Definitions And Interpretation#

Definitions In these terms and conditions, the words and expressions shown in bold print have the meaning given next to them:

“Accommodation” means a bedspace or study bedroom in the Building, of the type specified in the Offer, to be allocated to the Occupier by the College at the start of the Contract Period and any other bedspace or study bedroom that the College may allow the Occupier to occupy from time to time.

“Accommodation Fees” means the fees payable by the Occupier to the College in exchange for permission to occupy the Accommodation which are as follows:

(a) for each night in the period between the start of the Contract Period and the Review Date, fees at the nightly rate specified in the Offer; and

(b) for each night in the period from and including the Review Date to the end of the Contract Period, fees at the nightly rate as reviewed in accordance with clause 3.1.4 of these terms and conditions.

VAT will be added to Accommodation Fees at the applicable rate.

“Applicable Terms” means these terms and conditions and any other applicable terms referred to in the Offer. The Offer and the Occupier’s contract incorporate all the Applicable Terms.

“Building” means the building specified in the Offer where the Accommodation is situated, and any other College building which the Occupier lives in during the Contract Period, and includes any grounds belonging to such building.

“College” means Goodenough College, Mecklenburgh Square, London WC1N 2AB. Where the context permits, “College” includes all buildings belonging to the College and not just the building referred to in the Offer.

“Contract Period” means the period specified in the Offer, during which the Occupier shall be entitled to occupy the Accommodation.

“Contents” means fixtures, fittings, furniture, equipment, keys, passes and other items belonging to the College. The College will provide the Occupier with a list of Contents for the Occupier’s use at the beginning of the Period of Stay. A list of typical contents is included with the Offer.

“Deposit” means the deposit (bond) referred to in the Offer. The College is not part of a Tenancy Deposit Protection Scheme and will be solely responsible for the collection and safe return of the deposit.

“Insured Risks” means the risks of fire and such other risks as the College may decide to insure against. A copy of the College’s insurance policy is available from the College on request.

“Interest” means interest at the rate of 3% above the Base of England base rate per annum on any sum which has not been paid by the due date, calculated on a daily basis from the due date for payment until actual payment.

“Offer” means the offer of Accommodation made to the Occupier by the College and accepted by the Occupier.

“Payment Dates” the first day of each calendar month.

“Occupier” means the person named as such in the Offer.

“Review Date” means 1 September or, if later, 30 days after the College notifies the Occupier in Writing that the nightly rate of Accommodation Fees will increase.

“Shared Areas” means those parts of the Building that are designated for the shared use of the occupiers (for example kitchens, common rooms, laundry rooms, bin stores, corridors, staircases, landings and outdoor areas).

“Written” and “Writing” include communications by e-mail to the intended recipient’s last-known e-mail address.

1.2 Interpretation 1.2.1 In these terms and conditions, unless the context requires otherwise, any reference to: (b) a clause is to a clause of these terms and conditions; (c) a statute or statutory provision includes any consolidation, reenactment, modification or replacement of the same, and statute or statutory provision of which it is a consolidation, re-enactment or replacement and any subordinate legislation in force under any of the same from time to time; (d) the masculine, feminine or neuter gender includes the other genders, references to the singular include the plural, and vice versa, and references to persons include organisations; (e) the Building includes any part of that Building (including the Accommodation) or any part of the Accommodation. 1.2.2 The words and expressions defined in these terms and conditions shall have the same meanings where they occur in any Applicable Terms. 1.2.3 An obligation on the Occupier not to do an act or thing includes an obligation not to permit that act or thing being done and an obligation to ensure that the Occupier’s invited visitors do not do that act or thing. 1.2.4 Where these terms and conditions give a list of examples, the list is given as an illustration and is not an exhaustive list. Words such as “includes” or “including” do not limit the meaning of a clause. 1.2.5 All sums in the Offer and in these terms and conditions are shown exclusive of any applicable VAT. Where there is a change to the rate of VAT, the College will inform the Occupier and provide the Occupier with details of the Accommodation Fees payable with effect from the change. The Occupier must pay the College VAT at the applicable rate on all VATable supplies that the College makes to the Occupier at the same time as payment for the supply is due. 1.2.6 “Damages” is a technical word for the compensation that can be claimed for breach of contract. Broadly speaking, the amount that can be claimed as damages is the loss or expense that arises naturally from the breach of contract, calculated on a fair and reasonable basis and having regard to the parties’ expectations when they entered into the contract. 1.2.7 A “day” is a calendar day, and includes weekends and bank holidays. A “working day” does not include weekends, bank holidays or customary holidays. 1.2.8 If a court judges any part of the Applicable Terms to be void or for any other reason unenforceable then those parts shall be deemed to be deleted and shall not apply to the Occupier’s contract but the remaining parts of the Applicable Terms shall continue to apply. 1.2.9 Any rights or powers reserved to the College in these terms and conditions may be exercised by any person authorised by the College. 1.2.10 The Occupier is responsible for the conduct of those the College has permitted them to share the accommodation with. The Occupier should ensure they are aware of these terms and conditions and behave accordingly.