Terms and Conditions
TERMS USED IN THE REGULATIONS
“The Agent” is “Fort Apartment Ltd”, the marketing and booking agent for Fort Apartment, contactable via details provided on the “Contact Us” page.
“The Provider” is “Fort Apartment”, a company that rents the Apartment for the Guest under the Agreement. Authorized employees or agents of the Provider are entitled to act on behalf of the Provider according to the present Regulations.
“The Agreement” is the Apartment rental agreement between the Guest and the Provider, provided and signed by both parties at check-in.
“The Apartment” is an apartment provided by the Provider to the Guest under the Agreement.
“The Customer” is the person who books the Apartment for the Guest.
“The Guest” is the person that makes the Agreement with the Provider as a result of the request made by the Customer. The Guest and the Customer may be the same person.
“The Residents” are all individuals, including the Guest, that use the Apartment between check-in and check-out time stated in the Agreement.
“Provider’s web-site” – www.fortapartment.com
2.1 Upon Customer’s compliance with articles 1.6 and 1.7 of the present Regulations, the Provider guarantees accommodation of the Guest in the booked Apartment in accordance with the conditions stated in the Booking Confirmation.
2.1.1 The Provider reserves the right to accommodate the Guest at an apartment of equivalent or better quality (i.e. with the same or larger number of rooms, of the same or better class) in exceptional cases without increasing the rent. In that case the Guest has the right to decline the offered apartment. If the Guest refuses to rent the proposed apartment before he moves into it, then he does not have to pay the penalty stated in the article 4.3 of the present Regulations and the Provider must return the Guest and/or the Customer the received prepayment and the rent, and pay the Guest a penalty that amounts to one night rent of the Apartment.
2.2 The Customer undertakes to inform the Provider in writing before 24:00 of the day that precedes the check-in date stated in the Booking Confirmation about: (a) exact time of the Guest’s arrival at the Apartment if the Provider meets him at the Apartment, or (b) arrival time, city of departure and flight/train number if the Provider meets the Guest in the airport or at the railroad station. Unless otherwise stated in the Booking Confirmation, the check-in time cannot be earlier than 14:00.
2.2.1 If the Customer provides information stated in article 2.2 of the present Regulations before 24:00 of the day that precedes the check-in date stated in the Booking Confirmation, then the Provider guarantees meeting the Guest at the time stated by the Customer.
2.2.2 If the Customer provides information stated in article 2.2 of the present Regulations after 24:00 of the day that precedes the check-in date stated in the Booking Confirmation then meeting will be arranged upon mutual agreement of the Parties as soon as the Customer gets in touch with the Provider.
2.2.3 If the Customer does not provide information stated in article 2.2 of the present Regulations before 24:00 of the check-in date stated in the Booking Confirmation, then booking of the Apartment is considered canceled by the Customer and the Provider reserves the right to offer the Apartment for rent to other clients. In that case the Customer pays the penalty in accordance with article 4.3 of the present Regulations.
2.2.4 If the Guest is more than 30 minutes late for the agreed meeting with the Provider, then the Guest undertakes to immediately inform the Provider and agree with him on a new meeting time that will suit both parties. If the Customer or the Guest does not inform the Provider that he is running late and is not available at the phone numbers given to the Provider, then the Provider has the right to leave the agreed meeting place 60 minutes after the agreed meeting time. In that case, meeting time is determined upon mutual agreement of the Guest and the Provider after the Customer or the Guest contacts the Provider. If the Guest or the Customer does not contact the Provider 3 hours after the agreed meeting time and do not agree upon the new meeting time then the booking of the Apartment is considered canceled by the Customer and the Provider reserves the right to rent the Apartment to other guests from the subsequent calendar day. In that case the Customer pays the penalty stated in article 4.3 of the present Regulations.
2.3 The Provider guarantees providing the Guest with the Apartment in the condition suitable for accommodation and without noticeable differences from the description of the Apartment on the Provider’s web-site.
2.3.1 If the Guest notices substantial differences of the Apartment from its description on the Provider’s web-site, the Guest undertakes to immediately inform the Provider about that. The Provider undertakes to immediately agree with the Guest on a deadline for fixing these discrepancies and resolve the issue before that deadline.
If the discrepancies are not fixed before the set deadline, the Guest has the right to refuse to stay at the Apartment. In that case, the Provider undertakes to: agree with the Guest on the date of pre-schedule check-out, and provide the Guest with a similar or a better quality Apartment without increasing rent or return the Guest and/or the Customer the received deposit and the rent for the period after the pre-schedule check-out date, and pay the penalty to the Guest that amounts to one night rent at the Apartment.
2.4 The Provider reserves the right to refuse to accommodate the Residents at the Apartment without refunding the deposit in the following cases:
2.4.1 If the number of the Residents exceeds the maximum allowed number stated in the Apartment description on the Provider’s web-site.
2.4.2 If the Residents are accompanied by a pet.
2.4.3 If the Guest does not sign the Agreement before or during check-in.
2.4.4 If all the Residents do not show their passports to the Provider or do not allow him to record their passport information. And if all of them do not sign the notification forms required by law.
2.4.5 In all other cases when the Provider considers that accommodation of the Residents may endanger the Apartment or the property in the Apartment, cause conflicts or complains from the neighbors or other undesirable consequences.
2.5 The Guest or the Provider undertake to sign the Agreement no later than the Guest moves into the Apartment.
3.1 The Guest guarantees to fully pay the rent for staying at the Apartment via the Agent’s website upon booking, else in the circumstances referenced in 1.3, no later than check-in, and agrees that in the event of a lost key, a charge of $50 per key will be made to the Guest’s credit card or be payable in cash at check-out;
3.2 If the guest rents the Apartment for more than thirty nights, he has the right to split the payment upon agreement with the Provider and in accordance with the following conditions:
3.2.1 The Guest undertakes to pay thirty-nights rent no later than stated in articles 3.1. of the present Regulations.
3.2.2 The Guest undertakes to pay for at least thirty nights stay or to fully pay for his stay until the intended check-out date no later than three business days before each paid period ends.
3.3 If the Guest delays a payment to the Provider, the Guest is obliged to pay, at Provider’s request, the penalty of 1% of the delayed amount for each day of the delay.
3.4 If the payment is not made in full and on time in accordance with articles 3.1 and 3.2 of the present Regulations, the Provider reserves the right to unilaterally cancel the agreement with the Guest. In that case the Guest undertakes to fully pay for the period of actual stay at the Apartment and the penalty fee stated in the article 3.3 of the present Regulations within two business days from the check-out of all Residents from the Apartment.
3.4.1 If the Agreement is canceled, the Residents are required to vacate the Apartment upon the Provider’s first request. In case of non-observance of this condition, the Provider reserves the right to relocate Residents’ belongings from the Apartment to the Provider’s storage and to change the Apartment’s lock in order to avoid unauthorized use of the Apartment by the Residents. The Provider guarantees to return the Residents’ belongings once the Guest completely fulfills his obligations under the present Regulations and the Agreement. Belongings are returned to the Guest at the Provider’s storage; the Provider guarantees to inform the Guest about the location of the storage upon Guest’s request. The Provider is not responsible for the safety of the Residents’ belongings.
3.5 The Customer has the right to carry the Guests’ payment liabilities under the conditions of the present Regulations and the Agreement if the Customer informs the Provider about that in the body of the Booking Request.
3.6 The Provider has the right to offset any demands of the Provider to the Customer and the Customer to the Provider as well as any demands of the Provider to the Guest and the Guest to the Provider.
4.1 If the Customer or the Guest decide to cancel or amend the booking, he undertakes to immediately undertake this action on the Provider’s website
4.2 If the Customer or the Guest cancel or amend the booking, then the booking made before will be considered canceled. Any amended booking will be subject to the availability of the previously booked apartment or any other apartment on the Provider’s web-site. The Provider is not required to provide accommodation in the event of a cancellation or amendment and the Customer or Guest’s discretion..
4.2.1 If after alteration, the new cost is higher that what the Guest has already paid, then the Guest will make a corresponding additional payment in accordance with the terms of part 3 of the present Regulations.
4.2.2 If after alteration, the new cost is lower that what the Guest has already paid, then the Provider will refund the Guest with the difference less the amount of penalty, identified in p.4.3 of the present Regulations, within 3 working days.
4.3 If the Customer or the Guest either (a) cancel booking of the Apartment; or (b) change the check-in date to a later one; or (c) change the check-out date to an earlier one, then the Customer undertakes to pay the Provider the penalty in the amount of one night rent of the Apartment.
4.3.1 If the Customer or the Guest inform the Provider in writing about cancellation of booking or a change of the check-in date no later than 10 calendar days before the check-in date stated in the Booking Confirmation, then the Guest is not charged the penalty stated in article 4.3. of the present Regulations. If the Customer or the Guest inform the Provider in writing about the change of the check-out date earlier than 10 calendar days before the check-out date stated in the Booking Confirmation, then the Guest is not charged the penalty stated in article 4.3 of the present Regulations
5.1 Unless stated otherwise in the Booking Confirmation, linen/towel change once a week (upon mutually agreed schedule) and cleaning twice a week (in accordance with the list of cleaning tasks located at the Apartment) are included in the price of accommodation. Otherwise, cleaning and linen/towel change services are rendered in accordance with conditions stated in the Booking Confirmation. Cleaning and linen/towel change services that are included in the accommodation price are obligatory and may not be canceled or exchanged for other services.
5.2 The Customer and/or the Guest may order additional cleaning and/or linen/towel change at extra charge upon agreement with the Provider. All additional services that are not definitely stated in the present Regulations and/or the Agreement are offered at extra charge upon agreement with the Provider.
5.3 The Provider guarantees to maintain the Apartment and all property in it in the working condition.
5.3.1 In case of disrepair, breakdown or danger of breakdown at the Apartment:
5.3.1.1 The Guest undertakes to immediately inform the Provider about that;
5.3.1.2 If the disrepair may endanger health of the Guest or damage to his belongings, the Provider guarantees to fix it immediately;
5.3.1.3 If the disrepair will not cause danger to the Guest’s health or damage to his belongings, the Provider guarantees to fix it within one business day after the Guest informed the Provider about the disrepair;
5.3.1.4 If it is necessary to invite outside specialist (not one of the Provider’s employees) or to obtain materials/accessories with long delivery time in order to fix the disrepair, the Provider has the right to postpone fixing of the disrepair till the moment of arrival of the necessary materials/accessories and/or till the moment of arrival of the outside specialists at the Apartment for repair.
5.3.2 If the stay at the Apartment becomes impossible (due to flooding, fire or complaints from a third party or serious disrepairs, etc.) for reasons not caused by the Guest, the Guest undertakes to immediately inform the Provider about that. The Provider and the Guest guarantee to sign the Act within one business day describing factors that prevent further stay at the Apartment. The Provider guarantees immediately upon signing the Act with the Guest to: either (a) remove the factors that prevent further stay at the Apartment; or (b) offer the Guest an equivalent or better quality apartment without increasing the accommodation price; or (c) return the Guest and/or the Customer the received deposit, return the received rent for the period after the signature date of the Act, and pay the penalty to the Guest equal to one night rent of the Apartment.
5.4 The Guest and the Customer undertake to keep the Apartment and the property in it secure and preserve the Apartment in proper condition.
5.4.1 If the Apartment, or any property in it, or any property in the neighboring apartments or in the building where the Apartment is located are damaged by the fault or gross negligence of the Residents or their visitors:
5.4.1.1 The Guest and the Provider undertake to sign an Act describing the damage within one business day;
5.4.1.2 The Guest guarantees to reimburse the Provider the cost of fixing or replacing the damaged property within one business day from the date of signing the Act;
5.4.1.3 The Provider reserves the right to unilaterally cancel the Agreement with the Guest. In that case the Provider guarantees, that at the moment the Guest fully compensates the damage, the Provider will return the received rent for the period after the date of actual check-out of the Residents.
5.4.1.4 If the Agreement is canceled, the Residents are required to vacate the Apartment upon the Provider’s first request. In case of non-observance of this condition, the Provider reserves the right to relocate Residents’ belongings from the Apartment to the Provider’s storage and to change the Apartment’s lock in order to avoid unauthorized use of the Apartment by the Residents. The Provider guarantees to return the Residents’ belongings once the Guest completely fulfills his obligations under the present Regulations and the Agreement. Belongings are returned to the Guest at the Provider’s storage; the Provider guarantees to inform the Guest about the location of the storage upon Guest’s request. The Provider is not responsible for the safety of the Residents’ belongings.
5.5 The Provider reserves the right to visit the Apartment for cleaning, maintenance, verification of way it is used and its condition. The Customer and the Guest agree to let the Provider visit the Apartment.
5.6 The Provider guarantees integrity and decency of the service staff and undertakes to maintain proper level of security at the Apartment. The Provider is not responsible for the Residents’ belongings that are kept at the Apartment.
6.1 The Residents guarantee to use the Apartment solely for accommodation. The Guest is obliged to prevent the use of the Apartment by more Residents than stated in the Apartment description on the Provider’s web-site.
6.2 The Guest undertakes not to sublease totally or partially the Apartment or the property in it. If a sublease contract is signed, such contract will be invalid.
6.3 The Residents undertake to follow the rules of usage of residential property, maintenance of residential buildings and surrounding areas that are valid on the territory of Lagos and/or Nigeria.
6.4 The Residents guarantee to avoid provoking conflicts with the neighbors and complaints from the neighbors.
6.5.1 The Residents undertake to follow fire and sanitary regulations at the Apartment.
6.5.2 The Residents undertake not to smoke inside the Apartment. If Residents are found to have been smoking inside the apartment, an additional $100 cleaning fee will be charged.
6.6 The Customer and the Residents do not have the right to conduct any improvements at the Apartment without a written agreement from the Provider. The Customer and the Residents do not have the right of reimbursement of the cost of improvements made by them at the Apartment. The Customer and the Residents are required to pass the improvements to the Provider upon departure from the Apartment.
6.7 The Residents have the right to use common areas of the building where the Apartment is located. They are to use them in the manner that will not cause any inconvenience to other residents of the building, the Residents undertake not to block common areas and not to prevent other residents from accessing their apartments.
6.8 The Residents are not allowed to have pets at the Apartment.
6.9 If a Resident violates one of the articles 6.1 to 6.8 of the present Regulations:
6.9.1 The Provider undertakes to inform the Guest about the violation.
6.9.2 The Guest is obliged to immediately stop the violation, mitigate any effect of the violation and reimburse any damage that was caused by the violation to the aggrieved party within one calendar day after the Provider informs him of the violation.
6.9.3 The Provider reserves the right to unilaterally cancel the Agreement with the Guest. In that case the Provider guarantees, that at the moment the Guest fully compensates the damage, the Provider will return the received rent for the period after the date of actual check-out of the Residents.
6.9.4 If the Agreement is canceled, the Residents are required to vacate the Apartment upon the Provider’s first request. In case of non-observance of this condition, the Provider reserves the right to relocate Residents’ belongings from the Apartment to the Provider’s storage and to change the Apartment’s lock in order to avoid unauthorized use of the Apartment by the Residents. The Provider guarantees to return the Residents’ belongings once the Guest completely fulfills his obligations under the present Regulations and the Agreement. Belongings are returned to the Guest at the Provider’s storage; the Provider guarantees to inform the Guest about the location of the storage upon Guest’s request. The Provider is not responsible for the safety of the Residents’ belongings.
6.10 Utilities and power bills related to the Apartment, fixed monthly payments for the phone installed at the Apartment are paid by the Provider.
6.11 Bills for international and long-distance calls and other paid services ordered from the phone installed at the Apartment during Guest’s stay are paid by the Guest.
6.11.1 At some apartments limited number of international and long-distance calls through a special access number is included in the accommodation price. If that service is offered in your Apartment, then the Instructions on how to use it will be located at the Apartment. Calls that are made by the Residents not through the special access number or not according to the Instructions, are paid by the Guest. If the Guest exceeds the amount of calls included in the accommodation price (that amount is stated in the Instructions), then the Guest is obliged to pay for the calls that exceed the amount of calls included in the accommodation price.
6.12 The Guest undertakes to fully pay before check-out from the Apartment for: (1) Apartment rent; (2) all services rendered to him by the Provider; (3) paid services ordered from the phone installed at the Apartment during Guest’s stay; (4) all goods and services, ordered by the Guest to the address or the phone number of the Apartment.
6.12.1 If the Guest does not pay for all goods and services stated in the article 6.12 of the present Regulations before check-out from the Apartment, then the Provider undertakes to provide the Guest with copies of the received bills for the above services via e-mail or fax. The Guest undertakes to pay for such bills within two business days from the date of receipt of the bills.
6.12.2 The Provider reserves the right to unilaterally recover the debt by charging the Guest’s credit card.
6.13 The Residents are obliged to vacate the Apartment and take all their belongings with them in the presence of the Provider no later than the check-out time stated in the Agreement. Unless other specific check-out time is stated in the Booking Confirmation, the check-out time cannot be later than 12:00 of the check-out day.
6.13.1 The Guest undertakes to inform the Provider about the exact check-out time from the Apartment no later than 14:00 of the day that precedes the check-out day. If the Customer or the Guest do not inform the Provider about the exact check-out time before 14:00 of the day that precedes the check-out day, then the Provider does not guarantee seeing off the Residents from the Apartment at the time stated by the Guest. In that case, time of seeing off is determined upon mutual agreement of the Guest and the Provider, but may not be later than the check-out time stated in the Agreement.
6.13.2 If the Residents do not comply with the conditions stated in the article 6.13 of the present Regulations, the Provider reserves the right to relocate Residents’ belongings from the Apartment to the Provider’s storage and to change the Apartment’s lock in order to avoid unauthorized use of the Apartment by the Residents. The Provider guarantees to return the Residents’ belongings once the Guest completely fulfills his obligations under the present Regulations and the Agreement. Belongings are returned to the Guest at the Provider’s storage; the Provider guarantees to inform the Guest about the location of the storage upon Guest’s request. The Provider is not responsible for the safety of the Residents’ belongings.
6.14 The Guest undertakes to return to the Provider all key sets that he received at check-in and during his stay.
6.14.1 If the Guest fails to return to the Provider all the key sets at check-out, the penalty mentioned in the point 3.1. of the present Regulations will apply.
6.15 The Guest undertakes to inform the Provider of the number of people staying in the Apartment during the booking process, or at any time thereafter in event of a change. In any case, the number of Residents at the Apartment may not exceed the maximum specified on the Provider’s web site.
7.1 The Provider guarantees that he has all legal rights to lease the Apartment, that the Apartment is free of any claims and any rights of third parties.
7.2 The Customer, the Guest and the Residents are jointly and severally responsible for default in performance of obligations under the present Regulations and the Agreement.
7.3 If the conditions of the Agreement contradict the conditions of the present Regulations, conditions of the Agreement have priority. If the conditions of a cooperation (agent) agreement between the Customer/Guest and the Provider contradict the Agreement or the present Regulations, the conditions of cooperation (agent) agreement have priority.
7.4 By ordering and/or using Provider’s services, the Customer, the Guest and the Residents undertake responsibility for complying with the present Regulations.
7.5 Present Regulations are placed on the Provider’s web-site at the following address: fortapartment.com/terms-and-conditions/. The Provider reserves the right to amend the present Regulations without informing the Customer, the Guest or the Residents.
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