1. Your agreement to these Booking terms.

Before you make your booking with Yorkshire Prosperity Limited (“YPP”), you agree to the following Booking terms. By accessing and using these Booking terms you agree that you have read and understood them and that that you agree to be bound by them. You are required to sign these Booking terms. If you do not agree with these Booking terms, you should leave our website immediately.

 

2. What is the Booking System and how does it work?

2.1 This Booking System is an online external platform called Bunk. Bunk handles all aspects of your booking including payment.

2.2 The Booking process has eleven steps to follow: –

2.2.1 Go to the apartment page to view available apartments;

2.2.2 You are then directed to a booking page which is hosted by Bunk;

2.2.3 All information about the apartment will be presented to you including the price;

2.2.4 Payment plans will then be presented to you;

2.2.5 You will then be prompted to create an account with Bunk before you can make a booking. Details of the information required from you can be found under paragraph 3 below;

2.2.6 You will then be required to provide personal data and will have 8 minutes to do so;

2.2.7 The next step will prompt you to add details of any roommates that will be part of the tenancy if relevant;

2.2.8 The next step will prompt you to sign these Booking terms;

2.2.9 You will then be prompted to confirm your booking by making payment of the Holding deposit; 

2.2.10 An invoice will then be displayed;

2.2.11 Once payment has been processed your booking will then be completed.

 

3. You agree to provide accurate and true information to us

3.1 During steps 2.2.5 and 2.2.6, you will be asked to provide personal details and you agree to provide true, accurate, current and complete data. If such personal data changes at any time you agree to update your account as necessary. 

3.2 Some of the personal data that you provide will be held and processed in accordance with our Privacy policy which can be found here.

3.3 You agree that it is your responsibility to keep your account safe at all times and all your personal data and other data confidential. 

3.4 At any time, you  will be able to change your username and password that you selected during the Booking process. 

3.5 You agree to be responsible for maintaining the confidentiality of your account and to restrict access to your computer only yourself.

3.6 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

 

4. We only accept your booking when we have checked it

Once you have completed the process outlined above, we shall check the data that you have provided. Once our checks have been completed, we will contact you again (normally within 15 calendar days), to confirm we’ve accepted your booking and provide you with our Holding Deposit Form which can be found here.

 

5. Sometimes we decline a booking

Sometimes we decline a booking, for example, because of insufficient references, because incorrect information was provided by you, because you have failed our affordability check, because of inaccuracies within the advertisement or because you have failed to take all reasonable steps to enter into an agreement by the expiry of the Holding Deposit Period. When this happens, we let you know as soon as possible and refund any sums you have paid.

 

6. Price and payment

6.1 The price payable for our accommodation is clearly set out on the apartment page of our website.

6.2 If, by mistake, we have under-priced the apartment that you have reserved, we will not be liable to provide it to you at the stated price.

We charge you when you make a booking

6.3 During the booking process, a Holding deposit to reserve the room will be required and an invoice will be generated to enable you to make payment. The Holding deposit will be taken and retained in accordance with our Holding Deposit form which can be found here.

6.4 Payment is taken and processed by a third-party organisation called Xero. You can make payment via “Go Cardless” or by direct debit. You can also pay through Stripe, Revolut Business, bank transfer or cash. Following this, you will be presented with payment plan options and payment will vary depending on which plan you select. 

6.5 Once you have chosen a plan, an invoice will then be generated for the balance of the fees due to be paid in accordance with the terms of your chosen plan. Payment will be taken and processed.

6.6 We may change our invoicing procedures and use alternative third-party organisations at any time and at our sole discretion. You consent to any and all such changes to our payment and invoicing procedures.

We pass on increases in VAT

6.8 If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

7. Cancellation and Refunds for any services not provided

Cancellation and refunds are explained in our Cancellation policy which can be found here. You can contact us after all works have been completed to discuss any potential compensation awarded for any services you might have paid in advance but not received less reasonable costs we have already incurred.

 

8. We’re not responsible for delays outside our control

If our supply of our services is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us to end the agreement and receive a refund for any services you have paid for in advance, but not received, less reasonable costs we have already incurred.

 

9. How we handle your personal data

How we use any personal data you give us is set out in our privacy policy which can be found here.

 

10. You have several options for resolving disputes with us

We will do our best to resolve any problems that you have with us or our services as per our Complaints Procedure found at [email protected] or by contacting our Customer Service Team on 01132 444666.

Resolving disputes without going to court. 

We are members of the Property Redress Scheme (“PRS”).  The PRS is a consumer redress scheme authorised by the Department for Communities and Local Government (“DCLG”) and by the National Trading Standards Estate Agency Team to offer redress to consumers of Lettings, Property Management and Estate Agents. PRS considers the facts of a dispute and seeks to resolve it, without you having to go to court. Details of the PRS can be found here. If you are not satisfied with the outcome you can still go to court. 

You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with this Agreement with you to the exclusive jurisdiction of the English courts.

 

11. Other important terms apply to this Agreement

11.1 You cannot transfer your contract with us to someone else. After we have accepted your booking, a tenancy takeover process is available to seek a suitable replacement resident. There two options open to you to do this, either you can find your own suitable replacement resident, or we can find a suitable replacement for you. There is a reasonable charge for either option and details can be found here. When the tenancy is taken over, your existing contract will be ended and a new contract will be started with the new resident.

11.2 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply. 

11.3 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

11.4 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later. 

11.5 Any important communication from us by email is contractually binding. You agree that these email communications are contractually binding in the same way as a properly signed and dated paper sent by post. The most recent email communication would be the communication that is binding.

 

12. Notices

12.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be:

12.1.1 delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

12.1.2 sent by email to the following addresses (or an address substituted in writing by the party to be served):

Supplier: [ADDRESS]

Customer: [ADDRESS]

12.2 Any notice shall be deemed to have been received:

12.2.1 if delivered by hand, at the time the notice is left at the proper address;

12.2.2 if sent by pre-paid first-class post or other next working day delivery service, at [9.00 am] on the second Business Day after posting; or

12.2.3 if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume.

12.3 This paragraph does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

 

13. No rights to third parties

This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999.

 

14. Governing law

The Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

 

15. Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.

 

Last updated: 10th January 2024.