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
All the capitalized terms used in this Contract shall have the meaning ascribed to it in this clause unless the context otherwise requires.
In this Contract:
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.
The Agreement shall stand terminated immediately under any of the following circumstances:
(a)the Resident ceases to hold a valid visa to study and stay in the UAE; or
(b)the Resident is found guilty of misconduct which results in the Resident being expelled from the University; or
(c)the Resident is found guilty of or engaged in any unlawful activities
The amounts will be repaid in the manner and to the extent set out in clause 6 (Refund).
Provided that where the due date referred in the installment schedule above is not a Business Day, payment shall be made on the immediately next Business Day.
(a)the whole or any part of the Accommodation Fees is unpaid for fifteen (15) days after it becomes due (whether legally demanded or not); or
(b)any obligation of the Resident has been broken or not performed; or
(c)the Resident is in default of this Contract,
then the Property Operator is entitled to terminate this Contract and repossess the Accommodation without affecting the Property Operator’s rights under this Contract including its rights to sue the Resident or the Guarantor for any breach of the Resident’s obligations. Security Deposit paid by / on behalf of the Resident shall stand forfeited.
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.
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.
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.
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.
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 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.
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.
Resident shall keep no domestic or other animals in or about the Accommodation or Common Areas.
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.
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.
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.
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 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 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.
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.
(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.
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.
(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.
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.
The covenants and conditions contained in the Agreement shall apply to and bind the guardians, legal representatives, and permitted assigns of the parties.
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.
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.
KSK HOMES
RESTAURANT
