Accommodation Terms and Conditions

Pendulum Hotel and Manchester Conference Centre & IQSA (Hermes) Ltd BOOKING TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

These Terms are applicable to all Contracts of any kind made by Pendulum Hotel and Manchester Conference Centre & IQSA (Hermes) Ltd, The Hotel” and its Clients and apply to all reservations, bookings and agreements for accommodation, dining, and use of services at the Hotel.

 

IQSA (Hermes) Ltd is registered in England and Wales under company number 10037473 with its registered office at 7th Floor, Cottons Centre, Cottons Lane, London, SE1 2QG. To contact The Hotel, please email: stay@pendulumhotel.co.uk

Clients are asked to read these Terms carefully and note their responsibilities, arrangements for payments, cancellation terms and limitations on the liability of The Hotel.

In these Terms:

Booking Confirmation:  means the confirmation e-mail a Client will receive when a Client’s offer is accepted by the Hotel;

Client: means the person for whom The Hotel has agreed to provide the Services in accordance with these Terms. If The Hotel has agreed to provide services through the RFP Process, then those services shall be supplied on separate terms and the individual(s) to whom services are supplied under the RFP Process shall not be considered Clients for the purpose of these Terms;

Contract: means the contract for the provision of the Services between The Hotel and the Client;

RFP Process: means the process through which non-standard events and/or group bookings are priced and booked;

Services: means accommodation, dining (where applicable) and other services (as applicable), described by The Hotel on its website, in its brochure, or over the telephone which the Client books and The Hotel is to supply pursuant to the Contract.

Terms: means these booking terms and conditions, as amended from time to time.

Website: means The Hotel’s website at: pendulumhotel.co.uk (as may be amended from time to time)

 

  1. FORMATION OF CONTRACT

1.1. The Hotel shall supply, and the Client shall purchase the Services in accordance with the Contract, which shall be governed by these Terms to the exclusion of any and all other terms.

1.2. None of the information on the Website, in any of The Hotel’s brochures, or given by The Hotel staff over the telephone constitutes an offer from The Hotel. This information constitutes an invitation for Client(s) to make an offer to The Hotel and The Hotel may accept or decline any such offer for any reason.

1.3. A Contract shall only come into effect and shall only become binding on The Hotel when a Client’s offer is accepted in writing by The Hotel – this will be the point at which The Hotel issues a Booking Confirmation.

  1. CLIENT INFORMATION

2.1. The Client shall, at his/her own expense, supply The Hotel with all necessary data or other information relevant to the supply of Services, as reasonably requested by The Hotel, within a sufficient time to enable The Hotel to provide the Services in accordance with the Contract. The Client shall ensure the accuracy of all such information.

  1. THE HOTEL INFORMATION

3.1. The images of rooms on the Website and in The Hotel, brochures are displayed for illustrative purposes only. Although The Hotel makes every effort to display rooms and facilities accurately, there may be minor discrepancies between these images and the Services supplied.

  1. PAYMENT AND RATES

4.1. The booking rate payable by the Client shall be clearly set out (or explained to the Client, as applicable) as “Advance purchase” or “Flexible” at the point a booking selection is made. The booking rate will be confirmed in the Booking Confirmation.

4.2. The Client will generally have a choice of rates at the point a booking selection is made. However, the specific rates and pricing available in any particular case will depend on availability and demand at any given time.

4.3. For bookings made on Advance purchase standard rate rates, full payment will be taken at the time of booking. This payment is not refundable in the event of any cancellation or no-show. The Client has no right to make changes to bookings made on Advance purchase rates.

4.5. Flexible Rates will have card details taken at the point of booking, but bookings made on Flexible rates can be cancelled by the Client at no cost up until 2pm the day prior to scheduled arrival. The Hotel may allow for later cancellation at no cost – this information will be stated in the Booking Confirmation.

4.6. All rates featured on the Website or quoted by telephone are subject to availability and The Hotel reserves the right to refuse any booking for any reason. Prior to receipt of a Booking Confirmation, all prices are subject to change without notice and The Hotel does not guarantee that any particular type of rate will be available in respect of any particular booking.

4.7. If The Hotel accepts and processes a Client offer where a pricing error is obvious and unmistakable and could reasonably have been recognised by a Client as mispricing, The Hotel may end the Contract and refund any sums paid.

4.8. All charges, whether the Advance purchase Rates or the Flexible Rates are inclusive of Value Added Tax at the current prevailing rate. Indicative alternative currency rates used to estimate cost and balance of cost are based on current exchange rates and are subject to fluctuation.

4.9. Any additional charges due to The Hotel from the Client for the Services shall be paid by the Client on presentation of an invoice prior to the Client leaving the relevant Hotel. The Client is deemed to have authorised the settling of all outstanding charges which can be processed by The Hotel using any credit or debit card details held on file. Payment via cheque or cash is not accepted.

5.0. CITY VISITOR CHARGE
The City Visitor Charge is applicable to all bookings from 1st April 2023, payable on arrival.

Created for the development and promotion of tourism, and to assist in bringing new events and creating additional activities for visitors to Manchester, the City Visitor Charge is a supplementary £1 charge per room per night for guests added to the final accommodation bill. The statutory charge is collected from all paid accommodation establishments that fall within the Manchester ABID zone similar to established schemes in cities across Europe and North America. More information is available at www.manchesterabid.com

  1. CANCELLATIONS

5.1. Advance Purchase – any Contract made on Advance purchase is not refundable in the event of Client cancellation or if the Client and/or their guest(s) fail to take up the Services on the day specified in the Contract, except for the circumstances set out in the Termination section below. The Client has no right to make changes to Contracts made on Advance purchase rates. No Client-requested changes will be made unless agreed by The Hotel in writing.

5.2. Flexible: the Client may cancel any Contract made on flexible rates at no cost up until 2pm on the day of the Client’s scheduled arrival. If the Client fails to cancel in time or take up the Services on the day specified in the Contract, the Client will be charged the total cost for the first night of the booking, which shall be calculated as follows:

The number of rooms booked x the price of each room on the first night of the booking.

5.3. The Hotel reserves the right to cancel a booking for any reason. If The Hotel needs to cancel a booking it may offer an alternative hotel for the fulfilment of such booking, and it will not charge any administration fees. The Client may accept or decline such offer at its discretion and if the Client declines, The Hotel will make a full refund of the fees paid. The payment of the full refund will be the full amount of The Hotel’s liability to the Client.

5.4. The cancellation policy is subject to change. Please check these Terms regularly to understand the current position. The Booking Confirmation will always reflect the current position.

 

  1. VARIATION IN SERVICES

6.1. The Hotel may at any time make changes to the Services, without notice to the Client, which are necessary to comply with any applicable safety or other legal or regulatory requirements, for example, to address a security threat, extraordinary environmental conditions, unforeseen damage to premises or a national state of emergency, or changes which do not materially affect the nature or quality of the Services.

6.2. The Hotel reserves its right to make changes to the Services in other circumstances, upon notice to Client, in exceptional situations which may include any of the following: unforeseen system failures, utility outages, health hazards and emergency renovations to premises. In the unlikely event that this happens, Client has the right to:

6.2.1 Accept the changed arrangements as notified;

6.2.2 Make alternative arrangements with The Hotel; or

6.2.3 Cancel the booking in accordance with paragraph (a) of the Termination section below.

6.3. If a Client wishes to amend any booking details, changes should be advised to The Hotel at least 24 hours before the Client’s scheduled arrival date. The Hotel shall confirm with the Client in writing if such changes can be accommodated. Any variation of numbers, accommodation and food and beverage requirements specified for the Services or other changes or additions requested by the Client must be agreed by the Client and The Hotel in writing. Whilst every effort is made to fulfil any particular requests, these requests do not form part of the Contract and The Hotel does not guarantee that it will be able to meet any particular requests.

6.4. In the event that the Client’s details are incorrect on the Booking Confirmation, please advise the Hotel reservations team by email.

 

  1. LIABILITY OF THE HOTEL

7.1. If The Hotel fails to comply with these Terms, The Hotel is responsible to the Client for loss or damage suffered that is a foreseeable result of The Hotel failing to breach the Contract or failing to use reasonable care and skill, but The Hotel is not responsible for any loss or damage which is not foreseeable. Loss or damage is foreseeable if it is obvious or, at the time the Contract was made, The Hotel and the Client knew it may happen.

7.2. The Hotel does not exclude or limit its liability where it would be unlawful to do: this includes liability for death or personal injury caused by the negligence of The Hotel or its employees; for fraud or fraudulent misrepresentation; or for breach of a Client’s legal rights in relation to the Services.

7.3. Services are supplied for consumer and private use. The Client is a consumer if he/she is an individual and/or makes a booking wholly or mainly for the Client’s personal use. If Services are used for any commercial or business use, The Hotel has no liability for any loss of profit, loss of business, business interruption or loss of business opportunity.

7.4 The Hotel accepts no responsibility for theft or damage to belongings of The Client left in Rooms, Meeting Areas or public areas.

7.5 The Hotel accepts no responsibility for theft or damage to vehicles or belongings left in vehicles which are parked on the Hotel grounds.

 

  1. TERMINATION

8.1. The Hotel may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the Client if the Client commits any breach of these Terms, or if the Client becomes insolvent, goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors, or has a receiver or administrator appointed.

8.2. Client may terminate the Contract for the following reasons:

8.2.1. The Hotel has informed the Client about a material change to the Services which the Client does not agree to.

8.2.2. The Hotel has informed Client about a material error in the price or description of the Services and Client does not wish to proceed; or

8.2.3. Client has a legal right to end the Contract because of something The Hotel has done wrong.

8.3. If the Client wishes to terminate the Contract for any such reasons it must inform The Hotel, in which case, the Contract will end immediately, and the Client is entitled to a full refund of charges paid in respect of the Services.

 

  1. CLIENT RESPONSIBILITIES

9.1. Check-in and check-out times for accommodation in The Hotel. This information shall be made available to the Client over the course of the booking process and check-in time shall be confirmed in writing in the Booking Confirmation.

9.2. The Client is responsible for the behaviour of his, her or its guests at The Hotel and in particular for the orderly conduct of guests attending any function or staying in The Hotel or otherwise making use of the Services. The Client must ensure that no noise or nuisance is caused either for The Hotel or its other guests and customers. The Client must comply with any reasonable request of The Hotel and with any policies of The Hotel as may apply to the Services from time to time.

9.3. The Client (and his/her guests) are prohibited from engaging in any illegal activity within The Hotel premises and/or damaging The Hotel property and/or bringing dangerous or hazardous materials or equipment onto The Hotel premises.

9.4. Smoking is prohibited in all areas of the Hotel.

9.5. The Hotel may request Client photographic identification at the point of check-in, if requested the Client must provide valid identification to make use of the Services. Credit/debit card used at the time of the booking needs to be presented upon check-in. Please note that failure to do so will result in an alternative payment method being required. If requested by The Hotel, the Client must provide a form of payment at the point of check-in to cover any charges payable to The Hotel for the Services.

9.6. All visitors to guest accommodation must register on arrival and provide photographic identification.

 

  1. CCTV

10.1. In some public areas and some staff areas of The Hotel, CCTV is in operation and video recordings may be made. This activity is carried out for security and service reasons for the better management of The Hotel’s hotels and security for all its Clients and staff.

 

  1. PERSONAL INFORMATION

11.1 The Hotel will only use a Client’s personal information as set out in the privacy policy.

 

  1. GENERAL

12.1. If any exclusion or limitation contained in these terms is found, in whole or part, to be unlawful or for any other reason unenforceable, that exclusion, limitation or the part in question shall be deemed severable and omitted from these terms for that purpose. Such omission shall not affect the validity, effectiveness, or enforceability of the other provisions of these terms.

12.2. No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered a waiver of any subsequent breach of the same or any other provision.

12.3. English law shall apply to the Contract, and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

  • THIRD-PARTY SEXUAL HARASSMENT

Third-party sexual harassment occurs when one of our workforce is subjected to sexual harassment by someone who is not part of our workforce but who is encountered in connection with work. This includes our customers, suppliers, members of the public, clients, service users, friends and family of colleagues, members of gym, leisure, golf and spa facilities, delegates at a conference, audiences, and contractors.

Third-party sexual harassment of our workforce is unlawful and will not be tolerated. The law requires employers to take steps to prevent sexual harassment by third parties.

The law does not provide a mechanism for individuals to bring a claim of third-party harassment alone. However, failure of an employer to take reasonable steps to prevent third-party sexual harassment may result in legal liability in other types of claims.

To prevent third-party sexual harassment from occurring, we will:

Attach signage to the walls of the areas within the workplace where customers are present to warn that sexual harassment of our staff is not acceptable

Inform third parties i.e. suppliers and bookers of our zero-tolerance sexual harassment policy within our supplier documentation

Inform customers by communication on websites and booking engines of our zero-tolerance policy on sexual harassment.

If you have been subjected to third-party sexual harassment, you are encouraged to report this as soon as possible to the Hotel General Manager. Alternatively, you can report instances of third-party sexual harassment by emailing talk@countrywidehotels.co.uk This online means of reporting sexual harassment is continually monitored.

Should a customer sexually harass a member of our workforce, we will take measures to show our zero tolerance towards such behaviour which could include warning the client or customer about their behaviour, banning the customer, and sharing information relating to the incident with our other hotels and booking agents. Any criminal acts will be reported to the police.

We will not tolerate sexual harassment by any member of our workforce against a third party. Instances of sexual harassment of this kind may lead to disciplinary action including termination of employment.