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Terms and conditions of Tivoli Gardens apartment rental

Definitions

Words and expressions used in these Terms & Conditions have the following meanings:

• "Agreement" means the Accommodation Agreement summarised by the content of the web pages offering the Services and these Terms & Conditions in respect of the Services as booked by the Customer.
• "Price List" means Tivoli Gardens Apartment Rental tariff published on the www which is periodically updated.
• "Services" means those Services offered by Tivoli Gardens Apartment Rental and taken by the Customer at Tivoli Gardens  and other services as may be made available to the Customer.
• "Customer" means the Party named in the Agreement and/or whose credit or debit card is used to make payment.

AGREEMENT

1. Tivoli Gardens Apartment Rental  will only be bound by an Agreement when the full Apartment Rental cost has been paid.
2. The Apartment Rental period commences from 14.00 on the first day to 11.00 on the final day of Accommodation Reservation. Times are Philippines local.
3. The Customer may cancel the Apartment Rental Agreement, not less than 30 days prior to commencement of the Apartment Rental Start Date whereupon a refund will be made subject to a 10% cancellation charge with a minimum charge of US$30. Any cancellation at less than 30 days prior to commencement of the Apartment Rental Start Date will be subject to a refund minus 50% cancellation charge with a minimum charge of US$60. Cancellations at less than 14 days prior to commencement of the Apartment Rental Start Date will be charged at 100% of the Charges for the Services ordered unless the Accommodation so reserved is re-let whereupon the Cancellation Charge will be 50% with a minimum charge of US$75.
4. The dates of the Apartment Rental period may be changed, but not less than 7 days before commencement as detailed in the Agreement; other than in accordance with paragraph 3 above.
5. The period of Apartment Rental can be reduced but will be judged a Cancellation and subject to paragraph 3 above.

PROVISION OF SERVICES

6. All reasonable efforts will be made to ensure the Services availability at all times. However the quality and availability of the Services may be affected by factors outside control, such as fire, flood, land heave and subsidence, physical obstructions, atmospheric conditions, Acts of God, industrial Action, default or failure of a third party, or governmental action.
7. The Services are made available on the basis that:
   
   they are not used in any manner which will or may constitute a criminal act or a violation or infringement of the rights of any person firm or company or a violation or infringement of any statutory duty or obligation in contract to or otherwise to any third party or in any way which will or may injure or damage any persons or property or cause the quality of the Services to be impaired they are not used for any illegal or immoral act(s) or that may prevent the quiet and lawful enjoyment of Tivoli Gardens by other persons the Customer will take reasonable care to ensure that any key(s)supplied to him or her is kept secure and is not made available to third parties.

COST

8. The Charges are shown in the price list.
9. The Customer agrees to pay in full, to be debited from the credit or debit card used for the Accommodation Reservation, the following charges as applicable:
• Lost Keys – US$15 per key
• Damage and losses – at current replacement cost

 WHEN THE AGREEMENT ENDS

10. Tivoli Gardens Apartment Rental (UK) may terminate this Agreement in whole or in part immediately by notice in writing , (despatched by letter, fax or e-mail), if:
    
    The Customer is in breach of any of the Terms & Conditions of this Agreement.
    Following termination the Customer's right to use the Services ceases immediately.

GENERAL

11. The Customer may not assign or try to assign any or all of the rights and responsibilities under this Agreement.
12. Tivoli Gardens Apartment Rental cannot be held responsible for any false or misleading information given by its Agents or other representatives.
13. Any waiver, concession or extra time allowed is limited to the specific circumstances in which it was given. It does not affect Tivoli Gardens Apartment Rental 's rights under this Agreement in any other way.
14. The Apartment Rental under the Terms & Conditions shall be governed, construed and shall take affect in accordance with the laws of the Republic of the Philippines. It shall be subject to the jurisdiction of the Republic of the Philippines Courts.
15. Where the context admits:
    
    Payments to be ascertained by reference to the Price List are the amounts specified and recommended by Tivoli Gardens Apartment Rental in force on the date such payments become due.
    
    References to legislation include amended legislation and instruments thereunder.
    
    

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