The terms below apply to all services ordered from, or provided to you, by ReQuest. By using these services, you agree that these terms shall apply.
Our terms of business cover the sections below. To read any particular section, please click on the relevant heading.
1. MEMBERSHIP APPLICATIONS
2. FEES, UPGRADES, CANCELLATIONS AND RENEWALS
3. SUPPLY OF SERVICES
4. REQUESTING SERVICES
5. RESTAURANTS AND CLUBS
7. PROPERTY MANAGEMENT
8. CANCELLATIONS, REFUNDS AND RETURNS
9. LIMITATION OF LIABILITY
10. COMMENCEMENT AND TERMINATION
11. PRIVACY AND DATA PROTECTION
14. GOVERNING LAW AND JURISDICTION
1.0 MEMBERSHIP APPLICATIONS
a. All Membership applications are subject to acceptance by ReQuest at its sole discretion. ReQuest is under no obligaton to disclose its reasons for rejecting any Membership application.
b. You must provide correct personal and financial details when you apply for Membership. Failure to do so may invalidate your Membership and any subsequent transactions.
c. Your Membership is personal to you. You are responsible for ensuring that no one (other than your personal assistant on your behalf, where applicable) uses your Membership.
e. You must notify ReQuest immediately by e-mail if your Membership Card is lost or stolen.
2.0 MEMBERSHIP FEES, UPGRADES, CANCELLATIONS AND RENEWALS
a. For the first year of your Membership, Membership Fees and the Joining Fees payable shall be confirmed to you prior to acceptance of your Membership application. The Joining Fee shall be payable in full upon acceptance of your Membership application. Any increase or decrease to the Membership Fees for subsequent years of Membership will be notified to all Members in advance or their Renewal Dates.
b. You acknowledge that your payment of the Joining Fee constitutes your express request for us to begin to supply you with the Services.
c. Membership Fees are non-refundable. However:
i. You have the right to cancel your Membership until the end of 14 days after the day on which we accept your Membership application ("Cancellation Period") and we ask that you inform us of your decision in writing.
ii. If you cancel your Membership within the Cancellation Period, you will be reimbursed for your Membership Fee, less deductions for the Services we have provided until you informed us of your decision to cancel.
d. ReQuest reserves the absolute right to cancel or suspend your Membership where it has reasonable cause. In such cases, ReQuest shall refund the balance of the current annual Membership Fee on a pro rata basis in respect of the unexpired period to which the annual Membership Fee relates.
e. Membership Fees are due on acceptance of your Membership application and annually thereafter. Full payment will be taken by ReQuest annually in advance by direct debit or payment by a credit or debit card which you have authorised us to deduct such payment from in accordance with the relevant invoice.
f. Where you have provided us with details of a Payment Card or have authorised a direct debit mandate, you hereby expressly authorise ReQuest to deduct collect renewal Membership Fees up to 28 days prior to or on your Renewal Date. Alternatively you will be contacted directly in order to renew your Membership.
g. If you do not wish to renew your Membership you must notify us at least 30 days prior to your Renewal Date.
h. If you do not notify us in accordance with Clause 2(g) above, ReQuest reserves the right to recharge the then current Membership Fee in order to renew the Membership.
i. ReQuest reserves the right to refuse to provide the Services should any payment due under these Conditions not be received.
j. If, during the course of your current Membership, you wish to upgrade to a higher level of Membership or ReQuest reasonably requests you to upgrade your Membership based on your usage of the Services, the difference in price between the two categories of Membership will be payable on a pro rata basis. If you do not accept ReQuest's request for you to upgrade your Membership then ReQuest reserves the right to cancel your existing Membership with immediate effect in which case you will be entitled to a pro-rata refund in respect of the period from the date of cancellation until the end of the relevant Membership year for which you have paid Membership Fees.
k. ReQuest may at your request purchase goods or services on your behalf. In the event that we act as a credit agent in this regard, you hereby authorise ReQuest to deduct the credit sum from your Payment Card immediately.
3.0 SUPPLY OF SERVICES
a. ReQuest shall supply Services to the Member during the Membership period, provided that ReQuest shall not be required to provide or facilitate the supply of goods and/or services that may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
b. ReQuest shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services. ReQuest shall notify the Member in any such event.
c. Telephone calls to ReQuest may be monitored or recorded for training and quality control purposes.
4.0 REQUESTING SERVICES
a. Members may request services by telephone, text, e-mail, or through the Members' section of the Website.
b. Members should always contact their primary office in the first instance to manage all Requests (including international Requests).
c. ReQuest reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.
d. If ReQuest is unable or not obliged to deal with any service requirement, it will inform the Member as soon as reasonably practicable.
e. From time to time the procurement or provision of certain services, products or benefits may incur a ReQuest services fee or handling charge (of which you will be notified in advance, and which may vary between ReQuest offices) and in such event you hereby authorise ReQuest to debit your Payment Card with any such handling charges or, alternatively, to invoice you in respect of such fees or charges.
5.0 RESTAURANTS AND CLUBS
a. When you use the restaurant booking service you hereby authorise us to debit your Payment card for any deposit paid by us on your behalf to the restaurant which is forfeited if you cancel the booking.
b. When you use the restaurant booking service you agree that where you cancel a restaurant booking within 24 hours of the time the restaurant reservation is made you shall not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit.
c. Admission of Members to any club premises is at all times at the sole discretion of the club Supplier and ReQuest shall have no liability where a Member is refused admission to a club.
a. Suppliers may impose their own terms and conditions which, in every case, apply to the supply of goods and/or services by that Supplier to you, and such terms and conditions shall be binding upon you at the time of order.
b. When ordering a product or service or accessing a Benefit, you may be required to provide your Payment Card details. If you authorise ReQuest to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that ReQuest shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that ReQuest acts in accordance with the instructions issued by you.
c. If ReQuest's performance of any of its obligations under these Conditions is prevented or delayed by any act or omission by the Member or failure by the Member to perform any relevant obligation:
i. ReQuest shall have the right to suspend performance of the Services until the Member remedies the situation.
ii. ReQuest shall not be liable for any costs or losses sustained or incurred by the Member arising directly or indirectly from ReQuest's failure or delay to perform any of its obligations.
iii. the Member shall reimburse ReQuest on written demand for any costs or losses sustained or incurred by ReQuest arising directly or indirectly from the Member Default.
7.0 PROPERTY MANAGEMENT
ReQuest will provide a full range of Property Management services, all subject to each relevant section of these Terms of Business herein described. In addition, before we provide any services connected with a property, you will confirm that:
a. You are the sole owner(s) of the Property.
b. You have obtained or will obtain, prior to the start of any service provided by ReQuest, that you have all necessary consents and licences to allow you to lawfully let the Property, or subcontract its management, including those of any joint owners, mortgage lenders, superior landlords, or freeholders and any necessary planning permission.
c. The Property and its contents fully comply with the provisions of the Landlord and Tenant Act 1985, the Furniture and Furnishings (Fire) (Safety) Regulations 1988, the Gas Safety (Installation and Use) Regulations 1998, the Electrical Equipment (Safety) Regulations 1994, the Plugs and Sockets etc. (Safety) Regulations 1994, and the Housing Act 2004 and Regulations made under it relating to Homes in Multiple Occupancy (HMO), all as amended.
d. Insofar as the Regulatory Reform (Fire Safety) Order 2005, as amended, applies to the Property, you have fully complied with its provisions.
8.0 CANCELLATIONS, REFUNDS AND RETURNS
a. The Member acknowledges that the sales contract for the supply of goods and/or services is between the Member and the relevant Supplier and that ReQuest is not a party to such contract. Cancellation of contracts with Suppliers should be addressed with the Supplier directly and will be subject to the relevant Supplier's policies.
b. If a specific product or service is not available, ReQuest may offer you substitute products or services of a similar description and standard. You may at your sole discretion refuse acceptance of such substitute products and/or services and request a full refund in the event that payment has already been made to the Supplier for the unavailable product or service.
c. Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.
d. The Member further acknowledges that for goods purchased on his or her behalf by ReQuest directly from a Supplier, returns and exchanges will be subject to the terms and conditions of that Supplier and returns or exchange of goods purchased may not always be permitted. In circumstances where ReQuest is asked to source a specific item for a Member, ReQuest shall inform the Member of the refund and exchange policy of that Supplier in advance. ReQuest shall not be liable to the Member where a Supplier does not accept the return or exchange of an item.
e. It shall be the Member's sole responsibility to retain all proof of return of goods to a Supplier, we recommend returning the goods by registered delivery, or by any other similar means of ascertaining the date of the return dispatch and tracking the return.
f. Where orders are delivered outside the EU, any applicable customs duties and sales taxes shall not be refundable through ReQuest. It shall be the Member's sole responsibility to recover such monies. ReQuest shall have no liability for any items held by any customs or border agency.
g. In the case of premium courier services, if the Member is not at the specified Delivery address to receive their Order at the scheduled time, the Member may incur further charges for subsequent attempts to re-deliver the goods.
9.0 LIMITATION OF LIABILITY
a. Nothing in these Conditions shall limit or exclude ReQuest's liability for:
i. death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
ii. fraud or fraudulent misrepresentation; or
iii. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982
b. ReQuest shall not be liable to the Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their Membership; and
c. ReQuest's total liability to the Member in respect of all other losses arising under or in connection with their Membership, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the Member's annual Membership Fee.
b. You acknowledge that any contract entered into by you with any Supplier is an independent contract. ReQuest hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged by ReQuest.
c. ReQuest shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any Member Default.
d. ReQuest shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of ReQuest's obligations in relation to the Services, if the delay or failure was due to any cause beyond ReQuest's reasonable control.
10.0 COMMENCEMENT AND TERMINATION
a. These Conditions shall take effect and be binding upon the Member and ReQuest (UK) Limited upon acceptance by ReQuest of your Membership application. These Conditions shall be applicable for the duration of your Membership and shall only cease to have effect upon the expiry or termination of your Membership. You agree that your only rights and remedies under these Conditions shall be against ReQuest (UK) Limited and no other entity.
11.0 PRIVACY AND DATA PROTECTION
c. Assignment and subcontracting:
i. ReQuest may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any third party or agent.
ii. The Member shall not, without the prior written consent of ReQuest, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions.
A waiver of any right under these Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
ReQuest may vary these Conditions from time to time and will notify you of any changes in a timely manner. Notification will be by some or all of the following: ReQuest Newsletter, the Website, by Email or by phone. Your continued use of your Membership constitutes acceptance of such variations to these Conditions.
14.0 GOVERNING LAW AND JURISDICTION
These Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England