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The following terms and conditions will apply to clients entered into an agreement between R and P Fearn Properties (trading as Aberdeen Serviced Apartments) regarding the occupation of apartments at The Lodge, 69 Hilton Place. Definitions of terms used in this agreement are contained in Clause.

Clients can Access the property from 2pm on the day of arrival. Clients must vacate the property, no later than 11am on the Termination Date, the client will (1) vacate the Property (2) return the keys to the Property to the Owner or its agents and (3) leave the Property in accordance with the clients obligations in terms of the Agreement.

The Owner will either retain the Deposit or deduct the Deposit from the credit card (whichever is applicable) and will be entitled to apply the Deposit against sums due by the client for arrears, the cost of telephone calls, any damage to the Property or the Furniture, any additional cleaning charges, or any breach of the terms of the Agreement. In the event that the total sum due by the client exceeds the amount of the Deposit, then the excess will be paid by the client within seven days of receiving intimation of the excess. Subject to the foregoing, the Deposit will be repaid to the Tenant or credited to the Credit Card within 7 days after the Termination Date.

In the event that the client cancels or terminates the Agreement more than 14 days prior to the Date of Entry, the client will be liable to pay 50% of the Fee due for the Term. In the event that the client cancels or terminates the Agreement less than 14 days prior to the Date of Entry, the Client will be liable to pay 100% of the Fee for the Term.

The Furniture will not be removed from the Property and will be left at the Termination Date.

The Owner will be responsible for the costs of the Consumer Services during the Term. The Consumer Services will remain in the name of the Owner. The Owner shall be responsible for payment of the Council Tax levied on the Property.

The client will be responsible for the cost of all telephone calls made during the Period, which will be charged to the Credit Card where applicable. The Owner will be responsible for the cost of line rental. The telephone number for the telephone in the Property shall remain with the Property and the client shall have no proprietary rights in the telephone number.

The Owner shall insure the Property and the Furniture but shall have no liability for the property of the client. The client shall be responsible for insuring the clients personal belongings.

The Property will be used by the client as a residence for (in the case of an individual) the client and the clients family or (in the case of a company or business) the company employees or contractors. The maximum number of occupants in the Property shall not exceed the Maximum Number. Assigning or sub-letting the Property or any part thereof is prohibited. Paying guests and boarders are prohibited. Parties or gatherings of over six people in the Property are prohibited. No dogs or other animals are to be kept in the Property except with the Owner’s prior written consent. Smoking within the Property or in the remainder of the building is prohibited.

If the Client or any person or persons for whom the client may be responsible commits any form of harassment (whether verbal or physical) or conducts themselves in such a manner as to cause nuisance or distress to the Neighbours or as may be detrimental to the amenity of the Property or of Neighbouring Properties (as to which the Owner's decision shall be final) then such conduct will be held to be a material breach of the agreement and the agreement shall forfeit all rights under the Agreement and the Owner will be entitled to (One) require the client and any person or persons for whom he may be responsible to vacate the Property immediately and (Two) terminate the Agreement.

The client accepts the Property and the Furniture at the Date of Entry as fit for purpose and in a good state of repair and decoration. The client will be liable for damage to the Property and for the replacement or repair of any article of Furniture broken or damaged during the Period, ordinary wear and tear excepted. The Client will be liable for all repairs to the Property during the Term occasioned by the misuse, neglect or negligence of the Client or anyone in the Property with the authority (whether express or implied) of the Client. The Client shall be liable for any expense which the Owner may incur in connection with any blockage or obstruction of drains which is due to the Client's misuse of the drains. The Client will replace any broken windows, glass or mirrors in the Property and will reimburse the Owner for any excessive deterioration in the decoration of the Property. The Client will not drive any nails into the walls or interfere in any way with the decoration or fixtures of the Property. The Client will keep the Property in a clean and tidy condition and will leave the Property in such condition at the Termination Date, and will be responsible for any additional cleaning charges incurred by the Owners. The Owner will maintain the Property in a wind and watertight condition and will be responsible for paying any factoring or management fee levied in respect of the Property. The Client will give notice to the Owner of any repairs required to the Property within 24 hours of becoming aware of such repairs. On receipt of such notice the Owner will investigate and, if necessary, carry out any repairs which are the Owner’s responsibility in terms of the agreement as soon as practicable thereafter. Any sums payable by the Client in terms of this clause will be recoverable in terms of Clause 2.

The Owner will be entitled at any time on giving reasonable notice of not less than 24 hours (except in the case of emergency) to the Client to have the Property inspected in order to confirm that the conditions of the agreement are being observed and that the Property and the Furniture are being properly kept and maintained.

The Client shall reimburse to the Owner all costs incurred by the Owner in enforcing any of the Owner’s rights under the Agreement (including recovery of arrears of License Fee) in the event of default by the Client. If the Client fails to pay the Agreement Fee then the Client shall pay interest on the Agreement Fee at a rate 4% above the base lending rate of the Royal Bank of Scotland plc to the Owner from the date when it was due until paid. If at any time any installment of the Agreement Fee is unpaid for more than seven days this will be held to be a material breach of the License and the Client shall forfeit all rights under the Agreement and the Owner will be entitled to (One) require the Client and any person or persons for whom he may be responsible to vacate the Property immediately and (Two) terminate the Agreement.

Without prejudice to any other remedies available to the Owner, in the event that the Client does not vacate the Property and return the keys by 11am on the Termination Date then the Owner shall be entitled to charge a Agreement Fee for an additional day.

The Owner and the Client agree and acknowledge that the agreement does not constitute a lease, and that the Client shall not be entitled to any security of tenure beyond the Term.

In these terms and conditions the following words shall have the following meanings;

"Consumer Services" means all consumer services relating to the Property including electricity, gas, television and internet services but excluding telephone services

"Credit Card" means the credit card (if any) provided by the Client at the time the License Agreement was entered into or such other credit card as may be acceptable to the Owner.

"Furniture" means the furniture and furnishings in the Property

"Interest" means 4% per annum above the base rate of the Royal Bank of Scotland plc or its successors

"Agreement" means the agreement (and any extension there of) entered into between the Owner and the Client incorporating these terms and conditions
"Client" means the Client specified in the Agreement

"Agreement Fee" means the Agreement Fee specified in the Agreement

"Maximum Number" means the maximum number of occupants specified in the Agreement

"Neighbouring Properties" means properties in the vicinity of the Property

"Neighbours" means the proprietors or occupiers of Neighbouring Properties

"Owner" means R and P Fearn properties

"Property" means the Property specified in the Agreement

"Term" means the period from the Date of Entry until the Termination Date

"Termination Date" means the Termination Date specified in the Agreement



Alternatively, you can contact Richard on any of the following:

The Lodge
69 Hilton Place
Aberdeen, AB24 4QY

7-12 Bloomfield Court
Aberdeen, AB10 6DS

Tel +44 (0)1224 489070


The Lodge, 69 Hilton Place, Aberdeen  |  1-12 Bloomfield Court, Hardgate, Aberdeen
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