TermsThese terms and conditions apply to all bookings at Apex Hotels made through any and all channels including, but not limited to, our website, by email, over the telephone, and online travel agencies that we partner with. They contain important information about your stay, event and memberships and we kindly ask that you read these carefully. If there is anything you would like to discuss regarding your booking or these terms and conditions, please don’t hesitate to contact our friendly reservations team on 0800 049 8000 for General Bookings, or our Sales Team on 0131 441 0485 for Groups and Events Bookings .
1.1. Free cancellation rates
Free Cancellation Rates allow you to amend or cancel your reservation up until 2pm (local time) the day prior to your arrival without charge. A valid credit card is required at time of reservation as a guarantee, which will be charged in the case of late cancellation or no show.
1.2. Non-refundable rates
Non-Refundable Rates are fully pre-paid at time of reservation and are non-refundable and non-transferable in the event of cancellation.
1.3. Promotional rates
Promotional Rates are limited offers, available directly with Apex Hotels only. These can be withdrawn without prior notice and may be subject to a minimum night length of stay, lead time or other restrictions. Specific terms, conditions and restrictions can be found on the promotional rate information at time of reservation and on the confirmation email, sent after.
All promotional rates apply to new reservations only, cannot be used in conjunction with any other offer and do not apply to group reservations (a reservation of 9 rooms or more is considered a group).
All rates are subject to availability.
Rates are updated periodically and whilst every effort is made to ensure the accuracy of all prices, regrettably, errors do very occasionally occur. Where an incorrect price is displayed and is clearly a genuine and honest mistake, we shall not be bound by such price. We reserve the right to cancel or amend any reservations made at incorrectly offered prices. We will endeavour to contact all guests affected by such a scenario before taking any action in relation to amending the rate or cancelling the reservation. This applies to reservations made through any and all channels, including, but not limited to, our own website and the various online travel agencies that we partner with.
2. Book Direct Benefits
- Complimentary room upgrade – subject to availability.
- Apex Hotels reserve the right to withdraw this benefit at any time without prior notice.
3. Kids stay and eat free
- Children aged 12 years or under staying at our hotels can eat and drink from our kids’ menu for free, when dining with an accompanying paying adult staying and dining at the hotel.
- Children aged 13 to 17 stay for free however pay for all meals consumed at the hotel.
- A maximum of two children per room may be accommodated subject to availability of suitable family rooms.
- Christmas Day, New Years’ Eve dinners and private events are excluded.
- Please note that under the Hotel Proprietors Act persons under the age of 18 must be accompanied by an adult when staying at Apex Hotels.
4. Best Rate Guarantee
- Make a reservation directly with Apex Hotels on www.apexhotels.co.uk, or by calling our reservations centre on 0800 049 8000.
- The “comparison rate” must be found and a completed claim submitted within 24 hours of making your Apex Hotels reservation and must be for the same hotel, room type, rate terms and reservation dates. All claims must be submitted at least 24 hours before check-in time. The website address of the comparison site should be submitted for us to verify the rate is different.
- If the lower rate qualifies, then we will match that lower rate and give you an additional 10% off. For example: if you book a room with Apex Hotels for £100 and find a lower rate on a different site for £80 and submit a valid claim, we will set your new rate to £72 [£80 – (£80 x 10%) = £72].
- Applies to all publicly available rates (e.g. excludes negotiated or group rates)
- Excludes discount rates for Government, Seniors and Reward programmes
- Excludes promotional rates and package rates that include other components
- Excludes rates on auction sites
- Excludes rates available on websites that do not disclose the hotel brand until the reservation is completed, such as Priceline and Hotwire.
4.1. Claim Submissions
The “comparison rate” must be found and submitted within 24 hours of making your original Apex Hotels reservation through an Apex Hotels channel. It must be for the same hotel, room type, reservation dates and the same reservation terms should apply to both bookings.
4.2. Verification Process
- Apex Hotels will verify the “comparison rate” within 24 hours and reply to notify you of the results.
- Where a range of rates are available for the same hotel, day and room type, the lowest rate should be booked to be eligible.
- The “comparison rate” must be available to the general public. If the rate is available with Apex Hotels, then that rate should be reserved. Apex Hotels will not charge you for the cancellation fee.
- Apex Hotels is not responsible for any other cancellation or reservation fees incurred by cancelling a reservation on other channels.
- Rate comparisons are made on rates net of any taxes or fees and in the currency of the hotel – GBP.
- Apex Hotels may deny a claim if the difference in the rate is less than £5.00 GBP.
- Apex Hotels reserves the right to modify or cancel the guarantee at any time and this guarantee is void where prohibited by law.
5. Check-in and Check-out
Check-in from 14.30 local time and check-out before 11.00 local time.
Upon arrival you will be required to complete in full a registration document. Proof of ID under the name of bedroom reservation will be required at check-in.
You may choose to pay with a credit card. In this case, your credit card will be authorised for the full value of your stay plus £25.00 per night for any incidentals or additional costs charged to your room during your stay. This amount is held on your credit card and will result in the balance of this credit card reducing. If you choose to settle your final account with a different credit card, the original authorisation will take up to a minimum of 10 days to clear from the credit card depending on the credit card issuer.
Alternatively, you may choose to pay with a debit card. In this case we will charge the debit card for the full value of your stay, however, incidentals or additional costs must be settled at time of purchase.
6. Cancellation and non-arrival
6.1. Free cancellation rate
If you need to cancel your reservation, you will need to do so no later than 2pm (local time) the day prior to your arrival. Cancellations after this time will incur a charge equal to the first night of your stay. When cancelling your reservation on the Apex website or via Apex Reservations Centre on 0800 049 8000 you will be given a cancellation reference number. We encourage you to retain this number for your records.
6.2. Non-refundable rates
No refund or transfer is permitted in the event of cancellation.
6.3. Promotional rates
Either the free cancellation policy or non-refundable cancellation policy will apply, this information can be found on the promotional rate information at time of reservation.
Rates quoted are based on check-in date and length of stay. Should you choose to depart early, cancellation charges will apply according to your chosen rate type.
Reservations made through 3rd party websites, such as travel agents or online travel agents, must be cancelled or modified through those travel agents or online travel agents in line with their cancellation terms.
In the case of non-arrival of a guaranteed reservation, the room(s) will be held until 11.00am (local time) the day after the original arrival date, at which time if no confirmation of arrival has been received, the room (s) will be released. The first night of the original reservation will be charged in full. All subsequent nights on the same reservation from and including the second night will be cancelled and cancellation will apply according to your chosen rate type.
Apex Hotels reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or have resulted from a mistake or error.
The resale and/or transfer of a reservation from the name originally reserved is not permitted. In particular, the transfer of rooms and/or allotments to third parties at higher rates than the actual room rate is not permitted.
7. Payment Methods
We accept the following methods of payment
- Credit Card (MasterCard, Visa, American Express, Diners Club, JCB, Maestro)
- Debit Cards
From 14th September 2019 to comply with the new Strong Customer Authentication (SCA) requirements the card issuing bank might require a second factor of authentication in order to complete the purchase. For guests failing to provide the second factor of authentication, the card issuing bank will decline the transaction.
8. Reservations of 9 rooms or more
Reservations consisting of or which total 9 rooms or more will be treated as a group reservation and group rates and terms and conditions will apply.
Group requests should be directed to firstname.lastname@example.org or telephone 0800 049 8301
Apex Hotels reserves the right to cancel group reservations of 9 rooms or more made on Free Cancellation rates through the Apex Hotels website.
Long stay reservations or individual reservations over the value of £2,000 may be subject to a longer cancellation term.
9. Pet Policy
No pets allowed other than Guide dogs or Service animals. Please notify the hotel at time of reservation if bringing a Guide dog or Service animal.
10. Smoking & Electronic Cigarette/Vaping Policy
Please note that smoking and the use of Vaporisers or Electronic Cigarettes is strictly forbidden in bedrooms and all public areas. Should we believe that guests have been smoking or vaping in bedrooms or any other part of the hotel, a fee of £100 will be charged for specialised cleaning and guests may be asked to leave the premises.
In the event a bedroom is not available in the chosen hotel or in cases of force majeure the hotel reserves the possibility of relocating the guest totally or partially in a hotel of equivalent category for the same services. Any additional cost of the room and transportation costs between the two hotels will be the responsibility of the hotel.
12. Special Requests
Whilst every effort will be made to accommodate special requests, they cannot be guaranteed.
It is the responsibility of the guest to advise the hotel of any allergies or intolerances they have before consuming food or beverage in the hotels. All our kitchens and outlets may use and process nuts, peanuts and other seeds.
The images of our rooms and facilities on our website are for illustrative purposes only. Your room or the facilities you use during your stay may vary slightly from those images. Your reservation is for a specific room type and whilst we will try to accommodate specific room requests, unfortunately we cannot guarantee that you will be able to stay in a specific room during your stay.
15. Car parking
If a parking space is provided to a guest in the hotel car park, this does not constitute a safekeeping agreement, even if a fee is exchanged. Apex Hotels assumes no liability for loss of or damage to motor vehicles parked or manoeuvred on the hotel’s property and the contents thereof, except for cases of intent or gross negligence.
In the event of malicious, wilful or negligent behaviour or other property damage or theft, Apex Hotels will seek to recover from a guest, (a) the cost of repairs or replacements of any damage or loss caused by the guest or others for whom they are responsible and (b) loss of revenue caused by a bedroom damaged by a guest being unsellable, at the room only best available rate, until the bedroom can be resold, up to a maximum of 3 nights after the guest leaves the premises, or when the damage occurred, whichever is the later. We also reserve the right to terminate, without compensation or further obligation, the reservation if it is deemed that the guest's behaviour is unsociable, abusive or in any way unacceptable to ourselves or any other guest. In such circumstances the guest accepts that they will be required to immediately leave the premises. Apex Hotels have zero-tolerance on any and all criminal activity and will work with authorities to seek prosecution herewith.
In addition, if a guest is responsible for triggering a false alarm at the fire department (for example by smoking in guest rooms), all costs incurred shall be borne by the guest.
17. Force Majeure
Neither party shall be held liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to fire, floods, embargoes, war, acts of war (whether war be declared or not), acts of terrorism, insurrections, riots, civil commotions, strikes, lockouts or other labour disturbances, acts of God or acts, omissions or delays in acting by any governmental authority or the other party, circumstance or emergency, making it impossible, illegal or preventing guests from staying in our hotels.
18. Data Protection
All personal data that Apex Hotels Ltd may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the clients rights under the GDPR.
For complete details of Apex Hotels Ltd collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the clients rights and how to exercise them, and personal data sharing (where applicable), please refer to Apex Hotels Ltd Privacy Notice.
Apex Hotels Ltd Data Protection Officer can be contacted at email@example.com
Events And Groups Of 10 Rooms Or More
In these Conditions and an Event Contract:
- “Client”, “you or your” means the person or other body who reserves a Room or other services from the Company.
- “Company” means Apex Hotels Limited, registered office currently at Apex Hotels House, 1 Mid New Cultins, Edinburgh EH11 4DH.
- “Enquiry” means that you have made an initial enquiry for services and been provided with a no obligation quotation.
- “Provisional” means that a proposal has been issued to you but there is no binding contract.
- “Tentative” means a verbal Confirmed booking binding on the Client but which may be cancelled by us until such times as the Event Contract is signed and returned to us subject to Condition 3 hereof.
- “Confirmed” means that your booking has been accepted and there is a binding contract subject to these conditions.
- “Room(s)” means a room(s) and “Hotel” means the Company’s hotel premises in or at the specific Apex Hotel as outlined in the Contract.
- “Conditions” means the standard terms and conditions of business set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in Writing between the Client and the Company.
- “Arrival” means the first date for which the reservation of the Room (s) or services are made.
- “Writing” includes email, telex, cable, facsimile transmission and comparable means of communication.
- “we”, “our” and “us” means Apex Hotels Ltd.
- “Event” means the event specified on the Event Contract.
- “Event Contract” means an event contract signed by you which incorporates these conditions setting out details of the Event, the charges payable by you and any additional services required by you. In the event of any ambiguity between the Event Contract and these Conditions, the Event Contract shall prevail.
2. Charges & Payment
Should an advance deposit or pre-payment be required, as set out in the Event Contract, this must be cleared in our bank account by the due date as set out on the Event Contract and is non-refundable. V.A.T. will be charged at the prevailing rate at the time of payment.
If an advance deposit or pre-payment is overdue by 7 days from the due date, we reserve the right to levy interest at a rate of 8% per annum above Bank of England base rate from the date the debt becomes overdue. If payment is not received by 28 days after the due date, the Hotel will deem the Event Contract cancelled and the cancellation fees as detailed in clause 6 will become payable.
We require at least 14 days notice prior to the Event to arrange any credit facilities and reserve the right to refuse to extend credit facilities to you. Credit accounts must not exceed their limit, as set by us, at any time.
Payment is due in respect of the outstanding balance of a credit account 14 days following the date of our invoice. All Events and bookings are quoted and payable in pounds sterling.
In the event of payment becoming overdue, we reserve the right to levy interest at a rate of 8% per annum above Bank of England base rate from the date the debt becomes overdue.
Billing for an Event will be based on actual numbers in attendance or minimum numbers as set out in the Event Contract, whichever is greater.
You are also responsible to pay within 14 days of the issue of our invoice (in respect of the Event), for all food, beverages and other services requested by you, your employees, guests, customers, clients or invitees during the Event, and which are not included within the agreed rate per room or per guest, as set out in the Event Contract except in so far as you have instructed us in Writing to obtain cash settlement from persons requesting food, beverages or other services.
If there are genuine queries on any part of the Event Contract or our invoice, you will pay the undisputed balance of the sum owing on the date due and the remainder on resolution of the query.
3. Confirmation By You
Verbal bookings accepted by us are Confirmed bookings subject to these conditions.
However all bookings are Tentative until the Event Contract is signed by you and returned to us. Until the Event Contract is signed by you and returned to us, we reserve the right to cancel a Confirmed booking and re-let the Room(s) and facilities reserved for the Event.
The Event Contract must be signed by or on behalf of the Client who will be making payment for products/services provided by us.
Final timings, menus and any special requests must be confirmed to us, in Writing, at least 14 days prior to the Event.
4. Guest Numbers
The Event Contract shall specify the ‘anticipated’ number of guests you expect to attend the Event and the ‘minimum’ number of guests we will accept for the Event.
The ‘final’ number of guests attending shall be the ‘anticipated’ number of guests as shown in the Event Contract or such other number as notified in writing at least 3 working days prior to the Arrival date of the Event. Any changes after this time will only be accepted at the sole discretion of the Hotel.
The chargeable amount will be calculated according to the highest of either the ‘minimum’ number or ‘final’ number or ‘actual’ number of guests attending the Event.
The Event space allocated is dependant on guest numbers. If either the ‘anticipated’ or ‘final’ numbers drop below the ‘minimum’ number, the Hotel reserves the right to:
- change the Event space allocated
- relocate the Event to an alternative Hotel venue, or,
- implement additional charges.
5. Amendments By You
Amendments to guest numbers and or other arrangements after the Event Contract has been signed must be confirmed to us in Writing.
In the event that the number attending the Event exceeds the number advised at the time of booking, we shall use our reasonable endeavours to provide service and accommodation if required, for the increased numbers. We reserve the right to levy additional charges to the agreed rate per guest, or per Room, for such increased numbers.
Reduction in the duration or contracted value of the Event will be subject to our cancellation policy, as set out in the Event Contract and clause 6 of these Conditions.
If you cancel a confirmed booking or part of a booking (eg. accommodation, duration of Event, hire of space), cancellation charges will apply as specified in this clause 6.
Cancellation should be advised to the Hotel verbally in the first instance and then must be received in Writing from the Client and will take effect from date of receipt by the Hotel.
All charges will be based on guest numbers and rates stated in the Event Contract. If no specific rates are stated, the prevailing rate for such services and/or products available at the Hotel will be applied. Should the total number of guests increase at any time after entering into an Event Contract, the new applicable number of guests will automatically supersede the previous. Should guest numbers decrease at any time after entering into an Event Contract, the previous applicable number of guests will remain the same.
All cancellations will be charged including VAT at the prevailing rate.
Cancellation charges shall represent the Hotel’s loss, both direct and indirect in respect of each and every day of the Event and for each and every part of the Event. The Hotel will employ its reasonable endeavours to re-sell the facilities on your behalf. We shall reduce the charges by the revenue on any alternative business we have been able to secure on
The Client must reimburse the Hotel for any expenditure incurred in respect of any cancelled booking including any costs, charges or penalties as a result of having to make consequential cancellation of arrangements with third parties in relation to the Event.
Should we for reasons beyond our control need to make any amendments to your booking, we reserve the right to nominate alternative facilities within the Company for the Event.
If you make significant changes to the Event, in terms of numbers and/or dates, as set out in the Event Contract this may result in amendments in the applicable rates and/or facilities offered by us in relation to the new criteria.
An Event Contract may be cancelled by us, without penalty or liability, if in our opinion your presence would pose a risk to the safety of the other guests in the hotel or the public at large, or would result in the Hotel violating any law, licence or permit.
The Hotel may cancel a booking at any time and cancellation charges will be incurred by you, if:-
- the booking might, in the opinion of the Hotel, prejudice the reputation of the Hotel, or
- the Client is more than 30 days in arrears of previous payments to the Hotel, or
- the Hotel becomes aware of any alteration in the Client’s financial situation, which in the Hotel’s opinion would adversely affect the Client’s ability to pay the Event Contract price.
The Hotel will only pay commission to registered bona fide conference / venue / travel agencies.
Commission will only be paid to a certified agent where:-
- the initial enquiry to the Hotel was made by the agent and
- where the subsequent signed Event Contract is received from the same agent
If two or more agencies are involved in the enquiry and booking process, commission will only be paid to the agency selected by the Client at the time of entering into the Event Contract and notified to the Hotel in writing.
Commission is payable on pre-booked business only, based on the ‘final’ number of guests confirmed and as per the commission percentage stated on the Event Contract.
Commission is payable on receipt of invoice only.
Commission claimed on cancellation shall only be paid on receipt of settlement of the cancellation charges by the Client.
8. Arrival/ Departure
Any bedroom accommodation as part of the Event is available from 14:30 hours on the day of arrival and must be vacated by 1100 hours on the day of departure, unless specific alternative arrangements have been agreed.
If guests with accommodation bookings do not arrive, no-show charges will be applied at 100% of the total anticipated accommodation charges including VAT at the prevailing rate.
Any meeting rooms as part of the Event are available at the times stated in the Event Contract. Any extension may incur additional charges. A reduced time will not result in any reduction of the charges being levied and you will be charged on the basis of the time agreed as stated in the Event Contract.
9. Your Use Of The Hotel
- You and persons attending the Event shall:
- Comply with all licensing, health and safety and other regulations relating to theHotel. Please note that any third party suppliers will be asked to complete a health and safety questionnaire.
- Not carry out any electrical or other works at the Hotel, including amplification and lighting, without our prior written consent.
- Not bring any dangerous or hazardous items into the Hotel and shall remove any such items promptly when requested to do so by a member of the Hotel management or any authorised person.
- Not consume any food or drink at the Hotel not supplied by the Hotel or its authorised caterers, without the Hotels’ prior written consent.
- Not act in an improper or disorderly manner, leave promptly at the appropriate time and comply with any reasonable requests of our employees.
- The Hotel reserves the right to approve any externally arranged entertainment, services or activities you have arranged and does not accept any liability for any resultant cost.
- Should any of the delegates or outside speakers or entertainers be unable to correct any aspect of poor behaviour or activities unacceptable to the Hotel, or other guests, or hotel staff, the Hotel reserves the right to terminate your stay. Should this occur, no monies will be refunded to you. The Manager’s decision is final.
- Decorations or displays brought into the Hotel by you must be approved prior to Arrival by the Hotel’s Manager. It is our policy that items may not be attached to any fixed walls with nails, staples, tape or any other substance. We would be delighted to assist in organising display boards for your Event.
- Any person or item in breach of conditions 9.1 or 9.2 may be refused admission to or be asked to leave the Hotel.
Subject to our liability under the Hotel Proprietors Act 1956, we will not be liable or responsible for any jewellery, luggage, clothing or other property belonging to you or your employees, guests, customers or invitees brought into the Hotel by you or your employees, guests, customers or invitees.
The costs of repairing any damage caused to any Hotel property, contents or grounds by any of your guests, must be reimbursed to the Hotel by the Client.
The Hotel will not be liable for any failure to provide or delay in providing facilities, services, food or beverages as a result of events or matters outside its control.
The Hotel’s name/logo may be used in publicity, only with the Company’s prior written consent and once a proof of the promotional material has been agreed with the Company.
The Client is responsible for ensuring that any band or musician employed by them complies with statutory requirements and the requirements of the management.
The Company must comply with certain licensing and statutory regulations and require the Client to fulfil their obligations in this respect.
Prices quoted include VAT unless otherwise specified. This shall be at the rate prevailing when the Event Contract was prepared and is subject to alteration should the rate change.
Insurance can be arranged to protect you and your Event against cancellation or abandonment with a minimum sum insured based on the anticipated income to the Hotel. Insurance can also cover non-appearance of speakers or delegates, property damage at or to the venue or its contents, third party bodily injury and third party damage. The Hotel does not accept liability for these, save for death and
12. Frustration Of The Event Contract
We shall not be deemed to be in breach of this Agreement, or otherwise be liable to you, by reason of any delay in performance, or non-performance, of any of our obligations hereunder to the extent that such a delay or non-performance is due to any circumstances beyond our reasonable control (and this includes but is not limited to government interventions, strikes or labour disputes, actions, acts of God, national or local disasters or war) and of which we have notified you and the time for performance of that obligation shall be extended accordingly.
An Event Contract is non-transferable and shall be governed by Scottish law and you submit to the non exclusive jurisdiction of the Scottish Courts.
Application Forms (including payment terms) must be properly completed. No application will be accepted until payment is cleared or the appropriate Direct Debit Form is completed. Acceptance to membership shall be in the sole discretion of the Company. Applicants for Membership must be at least 18 years old.
2. Membership Term
The minimum membership term shall be three calendar months (the “Initial Period”). During the Initial Period, a Member shall not be entitled to terminate their membership and shall be liable for the full subscription fees for the Initial Period.
A Member may terminate his/her membership at the end of the Initial Period by giving written notice in accordance with clause 7.
Following the Initial Period, membership will run from month to month, determinable with one month’s notice in accordance with clause 7.
Amount – The Company reserves the right to vary the amount of subscription fees at any time after the Initial Period. Members will be given not less than 14-working-days notice of any proposed increase. Members who do not wish to accept an increase in subscription may cancel their membership by giving written notice in accordance with clause 7 of these Terms and Conditions.
Charges for certain facilities, the use of which are not included in the subscription fee, are displayed at the premises and may be varied from time to time.
Payment Terms – Initial payment shall be due and payable on the date of acceptance of membership. Otherwise, subscription fees are payable either monthly on our direct debit system or annually, as elected by the Member and payable by cash or selected credit cards. Following the Initial Period, the membership will continue to be considered active and payments will be due monthly on our direct debit system. The Member may elect to pay such fees annually, unless the Member cancels their membership in accordance with clause 7.
There are different Membership Tiers and Payment plans available as set out below:
Yu Spa Membership; additional benefits including treatment discounts as set out in the Members joining email. Benefits differ between membership categories.
Annual Payment, this is an annual membership where membership fees are paid monthly by direct debit. A joining fee and an administration fee may be payable.
A corporate membership relates to a group membership for a registered company or organisation. Minimum numbers of 10 need to be archived. Should the minimum numbers not be reached within the three-month grace period all members within the group will be changed to an additional membership.
Each member within the corporate membership group must provide documentation as proof of their employment within the applicable company or organisation.
4.1 Membership Transfer
Membership is personal to the Member and is not transferable without consent of the Company.
5. Membership Leave
Members may elect to suspend membership for a period of not less than two months, subject to the Member giving the Company 28 days prior notice in writing. The Member will require to complete a Yu Spa Membership Cancellation Form. A small fee is charged for this service and the Member will not be permitted to use facilities for the period notified. Any period of suspension during the Initial Period will not form part of the one year’s continuous membership. In the event that the Member is unable to use the Club due to severe injury/illness, the Member may transfer its membership in accordance with clauses 1 and 4.1.
6. Termination of Membership
The Company reserves the right to cancel or suspend membership at any time in the following circumstances:
If the Member commits a serious or repeated breach of these Terms and Conditions or the Club Rules (as defined in Clause 10) and the breach, if capable of remedy, is not remedied within 7 days of receipt of a default notice.
If any part of a membership fee due by a Member is not paid (by way of cleared funds) within 30 days after its due date for payment.
If the Company terminates this Agreement for any of the above reasons the Company reserves the right to retain a proportion of the money which the Member has paid under this Agreement to cover any reasonable costs the Company may have incurred as a result.
7. Cancellation of Membership
A Member may cancel their membership by giving at least one calendar months’ notice in writing to the Club Manager at any point following the start of the third month of membership (one full calendar month runs from the 1st to the end of any given month). The Member must pay one full calendar month’s membership fee following the notice date. If the cancellation request falls within the 14 working day notice period of a proposed price increase the one month’s membership fee will be the fee prior to that price increase. Any period of suspension (see clause 5) during the Initial Period will not form part of the one year’s continuous membership. Annual memberships are non refundable.
The Member may cancel its membership at any time during the Initial Period if the Company commits a serious breach of these Terms and Conditions. Notice must be given as above in clause 7. and the Member will be entitled to a full refund of their joining fee and a pro-rata refund of their annual membership fee.
8. Changing Membership Category
A Member can change their category of membership, subject to the Company’s consent and payment of applicable fees which are contained in the List of Tariffs. If the category change is requested during the Initial Period, the Member must continue to pay the appropriate membership fee for the duration of the Initial Period.
9. Guest Rules
Members wishing to introduce guests must comply with all the rules and terms set by the Company. In particular:
- Guests must complete and sign all appropriate forms and declarations.
- Former members whose membership has been terminated by the Company will not be allowed entry.
- Guests must pay the appropriate fee.
- For the duration of permitted access, guests must observe these Terms and Conditions as if they were Members.
- The Member introducing guests shall assume and take full responsibility for their guests observance and compliance of these Terms and Conditions.
- All guests must at all times be accompanied by the Member introducing them.
10. Club Rules
In signing the Terms and Conditions, the Member shall comply with the Club Rules and Regulations (“Club Rules”) which are contained in the Application Pack. Further copies will be displayed at the premises and will be available for inspection or distribution upon request.
11. Health and Safety
The Company will endeavour to take due care to provide a safe environment for Members. As part of membership, Members are expected to abide by notices, signs and information provided for their safety and the safety of others.
Fire Exits which are clearly marked, are in the interest of public safety and in the event of fire and/or on hearing the fire alarm, Members and guests are asked to make their way in an orderly fashion to the nearest available exit.
Any Member intending to use the gym or exercise facilities must book themselves for assessment with a club instructor BEFORE his/her first visit to such facility/ies.
It is the member’s responsibility, and a condition of membership, to obtain (and continue to seek throughout their membership) proper medical advice prior to using any piece of equipment and machinery in any of the facilities on the premises to ensure that any exercise intended to be carried out will not aggravate or adversely affect the Member’s health or medical condition.
By signing the Application Form the Member hereby warrants and represents that he/she is in good physical condition and that he/she is capable of all forms of exercise and that exercise will not be detrimental to his/her health. The Member accepts full liability for loss or damage for breach of any condition contained in this disclaimer.
A pre-activity Questionnaire (PAQ) must be complicated and will form part of the Application Form. An PAQ must be updated on a yearly basis at a minimum.
12. Opening Times
The various times of opening for use of facilities and premises are at the sole discretion of the Company. The Changes to the opening hours may be made by the Company by giving not less than 14-days-notice. Members who do not wish to accept proposed changes to the opening hours may terminate their membership in accordance with clause 7.
Emergency closure of the premises or facilities, in the event of repair and maintenance will be announced as soon as practical. Should the premises or facilities remain closed for longer than a period of two consecutive weeks, the Member may cancel the Agreement in accordance with clause 7. In addition, the Company will refund the Member for any part of their membership fee for the period during which the premises or facilities has remained closed.
13. Members Code of Conduct
The Company reserves the right to restrict and/or prevent entry of Members and guests and/or to terminate membership by reason of breach of these Terms and Conditions as set out in clause 6 above. The Company will not tolerate any un-befitting behaviour which is in its sole opinion likely to or does lower the tone of the Club. Members and guests must at all times:
Be suitably attired having regard to the occasion and/or intended use of facilities/premises.
Demonstrate good order and behaviour to each other and to the staff. The use of abusive and/or profane language and the threat of, or use of, violence will not be tolerated.
Comply with these Terms and Conditions.
Produce membership cards upon request by staff. Membership cards are not transferable.
Comply with the prevailing booking conditions and must quote membership numbers when booking facilities. No bookings shall be made on behalf of other Members.
The Company reserves the right to require any Member to make good any damage or destruction of the premises or facilities caused by the Member’s (or their guest’s) negligence, default or wrongful acts.
14. Personal Effects
For security reasons, the Members and guests are asked to store personal possessions or valuables in the lockers provided. Members and the guests of any Members are responsible for their personal possessions and vehicles (and their contents) parked in the car park (where available) and are advised not to bring valuable possessions onto the premises.
The Company’s liability for damage to a Member’s or guests of any Member’s property is limited to loss or damage incurred as a result of a negligent act or omission by the Company, its staff or agents. For the avoidance of doubt, the Company shall not be liable in contract, negligence, breach of duty or otherwise by reason of in connection with these Terms and Conditions or in any other circumstances for any indirect or consequential loss.
Our staff, agents and subcontractors are not medically qualified so if you have any doubts about your fitness or capability to exercise, we strongly recommend that you get advice from a doctor first. Please be aware that our swimming pools are not under constant supervisor. If you have a medical condition that may affect your safety or wellbeing, we strongly advise that you are accompanied whilst swimming.
Personal trainers (PT) at Yu Fitness are self-employed and any service they provide or any other third party provides is a contract between them and you. We will not be liable for, nor responsible for any monies paid to a PT or other third party. PT and other third party services are arranged directly with the trainer or third party and not with ourselves.
The Member – the person named as such on the Application Form
The Company – Apex Hotels Ltd (Company No. SC073489) having its registered office at Apex Hotels House, 1 Mid New Cultins, Edinburgh EH11 4DH T/A Apex City Quay Hotel and Spa
You – the Member
Club – Yu Spa at which you made your application to join
“List of Tariffs” – the list of prices displayed
“Agreement” – the agreement constituted by the Application Form, the Club Rules and these Terms and Conditions
The Application Pack comprises:
i)Terms and Conditions of membership
ii) Club Rules and Regulations
The Company will use its reasonable endeavours to ensure that all equipment and machinery is maintained in full working order and the Company will compensate the Member for any loss or damage which the Member may suffer if the Company fails to carry out its obligations under this Agreement or to a reasonable standard or breaches any duties imposed on the Company by law unless that failure is attributable to:
- Member’s misuse of the facilities
- Use of facilities by the Member without proper induction or supervision which the Company may offer to provide from time to time
- Member’s disregard for or breach of health and safety rules and procedures of the premises
- A type of level of exercise which is not suited to the Member’s physical limitations or otherwise aggravates ailments, disability or life-threatening conditions.
Responsibility for which rests with the Member.