booking terms and conditions

CAP Worldwide (hereafter referred to as "we", “us”, “our”) is a global serviced apartment agency, which provides booking and consulting services for corporate clients and their globally mobile employees. We work with supply chain partners worldwide who operate serviced apartments and may advertise their products on our Website(s).

Our main website is https://www.capww.com(the Website)

Terms

These Booking Terms and Conditions for Serviced Apartment Stays (“Terms”) set out the terms on which CAP Worldwide clients (“you”, “your”) can make reservations (“Bookings”) for serviced apartments which are provided by our various apartment vendors (“Supply Chain Partners”) by the means set out in these Terms.

Definitions

The following definitions and rules of interpretation apply in these Terms:

“Additional Services”

Means additional services which may be offered to you and/or Travellers by the Supply Chain Partner subject to the Terms of Stay or any other terms provided to you by the Supply Chain Partner in relation to a Serviced Apartment. Such Additional Services may include, but are not limited to, airport transfer services, dry cleaning/laundry services, internet/telephones charges, parking charges, as applicable.

“Booking”

Means the contract for your confirmed booking of the Serviced Apartment consisting of these Terms, the applicable Terms of Stay and the Confirmation.

“Booking Period”

Means the period during which you and/or Travellers are entitled to occupy the Serviced Apartment as set out in the Confirmation.

“Booking Enquiry”

Means an enquiry made by you to book a Serviced Apartment for you and/or Travellers for a specified Booking Period subject to these Terms and the Terms of Stay, or a request by you to us to book any alternative Serviced Apartment that we suggest.

“Cancellation Fee”

Means the charge payable by you in the event that you cancel a Booking or we cancel a Booking in accordance with the clauses “Cancellation by you”, Cancellation by Us or the Supply Chain Partner” and “Check-in and Check-out” and as set out in the Terms of Stay.

“Confirmation”

Means the written confirmation of your Booking sent to you by email (or other method of electronic messaging such as SMS or WhatsApp) by us when your Booking has been accepted by the Supply Chain Partner. The Confirmation shall detail the Serviced Apartment, Booking Period and the amount due from you in accordance with the payment terms set out in the Terms of Stay and shall also include a copy of these Terms and the Terms of Stay for the property booked.

“Serviced Apartment”

Means the apartment advertised on the CDMS, Website or associated portal for which you have made a Booking Enquiry and for which we have issued a Confirmation.

“Serviced Apartment Charges”

Means the fees payable for the Serviced Apartment, as set out in the Terms of Stay for the full Booking Period. For the avoidance of doubt, the Serviced Apartment Charges do not include the cost of any Additional Services.

“Supply Chain Partner”

Means the owner, operator or provider of the Serviced Apartment.

“Terms”

Means these booking terms and conditions.

“Terms of Stay”

Means the Supply Chain Partner's terms and conditions (provided to you within the Booking Enquiry Proposal, and also provided to you within the Confirmation), which may include details of the Serviced Apartment Charges, payment period and terms, Security Deposit if applicable, cancellation policy, extension policy, other applicable Policies of the Supply Chain Partner, and any Additional Services in respect of the relevant Serviced Apartment.

“Traveller”

Means the person or persons who are named in the Booking Enquiry or Confirmation or otherwise authorised by the Supply Chain Partner in writing to use a Serviced Apartment during the Booking Period;

“Website”

Means www.capww.com

“Working Day”

Means a day on which banks generally open for business in the City of London excluding Saturdays or Sundays.

“you / your”

means the natural person, company, organisation or unincorporated body (whether or not having separate legal personality) who makes a Booking Enquiry on behalf of yourself and/or on behalf of Travellers.

Booking Enquiries

You may initiate a Booking Enquiry by:

  • completing and submitting an enquiry form on our website or associated client portals;
  • an email enquiry to enquiries@capww.com, or a dedicated client email address (if applicable);
  • a telephone enquiry via calling us on +44 (0) 208 323 2888;
  • text message (if you have been provided with a number);
  • instant messaging services (such as WhatsApp).

Upon receiving a Booking Enquiry, we will endeavour to respond with a range of suitable Serviced Apartment options (the “Booking Enquiry Proposal”) that meet your requirements, including details of:

  • the availability of Serviced Apartments in your desired location for the dates of your stay;
  • the Serviced Apartment Charges and cancellation terms.

We will endeavour to send a Booking Enquiry Proposal meeting your requirements as soon as possible after receipt of your enquiry, and within 1 working day for enquiries within the UK and the EMEA region.

If we are unable to offer any suitable Serviced Apartment options, we will inform you accordingly.

Upon receipt of our Booking Enquiry Proposal, please let us know if any of the Serviced Apartment options are suitable for your requirements.

Once you have confirmed which Serviced Apartment option you wish to proceed with, we will send you a secure online Booking Form for completion which confirms the payment method and your acceptance of these Terms and the Terms of Stay. We are unable to process the Booking until we have received the completed Booking Form.

Your Reservation will be subject to:

  • the Supply Chain Partner confirming to us that it can accept the Booking;
  • and payment of the Serviced Apartment Charges via our secure online payment system or bank transfer (unless we have agreed an invoicing process with you).

Once payment of the Serviced Apartment Charges has been taken:

  • the Booking will be confirmed;
  • you will receive a confirmation email with the Serviced Apartment Booking Confirmation Additional Booking Provisions

Please note that all Bookings for Serviced Apartments are subject to availability.

You must be at least 18 years old to submit a Booking Enquiry.

In the event that we are unable to confirm your Booking, we will notify you and suggest suitable alternative Serviced Apartments and/or Booking Period(s).

If you do not receive a confirmation email with a Serviced Apartment Booking Confirmation, or if any of the information contained within is inaccurate, please inform us as soon as possible.

Once payment of the Serviced Apartment Charges has been made by you in respect of a Booking, we will arrange for payment to be made to the Supply Chain Partner.

Any Additional Services offered/provided to you and/or Travellers by the Supply Chain Partner shall be subject to separate fees and terms between you and/or Travellers and the Supply Chain Partner.

Sales Tax

Serviced Apartment Charges are stated exclusive of any “Sales Tax” such as VAT levied upon the provision of the Serviced Apartment. Any such applicable Sales Tax will be summarised on the Booking Enquiry Proposal and on the Booking Form.

Should the application of sales tax for your Booking change between the date the Confirmation is issued and your Check-in Date to the Serviced Apartment, for instance should local tax law change, we may:

  • if the Sales Tax has increased, require you to pay any additional Sales Tax;
  • or if the Sales Tax has reduced, refund any overpayment to you.

Card Payments

We only accept payment by corporate credit card or bank transfer. We do not accept payment by any other card method.

We apply a charge of 2.9% for payment by corporate credit card. This is not refundable in the event of either cancellation or amendment of a Booking.

Currency

You will pay the Serviced Apartment Charges in the currency we notify to you during the Booking Enquiry process, or such other currency we agree with you in writing.

Security Deposit

The Supply Chain Partner may require payment of a Security Deposit to cover any damage to the Serviced Apartment, loss or breakages during the Booking Period, cleaning charges if the Serviced Apartment is left in an unsatisfactory condition or the non-payment of Additional Services.

If this applies to your Serviced Apartment it will be set out in the Terms of Stay. You agree to provide the Security Deposit if required and on the terms requested by the Supply Chain Partner, or by us. The Supply Chain Partner may request the Security Deposit is made by the way of pre-authorisation of a corporate credit card, or by invoice, for the amount requested by the Supply Chain Partner when the Booking is confirmed.

Should the Supply Chain Partner wish to make any deductions from the Security Deposit, we will request supporting information from the Supply Chain Partner to justify any such deduction. We may also request your assistance in responding to any such request from the Supply Chain Partner.

Terms of Stay

You agree that your Booking will be subject to these Terms and that in relation to your use of the Serviced Apartment you agree to be bound by these Terms and by any general Policies, rules, terms or conditions of the Supply Chain Partner (“Terms of Stay”).

We will provide you with the Supply Chain Partner’s Policies where applicable and where the Supply Chain Partner has supplied them to us.

Where the Supply Chain Partner has not supplied us with their applicable Policies, you or any Traveller(s) should request a copy on check-in at the Serviced Apartment.

Please be aware that some of our Supply Chain Partners require Travellers to provide photographic ID (e.g. passport and/or driving licence) prior to or upon check-in to the Serviced Apartment and take a copy for their records for compliance with local regulations.

Changes

Should you wish to change any of the details of your Booking, please inform us as soon as possible. We will pass on any change request to the Supply Chain Partner, but we cannot guarantee that the Supply Chain Partner will be able to accommodate your request. In the event the Supply Chain Partner cannot accommodate your changes, and you wish to cancel your Booking, a Cancellation Fee will be payable in accordance with “Cancellation by you”.

Special Requests

Should you wish to make any special request(s) regarding your Serviced Apartment Booking, please inform us as soon as possible. We will pass on any special request(s) to the Supply Chain Partner, but we cannot guarantee that the Supply Chain Partner will be able to accommodate your request(s).

Cancellation by you

Once your booking has been confirmed by the Supply Chain Partner, you agree to the relevant cancellation and no-show policy of the Supply Chain Partner which is provided within the Booking Enquiry Proposal and as part of the Terms of Stay.

Should you wish to cancel your Booking, please contact us. We will request a cancellation of your Booking with the Supply Chain Partner; however, we cannot guarantee that the Supply Chain Partner will accept the cancellation without charging a Cancellation Fee.

If the Supply Chain Partner is unwilling to accept the cancellation without penalty, you must pay the applicable Cancellation Fee. You do not have a right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as this is a contract for the rental of accommodation for residential purposes

Cancellation by the Us or the Supply Chain Partner

In the unlikely event that your Booking has to be changed or cancelled by the Supply Chain Partner we will notify you as soon as reasonably practicable. Our liability to you will be limited to finding suitable, equivalent, alternative accommodation or obtaining a refund of any Serviced Apartment Charges you have paid. Neither we nor the Supply Chain Partner will be liable to you for any indirect or consequential loss.

We will be entitled to terminate our agreement with you and/or your Booking immediately in the event that:

  • you fail to pay any sums when they fall due under these Terms;
  • you (or any Traveller(s)) otherwise breach any of these Terms or the Supply Chain Partners Policies.

Following our termination in accordance with the clause above you must:

  • vacate the Serviced Apartment immediately;
  • and ensure that any Traveller(s) vacate the Serviced Apartment immediately.

Extending the Booking Period

Should you require an extension to your Booking, any such extension(s) will be subject to the Terms of Stay and any additional terms provided to you by the Supply Chain Partner.

Please note that the Serviced Apartment may not automatically be available for a further period as it may be pre-booked for another client. All requests for extensions of bookings while in-house are subject to availability.

If you would like an extension, then you must contact us as early as possible and we shall contact the Supply Chain Partner to check if the Serviced Apartment is available for the dates you require or if another suitable apartment is available. Many Supply Chain Partners require a minimum of 14 days’ notice to be able to guarantee that an extension of the Booking Period will be available.

Check-In and Check-Out

Check-in and Check-out times for your Booking will be as stated in the Terms of Stay. In the event that no check-in and check-out times are provided by the Supply Chain Partner, you and/or any Traveller(s) (as applicable) may occupy the Serviced Apartment after 2.00 p.m. on the first day of the Booking Period, and must vacate the Serviced Apartment by 10.00 a.m. on the last day of the Booking Period.

Unless otherwise stated in the Terms of Stay, if you and/or any Traveller(s) (as applicable) fail to check-in by 2.00 p.m. on the day after the first day of the Booking Period and you or a Traveller does not inform the Supply Chain Partner about the late arrival, we on behalf of the Supply Chain Partner may treat your Booking as having been cancelled by you. In this situation, we will not refund any payments already made, and you will be charged the Cancellation Fee in accordance with “Cancellation by you” if you have not already paid the Serviced Apartment Charges in full.

Your Obligations

You agree to, and if making a Booking on behalf of a third party you agree that all Travellers, accompanying family members and any visitors shall:

  • comply with the Policies of the Supply Chain Partner;
  • keep the Serviced Apartment clean and tidy and leave it in the same condition as you found it at the start of the Booking Period;
  • not remove any items provided by the Supply Chain Partner in the Serviced Apartment, for example but not limited to bedding, towels, linens and kitchen equipment. You agree to pay the Supply Chain Partner for the costs of replacing such items if any such items have been removed or are missing at the end of the Booking Period;
  • not allow any pets in the Serviced Apartment without our prior written approval. If you wish to bring your pet with you to the Serviced Apartment, please contact us. If we, or the Supply Chain Partner, have agreed to you having a pet in the Serviced Apartment, you will be required to comply with any additional rules made available by the Supply Chain Partner, which may include payment of a Security Deposit, which is refundable at the end of the Booking Period providing the Serviced Apartment has been left in a satisfactory condition. An additional cleaning fee will be required to be paid on check-out, the amount of which will be confirmed in advance.
  • not smoke in the Serviced Apartment unless the Terms of Stay specifically state otherwise;
  • only allow the maximum number of people permitted by the Supply Chain Partner to stay in the Serviced Apartment overnight;
  • not sub-let the Serviced Apartment, nor allow any other form of accommodation sharing. Sub-letting is not permitted under any circumstances by law.
  • allow the Supply Chain Partner and any workmen access to the Serviced Apartment on reasonable notice to you during the Booking Period (unless in an emergency or if a problem needs urgent investigation or resolution, in which case you agree that the Supply Chain Partner and/or its representatives may enter the Serviced Apartment at any time without prior notice).
  • accept that any damages to the Serviced Apartment due to misuse or accidental damage are the sole responsibility of the named Traveller(s), unless such damages are highlighted to us or the Supply Chain Partner at the time of check-in.
  • you or a Traveller may need to check and sign an inventory of the Serviced Apartment and its contents on check-in. Please check this inventory carefully and highlight any discrepancies or concerns to us immediately.
  • agree to be responsible for all damage or breakages caused by you and/or any Traveller(s) to the Serviced Apartment and all items provided within it (for example carpets, mattresses and linen) during the Booking Period and to pay the Supply Chain Partner for the costs of damage to the Serviced Apartment and the costs of repairing or replacing any damaged or broken items. If you have been asked to provide a security deposit our Supply Chain Partner may charge the costs of such damage and breakages to your corporate credit card in accordance with the Terms of Stay.

The Supply Chain Partner, or we, on behalf of the Supply Chain Partner, may terminate your Booking and ask you to leave the Serviced Apartment with immediate effect without providing you with a refund of the Serviced Apartment Charges if in the Supply Chain Partner or our reasonable opinion, you or any Traveller(s) or visitor to the Serviced Apartment have:

  • committed any illegal activity;
  • behaved antisocially or caused a nuisance to neighbours, for example playing music in such a manner as to be audible outside the Serviced Apartment at any time;
  • caused any damage or acted in a way that is likely to cause damage to the Serviced Apartment or any other person or property;
  • acted in a way which could expose us or the Supply Chain Partner to any third-party liability or to criminal liability;

Any breach of “Your Obligations” by a Traveller or visitor to the Serviced Apartment will for the purpose of these Terms be considered a breach by you.

Limitation of our liability

You acknowledge that our sole obligation to you is to provide a booking service for and on behalf of our Supply Chain Partners in accordance with these Terms. The Serviced Apartment is (i) owned and operated by the Supply Chain Partner, or (ii) owned by a third party landlord who appoints the Supply Chain Partner to take reservations for the Serviced Apartment on the landlord’s behalf or allow Serviced Apartment Booking Agents to take reservations on their own behalf.

While we have used reasonable care in obtaining accurate descriptions of the Serviced Apartments for use on our CDMS, Website and associated portals and have obtained assurances from Supply Chain Partners that these descriptions are accurate in all material respects, we do not own the Serviced Apartments and we cannot offer you any guarantees in relation to the Serviced Apartment.

Nothing in these Terms limits or excludes our liability:

  • for death or personal injury resulting from our negligence;
  • for fraud or fraudulent misrepresentation; or
  • for any liability which we cannot exclude by law.

We (and each of our employees, officers directors and representatives) shall not be liable, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise, to you, any Traveller(s) or any other party for:

  • any punitive loss, loss of profits, loss of revenue, loss of data, loss of contract, loss of or damage to goodwill or reputation, wasted expenditure, loss of anticipated savings or any indirect, special or consequential losses;
  • the acts or omission of the Supply Chain Partner or any failure by the Supply Chain Partner to perform or comply with any of the terms of the Booking, including a failure to provide the Serviced Apartment during the Booking Period (whether due to overbooking or otherwise) or a failure to provide the Serviced Apartment in the condition or with the amenities that it was advertised on the CDMS, Website or associated portal or where the Serviced Apartment is not up to the standard you expect;
  • any inaccuracies or errors relating to the information about the Serviced Apartment made available on the CDMS, Website or associated portal (which you acknowledge has been provided by the Supply Chain Partner and not us);
  • any Additional Services offered to you by the Supply Chain Partner;
  • any loss of or damage to personal possessions belonging to you or to any visitors to the Serviced Apartment or any incident or occurrence which takes place at the Serviced Apartment; or
  • any losses incurred pursuant to or arising from or in connection with the use, inability to use or delay of the CDMS, Website or associated portal.

We shall have no liability to you if we are prevented from or delayed in performing our obligations under these Terms arising from events beyond our reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supply Chain Partners or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood, storm, default of the Supply Chain Partners, theft, burglary or malicious acts of third parties.

We shall only be liable for direct losses actually incurred by you due to a breach of our obligations under these Terms, up to and not exceeding the amount of the Serviced Apartment Charges actually paid by you on the date such loss occurred. This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, officers, directors and representatives) to you arising out of or in connection with any breach by us of our obligations under these Terms.

All warranties expressed or implied whether by statute, common law or otherwise are excluded to the fullest extent permitted by law.

Indemnity

You agree to indemnify us against all and any loss, damages and costs sustained by us arising out of any breach by you (or any Traveller(s)on whose behalf you make a Booking for or who otherwise use the Serviced Apartment) of any of these Terms or the Supply Chain Partner’s Policies.

Insurance

We are not liable for any loss of or damage to your possessions belonging to you or to the Traveller(s) or any visitors to the Serviced Apartment during the Booking Period of the Serviced Apartment. We therefore strongly recommend that you take out travel insurance for your possessions and for other risks during your Booking Period at the Serviced Apartment.

Information on the CDMS, Website and associated portals

All information about the Serviced Apartments contained on our CDMS, Website or associated portals has been provided by our Supply Chain Partners. We only provide information regarding a Serviced Apartment as an agent for the Supply Chain Partner.

We carefully select our Supply Chain Partners and take precautions to ensure that any information provided regarding Serviced Apartments is accurate, complete and up to date.

Although we require our Supply Chain Partners to provide accurate information we cannot guarantee that this information is accurate, complete or up to date, and we shall not be liable for any loss, damage, cost or expense arising either directly or indirectly from errors (including typographical errors), inaccuracies or omissions contained in such information.

Each Supply Chain Partner remains responsible at all times for the accuracy, completeness and correctness of the information provided about their Serviced Apartment (including the Serviced Apartment Charges) displayed on the CDMS, Website and associated portals.

The CDMS, Website and associated portals do not constitute and should not be regarded as a recommendation or endorsement of the quality or service level of any Serviced Apartment made available.

We will assist you where there is an issue in relation to information provided by the Supply Chain Partner.

We will make any necessary changes to Serviced Apartment information provided where we become aware of any errors.

Personal Information and Data Protection

If you contact us, register a Booking Enquiry with us or receive services from us, we collect information about you and any Traveller(s). You may give us the information, or your employer (our corporate client) may provide it to us directly. This may include your name, email address, phone numbers, employer, and physical work address(es), as well as details about your accommodation requirements (including budget, details of your stay and preferred accommodation type).

Where we request information from you regarding you or Traveller(s) to facilitate the Booking or Check-in process, you agree to promptly provide us with all such information that we may request and that such information provided will be accurate, complete and up-to-date. Furthermore, you agree to notify us immediately of any changes to such information.

Where you provide us with information about a third party (including Travellers), you confirm that you have their authority to provide such information to us for use in accordance with our Privacy Policy.

For further information about how we use, share and store personal information, please see our Privacy Policy which can be viewed here: https://www.capww.com/privacy-policy

Complaints

Please highlight any requests or minor issues about the Serviced Apartment to the Supply Chain Partner in the first instance. Should you experience a more serious issue, or the Supply Chain Partner fails to adequately address issues you have raised to them for resolution, please contact our Traveller Care team who will address and resolve the issue with the Supply Chain Partner on your behalf.

We aim to provide a consistently high standard of booking services to our clients and Travellers, and we welcome feedback on our performance. If you have any concerns or comments about the service you have received from us, please contact us at travellercare@capww.com or by calling us on +44 (0)208 323 2888.

General

These Terms 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.

No tenancy of the Serviced Apartment is deemed to be granted or shall arise under these Terms.

Neither these Terms nor any rights or obligations under these Terms may be assigned or licensed by you.

No waiver by us of any breach of these Terms by you shall be considered as a waiver of any subsequent breach of the same or any other provision. We shall not be deemed to have waived performance of any obligation by you under these Terms unless we have expressly waived such performance in writing.

If any provision of these Terms is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and will not in any way affect any other circumstances or the validity or enforcement of these Terms.

All rights and remedies provided under these Terms are cumulative.

Variation

We may amend these Terms from time to time and make the revised and updated version available on the Website.

Where we amend these Terms, any revisions or amendments will not impact upon any Bookings confirmed prior to the date of variation of these Terms, unless this is specifically required by applicable law.

Entire Agreement

These Terms supersede all prior agreements, arrangements and undertakings between us and you and constitute the entire agreement between us in relation to the subject matter of these Terms. You confirm that you have not entered into agreement with us on the basis of any representation that is not expressly incorporated into these Terms.

Version 2.0 August 2019