Terms and conditions

Booking Terms and Conditions
1 July 2015 – 31 Dec 2015

These Terms and Conditions apply to relationship between Flying Butler Apartments Limited, trading as Flying Butler Apartments, which has its registered office at The Kensington Centre, 66 Hammersmith Road, London W14 8UD (hereinafter referred to as the “Operator”) and the Booking Agency placing accepted business with the Operator (hereinafter referred to as the “Booker”) for the hire of serviced apartment accommodation (hereinafter referred to as the “Apartment(s)”) to clients of the Booker (hereinafter referred to as “Guest(s)”).

When the Booker places a reservation enquiry or confirmed reservation with the Operator, the Booker is deemed to have accepted the following Terms & Conditions and/or additional Special Terms as agreed and confirmed at the time of booking. Any Special Terms agreed outside of these standard Terms & Conditions in writing will supersede those referenced below.
IT IS AGREED AS FOLLOWS:

1. THE ACCOMMODATION
1.1. The Operator shall provide and the Client shall hire the Apartment(s)for the Hire Period, at the Agreed Price and upon the terms of this Agreement as agreed on a booking by booking basis along with any additional Special Terms and conditions as confirmed at the time in writing by the Operator to the Booker.
1.2. The Operator shall additionally provide:
1. routine maintenance services as are required to keep the Apartment in good and working condition;
2. weekly cleaning service and weekly supply of clean linen/towels, as specified in the Booking; and
3. furniture and appliances as applicable to the Apartment
1.3. The Operator shall give the Booker or its nominated Guest the right to use the Apartment for the Hire Period for the intended Guest(s) as confirmed by the Booker at the time of booking. This right shall expire at the end of the Hire Period (subject to any earlier termination in accordance with this Agreement) or at the expiry of any period of extension of the Hire Period.
1.4. The Booker acknowledges that bookings entered into as a result of this Agreement do not give rise to an assured shorthold tenancy or lease and is an excluded agreement within the meaning of s.3A(7)(a) of the Protection from Eviction Act 1977.
1.5. For all locations offered by the Operator, the rate quoted includes Broadband WiFi; all applicable utilities; weekly cleaning service; welcome pack of essential groceries and toiletries on arrival; guest Services available 24/7
1.6. The Operator offers a range of support services upon request which may incur additional charges to the Guest/Booker.
2. RATES
2.1. Rates for Apartments as offered the Operator to the Booker are supplied in Appendix 1 known as “Flying Butler Published Rates”. These rates will be updated from time to time and the Operator will forward updated rates to the Booker.
2.2. All rates quoted in Appendix 1 and in enquiry or confirmation communication from the Booker are done so excluding VAT at the applicable rate.
2.3. Promotional rates may be offered by the Booker from time to time, which may incur Special Terms associated with them. Where Special Terms are offered alongside promotional rates, these will supersede applicable terms covered within this document.
2.4. The Apartment’s daily rental rate is determined by reference to the Agreed Price and the Booking Confirmation sent by the Operator.
3. BOOKING
3.1. The Booker must provide the Operator with sufficient information to conclude a Booking.
3.2. The Operator reserves the right to reject any Booking.
3.3. Any special requests relating to the hire of the Apartment should be notified prior to booking. The Operator will use reasonable endeavours to accommodate any special requests and such requests may incur Additional Charges.
3.4. Bookings for groups or peak periods may be subject to additional terms and conditions and will be confirmed at the time of enquiry.
3.5. The Operator reserves the right to instigate additional/amended terms for any booking, which shall supersede those referenced herein. Any such Special Terms will be confirmed in writing by the Operator to the Booker.
4. PAYMENT
4.1. Payment of the full Agreed Price is due no less than 14 days’ prior to the Arrival Date, unless otherwise agreed. Where no payment is received, the Operator reserves the right to cancel the booking without further notice to the Booker. Re-booking after such cancellation/non-payment may result in the booking being subject to new terms and conditions.
4.2. Where agreed, bookings of 60 days or more may be invoiced in portions of 30 days or part thereof as applicable to the booking duration. In such cases the first 30 days will be invoiced at the point of booking and payment of this first period shall be due in accordance with clause 4.1 above.
4.3. Where credit facilities have been agreed, payment of invoices shall be due within 30 days of date of invoice.
4.4. Should the Booker default on any payment agreed, the Operator may terminate this Agreement immediately upon notice to the Booker.
4.5. Where the Booker pays via credit or debit card or via international bank transfer, a surcharge will be added to the Agreed Price which the Booker will be responsible for paying. The amount of the surcharge will be specified in the Booking. The Operator may also accept payments via bank transfer.
4.6. For bank transfer payments, the Booker will cover any transfer charges levied by the sending or receiving bank to ensure the rent due is received by the Booker in full. The Booker reserves the right to charge and administration fee of £25+VAT to recoup any shortage of funds due to an under-transfer being made by the Booker.
4.7. Unless otherwise agreed in writing, for every full or part day the Apartment has not been returned beyond the agreed date of return, the Operator may charge a full day’s hire at current hire rates for each part or full day the Apartment is not returned. Payment of any such charge shall be made upon demand and the Booker authorises the Operator to take such further charges from any credit or debit card used to make the Booking or the Booker will pay by another means.
4.8. The Booker shall not have any right of set-off against, deduction, counterclaim or withholding of any amount payable by the Booker under this Agreement.
4.9. The Booker shall pay on demand default interest charges (both before and after any judgment) on any sum payable by the Booker to the Operator under this Agreement and not received by the due date at the annual rate of 5 per cent above the Bank of England base rate in force at the time calculated on a daily basis and compounded on a monthly basis from the due date for payment until payment is received by the Operator in cleared funds.
5. CANCELLATION PRIOR TO ARRIVAL
5.1. Any Booking cancellations must be notified by the Booker to the Operator by email.

5.2. Where the Booker gives notice of cancellation at least 14 days’ prior to the commencement of the Hire Period, no cancellation charge shall apply.
5.3. Where the Booker gives less than 14 days’ notice of cancellation, the Operator may charge a cancellation fee equivalent to the Agreed Price or 14 days rental, whichever is the lower.
5.4. Where the nominated Guest fails to arrive to the Apartment as agreed the Operator can charge a cancellation fee in line with Clause 5.
5.5. Rebooking of an Apartment following cancellation is subject to availability and any waitlist. The rate previously offered is not guaranteed.

6. REDUCTION IN DURATION AFTER ARRIVAL
6.1. Any reduction of Booking duration must be notified by the Booker to the Operator by email.
6.2. Bookings originally confirmed at 28 days duration or less may be amended with 14 days notice. Where the Booker gives less than 14 days’ notice of duration reduction, the Operator may charge and the Booker/Guest will be liable for a minimum cancellation fee equivalent to the Agreed Price or 14 days rental, whichever is the lower.
6.3. Bookings originally confirmed at more than 28 days duration may be amended with 28 days notice. Where the Booker gives less than 28 days’ notice of duration reduction, the Operator may charge and the Booker/Guest will be liable for a minimum cancellation fee equivalent to the Agreed Price or 28 days rental, whichever is the lower.
6.4. For any reduction of a booking that takes the booking into a higher rate tier due to the shorter duration, the nightly rate for the consumed period will be adjusted to reflect the higher rate and will payment shall be due immediately.
6.5. Rebooking of an Apartment following cancellation is subject to availability and any waitlist. The rate previously offered is not guaranteed.

7. ARRIVAL AND DEPARTURE
7.1. Guests may check-in from 4pm onwards on the first day of the Hire Period, unless otherwise agreed with the Operator.
7.2. Guests must check-out by 10am on the last day of the Hire Period. Failure to do so may result in Additional Charges.
7.3. Earlier check-in or later check-out is subject to availability and may incur Additional Charges.
7.4. The Operator will provide the Booker and/or Guest with specific instructions relating to check-in (including key collection) prior to the commencement of the Hire Period for the Meet & Greet service; and check-out instructions (including key return) upon the Guest’s arrival at the Apartment or during their stay, as appropriate to the booking.
7.5. It is the responsibility of the Booker to provide the Operator with arrival details at least 14 working days ahead of the scheduled arrival date, in order to facilitate a Meet & Greet service. The Operator cannot be held responsible for any delays to the Guest gaining access to the reserved Apartment if arrival details have not been provided.
7.6. The Meet & Greet service is provided free of charge for arrivals scheduled between 8am and 10pm. For arrivals pre-scheduled outside of these hours the Operator will charge £50+VAT. This fee is waived if the Guest’s arrival airport transfer is booked via the Operator.
7.7. A self-service check-in can be arranged for arrivals between 10pm and 8am or if the Booker/Guest is unsure of an arrival time. Key arrangements or a lock code will be given to allow access.
7.8. The Booker is requested to ensure that its Guest inspects the Apartment immediately upon arrival, either with or without a representative of the Operator. Unless the Operator receives notification otherwise within 24 hours of arrival, the Operator will be entitled to assume that the Booker and Guest have fully accepted that the condition of the Apartment is as expected and booked and suitable for the purpose of the intended booking and the Booker and/or the Guest will waive any right to claim otherwise.
7.9. A registration form will be required to be completed by the Guest on arrival. This will be presented at the Meet & Greet service by the Operator where scheduled, or left in the apartment for completion by the Guest within 24 hours of arrival.
8. THE BOOKER’S OBLIGATIONS
8.1. The Booker shall throughout the Hire Period ensure that it and its Guests (as appropriate):
1. use the Apartment as private residential accommodation only;
2. ensure that the number of persons using the Apartment does not exceed the maximum number of people allowed as notified by the Operator upon Booking and based upon the number of bed places in the Apartment;
3. keep the Apartment at all times in good repair, condition and in a clean and tidy state;
4. not repair/attempt to repair/carry out work to the Apartment or allow a third party to do so unless instructed by the Operator in writing;
5. notify the Operator immediately upon causing or becoming aware of any damage to the Apartment or its contents;
6. not allow any pets or animals to enter the Apartment unless otherwise agreed in writing with the Operator;
7. not smoke in the Apartment and common areas;
8. not cause (or invite anyone into the Apartment who causes) a nuisance or disruption to occupiers of nearby premises;
9. not behave in an abusive or threatening manner toward our staff;
10. not remove any Furniture and Appliances or other items from the Apartment without prior consent of the Operator;
11. return the Apartment to the Operator at the end of the Hire Period or upon the earlier termination of this Agreement in accordance with the terms of this Agreement and in good repair, condition and in a clean and tidy state; and
12. indemnify and keep the Operator indemnified on demand for all claims, liabilities, losses, costs and expenses (including legal fees) incurred or suffered by the Operator (except any incurred as a result of our default) in connection with this Agreement or in connection with any use or misuse of the Apartment, except for personal injury or death caused by our negligence
8.2. The Booker and its Guests agree to give the Operator or its authorised representatives’ permission at all reasonable times to enter the Apartment to inspect the condition of the Apartment.
8.3. If the Booker defaults in any of the Booker obligations under this Agreement, The Operator may terminate this Agreement immediately upon notice to the Booker.
8.4. The Booker agrees that in the case of death, disease or bodily injury to Guests or loss or damage to Guests’ property where it is possible the Operator may have any liability, it is a requirement of the Operator’s insurers that it has control over any negotiations which take place affecting such liability of the Operator.
8.5. The Booker agrees that it has read and accepted the Operator’s House Rules and these Terms & Conditions and that it has passed/will pass such information on to its clients for bookings with the Operator. When the Booker places a reservation enquiry or confirmed reservation with the Operator it is deemed to have accepted the corresponding Terms & Conditions as applicable to the booking.
8.6. In relation to any personal information provided or made available to the Booker by the Operator, the Booker shall:
1. process such information only in accordance with the Operator’s authorised instructions;
2. take appropriate technical and organisational measures against unauthorised processing of such information and against accidental loss or destruction of or damage to such information; and
3. on request allow the Operator to audit Booker’s compliance with this clause.
8.7. The Booker will assist in the communication and arrangements for the Arrival of the Guest as detailed in Clause 7.5 above.
9. SECURITY DEPOSIT & DAMAGES
9.1. Risk of damage to the Apartment and Furniture and Appliances will pass to the Guest on arrival and shall remain with the Guest until the Hire Period has expired or the Apartment is returned to the Operator in accordance with the terms of this Agreement. The Booker and/or the Guest shall make good to the Operator all loss or damage whatsoever of or to the Apartment occurring during or arising from the Hire

Period and all reasonable loss of rental resulting from such loss or damage. However the Booker and/or Guest shall not be liable for loss or damage deemed to have been caused by fair wear and tear.
9.2. A security deposit to cover the Booker/Guest obligations may be taken at or prior to arrival. This may be in the form of a payment or an authorisation to deduct payment from a debit/credit card. Any security deposit paid will be returned in full (or payment authorisation cancelled) upon the Apartment being returned to the Operator in accordance with the terms of this Agreement. Where the Booker is liable for loss or damage the Operator may withhold some or all of the deposit to cover loss and damage and administration fees associated with repairing the Apartment (refer to Additional Charges for details of such administration fees).
9.3. The Operator will make regular checks of the Apartment during the booking and if any damage beyond wear and tear is observed, the Guest and/or Booker will be contacted with the details of the damage and the Guest may be held liable for the costs of repair/replacement.

10. ADDITIONAL CHARGES
10.1. Additional Charges which may be payable include those items specified in the Booking.
10.2. In the case of Additional Charges becoming payable, the Booker hereby authorises the Operator to take all additional payments from the credit or debit card used to make the Booking. If no credit or debit card was used in the Booking the Booker must pay Additional Charges by another acceptable means.

11. EXTENSIONS AND CHANGES
11.1. Should the Booker wish to extend the Hire Period a request must be submitted to the Operator and the Operator may at its discretion and subject to availability, grant such request. Extension is not guaranteed and is subject to availability and payment by the Booker.
11.2. In the case of an extension under clause 11.1, the Booker authorises the Operator to take all additional payments from the credit or debit card used to make the Booking. If no credit or debit card was used in the Booking the Booker must pay by another acceptable means.
11.3. Payment of any agreed extension will be due on or before the commencement of the new extended period.
11.4. Extensions to existing bookings are done so at the rate already secured unless extending by the minimum required period to qualify for the next rate duration tier.
11.5. Where the apartment specified in the Booking becomes unavailable prior to the commencement of the Hire Period, The Operator reserves the right to relocate the Guest to an apartment of similar type and standard in a similar location. Where such alternative apartment is priced lower than the apartment specified in the Booking, the Agreed Price shall be reduced accordingly. Where such alternative apartment is priced higher, the Agreed Price shall remain the same.
11.6. In rare circumstances where the Operator has been served notice to vacate a building or apartment by its Landlord, the Operator will provide the Booker and Guest a minimum of 30 days notice and offer to move the Guest to an alternative location at the same rate or offer a refund for the vacated period.

12. INSURANCE AND LIABILITY
12.1. The Operator shall have no liability whatsoever (whether for breach of contract, tort (including but not limited to negligence) or breach of statutory duty) for any loss of profit, loss of or damage to goodwill, increased costs, loss of anticipated savings, loss of business, loss of reputation, theft of, loss of or damage to the Booker or Guest’s property and any special, indirect or consequential losses or damages, and in any event, our total aggregate liability for all losses or damages suffered or incurred by the Booker or Guest (whether arising through breach of contract, tort (including but not limited to negligence) or any breach of statutory duty) shall not exceed the aggregate Agreed Price paid by the Booker.
12.2. The Booker shall be solely responsible for and hold the Operator fully indemnified against all claims, demands, liabilities, losses, damages, proceedings, costs and expenses suffered or incurred by the Operator as a result of any breach or default on the part of the Booker, the Booker’s employees or agents in the discharge of the Booker’s obligations under this Agreement.
12.3. The Booker will have selected the Apartment as being fit and suitable for the Guest’s needs. The Operator makes no warranty or representation as to the suitability or fitness for purpose of the Apartment and excludes all liability in this regard. The Booker further acknowledges that although content on a website or other marketing material produced by the Operator, including any photographs, drawings or plans of the Apartment, is published in good faith, the Operator does not warrant that any of the content accurately or completely describes the exact Apartment(s) allocated to any particular booking. Actual Apartment size, design, fixtures, furnishings and facilities will vary.
12.4. The Operator does not exclude liability for death or personal injury caused by its negligence or for fraudulent misrepresentation.
13. SERVICE DELIVERY
13.1. It is the nature of the product provided by the Operator that situations beyond its control may arise from time to time. The Operator aims to provide a quality service and will do its best to solve any problems that arise.
13.2. If the Booker wishes to raise anything that the Booker or Guest is not satisfied with, they are requested to immediately inform the Operator.
13.3. As a guide, the Operator and/or its appointed representative will attend as a first response to any reported problem, and normally within 24 hours or the next business day, whichever is sooner. Where rectification is beyond the scope of the first response team, additional contractors will be booked to investigate and resolve the issue.
13.4. Further, as a guide, assistance outside of normal business hours will be prioritised to assist with the following: Emergency, fire, flood, electrical or gas failure, interruption to water supply, hot water issue, heating issue (when outside temperature is lower than 5 degrees Celsius). For calls outside of business hours regarding other requests, a response where possible will be given, or otherwise will be handled on the next business day.
13.5. Where a problem cannot be resolved within 36 hours and it is considered crucial to the use of the apartment (heating in winter, hot water, door/window security), the Operator may propose alternative accommodation until it can be resolved.
13.6. The Operator will not be responsible for delays in resolving any disputes or complaints where it has not been given sufficient notice to respond.
14. TERMINATION
14.1. The Operator may terminate this Agreement immediately by giving written notice to the Booker if:
1. the Booker commits any material or persistent breach of this Agreement and, if the breach is capable of remedy, fail to remedy it within 24 hours after being notified of the breach provided that, if such breach is a repeated breach then no time to remedy need be given; or
2. the Booker shall do or allow to be done any act or omission which in the opinion of the Operator may jeopardise its rights in the Apartment or any part thereof, or if the Booker and/or its Guest abandons the Apartment; or
3. any sum payable by the Booker under this Agreement is not received by the Operator on the due date for such payment and such non-payment is not remedied within 2 working days of the Booker being given written notice by the Operator to that effect.
14.2. Upon expiry or termination of this Agreement for any reason whatsoever the Booker shall:
1. pay to the Operator any Agreed Price in arrears and all other moneys due under this Agreement;
2. ensure the Guest returns the Apartment to the Operator in good repair, condition and in a clean and tidy state; and
3. indemnify the Operator against all reasonable costs incurred as a result of any failure to comply with such return conditions

14.3. Any of the Operator rights arising prior to the termination of this Agreement (howsoever arising) shall remain in force notwithstanding such termination.
14.4. The Operator reserves the right to recover the Apartment from the Booker and/or its Guest if the Booker defaults in surrendering the Apartment back to the Operator. The Booker shall indemnify the Operator and keep the Operator indemnified against any and all costs, losses and expenses (including legal expenses) incurred in retaking possession of the Apartment.
15. GENERAL
15.1. Force Majeure.
No party will be liable to the other for delay or non-performance of its obligations under this Agreement arising from any cause or causes beyond its reasonable control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
15.2. Waiver
An omission by a party to exercise, or a delay in exercising, any right or remedy under this Agreement shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies which that party may otherwise have and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. Any waiver of a breach of any of the terms of this Agreement or of any default under this Agreement shall not be deemed a waiver of any subsequent breach or default and shall not affect the other terms of this Agreement.
15.3. Entire Agreement
Each party acknowledges that this Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior discussions, understandings and agreement between the parties and their agents except for such variations as shall be agreed in writing by the parties. Each party also agrees that in entering into this Agreement, it is not relying on any statements, warranties or representations given or made (whether negligently or innocently and whether express or implied), or any acts or omissions by or on the part of any other party in relation to the subject matter of this Agreement (except those expressly set out in this Agreement) and it undertakes not to enforce or pursue any rights or remedies with respect to such subject matter otherwise than under this Agreement and hereby waives and releases the other party in respect thereof absolutely.
15.4. Assignability
This Agreement is personal to the parties. The Operator may assign its right title benefit and interest in and to this Agreement without consent of the Booker. The Booker may not assign its right title benefit and interest in and to this Agreement to another party without agreement from the Operator.
15.5. Rights of Third Parties
A person who is not party to this Agreement (a “third party”) has no right under the Contracts (Rights of Third Parties) Act 1999 (“the Act”) to enforce any term of this Agreement, but this does not affect any right or remedy of a third party which exists or is available apart from the Act.
15.6. Notices
Any notice or demand to be given under this Agreement by either party to the other shall be in writing and shall be deemed to have been properly served if left at or sent by first class pre-paid post to or facsimile to the current number for that party’s address as mentioned in this Agreement or last known to the party sending the notice or demand and if so posted shall be deemed to have been received on the day following the date of posting and if sent by facsimile shall be deemed to have been received one hour after the time of transmission or, if transmitted out of normal business hours, one hour after the subsequent opening of business.
15.7. The parties agree that any disputes arising under or in any way connected with the subject matter of this Agreement (whether of a contractual or tortuous nature or otherwise) shall be subject to English law and to the exclusive jurisdiction of the English courts.
15.8. Interpretation
In this Agreement the following words and phrases shall have the following meanings unless the context otherwise requires:

“Agreement” means this agreement;
“Additional Charges” include, but are not restricted to, the additional charges which the Booker and/or Guest as applicable are liable to pay for facilities and additional items;
“Agreed Price” means the price at which the Booker agrees to hire the Apartment, as identified in the Booking or in any subsequent agreement;
“Apartment” means the apartment identified in the Booking or an apartment of similar type and standard in a similar location;
“Arrival Date” means the first day of the Hire Period, as identified in the Booking or in any subsequent agreement;
“Booking” means an offer from the Booker to the Operator to hire the Apartment on the terms of this Agreement following the Booker’s provision of sufficient information to enable the Operator to complete its telephone or website provisional booking process;
“Furniture and Appliances” means such furniture and appliances usually found within the Apartment and any other items which the Operator agrees to provide;
“Hire Period” means the period commencing on the Arrival Date and expiring on delivery of the Apartment back to the Operator;
“Inventory and Condition Report” means the Operator’s report on the condition of the Apartment and its contents;
“Special Terms” means additional/supplementary/replacement terms agreed as relating to a particular booking or bookings. Such Special Terms will supersede any related clauses within this agreement for the duration of the booking(s).
“VAT” means Value Added Tax at the rate in force for the time being;
“Website” means www.flyingbutler.com and any other current/future website associated with provision of services as promoted by the Operator.
16. COMMISSION
16.1. The Booker may claim 10% commission on the net daily rate excluding VAT on each materialised and paid booking introduced.
16.2. No commission is payable for cancelled reservations, no-shows or any extension arranged by a different channel to which the Guest has moved its business since the booking began.
16.3. Commission is to be invoiced by the Booker in pound sterling and the Operator will pay in pound sterling.
16.4. The Operator must receive the Agent’s commission invoice within 7 days of the end of each Hire Period, or in the case of stays over 60 days, within 7 days from the end of each month or billed period as applicable. Commission invoices received after 60 days of the applicable deadline will not be payable and will not be processed for payment. Each invoice must bear the following details:
• the Booker’s letterhead and company registration number
• the Booker’s bank account details
• the Guest’s name (occupier) and confirmation number from the Operator
• the arrival and departure dates
• the amount of commission due plus any applicable tax
• the applicable bank details of the Booker to which payment of commission should be made
• the invoice must be addressed to the Operator as Flying Butler Apartments Ltd, 66 Hammersmith Road, London W14 8UD
16.5. Correct invoices will be processed in line with the Operator’s monthly payment cycles. Invoices not received in time for processing will be processed the following month.

16.6. Where the Booker requests to deduct commission from payments received by the Booker for the Operator, net payment must be supported by a corresponding invoice detailing the deducted commission in line with clause 16.1 and 16.4 above.
17. REPRESENTATION OBLIGATIONS
17.1. The Booker agrees in its keyword purchasing activities not to purchase (and if purchased it shall cease such use of) an advertising or sponsorship position triggered by the specified brand marks of the Operator, or in connection with paid online searches in a manner that may cause consumers to be confused as to the origin of goods or services or the identity of the party providing such goods or services. The specified brand marks (and any partial variations of) which are applicable include:

1. Deep Blue
2. Deep Blue Apartments Ltd
3. Flying Butler Serviced Apartments

The Operator may update the specified brand marks by submitting a revised list to the Booker once per calendar quarter. The Operator agrees that this provision relates only to the purchase by the Booker of the specified brand marks and the Booker has no other restrictions on its keyword purchasing activities.
17.2. The Booker agrees to fairly represent the Operator via its marketing channels. The Booker is responsible for the upkeep and relevance of its marketing material when representing the Operator.
17.3. Use of any logos, photographs or other marketing collateral featuring the Operator by the Booker is subject to prior approval by the Operator. Only pictures provided by the Operator may be used.
17.4. Whilst the Operator may supply the Booker with information about the Operator and its apartments, it shall be the sole responsibility of the Booker to ensure that its publicity materials are correct in its descriptions of the Operator and its facilities at the time of this Agreement. The Operator shall notify the Booker of any changes to descriptions of facilities subsequent to the date of this Agreement as soon as is reasonably practicable.
17.5. The Booker shall comply with all applicable laws concerning the marketing, advertising, selling and collection and processing of Guest data further to this Agreement.
17.6. The Booker shall deliver to the Operator copies of any proposed content for brochures, marketing collateral and advertising features featuring the Operator as soon as is reasonably practicable from the date such material is available to the Booker, but in any event no later than one month before circulation or publication.
17.7. The Operator reserves the right to decline business resulting from non-compliance with this Agreement.
17.8. The Booker shall only publicly advertise the listed “Published Rates” as shown in the Rate Schedule Appendix I, or list rates as “Upon Application” as appropriate.

18. MINIMUM PRODUCTION
18.1. A minimum annual production of 100 nights is required to maintain this Agreement. This will be reviewed on a quarterly basis.