1. Definitions and interpretation
Business Day – means a day other than a Saturday, Sunday or bank or public holiday in England;
Service Package – means a package of Services included in the Keys Lifestyle Concierge programme
Membership Card – means the card issued to the Member or nominated User upon joining Keys Lifestyle Concierge by Keys Lifestyle Concierge
Service Package Levels – levels of categories of Service Package relating to any Keys Lifestyle Concierge programme
Keys Lifestyle Concierge – means KEYS CONCIERGE LIMITED a company incorporated in England and Wales under number 10272132, whose registered office is at 1 Bedford Row, London, England, WC1R 4BZ
Keys Credits – means credits which may be awarded by Keys Lifestyle Concierge to the Member or nominated User upon joining Keys Lifestyle Concierge and/or at the time of any qualifying purchase of Services by the Member or nominated User to be used towards the purchase of a range of worldwide leisure and travel products through the Keys Lifestyle Concierge programme
Order – means any order or request made by the Member or nominated User with Keys Lifestyle Concierge for the supply of goods and/or Services by Keys Lifestyle Concierge or by any Supplier
Performance Time – means the time at which Services are (or are deemed to be) performed for the Member or nominated User
Performance Location – means the location set out in any Order to which Keys Lifestyle Concierge or the applicable Supplier shall deliver, or procure the performance of, Services
Price – means the price of any of the Services provided by Keys Lifestyle Concierge or the applicable Supplier(s)
User – the person or persons nominated by the Member able to use the Keys Lifestyle Concierge services upon enrolment and acceptance by Keys Lifestyle Concierge
Services – means, as the context permits, the services supplied or arranged by Keys Lifestyle Concierge to or for the Member or nominated User, generally as part of the Service Package
Supplier – means any supplier engaged by Keys Lifestyle Concierge on behalf of and as an agent for a Member or nominated User to provide goods and/or Services to that Member or nominated User
VAT – means value added tax, as defined by the Value Added Tax Act 1994
Website – means the website located at https://www.keys-concierge.com/
1.2.2 a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns;
1.2.3 a reference to a ‘person’ includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns
1.2.4 a reference to a gender includes each other gender;
1.2.5 words in the singular include the plural and vice versa;
1.2.6 any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words
1.2.9 a reference to ‘writing’ or ‘written’ includes email correspondence.
2. Service Package
2.1 Subject to acceptance of the application for a Service Package and receipt of the Joining Fee and first year Service Package fee from the applicable Member, Keys Lifestyle Concierge will issue each Member and nominated User with a Membership Card.
2.2 Each Member or nominated User is responsible for ensuring that any username and password issued by Keys Lifestyle Concierge to the Member is kept confidential. The Member or nominated User agrees to notify Keys Lifestyle Concierge immediately if the Member or nominated User believes that there has been any unauthorised use of the Member or nominated User s’ username and password.
2.3 Keys Lifestyle Concierge may offer, suspend, amend, and/or cease to offer or limit access to newly created programmes and/or their benefits and terms in its sole discretion. Eligibility for Service Packages including such programmes will be determined by Keys Lifestyle Concierge in its sole discretion and additional fees may be charged and additional or alternative terms and conditions may apply in connection with such programmes (including those of any third parties who provide products or services available through such programmes).
2.4 Any descriptive matter or advertising issued by Keys Lifestyle Concierge, and any descriptions or illustrations contained in Keys Lifestyle Concierge’s catalogues or brochures or on the Website, are issued or published for the sole purpose of giving an approximate idea of the goods or services described in them. They shall not form part of any contract for such goods or services nor have any contractual force.
2.5 The basis of issue and use of Keys Credits shall be at the sole discretion of Keys Lifestyle Concierge and may vary depending on the programme(s) and the relevant Service Package Level(s).
3. The Member and nominated User’s obligations
3.1 The Member and nominated User shall:
3.1.1 Ensure that the terms of any Order are complete and accurate;
3.1.2 Undertake to co-operate with Keys Lifestyle Concierge in all matters relating to the Services, Member or nominated User engagement being vital to the successful performance of Services;
3.1.3 Provide Keys Lifestyle Concierge and any Suppliers, their employees, agents, consultants and subcontractors, with access to the Member or nominated User ’s premises, office accommodation and other facilities where reasonably required for the provision of the Services;
3.1.4 Provide Keys Lifestyle Concierge and its Suppliers with such information and materials as Keys Lifestyle Concierge or its Suppliers may reasonably require for the purpose of supplying the Services, and ensuring that such information is accurate in all material respects.
3.2 If the performance by Keys Lifestyle Concierge , or by any Suppliers of any of their obligations under the contract relating to any Order is prevented or delayed by any act, omission or failure by the Member or nominated User to perform any relevant obligation:
3.2.1 Keys Lifestyle Concierge shall without limiting its other rights or remedies have the right to suspend performance of the Services. Any such default will relieve Keys Lifestyle Concierge and/or the Supplier from the performance of any of its obligations to the extent that the default prevents or delays performance of any of its obligations; and
3.2.2 Keys Lifestyle Concierge shall not be liable for any costs or losses sustained or incurred by the Member or nominated User arising directly or indirectly from Keys Lifestyle Concierge‘s or the Supplier’s failure or delay to perform any of its obligations as set out in this clause 3.2.
3.2.3 If you have accepted a promotional accommodation offer at a discounted rate as a Keys client you are required to attend a morning or afternoon meeting with your lifestyle Manager during your stay at any of the resorts. If this requirement is not fulfilled you will be expected to pay the full rental price of the the accommodation. This fun and informative meeting will have a minimum attendance requirement.
4. Supply of Services
4.1 Keys Lifestyle Concierge agrees to supply or arrange the supply of Services to the Member or nominated Users in accordance with Orders received from the Member or nominated Users that are accepted by Keys Lifestyle Concierge and subject to availability of such Services. The procedure for ordering Services is set out in clause 5.
4.2 If any product or Service subject to any Order is not available, Keys Lifestyle Concierge may in its sole discretion offer the Member or nominated User a substitute product or Service of a similar description and standard. In such cases, the Member or nominated User may in its sole discretion accept or refuse such substitute product and/or Service and where refused, the Member or nominated User may request a full refund of any payment already been made to Keys Lifestyle Concierge or to the Supplier for the unavailable product or Service.
4.3 Keys Lifestyle Concierge and any Suppliers shall have the right to make any changes at any time to the Services which are necessary to comply with any applicable legislation or safety requirements. Keys Lifestyle Concierge or the Supplier shall notify the Member in any such event.
5.1 The Member or nominated User may get in touch with our concierges via telephone on 0800 0869044 (from 9.00 – 20.00 every day), or alternatively, at any time via email, the Website or by providing Keys Lifestyle Concierge with a written order for goods and/or Services.
5.2 All Orders are subject to acceptance by Keys Lifestyle Concierge and the relevant Supplier. Keys Lifestyle Concierge may accept or reject each Order in its absolute discretion. Any Order for goods and/or Services shall only be deemed to be accepted when Keys Lifestyle Concierge issues written acceptance of the Order at which point and on which date a contract shall come into existence in relation thereto.
5.3 The Member or nominated User acknowledges and accepts that any contract for the supply of goods and/or Services pursuant to an Order, is between the Member or nominated User and the relevant Supplier, and Keys Lifestyle Concierge will not be a party to such contract. The relevant Suppliers are solely responsible for the provision of corresponding goods and/or Services ordered by Keys Lifestyle Concierge on behalf of the Member or nominated User from time to time. Keys Lifestyle Concierge shall communicate with the relevant Supplier(s) on behalf of the Member or nominated User in relation to such Orders unless Keys Lifestyle Concierge considers it more appropriate for the nominated Member or nominated User to communicate with the Supplier directly.
5.4 Provision of goods and/or Services pursuant to any Orders shall be subject to any terms and conditions specified by the relevant Supplier(s) and are binding on the Member or nominated User from the time of the relevant Order. Any requests for amendment, cancellation, refund, return or exchange of any contracts made with Suppliers must be notified to the relevant Supplier directly and will be subject to such Supplier’s terms and conditions. Keys Lifestyle Concierge shall have no liability to the Member or nominated User where the amendment or cancellation of such contracts or the refund, return or exchange of goods ordered is not accepted by the Supplier.
5.5 Time of Performance is not of the essence. Keys Lifestyle Concierge shall use its reasonable endeavours to meet Performance Times but such dates are approximate only.
5.6 Keys Lifestyle Concierge shall not be liable for any delay in or failure of performance caused by:
5.6.1 the Member or nominated User s failure to: (i) make the Performance Location available, (ii) prepare the Performance Location in accordance with Keys Lifestyle Concierge ‘s instructions OR as required for performance and supply of the Services or (iii) provide Keys Lifestyle Concierge with adequate instructions for performance and supply or otherwise relating to the Services; or
5.6.2 Force Majeure.
6. Failure or delay in performance
6.1 If Keys Lifestyle Concierge is prevented or delayed in performing the Services by any cause attributable to the Member or nominated User , Keys Lifestyle Concierge (without prejudice to its other rights):
6.1.1 may suspend performance of the Services until the default is remedied; and
6.1.2 shall not be liable for any costs or losses sustained by the Member or nominated User as a result of such suspension.
7. Charges and payment for Services
7.1 The Member or nominated User is responsible for payment in respect of any Order for goods and/or Services to the relevant Supplier. Payment shall be due immediately upon acceptance of the Order by the relevant Supplier.
7.2 Keys Lifestyle Concierge shall have no liability or responsibility in respect to any payment card details provided by the Member or nominated User for the purpose of ordering and paying for any product or service on the Member or nominated User’s behalf, where Keys Lifestyle Concierge acts in accordance with the Member or nominated User’s instruction in relation thereto. Keys Lifestyle Concierge will, however, use its reasonable endeavors to maintain the safekeeping of any sensitive information.
7.3 The Member or nominated User acknowledges and agrees that a service fee or handling charge may be payable to Keys Lifestyle Concierge for the provision or procurement of certain products and/or services. We will notify the Member or nominated User in advance where such a service fee or handling charge is payable and the amount thereof and in such event the Member or nominated User will be responsible for payment of any such service fee or handling charge to Keys Lifestyle Concierge in addition to the cost of the relevant products and/or services ordered by the Member or nominated User or on the Member or nominated User’s behalf.
7.4 The Member or nominated User shall be responsible for payment of any value added tax (VAT) chargeable in respect of any taxable supply for VAT purposes made to the Member or nominated User and for any applicable customs duties or other taxes due in respect of goods and/or Services supplied to the Member or nominated User.
8. Termination and Post-Termination
8.1 On termination of this Agreement for any reason:
8.1.1 no further use of the Keys Lifestyle Concierge Service is permitted;
8.1.2 the nominated Member or nominated User status of the Member in question will cease to exist and the Membership Card will need to be return or destroyed accordingly; and
8.1.3 the accrued rights and liabilities of the Parties (including any rights in relation to breaches of contract) shall not be affected.
Keys Lifestyle Concierge may vary the terms and conditions of this Agreement from time to time, upon reasonable notice. Keys Lifestyle Concierge will notify the Member of any such changes in writing.
10. Governing Law
This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims).