept such a change We will confirm in writing and advise you of any amendment to the Price. Your change to the relevant terms contained in the Hire Agreement will only becoming binding:

(a)            (if We confirm that there is no amendment to the Price) once We have confirmed in writing that We are willing to accept such a change; or

(b)            (if We confirm that there is an amendment to the Price) once you have confirmed to Us in writing that you accept the amendment to the Price.

3.4                Should a requested amendment to the Hire Agreement not be accepted and become binding in accordance with clause 3.3, the terms of the Hire Agreement without such amendment will continue in force and will remain binding as between you and Us.

3.5                If you wish to cancel the Services before they have been fulfilled, please see your right to do so in clause 11. 

 

4.                   PROVIDING SERVICES
4.1        Subject to clause 10, We will supply the Services to you during the Period for the Price.

4.2 We may need certain information from you that is necessary for Us to provide the Services. We will contact you in writing about this. If you do not, after being asked by Us, provide Us with this information, or you provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may cancel the Services by giving you written notice. We will not be liable for any cancellation where you have not provided this information to Us after We have asked.

4.3 If you do not pay Us for the agreed Services at the agreed times as set out in clause 8 and/or the Hire Agreement, We may refuse to supply the Services until you have paid Us the outstanding amounts. We will contact you to tell you this. This does not affect Our right to charge you interest under clause 8.7. 

 

5.                   OCCUPATION OF PROPERTY
5.1 As part of the Services, We will be allowing the amount of people specified in the Hire Agreement to use and/or occupy the Property. You will not permit any persons to use and/or occupy the Property over and above the number listed in the Hire Agreement.

5.2Your occupation and/or use will be limited to the Property only. You agree that you will not use and/or occupy any part of the Estate other than the Property as per the Hire Agreement.

5.3 Your use and/or occupation of the Property will be a non exclusive licence only and is not intended to create any relationship of landlord and tenant between you and Us. You shall not be entitled to a tenancy, or to an assured shorthold or assured tenancy, or to any statutory protection under the Housing Act 1988 or to any other statutory security of tenure now or when your occupation ends.

5.4 The Hire Agreement will specify the nature of the occupation and/or use and as to whether that occupation or use is exclusive. You agree that you will not occupy or use the Property for any purposes other than those specified in the Hire Agreement.

5.5 Attached to these Terms are a list of rules relating to the Property and its use and/or occupation. These rules form part of these Terms and are intended to protect you, your guests, the Property and the valuable items contained within. We reserve the right to amend these rules from time to time and to provide you in writing with an updated list of rules. The updated list will become binding and will be incorporated into these Terms as soon as you receive the updated list of rules. You agree to follow the rules contained in the attached list of rules as amended from time to time and to procure that your guests or permitted occupants follow such rules. 

5.6 At the end of the Period you will vacate the Property and ensure that all persons occupying or using the Property during the Period vacate the Property. 

5.7 If you or any other person occupying the Property during the Period are issued with any keys, key fobs or other items used to access the Property or any part of it, you will ensure that all such keys are returned at the end of the Period. If any keys or items are lost, you will be required to pay a reasonable fee for replacing such keys or items.

5.8 We will not be providing any drinks, food or other items during the Period or any additional services unless detailed in the Hire Agreement. Any such items or additional services not listed in the Hire Agreement will be charged by Us to you following or during the Period in accordance with the price lists contained at the Property. During the Period we will supply clean bed linen and towels if you are to occupy and/or use the Property overnight. 

5.9 During the Period We (or any of Our staff, agents or personnel) may enter the Property at any time to monitor your compliance with these terms, provide the Services, access the areas listed in clause 5.14 or to maintain and repair the Property or Estate. We will use all reasonable endeavours to ensure that your occupation and/or use of the Property is not disturbed but will not be liable to you for any losses or damages as a result of any such disturbance. 

5.10      During the Period, you will ensure that:

(a)            the Property and all furnishings remain in the same condition as they were at the start of the Period. You will be responsible for any damage or destruction caused by you or any person occupying and/or using the Property during the Period and the cost of cleaning any untidiness over and above the usual untidiness that We would expect for a similar occupation and/or use;

(b)            no damage is caused to the walls, windows, floors or doors to the Property by you or any person occupying and/or using the Property during the Period;

(c)            you and any person occupying and/or using the Property during the Period do not cause any nuisance or annoyance to any other occupier or user of the Estate or any adjoining or neighbouring land; 

(d)            you and any person occupying and/or using the Property during the Period comply with all laws and legislation during the Period;

(e)            you and any person occupying and/or using the Property during the Period comply with all fire safety rules issued by Us or detailed at the Property; and

(f)             you and any person occupying and/or using the Property during the Period do not do any act or permit any act that would make any insurance policy on the Property or any fixtures or fittings on the Property void or voidable or increase the premium of any such policies.

5.11            Any breaches of clause 5 of these Terms or any rules relating to the Property that have been provided to you (which in Our opinion could place the any guests or the Property or any neighbouring parts of it at risk of harm or could cause any nuisance to the owners or neighbouring occupiers or users) will entitle Us to terminate or curtail your use and/or occupation of the Property with immediate effect. If We notify you of such termination, you must vacate (and procure that any other persons occupying and/or using the Property vacate)

the Property immediately. If such termination occurs, We will have no liability to you and no requirement to repay any of the Price.

5.12            The cost of normal domestic electricity use for the amount of people specified in the Hire Agreement to use and/or occupy the Property will be included in the Price. You will be accountable to Us for any electricity use over and above such amount. If We believe that you have exceeded such normal domestic use, We will forward details of what We believe to be the amount of such excess, such amount to be payable immediately.

5.13            The cost of a reasonable amount of local and national calls will be included in the Price. If We believe that you have made excessive local and national calls or any international calls, We will forward details of what We believe to be the cost of such calls, such cost to be payable immediately

5.14            Due to the need to allow the staffing to provide the Services, the following areas will not be included in the Property that you are entitled to use/occupy:

(a)            any areas designated as an area to be accessed by staff or personnel only; and

(b)            the computer and communications room

5.15 The owner of the Property will be entitled to rely upon the terms contained in clause 5.10 as if it was a party to the contract between you and Us.

 

6.                   STAFFING
6.1 We will provide a Front of House Manager and an appropriate level of housekeepers at the Property during the Period. 

6.2 We will only provide additional staffing over and above that listed in clause 6.1 (including kitchen staff, bar staff and reception services) if so specified in the Hire Agreement.

6.3        Any staffing costs will be included in the Price.

6.4 You will ensure that you and any person occupying and/or using the Property during the Period are always polite and courteous to the staff and are never rude or abusive. We reserve the right to withdraw any of Our staff from the Property and/or provision of the Services if any of them suffers rudeness or abuse. We will not be liable to you as a result of the withdrawal of any staff and you will not be entitled to a refund of the Price or any part of it.

6.5 If so specified in the Hire Agreement, We may be providing additional Services over and above the occupation of the Property detailed in clause 5. If We are providing such additional Services, will provide them at the times agreed during the Period. If no times have been agreed as to when such additional Services will be provided, We will provide such additional Services when We deem appropriate. We will not be liable to you for:

(a)            the provision of any additional services not listed in the Hire Agreement; and

(b)            (if no times have been agreed as to when such additional Services will be provided) the provision of additional Services on the times We deem appropriate.

 

7.                    IF THERE IS A PROBLEM WITH THE SERVICES OR A COMPLAINT 7.1 If you are dissatisfied with the Services:
(a)            please contact Us and tell Us as soon as reasonably possible on 01642 702070 or Cleveland House, Norton Road, Stockton-on-Tees, TS20 2AQ;

(b)            please give Us a reasonable opportunity to resolve your complaint; and

(c)            if a complaint occurs during the Period we will use every effort to resolve the it as soon as reasonably possible.

You will not have to pay for Us to rectify a justified complaint under this clause 7.1.. We will not be liable to you or be required to repay the Price or any part of it if We believe the complaint is capable of remedy and you do not allow us a reasonable period to rectify it. 

7.2 As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

 

8.                   PRICE AND PAYMENT
8.1        The price of the Services will be set out in Hire Agreement.

8.2 If We agree to any amendment of the Services under clause 3 of these Terms, your Price may be subject to change in accordance with the provisions of clause 3.

8.3        The Price excludes VAT which will be charged by Us and payable by you at the applicable rate at the times specified in the Hire Agreement. We will endeavour to state the amount of VAT payable in the Hire Agreement (however VAT will remain payable even if it is not so specified). If the rate of VAT changes between the date of the Hire Agreement and the date of payment of the relevant sum, We will adjust the rate of VAT that you pay.

8.4 Once a contract becomes binding between you and Us in accordance with clause 2, the Deposit will be payable. The Deposit is not refundable except as set out in clause 10, 11 and 12. 

8.5 The balance of the Price (and any VAT payable on it) will be payable on the dates specified in the Hire Agreement. You must pay each invoice in cleared monies on the date and to the account specified in the Hire Agreement:

8.6 If you fail to pay the balance of the Price prior to the commencement of the Period, We will not be required to provide the Services and will not be liable to you for any losses, damages, costs or expenses as a result. 

8.7 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Barclays Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount. 

8.8        However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 8.7 will not apply for the period of the dispute.

 

9.                   OUR LIABILITY TO YOU
9.1 If We fail to comply with our contract with you for the provision of the Services, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract. 

9.2        We do not exclude or limit in any way in these Terms Our liability for:

(a)            death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; 

(b)            fraud or fraudulent misrepresentation; 

(c)            breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); 

(d)            breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and

(e)            defective products under the Consumer Protection Act 1987.

9.3 These terms are intended for use with consumers only, however if you are not a consumer but subject to clause 9.2, We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Services or Our contract with you to provide the Services for:

(a)            any loss of profits, sales, business, or revenue;

(b)            loss or corruption of data, information or software;

(c)            loss of business opportunity;

(d)            loss of anticipated savings;

(e)            loss of goodwill; or

(f)             any indirect or consequential loss.

9.4                These terms are intended for use with consumers only, however if you are not a consumer but subject to clause 9.3 and clause 9.4 , Our total liability to you in respect of all other losses arising under or in connection with the Services or Our contract with you to provide the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price.

9.5                We will not be liable for any loss or damage to any personal items that you bring onto the Property. 

 

10.                EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under our contract with you that is caused by an Event Outside Our Control. 

10.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation the Property not being suitable for occupation or use (other than

as a result of any act, omission or negligence of Us), , strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, loss of staff or key personnel, or failure of public or private telecommunications networks.

10.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: 

(a)            We will contact you as soon as reasonably possible to notify you; and

(b)            Our obligations under these Terms will be suspended until we are able to agree an acceptable substitute Period with you.

10.4            Following notification under clause 10.3(a), you may cancel the contract. Please see your cancellation rights under clause 11.If, following notification under clause 10.3(a), We are unable to agree an acceptable substitute Period with you within 30 days of such notification, we will return the Deposit and all other sums paid by you to Us. Other than the return of such sums, we will (subject to clause 9.4) have no further liability to you and our contract relating to the Services will no longer be binding on Us.

10.5            There may be additional Services listed in the Hire Agreement that require certain weather conditions to complete. We will incur costs and expense in preparing for such additional Services regardless of the weather. If we are required to cancel such additional Services due to the weather or you do not wish to proceed with such additional Services due to such weather, we will (subject to clause 9.4) not be liable to you for any losses, expenses, costs or damages or to repay the Price or any part of it.

 

11.                YOUR CANCELLATION RIGHTS
11.1      Before the Period, you have the following rights to cancel your contract with Us:

(a)            You may cancel your contract with Us for Services at any time before the start of the Period by contacting Us. We will confirm your cancellation in writing to you.

(b)            If you cancel your contract under clause 11.1(a) and you have made any payment in advance for Services that have not been provided to you We will be entitled to retain the Deposit and that part of the Price paid by you to Us (or due from you to Us at the time of cancellation) to cover the losses, costs and expenses in preparing to provide the Services as well as the loss of bookings 

(c)            You will not be entitled to cancel the contract once the Period has commenced unless such cancellation is within clause 11.2 of these Terms.

11.2            During the Period, you may (subject to our rights to rectify the situation under clause 7 of these Terms) cancel the contract for Services with immediate effect by giving Us written notice if We break this contract in any material way and We do not or cannot correct or fix the situation in accordance with clause 7 of these Terms.

11.3            If you cancel the contract for Services under clause 11.2 We will return to you what We believe is that reasonable proportion of the Price that relates to the Services which We have not been provided to you, plus the sum of £100.00 by way of compensation. Subject to clause 9.2, we will not have any further obligations or liabilities to you as a result of such cancellation. 

11.4            If We are able to obtain another booking for the Period (although we have no obligation to seek such a booking) we may be in a position to return part of the Price actually paid by you to Us prior to your cancellation. The amount that We will return will be calculated as follows: (The total sum actually received by the new customer following the subsequent booking + that part of the Price actually paid by you to Us) – (the total price which should have been paid by you to Us if your contract had been performed in full) – (an amount decided by Us to reflect the management time in obtaining the subsequent booking and any costs or agents fees relating to such booking). 

Provided that such sum will not exceed the Price that you actually paid to Us.

11.5            Any sum payable under clause 11.4 will only be payable following the successful conclusion of the subsequent booking.

 

12.                OUR CANCELLATION RIGHTS
12.1 We may cancel the contract at any time without any cost or liability to you with immediate effect by giving you written notice if:

(a)            you do not pay Us when you are supposed to as set out in clause 8. This does not affect Our right to charge you interest under clause 8.7; or

(b)            you break the contract in any other material way and you do not correct or fix the situation (where such breach is capable of remedy) within 7 days of Us asking you to in writing.

If we cancel the contract due to any of the reasons listed in this clause 12.2, We will be entitled to retain the Deposit and any additional part of the Price paid by you to Us (or due to Us on the date of such cancellation) to cover the losses, costs and expenses in preparing to provide the Services as well as the loss of bookings.

 

13.                INDEMNITY
13.1 If you breach any of these Terms you will be liable to Us for all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by Us arising out of or in connection with such breach.

13.2 If you breach any of the provisions of clause 5.10, you may also be liable to the owner of the Property for all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by the owner arising out of or in connection with such breach

 

14.                INFORMATION ABOUT US AND HOW TO CONTACT US
14.1 We are a company registered in England and Wales. Our company registration number is CRN 07065391 and our registered office is at Cleveland House, Norton Road, Stockton-on-

Tees, Cleveland, TS20 2AQ. Our registered VAT number is 992163792 

14.2 If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01642702070 or by e-mailing Us at tracey.george@firstsightestates.com

14.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Us at Cleveland House, Norton Road, Stockton-on-Tees, Cleveland, TS20 2AQ [AND/OR TRACEY GEORGE E-MAIL ADDRESS]. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the . 

 

15.                HOW WE MAY USE YOUR PERSONAL INFORMATION
15.1           We will use the personal information you provide to Us to: (a)         provide the Services;

(b)            process your payment for such Services; and

(c)            inform you about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.

15.2            You agree that We may pass your personal information to credit reference agencies and our insurers and that they may keep a record of any search that they do.

15.3            We will not give your personal data to any other third party.

 

16.                OTHER IMPORTANT TERMS
16.1 We may transfer Our rights under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.

16.2 Your contract with Us for the provision of the Services is personal to you and you cannot transfer or assign your rights under these Terms or such contract.

16.3 This contract is between you and Us. No other person shall have any rights to enforce any of its terms with the exception of the owner of the time being of the Property who may enforce the terms contained in clause 5. 

16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.5 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you. 

16.6 These Terms are governed by English law. You and We both agree to submit to the nonexclusive jurisdiction of the English courts.  

 

BUSINESS TO BUSINESS T&C's

CONSUMER T&C's