Terms & Conditions

SCHEDULE 1: CONTRACT FOR RESIDENCE-TERMS AND CONDITIONS

This Booking Details – Contract for Residence and Contract for Residence - Terms and Conditions (together referred to as "Contract” or “Agreement") is made and effective the date specified in the Booking Details by and between KSK Homes LLC (“Property Operator”) having its address at P.O. Box 30656, Dubai, U.A.E. and Resident at Dubai, United Arab Emirates. This Contract creates joint and several liability in the case of multiple Residents.

WHEREAS

The sole purpose of this Contract is to provide the use of communal residential accommodation to the Resident to enable them to undertake a course of study with a registered University in the United Arab Emirates.
The Accommodation is a part of a communal residential environment and this Contract does not, and is not intended to create a tenancy of the Accommodation or the Premises. The Resident is also being given the right to use the Contents of the room and the Common Areas in the Premises, and residence car park (with the written permission from the Property Operator) for its intended purpose and does not have exclusive possession of the Accommodation.

NOW THIS CONTRACT WITNESSTH AS UNDER

DEFINITIONS.
1. Accommodation shall have the meaning ascribed to the term under clause 3.
2. Accommodation Fees refers to the amount specified in clause 5 of the Agreement for use of Accommodation, Common Areas, Contents and Incidental Services payable in the manner set out in clause 5 of the Agreement.
3. Contract for Residence-Terms and Conditions means this contract entered into between Resident, Guarantor and Property Operator.
4. Booking Details means Booking Details – Contract for Residence as duly filled out and signed by the Resident and Guarantor.
5. Business Day shall refer to all days (except Friday, Saturday and other public holidays) when the banks are open in the United Arab Emirates for carrying out the regular banking activities.
6. Common Areas may include residence parking, entrance, lobby, stairs, corridors, kitchen, laundry, courtyards, study rooms, elevators, lounges, gymnasium, swimming pool, and any other Common Areas within the Premises and any other part of the property which may be required for gaining access to the Premises.
7. Contents include walls, floors, carpets, false celling, windows, furniture, fixtures, fittings, equipment and any other thing / amenity (whether or not expressly listed in this Agreement) provided by the Property Operator for use of the Resident
8. Guarantor shall mean the person listed out in the Booking Details who is the parent / legal guardian of the Resident.
9. Incidental Services shall refer to hot and cold water, electricity, central air conditioning and drainage for the room and Common Areas; Lighting, air conditioning, cleaning, maintaining and operating of all the Common Areas; Pest control and garbage disposal of domestic garbage; insurance, and repair of the residence room (excluding the damage caused by the Resident).
10. Premises shall mean and include KSK Homes, Dubai International Academic City, P.O. Box 30656, Dubai together with rooms, Common Areas, yard and the car parking.
11. Property Operator shall mean company authorized and licensed to operate, collect the Accommodation Fees for KSK Homes property including its authorized representatives.
12. Rules and Regulations shall refer to the rules that may be prescribed by the Property Operator for use of Accommodation (including any Common Areas), its Contents and Incidental Services. The said Rules and Regulations are annexed as Annexure 1 of the Agreement and bind the Resident. The same are subject to such change and modification as the Property Operator may deem fit in its absolute discretion without any prior notice or consent of the Resident who will continue to be bound by such modified Rules and Regulations.
13. Security Deposit shall mean amounts collected as Security Deposit from the Resident on terms described in clause 8 of this Contract.
14. Standard Rate shall mean the daily rate prevailing on any point of time.
15. Resident means the person whose details have been filled in the Booking Details as a resident and who shall be occupying the Premises during the Term of the Contract.
16. Tax means any tax, duties, surcharge, cess etc. levied by the authorities or the government from time to time.
17. Term means the period referred to in the Booking Details.
INTERPRETATION.
In this Contract:
1. the recitals and Annexures shall constitute an integral and operative part of this Contract;
2. all references to agreements, documents or other instruments include (subject to all relevant approvals) a reference to that agreement, document or instrument as amended, supplemented, substituted, novated or assigned from time to time;
3. unless the context otherwise requires, the singular includes the plural and vice versa;
4. headings and the use of bold typeface shall be ignored in its construction;
5. a reference to a Clause or Annexure is, unless indicated to the contrary, a reference to a clause or Annexure to this Contract;
6. “in writing” includes any communication made by letter or e mail;
7. the words “other”, “or otherwise” and “whatsoever” shall not be construed ejusdem generis or be construed as any limitation upon the generality of any preceding words or matters specifically referred to;
8. references to the word “includes” or “including” are to be construed without limitation;
9. words importing a particular gender include all genders;
10. references to any law shall include references to such law as it may, after the date of this Contract, from time to time be amended, supplemented or re-enacted;
11. words and abbreviations, which have, well known technical or trade/commercial meanings are used in the Agreement in accordance with such meanings; and
12. the rule of construction, if any, that a contract should be interpreted against the parties responsible for the drafting and preparation thereof, shall not apply.
PREMISES.
Property Operator hereby grants to Resident and Resident accepts in its present condition the right to use the Accommodation at room located at the following address: KSK Homes, Dubai International Academic City, P.O. Box 30656, Dubai (the "Accommodation") for period specified in clause 4.1. This will entitle the Resident to certain rights as more particularly set out in clause 27 of this Contract.
TERM AND TERMINATION.
1. The Term of this Contract shall be the one that has been agreed to between the parties under the Booking Details.
2. Resident can terminate the Agreement without any cause, if he provides the Property Operator a notice of 30 days prior to the intended termination. The amounts will be repaid in the manner and to the extent set out in clause 6 (Refund).
3. Property Operator can terminate the Agreement without any cause, if it provides the Resident a notice of 30 days prior to the intended termination. It shall repay the Security Deposit to the Resident subject to necessary deductions as contemplated in this Contract and any advance Accommodation Fees that it may have collected from the Resident, subject to any deductions for the time that the Resident resided at the Accommodation.
4. Re-enrollment to the Accommodation shall not be automatic. A Resident wishing to keep his room from one term to another, shall submit his request to the Property Operator who shall have complete discretion on whether or not to accept the request as well as the terms of such request. A new agreement shall be entered into between the parties at that time.
ACCOMMODATION FEES.
1. Resident agrees to pay, without demand, to Property Operator as fees for the Accommodation, its Contents and Incidental Services (together referred to as “Accommodation Fees”) the sum described in the Booking Details, at KSK Homes , Dubai International Academic City, P.O. Box 30656, Dubai, or at such other place as the Property Operator may designate.
2. The Resident agrees to pay the fees as per the installment schedule stated in the Booking Details.
3. Each installment is required to be paid in cash, by online transfer of funds to the designated bank account of the Property Operator, cheques issued from a bank account maintained in the UAE or through the use of debit / credit cards.
4. Thirty (30) days before the installment as per the Installment Schedule becomes due, Property Operator shall issue a reminder to the Resident and their Guarantor/guardian/parents for payment of next installment. If the payment is not made within one week of such reminder being issued, a second reminder will be issued Fifteen (15) days prior to the due date of such installment. If the amounts remain unpaid even after due date for payment of installment, a late payment penalty fee of One Percent (1%) of one month’s rent per day, with a fraction of a month considered as one month, shall be payable in addition to the fees till the time such default continues.
5. In the event that the Resident has overstayed their Term at the Premises, a new agreement shall be signed by both parties confirming the terms of such stay at the Premises.
REFUND
1. In the event that the Resident does not turn up to reside at the Accommodation for any reason on the confirmed date of the booking, the Resident shall be refunded the advance Accommodation Fees paid to the Property Operator. The Security Deposit shall be forfeited.
2. However, in the event the Resident does not show up on the date from which the booking is confirmed but sends a cancellation notice after this date, the Property Operator shall deduct from the advance payment, the daily room charges as per the prevailing standard rate, for the number of days that the Resident delayed sending such notice of his non-arrival. The advance payment shall be refunded to the Resident after such deduction; however, the Security Deposit shall be forfeited.
3. In the event that the Resident is not able to get their visa processed due to any physical ailment or medical condition or academic requirements or any other reason whatsoever, such that it restricts them for being granted a visa, the Property Operator will reimburse the Resident with the Security Deposit, however the Resident will be charged for each day of their stay at the Accommodation on the standard rate of the room that they have chosen. The cost of such per day stay shall be adjusted against the advance payment made by the Resident and the remaining amount shall be refunded.
4. In the event that the Resident decides to terminate the Agreement in accordance with clause 4.3, the Resident shall have to pay for one month’s Accommodation Fees to the Property Operator and the Security Deposit shall not be refunded to the Resident in such a scenario.
5. In the event that the Agreement is terminated in accordance with clause 4.2, the Property Operator shall forfeit one month’s Accommodation Fees from the Resident’s advance payment and also deduct the amount for the duration of his stay before refunding the balance from the advance payment. The Security Deposit shall be non-refundable.
6. In the event that any Agreement with a term less than or equal to thirty (30) days is terminated by the Resident, the Property Operator shall forfeit the entire security deposit and the advance payment made against the rent.
7. If the Accommodation, or any part of the Accommodation, shall be partially damaged by fire or other damage not due to Resident's negligence or willful act, or that of Resident's visitor, there shall be an abatement of Accommodation Fees corresponding with the time during which, and the extent to which, the Accommodation is untenable. If Property Operator shall decide not to rebuild or repair, the term of this Contract shall end and the Accommodation Fees shall be prorated up to the time of the damage.
8. It is understood that all refunds of the security deposit as per the terms stated hereinabove shall be effected after the final inspection of the rooms is carried out and the repairs, refurbishment or maintenance work required has been carried out. All transfer of such security deposits shall be done through bank transfers, to the account numbers provided by the Resident. The Resident agrees that all bank charges related to the transaction shall be borne by the Resident at his / her end.
NON-PAYMENT OF ACCOMMODATION FEES
1. It is agreed between the parties that if at any time:
2. In exercising its rights to repossess the Accommodation under this Contract, the Property Operator is entitled to enter the Accommodation and remove all the Resident’s belongings and prevent the Resident from entering the Premises.
3. Any person who is not the Resident and who makes payments due from the Resident under this Contract does so as agent for the Resident.
SECURITY DEPOSIT.
1. Upon confirmation of booking reservation, the Resident shall deposit with Property Operator the Security Deposit Amount as provided under the Booking Details, as security for the performance by Resident of the terms of this Contract to be returned to Resident, without interest, following the full and faithful performance by Resident of this Contract and subject to the terms contained elsewhere in this Contract. In the event of damage to the Premises caused by Resident or their guests or visitors, the Property Operator shall use the funds from the Security Deposit to carry out such repairs, maintenance or other works. It is hereby clarified that the recourse is not limited to this Security Deposit and Resident and / or the Guarantor continue to remain liable.
2. It is understood and agreed that Resident shall not attempt to apply or deduct any portion of any Security Deposit from the last or any month's Accommodation Fees or use or apply any such Security Deposit at any time in lieu of payment of Accommodation Fees. If Resident fails to comply, such Security Deposit shall be forfeited For the purposes of this clause 8.2, it shall be conclusively presumed that a Resident leaving the Premises while owing Accommodation Fees is making an attempted deduction of Security Deposit. Furthermore, any Security Deposit shall be held as a guarantee that Resident shall perform the obligations of the Agreement and shall be forfeited by the Resident should Resident breach any of the terms and conditions of this Contract. In the event of default by Resident, of any obligation in this Contract which is not cured by Resident within fifteen (15) days of being served a written notice from Property Operator, then in addition to forfeiture of the Security Deposit, Property Operator may pursue any other remedy available at law, equity or otherwise.
3. It is understood that in the event that damage to the property or furniture, fixtures etc. is caused by the Resident, the Property Operator shall undertake repairs or replace such items at the earliest at the cost of the Resident, while deducting the same from the Security Deposit of the Resident. The Resident shall however, immediately replenish the amount so deducted, failing which the Property Operator shall have the legal right to deduct the same from the advance rent paid by the Resident before entering into the Accommodation.
TAX.
The Resident agrees and acknowledges that they shall remain liable to pay any form of tax that is charged on the services being provided to them by the Property Operator as per the prevailing tax regime and laws or being introduced by the authorities from time to time.
FURNISHING OF INFORMATION.
1. Resident must provide required personal information, including a copy of his passport, university admission receipt, University / college ID card and his photo, sign all necessary forms and documents that may be required by the Property Operator before they can enjoy the possession of the Accommodation. Once the Resident is granted their visa, the Resident has to mandatorily furnish their Emirates ID copy and the United Arab Emirates valid visa copy to the Property Operator, within 30 days of their arrival at the Accommodation.
2. Guarantor must provide a proof of his / her ID (copy of passport, driver’s license or any other Government ID) and a copy of recent utility bill as a proof of his / her residence.
3. Provided that the Property Operator reserves its discretion to require the furnishing of such additional documents or grant some grace period in furnishing of the above mentioned and additional documents that it deems fit.
ROOM ASSIGNMENT AND ROOM ENTRY.
The Property Operator shall be in charge of allocating the rooms. The Residents may provide their preference of rooms to the Property Operator; however, the property operator shall allot rooms at their discretion and subject to availability. The property operator may also change rooms if they see the necessity thereof, and may refuse any request to change rooms made by a Resident if they deem that this will be detrimental to the other residents. Any entry to the Premises and other areas shall be operated and controlled by the Property Operator.
GENDER SEGREGATION POLICY.
The Property Operator maintains a strict gender segregation policy whereby, residents are allotted rooms as per their gender. Residents of the same gender can only be allotted rooms with each other in case of double occupancy. The floors in the Premises are also segregated as per this policy. It is strictly prohibited for male residents to enter into the halls, rooms or floors of female residents and vice-versa. The guests or visitors or the opposite gender cannot accompany the residents to their rooms or the floors where they are residing. Any violation of this policy shall attract a penalty and disciplinary action.
QUIET ENJOYMENT.
Property Operator agrees that if Resident pays the Accommodation Fees timely and performs the other obligations in this Contract, Property Operator will not interfere with Resident's peaceful use and enjoyment of the Accommodation, its Contents and Incidental Services.
USE OF PREMISES.
1. The Accommodation shall be used and occupied by Resident exclusively as a private residence. Neither the Accommodation nor any part of the Accommodation [or Common Areas] shall be used at any time during the term of this Contract for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private residence.
2. Resident shall comply with all the health and sanitary laws, ordinances, rules, and orders of appropriate governmental authorities and homes associations, if any, with respect to the Accommodation.
CONDITION OF ACCOMMODATION.
1. Resident agrees that he / she has examined the Accommodation, including its Contents, and confirms that they are, at the time of this Contract, in good order, good repair, safe, clean, and tenable condition.
2. An Inspection of the room shall also be carried out at the end of the Term of the Agreement or upon Resident vacating or abandoning or otherwise leaving the Accommodation, whichever is earlier and a report to this effect shall be made.
3. The Resident shall have the right to inform and apprise the Property Operator of any damage that they may come across the room during the Joint Inspection of the room allotted to them. After which, any repairs and replacement will be carried out in accordance with clause 21 of this Contract.
4. Property Operator and Resident agree that a copy of the joint inspection report the original of which is maintained by Property Operator and a copy provided to Resident, reflects the condition of the Accommodation at the commencement of Resident's occupancy and / or upon the Termination of this Contract as the case may be.
NO RESPONSIBILITY FOR RESIDENT OR HIS PERSONAL BELONGINGS
1. Resident agrees to comply with the instructions and direction of representatives and staff members of Property Operator. Resident accepts personal responsibility to ensure that any equipments used by the Resident are safe and functioning properly and to refrain from causing loss or damage to the property (whether movable or immovable) of the Property Operator.
2. Resident and Guarantor further agrees to jointly and severally indemnify and hold harmless the Property Operator for any and all claims or actions as a result of using Premises, Contents, facilities and equipment, or receiving instruction for any activities incidental thereto whatsoever, whenever, or however the same may arise.
3. In consideration of stay at the Premises, Resident and Guarantor hereby releases and covenants not-to-sue the Property Operator for any and all present and future claims (whether or not resulting from ordinary negligence on the part of the Property Operator) for property damage, personal injury, or loss of life arising as a result of Resident engaging in any activities on the Premises, using Accommodation, facilities, furniture and Contents, or receiving instruction concerning use of the same, wherever, whenever, or however the same may occur. Resident and the Guarantor hereby voluntarily waive any and all claims or actions (whether or not resulting from ordinary negligence), both present and future, that may be made by Resident’s family, estate, personal representative, heirs, or assigns. Resident and the Guarantor agree that they do not (and will not) have any right to bring an action (of any nature) against Property Operator or any company or entity managed or operated by Property Operator, or its affiliates, associates or subsidiary companies or the officers, directors, managers, shareholders or staff thereof with respect to or in connection with the use of the Premises, facilities and / or its Contents.
4. Resident is solely responsible for his / her personal property, valuables and belongings inside the Accommodation as well as in the Common Areas. Property Operator bears no responsibility for lost, damaged or missing items or for interruption of utilities or services for any reason whatsoever. The Resident agrees to keep their personal property, valuables and belongings insured at all times at their own cost.
5. For the purpose of this clause 16, any reference to Property Operator shall also include reference to the owner of Premises and the land on which the Premises are situated (which on the date of execution of this Contract is KSK Capital LLC).
ASSIGNMENT AND SUBLETTING.
Agreement is personal and may neither be transferred nor assigned to another person by the Resident. Consequently, the space may not, in any case, be sublet to anyone.

Property Operator reserves the right to assign, sublicense, transfer, create a charge over or otherwise dispose its rights and obligations under this Contract to any other Person without any prior written consent of or notice to the Resident. It is hereby clarified that Resident does not have a similar right in terms of this Contract.
VISITORS.
Visitors may visit the Resident only during the visiting hours with prior approval of the Property Operator and subject to the visitation hours at any particular time. Resident hosting the visitor shall be present in the Accommodation and accompany the visitor at all times. The Resident shall be responsible of the behavior of his / her visitor. Any violation shall entail prohibition of subsequent visits and expose the Resident to suitable action that Property Operator deems fit.

In the event that the Resident requires lodgings for their guests, the Resident shall inform the Property Operator of the same well in advance, who shall then provide suitable accommodation on the Premises for the guests, subject to availability and the standard rate of rooms applicable at that point of time. The Resident shall be responsible of the acts of their guests at all times.
ALTERATIONS AND IMPROVEMENTS.
1. Resident shall make no alterations to the Accommodation or construct any building or make other improvements.
2. The cost of restoration caused due to such alterations or constructions and improvements shall be solely borne by the Residents and the same shall be charged on the Security Deposit. If the total cost at the end of the Contract exceeds the Security Deposit, the Resident shall be fully liable to the same and shall provide such amounts upon being presented the invoices thereof.
3. All alterations, changes, and improvements built, constructed, or placed on or around the Accommodation by Resident, with the exception of fixtures properly removable without damage to the Accommodation and movable personal property, shall, unless otherwise provided by written agreement between Property Operator and Resident, be the property of Property Operator and remain at the expiration or earlier termination of this Contract.
DANGEROUS MATERIALS.
Resident shall not keep or have on or around the Accommodation any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on or around the Accommodation or that might be considered hazardous.
MAINTENANCE AND REPAIR.
1. The Property Operator shall, at Resident's sole expense, make all required repairs to the plumbing, range, oven heating apparatus, electric and gas fixtures, other mechanical devices and systems, floors, ceilings and walls whenever damage to such items shall have resulted from Resident's misuse, waste, or neglect, or that of the Resident's family, agent, or visitor.
2. Resident agrees that no signs shall be placed or painting done on or about the Accommodation by Resident.
3. Resident agrees to promptly notify Property Operator in the event of any damage, defect or destruction of the Accommodation, or the failure of any of Property Operator's appliances or mechanical systems, and except for repairs or replacements that are the obligation of Resident pursuant to clause 21.1 above, Property Operator shall use its best efforts to repair or replace such damaged or defective area, appliance or mechanical system.
4. The Property Operator reserves the right during the Term of this Contract to move the Resident to alternative accommodation only for the purpose of carrying emergency repairs provided that: (a) the Resident is given reasonable notice; (b) the Resident will occupy the alternative accommodation on the same terms and conditions of this Contract.
ANIMALS.
Resident shall keep no domestic or other animals in or about the Accommodation or Common Areas.
SECURITY.
Resident acknowledges that Property Operator provides security as per the applicable laws and regulations. The entire Premises are monitored and under the direct surveillance of all Common Areas through CCTV camera which captures the images and videos of the Premises at all times. Resident hereby agrees to such monitoring and recording and releases the Property Operator from any liability or claims arising out of such monitoring and recording of images and videos. The Resident also releases the Property Operator from loss, suit, claim, charge, damage or injury resulting from lack of security or failure of security. To avoid any theft, Resident is instructed to lock his / her room at all times.
RIGHT OF INSPECTION.
Property Operator and Property Operator's agents shall have the right at all reasonable times during the term (including the entry and exit) of this Contract to enter the Accommodation for the purpose of inspecting the Premises and/or making any repairs to the Premises or other item as required under this Contract.
COVENANTS OF THE RESIDENT.
The Resident agrees that he/she:

a)shall be bound by the terms and conditions of this Contract;

b)shall always follow the gender segregation rules while residing at the Premises and also inform their guests and visitors of the same while entering the Premises;

c)shall pay the Accommodation Fees and Security Deposit in accordance with the terms of this Contract;

d)shall use Accommodation as a private residence in a non-commercial manner;

e)shall promptly notify the Property Operator of any defects, damages or faults in the Accommodation, its Contents or Incidental Services;

f)shall be bound by and adhere to any Rules and Regulations that Property Operator may impose (including those published on its website from time to time) and amend from time to time with or without any prior notice or consent of the Resident;

g)shall permit the Property Operator to reasonably enter the Accommodation to inspect and/ or effect any repairs, including in the physical absence of the Resident;

h)understands that any breach of rules and regulations by the Resident may affect his / her future application in the Accommodation provided by the Property Operator (irrespective of whether or not this Contract gets terminated as a result of such breach);

i)acknowledges that the Accommodation is a part of a communal residential environment and any kind of anti-social behavior by the Resident or their visitors will not be acceptable to the Property Operator;

j)acknowledges that if the Accommodation is a shared room then the Property Operator reserves the right to transfer the other Resident to a different room or to introduce a replacement Resident to share the Premises with the Resident;

k)understands that he or she shall not be responsible for payment of Accommodation Fees of the Resident who is sharing his / her room;

l)shall only use the electrical and electronic appliances that match with U.A.E standards. (ESMA Standards), in the event the same are not found to be in line with the U.A.E standards, any loss or damage caused due to the use of the same shall be the sole liability and responsibility of the Resident; and

m)acknowledges that any obligation on the Resident not to do any act or thing will include an obligation to use reasonable endeavors not to permit or suffer such act or thing to be done by any other person.
COVENANTS OF THE PROPERTY OPERATOR
The Property Operator shall:

Ta)permit the Resident peaceful enjoyment of the Accommodation for the Term of this Contract without any unreasonable or unlawful interruption;

Tb)performs all its obligations under this Contract;

Tc)comply with provisions of all applicable laws;

Td)within a reasonable time, attend to all major maintenance issues including maintaining, supplying and repairing the air-conditioning, plumbing, water, sanitation (including basins, sinks, baths and sanitary conveniences), room and electrical installations. The Property Operator reserves the right to temporarily stop such services by reason of accident or emergency or to effect repairs, alterations, replacement or improvements.

Te)provide adequate insurance for Accommodation and its Contents, subject to clause 34 of this Contract.

Tf)conduct a Joint inspection of the Accommodation and its Contents at the beginning and end of the term of this Contract along with the Resident. The Property Operator is entitled to use this report with the one prepared upon final completion to assess the inventory and wear and tear.
RIGHTS OF THE RESIDENT.
Rights of the Resident include (but are not limited to) the following:

a)Right to come and go to and from the room over the Common Areas of the Premises in order to afford access;

b)Right to use the shared Contents of the room

c)Right to use the Common Areas.
RIGHTS OF THE PROPERTY OPERATOR.
Rights of the Property Operator include (but are not limited to) the following:

a)Right of access to enter the Accommodation on reasonable notice (except in case of emergency) for any purpose mentioned in this Contract;

b)Right to the free passage and running of water, soil and electricity through any pipes cables wires drains or sewers passing in or through the Accommodation.

c)Right to make and amend Rules and Regulations for use and enjoyment of Premises as it deems fit at any time without prior notification to the Resident or their Guarantors.
BREACH OF AGREEMENT AND RECOVERY OF POSSESSION.
1. If the Resident breaches the terms of this Contract or fails to fulfil any obligations under this Contract, the Resident shall within two (2) days of a written notice served upon him and/or his Guarantor pay the reasonable costs that may be incurred by the Property Operator in remedying those breaches or for enforcement of those obligations.
2. If the Property Operator (acting reasonably) considers that the Resident is jointly responsible with one or more persons for a breach of this Contract or a failure to fulfil any of its obligations under this Contract then the Resident shall pay a proportion of the costs incurred by the Property Operator in remedying such breaches or in connection with the enforcement of those obligations. The proportion will be determined by the Property Operator (acting reasonably) in its sole discretion and Resident will be liable to make good such costs within two (2) days of a written demand.
ABANDONMENT.
1. If at any time during the term of this Contract, Resident abandons the Accommodation or any of Resident's personal property in or about the Accommodation, Property Operator shall have the following rights: Property Operator may, at Property Operator's option, enter the Accommodation by any means without liability to Resident for damages and may reassign the Accommodation, for the whole or any part of the then unexpired term, and may receive and collect all Accommodation Fees payable by virtue of such reassignment. Property Operator may also dispose of any of Resident's abandoned personal property as Property Operator deems appropriate, without liability to Resident.
2. Property Operator is entitled to presume that Resident has abandoned the Accommodation if Resident removes substantially all of Resident's furnishings from the Accommodation and / or the Accommodation is unoccupied for a period of two (2) consecutive weeks and the Accommodation Fees are outstanding and/or unpaid with respect to such period without any prior intimation / notice to the Property Operator or if it would otherwise be reasonable for Property Operator to presume under the circumstances that the Resident has abandoned the Accommodation.
VACATING THE ACCOMMODATION.
1. The Resident must vacate the Accommodation at the end of the term or on the termination of this Contract whichever is earlier.
2. The Property Operator shall inspect the Accommodation once it has been vacated by the Resident. Where it is found that items on the inventory are either missing or damaged beyond that which the Property Operator in its reasonable discretion decides is fair wear and tear, the Resident will be charged with the cost of making good the loss or damage.
3. Upon vacating the Accommodation at the end of the term or other specified time, the Resident shall remove all personal effects, lock his/her room and attend a move out joint inspection and sign the copy of inspection report within twenty-four (24) hours of vacating the room. Upon completion of inspection, the Resident must surrender the key(s)/access cards to the Property Operator’s management office or to the main reception. Residents who fail to return their keys/access card before leaving will be required to pay a fixed charge for the purpose of replacing the keys/fobs and/or locks/access card.
4. The Property Operator will remove any items left in the Accommodation by the Resident at the end of the term and shall not be obliged to return any such items to the Resident unless /they are of obvious value. The Property Operator will take reasonable steps to inform the Resident of items of value left. If the Resident cannot be traced, or fails to collect any such items within fifteen (15) days, the Property Operator may, without incurring any liability, dispose of the items in what it considers to be the most appropriate way. Any such disposal may result in the Resident incurring additional costs.
INDEMNITY.
The Resident and the Guarantor shall jointly and severally undertake to indemnify and hold harmless the Property Operator from and against any losses, liabilities and claims by or towards the Property Operator or by any third parties arising out of or in connection with:

a)any act or omission or obligation of the Resident; or

b)any procedures, proceedings and suits commenced by or against the Property Operator due to any act or omission or obligation of the Resident, or

c)any accident, injury, loss of property or loss of life that may occur to the Resident or any other person who are the guests or the visitors of the Resident on the Premises.
GUARANTEE.
1. In consideration of the Property Operator entering into and performing its obligations under this Contract, the Guarantor unconditionally and irrevocably guarantees (as primary obligor and not merely as a surety) the Property Operator against any loss, damage, costs or expenses arising out of or in connection with any default, act, omission by the Resident with respect to the due and punctual performance by the Resident of their obligations of the Resident to the Property Operator under this Contract including but not limited to the obligation to pay the Accommodation Fees when due.
2. The Guarantor undertakes that if the Resident defaults in the performance of any of its obligations on the due date under this Contract; the Guarantor shall, forthwith upon written demand by the Property Operator, perform or procure the performance of that obligation.
3. The guarantee contained in this clause is a continuing guarantee and shall remain in force so long as the Resident has or may have any obligation to the Property Operator under this Contract.
4. This guarantee shall continue to be valid and effective irrespective of:
  (a)any time indulgence or concession being granted to the Resident;
  
  (b)any modification to this Contract or any variation compromise or release of the Resident’s obligations under this Contract;
  
  (c)the availability to the Property Operator of any other surety with respect to the Resident’s obligations to the Property Operator under this Contract;
  
  (d)the bankruptcy, insolvency of the Resident (or any analogous procedure in any jurisdiction) or by the death or incapacity of the Resident;
  
  (e)any failure, defect, illegality or unenforceability of or in any (i) any act or omission or obligation of the Resident; or (ii) any procedures, proceedings or suits commenced by the Property Operator due to any act or omission or obligation of the Resident.
INSURANCE.
Resident acknowledges that Property Operator may provide insurance coverage for Resident's property. Property Operator shall not in any way be responsible for any loss of Resident's property, whether by theft, fire, acts of God, or otherwise. The Property Operator shall not be held responsible for any damage or loss caused to the Resident, his property or personal belongings or of other residents, the Premises and its properties both movable and immovable as well as loss or damage caused to other Residents where the Resident has breached any of their obligations or the terms and conditions of their stay at the Premises. The Resident shall in any case keep their personal belongings including but not limited to valuables and electronics, insured at all times, at his / her own cost.
NOTICES.
1. Any notice or other communication to be given under or in connection with this Contract (“Notice”) shall be in the English language in writing and signed by or on behalf of the party giving it. A Notice may be delivered personally or sent by email, pre-paid recorded delivery or international courier to the address provided under the Booking Details.
2. Notice shall be deemed to have been received:
  (a)at the time of delivery if delivered personally;
  
  (b)at the time of transmission if sent by email without any delivery failure notification (provided the sender also sends physical copies of such notices to such addresses of the recipient Party); or
  
  (c)Five (5) Business Days after the time and date of posting if sent by pre-paid registered post with delivery acknowledged.
  
  Provided that if receipt of any Notice occurs after 6.00 p.m. or is not on a Business Day, deemed receipt of the Notice shall be 9.00 a.m. on the next Business Day. References to time in this clause are to local time in the country of the addressee.
3. Party shall notify the other parties of any change to its details in clause 35 in accordance with the provisions of this clause.
AMENDMENT.
No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorized representatives). The parties agree that that the parties may enter into one or more written addendums from time to time to supplement, modify or alter the terms of this Contract. The Rules and Regulations annexed to this Contract may be changed at any time by the Property Operator and the Resident and their Guarantors agree to be bound by the same.
BINDING EFFECT.
The covenants and conditions contained in the Agreement shall apply to and bind the guardians, legal representatives, and permitted assigns of the parties.
GOVERNING LAW AND JURISDICTION.
It is agreed that this Contract shall be governed by, construed, and enforced in accordance with the laws of the United Arab Emirates as applicable in the Emirate of Dubai.

Any and all disputes arising out of or in connection with the formation, performance, interpretation of this Contract or related thereto in any manner whatsoever, shall be settled by the competent Courts of the Emirate of Dubai.
ENTIRE AGREEMENT.
This Contract constitutes the entire understanding between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract.
WAIVERS.
1. A waiver of any right or remedy under this Contract or by applicable law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
2. A failure or delay by a party to exercise any right or remedy provided under this Contract or by applicable law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under this Contract or by applicable law shall prevent or restrict the further exercise of that or any other right or remedy.
SEVERABILITY.
1. If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Contract.
2. If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

Rules & Regulations

ANNEXURE 1 - RULES AND REGULATIONS

Resident shall respect the rights and privacy of their fellow Residents.
Residents shall strictly follow the Gender Segregation Policy at all times, any resident found guilty of flouting the rules or in breach thereof shall be fined and may have to face disciplinary action.
Resident shall not do anything in the Accommodation which is illegal or immoral or which may be or become a nuisance or annoyance to the Property Operator or the Residents or occupiers of any adjoining rooms or buildings or which may potentially invalidate any insurance of the Building against fire or otherwise increase the ordinary premium for such insurance.
Resident accommodation facilities should be reasonably quiet at all times. Strict silence should be observed after 10:00 p.m. till 8:00 a.m.
Resident shall not enter the room of another one in his absence or without his authorization. No belongings may be collected from the room of a resident without his previous approval.
In case of fire alarm, all Residents are required to leave their room immediately, exit the residence using the staircases and follow properly the instruction of security guards. Residents and guest should never assume that an alarm is false or a drill, as any delay in evacuating could be fatal.
Resident shall never create a false alarm or tamper the fire alarms systems, fire protections sprinkles and smoke detectors.
Resident shall not damage, misappropriate or cause harm to the property of; (i) Property Operator (including any furniture, fixtures, electrical equipments or any other Contents; whether in the room or Common Areas) or (ii) any other Resident. If the Resident is found guilty then the cost of repairs and replacement shall be borne by the Resident.
Residents are prohibited from using any electrical kitchen or high-power appliances such as hotplates, microwaves, kettles, irons as a part of their personal belongings in the rooms. Such appliances shall be used only in the designated kitchen.
Residents are prohibited from using candles or incense of any sort whether in rooms or Common Areas.
Residents shall not drill nails or drawing pins in the walls and the doors or deface the room in any way.
Resident shall not leave boxes or otherwise place or leave rubbish upon any part of the Accommodation used in common with other Residents (if any), nor make undue noise in or about the hall passages, staircases or Common Areas.
Hallways, staircases and Common Areas may not be used for hazardous or frivolous activities. The use of balls, roller blades, skateboards, hover boards etc. is prohibited within the Premises.
Resident shall indemnify the Property Operator and land owner for any accident, injury, loss of property or loss of life that may occur to the Resident or any other person who are the guests or the visitors of the resident on the Premises.
In case of an accident or emergency within the residence buildings, the Residents undertake to observe the medical procedure and notify the receptionists of the building.
All forms of smoking and the use of tobacco, smoking pipes, electronic cigarettes, vapes or any other smoking apparatus / devices is strictly prohibited inside the Premises, including rooms and Common Areas.
Gambling as well as possession or use of illicit products are illegal in the United Arab Emirates. Offenders shall expose themselves to the intervention of civil authorities.
The possession and consumption of Alcohol are strictly forbidden in the Accommodation as well as Common Areas.
Any behavior violating the laws of the Emirates or the moral and conduct code of the country, in particular excessive display of affection, shall be strictly prohibited inside and in the vicinity of the Premises.
Resident shall not keep any inflammable material, explosive substance, illegal drugs or weapons in any part of the Premises.
Resident shall not do, or omit to do, anything that may block, cause overflow or damage to the gutters, sewers, drains, sanitary apparatus, water or waste pipes serving or forming part of the building. The Resident will be monetarily liable and held responsible for clearing any such blockages that may occur.
The Property Operator may contact the parents or the Guarantor of a Resident to report his bad behavior, or any emergency case or critical situations.
Resident shall comply with any reasonable written regulations issued at any time by the Property Operator in connection with the use of the Common Areas and conduct in the Premises generally.
Resident shall not do anything in the room which would prejudice or increase the premium payable for the policy of insurance of the Premises for the time being in force.
Resident shall not obstruct any means of access to the Premises.

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