"TERM AND CANCELLATION
1.1 When You have successfully completed all the steps set out at clause 2 above, Your Booking will be complete (""Service Start Date""). We will subsequently notify when You have been allocated a specific Room. The keys for Your Room will be made available to You at the residence selected by You, on the date of commencement of the term of Your AST.
1.2 The provision of Online Booking Services under this Booking Agreement shall commence at the Service Start Date and shall continue until the date of the commencement of the term of Your AST. The terms of the AST will also commence on the Service Start Date, subject to Your rights of cancellation outlined below.
1.3 Cancellation by You
1.3.1 If You wish to cancel Your Booking at any time, You should inform Us as soon as possible by contacting Our residence team using the details available on Our Contact Details. Cancellations will only be accepted in the circumstances set out below.
1.3.2 Because We start providing services under the Booking Agreement from the Service Start Date (in order to process Your Booking), You acknowledge and agree that You won't have a right to cancel the Booking Agreement from the point that You complete Your Booking. If You cancel Your Booking after the Service Start Date, We will seek to retain an amount, not exceeding £100, from Your Tenancy Deposit to cover the actual loss suffered by Us as a result of the early termination of the tenancy and refund the remainder to You, or if Your Tenancy Deposit has already been paid into a TDS then We will request the relevant TDS to refund the remainder of Your Tenancy Deposit to You.
1.3.3 You do, however, have a right to cancel the separate AST contract (and therefore Your Booking) where:
1.3.3.1 this is Your first year of study as an undergraduate or postgraduate and You provide evidence (confirmation from the University) to Us by e-mail or in writing no later than 48 hours after receiving notification that You have not been accepted by the University of Your choice (for example by not achieving the required A level or pre-sessional course results) and wish to cancel Your Booking; or
1.3.3.2 You find a replacement tenant, acceptable to Liberty Living, who wishes to replace You as occupier of Your Room and enter into an AST with Liberty Living on terms equal to the AST entered into by You;
1.3.3.3 You choose to cancel for any other reason in which case: You may only do so by contacting Our residence team within 14 days of the Service Start Date (defined above), but in all cases with a cut off date of 28 days prior to the date of commencement of the term of Your AST.
1.3.4 If You cancel the AST in one of the valid circumstances set out in clause 4.3.3:
1.3.4.1 We will seek to retain an amount, not exceeding £100, from Your Tenancy Deposit to cover the actual loss suffered by Us as a result of the early termination of the tenancy and refund the remainder to You, or if Your Tenancy Deposit has already been paid into a TDS then We will request the relevant TDS to refund the remainder of Your Tenancy Deposit to You.
1.3.4.2 You will not be required to make any Future Payments; and
1.3.4.3 We may re-allocate Your Room.
1.4 Cancellation by Us
We may have to cancel Your Booking if We are unable to allocate You a Room matching Your Booking due to any cause beyond Our reasonable control which prevents Us from providing the Online Booking Services or fulfilling any of Our other obligations under this Booking Agreement which includes but is not limited to unanticipated excessive demand, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God (""Events Beyond Our Control""). In the event that We have to cancel Your Booking, We may terminate this Booking Agreement by giving You notice in writing by email. In the event of such cancellation by Us, We will cease to provide the Online Booking Services, We may re-allocate Your Room and We will refund Your Tenancy Deposit or if Your Tenancy Deposit has already been paid into a TDS then We will request the relevant TDS to refund Your Tenancy Deposit and We will cancel the Future Payments.
1.5 We may also have to cancel Your Booking if the successful processing of a Debit / Credit Card payment for the Tenancy Deposit and a mandate for the Future Payments do not occur within (7) days of You completing Your Booking or, if earlier, by the start-date of Your AST. In these circumstances, we may terminate this Booking Agreement by giving You notice in writing by email. In the event of such cancellation by Us, We will cease to provide the Online Booking Services, We may re-allocate Your Room, We will refund Your Tenancy Deposit or, if relevant, request the TDS to refund it to You directly if processed outside of such time limit and We will cancel the Future Payments.
1.6 We may also suspend the Online Booking Services and terminate the Booking Agreement without notice in the following circumstances:
1.6.1 if You breach any of Your obligations under this Agreement;
1.6.2 if We do not receive a completed Guarantor’s Form within (7) days from the completion of Your Booking in accordance with clause 2.5; or
1.6.3 if bankruptcy proceedings are brought against You, or if You do not pay a court judgment on time, or if You make an arrangement with Your creditors or if Your assets are the subject of any form of seizure.
1.6.4 In the event of such cancellation by Us, We will cease to provide the Online Booking Services, We may re-allocate Your Room, We will seek to retain an amount, not exceeding £100, from Your Tenancy Deposit to cover the actual loss suffered by Us as a result of the early termination of the tenancy and refund the remainder to You, or if Your Tenancy Deposit has already been paid into a TDS then We will request the relevant TDS to refund the remainder of Your Tenancy Deposit to You and We will cancel the Future Payments."
