CAMPUS RESIDENCES LIMITED
(the “Operator”)

Postgraduate Centre Terms and Conditions for Academic Year 2013/2014

Terms and Conditions binding upon and accepted by the Occupier

1. Introduction
The Occupancy Licence and these Terms and Conditions (together referred to as the “Licence”) represent the entire agreement and understanding of the parties in connection with the occupation and use by the Occupier of the Unit save only in respect of any rules or regulations which may be made from time to time by the Operator and/or Dublin City University for the orderly use and management of residential accommodation on the Campus of the University which, when notified in writing to the Occupier or otherwise published, shall be deemed to form part of this Licence and, save as aforesaid, no other terms and conditions, whether expressed or implied, shall be binding upon the Occupier unless reduced to writing and signed by a duly authorised officer of or representative on behalf of the Operator.

2. Validity
a) This Licence is only valid if and for so long as the Occupier is a registered postgraduate student or undertaking a Post Doctoral Research Fellowship in the University. Exception will be made where the Occupier is awaiting exam results. In that instance, this Licence shall continue in existence until the exam results are published. If the Occupier is unsuccessful in obtaining the required exam results (including following any appeal(s)), this Licence will be terminated but the Occupier will be held liable for the Occupancy Fee until a replacement Occupier is found.

b) In other cases, in the event that the Occupier ceases to be a registered postgraduate student / post doctoral researcher of the University, this Licence will be revoked and the Occupier shall be obliged to vacate the Unit, giving 14 days notice for the Occupier to find alternative accommodation.

c) This Licence is personal to the Occupier and may not be assigned, sub licensed or otherwise dealt with, in whole or in part, by the Occupier without obtaining the prior written consent of the Operator.

3. Use of accommodation
a) The Occupier agrees not to use or permit the Unit to be used otherwise than for residential purposes (this prohibits, inter alia, use of the Unit or its address for commercial purposes).

b) The Occupier agrees not to share possession of the Unit or any part thereof with any person (other than those recognised occupants or those holding under a similar licence in respect of the other Units in the Apartment only) or to permit the Unit hereby licensed to the Occupier to be occupied by any person other than those authorised as aforesaid during the term of this Licence.

c) The Occupier agrees not to expose any bottles, containers or other articles in the area of the windows of the Unit or of the Apartment, nor to hang, or permit to be hung, or expose any clothes or other articles or to exhibit any signboard, poster or advertising matter, or any placard, flag or banner outside, in or on the Unit or outside, in or on the Apartment or the Complex, and in particular not to affix any such or other item to the inside walls of the Unit or the Apartment, including the structure or plasterwork therein. If found to be in breach of this clause the Occupier will be subject to a €20 fine for each and every instance.

d) The Occupier agrees not to place or cause any obstruction (for example sports or musical equipment) in or on the Apartment or in or on any other part of the Complex and in particular not to place any shopping trolley, traffic cone, vehicle, motor cycles or bicycles, therein or thereon save in such locations as may be designated for the parking or storing of same. If a trolley is removed from a supermarket, it must be immediately returned. Owners of bicycles or trolleys found in Apartments or hallways within the Complex will automatically be fined €20 for each and every instance.

e) The Occupier agrees not to expose any washing or wearing apparel or any linen in or on any part of the Unit, the Apartment or the Complex and not to carry out or permit to be carried out any laundering or other similar activities in the shower, wash basins, sinks or cisterns in the Apartment. If found to be in breach of this clause the Occupier will be subject to a €20 fine for each and every instance.

f) With the exception of a guide dog (which shall in every instance be notified in writing to the Operator), the Occupier shall not keep a dog or any other animal, reptile, insect or other pet in or on the Unit or in or on the Complex. Where a guide dog is kept in the Complex, the Occupier is responsible to clean up after the dog and ensure that the faeces is properly disposed of in a suitable, sanitary manner.

g) Sports or games are not permitted in or on the Unit, Apartment or Complex and will be subject to a fine of €20 for each and every instance.

h) As we recognise the hazards caused by exposure to environmental tobacco smoke, it is the policy of the Operator to provide a smoke-free environment for all Occupiers. This policy covers the smoking of any tobacco product and the use of oral tobacco products or “spit” tobacco, and it applies to all Occupiers.
Any breaches of this policy will result in a fine of €50 being levied against the Occupier or Apartment. Persistent offenders will have their Licence revoked.

4. Responsibility
a) The Occupier is responsible for the condition of the Unit and Apartment, and for what happens therein, from the moment they receive their access card until the end of the Licence Period.

b) Occupiers must not open the door of their Apartment to strangers at any time – day or night. To do so poses a very serious security risk to the Occupiers, who must accept both the responsibility and consequences of such actions. A member of the University’s security staff (“DCU Security”) must be informed of any incident as soon as it occurs. The emergency security number is 700 5999.

5. Payment of Occupancy Fees
a) The Occupancy Fee shall be paid in accordance with the Particulars and payments shall be in such manner as the Operator may from time to time determine. Rent must be paid in advance by direct debit on the first day of every month. Changes to this amount will be notified a minimum of one week in advance.

b) Where the Occupier has been allocated a family Apartment, deposits are required for each room within the Apartment.

c) On first and second notification from the bank that the direct debit has been unsuccessful, an administration charge of €60 will apply. On third notification, notice will be given to terminate the Licence. A special Campus Residences bank giro will be issued for payment in such instances.

d) On continuation of residency, the Booking / Cancellation / Damage Deposit and utilities prepayment will be carried over to the subsequent agreement and are subject to an increase. The Occupier will be required to pay the previous year’s utility charges by direct debit. The amount owing will be notified to the Occupier prior to the amount being debited from their account.

6. Behaviour
a) Occupiers are at all times expected to;
(i) Behave in a manner which does not distress, embarrass or intimidate fellow residents or staff and/or interfere with other people’s rights or property. Breach of this clause will be considered a serious offence and may result in this Licence being revoked upon review of any complaint made.
(ii) Behave in a peaceful and civil fashion in your interaction with fellow residents, staff and visitors/guests to the Apartments, both in the apartments and in the Complex and surrounding areas.
(iii) Identify yourself to DCU Security or the Operator upon request.

b) Anti-social behaviour will not be tolerated, and any Occupier seen to be acting in an anti-social manner will have a fine of €100 imposed against them for each and every instance and may result in this Licence being revoked.

7. Visitors/Guests
Occupiers are responsible for their visitors/guests and will be held liable for their actions. Occupiers are not to permit visitors/guests to remain overnight in or on any part of the Unit, Apartment or Complex unless specifically notified to the Operator in writing. Visitors/Guests are limited to a stay of no more than seven nights. Occupiers should inform the other residents of the Apartment when having a long stay visitor/guest.

8. Parties / Noise
The Occupier shall not hold parties in or on the Unit or in or on any part of the Complex nor play musical instruments or radios, televisions or other sound producing apparatus in such a manner as to cause distraction or nuisance to other Occupiers at any time. A “no noise” policy is in place between 11pm and 7am, 365 days per year. Noise is considered a nuisance when sound can be clearly heard outside the Unit. Where DCU Security break up a gathering, Occupiers must return to their own accommodation immediately on their instruction. A fine of €50 will be imposed for noise and a fine of €100 for parties for each and every instance.

Given the particularly proximate location of the Complex to the NuBar, the Operator hereby notifies the Occupier that a number of planned events take place throughout the year at NuBar. As a result, excessive noise may emanate from time to time from NuBar which may be such as to come within annoyance or nuisance levels. The Occupier hereby acknowledges and accepts this.

9. Keys / Access
a) Upon receipt of their student card for the University, the Occupier must provide it to be programmed and used as the access card for the Unit. A temporary card will be provided by the Operator until the student card is issued by the University Registry Office. Occupiers can have only one access card at any one time.

b) The Occupier must not, under any circumstances, part with the possession of any access card to the Unit or any security card for the purpose of allowing another to gain access to the Unit, Apartment or the Complex and shall report any loss thereof immediately to the Operator. In the case of loss or theft, a temporary card valid for up to 7 days for which there is a charge of €5 for each and every instance will be issued. A new student card must be acquired from the University Registry Office and programmed by the Operator. Single opening cards, for which there is also a charge of €5 for each and every instance, are also available.

c) In the event that the Occupier is locked out of the Unit out of hours it is the responsibility of the Occupier to contact DCU Security and arrange to collect an access card. Should the Occupier require an access card to the Unit or Apartment a charge of €5 will apply for each and every instance.

10. Building Safety
a) For the safety of all Occupiers all doors must be kept closed. Occupiers and their visitors/guests must enter only via the front or main entrances and must never jump or climb gates/fences. The main security door to the Complex is to be used between 11pm and 7am. Breaches will be subject to a fine of €100 for each and every instance. Emergency doors are for emergency use only. Windows are not to be used for access/egress.

b) Occupiers must not allow people whom they do not know to enter any part of the Complex. Apartment and Unit doors and windows must be locked when the Occupier is absent from the Apartment, even if it is only for a short time. Any Occupier who jeopardises the safety or security of the Complex, by leaving main doors or windows open, entering or exiting via windows, propping open doors or letting in strangers, entering or exiting via fire doors will be subject to fine of €100 for each and every instance and will face disciplinary action.

c) Apartment doors found on the latch will result in a fine of €5 to each Occupier of the Apartment. In the case of the Unit door, the individual Occupier will be fined €5 for each and every instance. Repeated incidents will be viewed as a breach of building safety and will be subject to a fine of €100 for each and every instance. Any damage caused to the door lock by doors being left on the latch must be paid by the Occupier.

11. Health and Safety
a) The Occupier agrees to cook only in the kitchen of the Apartment and not to undertake any cooking or otherwise prepare any food in the Unit, the Apartment or within the Complex. The Occupier agrees not to dispose of any materials into any sink or lavatory or otherwise so as to block any drains, pipes or sewers serving the Complex.

b) The Occupier agrees not to use, store, keep or permit to be kept in or on the Unit or in or on any part of the Complex any dangerous, combustible or illegal substances or materials whatsoever and to report immediately the presence of such substances or materials to the Operator.

c) The Occupier agrees not to interfere with or over load any electrical apparatus installed in or on the Apartment including the Unit and not to install any additional electrical wiring, gas, piping or portable gas, paraffin or electric heaters into the Unit, the Apartment or any common room or other part of the Complex.

d) The use of candles and chip pans in the Apartment, including the Unit, is strictly forbidden.

12. Fire Safety
a) The Occupier agrees to abide by all Fire Safety and other Regulations for the safe and orderly management of the Unit, the Apartment and the Complex as may from time to time be imposed and to acquaint himself/herself with these regulations and emergency escape routes and not to interfere in any manner with the fire safety, and/or security equipment, and to participate in any fire drills which may be held. Occupiers must treat every alarm as an emergency. Failure to evacuate, or time wasting during the procedure, could result in loss of life. Occupiers who fail to evacuate will automatically incur a fine of €20 for each and every instance. Occupiers who deliberately tamper with fire safety equipment or signs will face possible eviction, be liable to criminal prosecution, and in addition, a report will be sent to the University’s Disciplinary Committee. Occupiers whose visitors/guests deliberately tamper with fire safety equipment will be similarly treated. Occupiers are referred to the Fire Services Act 1981. Penalties include both a €634 fine and a six month jail sentence at the discretion of the court.

b) Occupiers shall report any instances of abuse of the fire safety equipment to DCU Security or the Operator in the interests of all Occupiers who rely on the equipment in an emergency.

c) The Occupier agrees to attend a Fire and Emergency Procedures Briefing to be arranged by the Operator within the first 6 weeks of arrival. If the Occupier fails to attend the briefing, a fine of €25 will be deducted from the Booking/Cancellation/Damage Deposit.

13. Furniture and Fittings
a) The Occupier agrees to keep all furniture, fixtures, fittings, appliances and articles in the Unit and Apartment in good and proper repair and to pay to the Operator an amount equivalent to the replacement cost of such items of the same as may be broken or destroyed during the currency of this Licence. All or any works to the Apartment are to be approved and undertaken by the Operator only. The Occupier agrees not to bring in any furniture to the Apartment and shall immediately remove same on the instruction of the Operator. The Inventory/Room Contents Sheet provided on arrival is the official record of the contents of the Unit or Apartment at the time the Occupier takes possession of it. Occupiers must check the contents and condition of the Unit or Apartment and note any discrepancies / defects on the forms at the commencement of occupation. Failure to do this may result in the Occupier being charged with these defects (if any) on vacating the Unit. The forms should be returned to Operator within 24 hrs of taking up occupancy.

b) The Occupier agrees not to remove or permit the furniture, fixtures and fittings, appliances or articles to be removed from the Unit or from the Apartment.

c) A fine of €100 may also be imposed on top of any repair / replacement costs for each and every instance.

14. Damage / Defacing Property
a) The Occupier is responsible for any damage caused to the Unit, Apartment or Complex as a result of negligence, accidental or otherwise, or as a result of their visitor/guest’s actions and is responsible for any repair/replacement costs of same to the equal value and satisfaction of the Operator. All damages must be paid for as they arise. This includes damage caused to door locks by doors being left on the latch.

b) A fine of €100 may also be imposed on top of any repair / replacement costs for each and every instance.

15. Cleaning / Inspections
a) The Occupier agrees to keep the interior of the Apartment and Unit in a clean and hygienic condition at all times as is deemed reasonable by the Operator (this includes all fixtures, fittings and installations therein). The Occupier agrees not to damage same and to indemnify the Operator against all claims arising out of damage thereto. Housekeeping inspections will be carried out approximately every 6 weeks to ensure that Apartments are kept in proper condition and that there are no maintenance defects. When Units and/or Apartments are found to be in poor condition the Occupier will automatically be fined. Apartments and Units will not be re-inspected. The decision of the Operator is final and binding.

b) All Occupiers are expected to have the Apartment clean and tidy for the arrival of any new Occupiers during the year. When a new Occupier is due to move in, the Apartment will be inspected to ensure it is in a clean and hygienic state. This will normally take place the morning that the new arrival is due, but this may vary depending on day of arrival. All Occupiers of the Apartment will be advised of inspection in advance. When Units and / or Apartments are found to be in poor condition the Occupier(s) will automatically be fined. Apartments and Units will not be re-inspected. The decision of the Operator is final and binding.

16. Repairs / Maintenance
a) The Occupier shall not impede the Operator or its agents or workmen entering the Unit or the Apartment for the purpose of examining the state of repair and condition thereof or for the purpose of carrying out preventative pest control measures or effecting repairs and renovations to the Unit, the Apartment or any part of the Complex for which the Operator may be liable.

b) If the Operator requires the Occupier to vacate the Unit overnight during the term of this Licence, by virtue of necessary alteration, repairs or decoration having to be carried out to the Unit, the Apartment or the Complex or by virtue of such other circumstances as the Operator may reasonably consider requires vacation of the Unit, the Occupier shall vacate the Unit within such period as the Operator may stipulate PROVIDED THAT alternative accommodation is made available to the Occupier by the Operator for the period for which the Operator requires vacation of the Unit by the Occupier. The Operator shall not be liable for any loss, cost or expense suffered by the Occupier by reason of vacation of the Unit or the substitution of alternative accommodation in accordance with this clause.

17. Rubbish
The Occupier agrees not to throw or deposit, or permit to be thrown or deposited, dirt, rubbish, rags or other refuse in or on the Unit or any part thereof or in or on the Apartment or any part thereof or in or on any part of the Complex and at all times to make use of the communal rubbish bins in respect of such items. A fine will be levied against Occupiers found to be in breach of this rule. Any items or food identified as thrown from windows will incur a fine of €100 for each and every instance and cleaning costs in respect of same shall be the responsibility of the relevant Apartment or Occupier.

18. Consumption of alcohol
The consumption of alcohol is not permitted on the Complex or in the corridors outside the Apartments. An Occupier wishing to consume alcohol should do so in the confines of their Apartment or Unit and is expected to do so in a responsible manner. Being under the influence of alcohol will not be accepted as an excuse to either explain or justify irresponsible behaviour. If the general permission to consume alcohol is abused it may be limited or withdrawn. Occupiers found consuming alcohol on the Complex or corridors outside their Apartment will be fined €25 for each and every instance.

19. Privacy
The Operator reserves the right to enter the Apartment including the Unit. Advance notice will normally be given unless in the event of a deemed emergency. The necessary access of the University Estates Office for both scheduled and unscheduled maintenance, Fire Wardens and Security are exceptions.

20. Fines
A full list of fines is available in the Accommodation Welcome Pack which will be issued to each Occupier on arrival to the Unit. Should fines exceed €100, the Occupier is required to increase their security deposit accordingly within 30 days of the fine being issued.

21. Motorised Vehicles
Parking in the Complex is strictly controlled by DCU Security. There is a barrier system in operation and only cars with an allocated valid parking permit are allowed access. Vehicles are prohibited from driving or parking on pedestrian areas within the Campus without prior permission from the Operator or DCU Security. Offending cars will be clamped and released by DCU Security for a fee of €80 for each and every instance.

22. Television Licence
Television licences must be purchased by the Occupier in accordance with legislation available at http://www.citizensinformation.ie. It is not the responsibility of the Operator to purchase television licences.

23. Contact by Email
The Operator will contact Occupiers through the residences mailing lists. This includes, but is not exclusive to, housekeeping inspection notices, bed bug spraying, ad hoc notices regarding the Complex. The Occupier is responsible for making sure a valid up to date email account is on record.. It is the Occupier’s responsibility to regularly check their email for such notices.

24. Insurance
The Operator does not provide insurance, has no responsibility for and is exonerated from any and all liability for any loss of valuables or personal belongings kept in or on the Unit, the Apartment or the Complex which shall remain at the sole risk of the Occupier.

25. Internet connectivity
An annual fixed charge of €60 for internet connectivity will be deducted from the utilities prepayment (see section 29.). The full internet connection charge is paid directly to DCU's ISS department by the Operator for the maintenance and provision of this service. Any technical or connection issues should be communicated directly to ISS.

It is the responsibility of the Occupier to ensure that they abide by the full list of policies and regulations that govern the use of computing resources in the university and additional policies that govern residences internet connectivity. Failure to comply with these conditions may result in a forfeit of internet connectivity.

http://www4.dcu.ie/iss/networks/residence-connectivity.shtml

26. Room Changes
The Operator reserves the right to change the Unit the Occupier has been allocated to before the Occupier takes up occupancy. During the term of this Licence if the Occupier wishes to move to another Unit and one is available, an administration charge of €25 will apply for each and every instance. Additional deposits and rental charges may also be payable by the Occupier.

27. Third Parties
a) This Licence is with the Occupier and third parties are not parties to this Licence in any way. Even if third parties (e.g. parents) have paid deposits or rental charges, this Licence is between the Operator and the Occupier only. For the purposes of this Licence, ‘third parties’ mean any person or persons other than the two parties to this Licence, being the Occupier and the Operator. This phrase includes, but is not restricted to, parents, siblings, spouses, relatives, employers, sponsors, partner universities, the media and agents wishing to carry out student surveys.

b) All information held on the University’s systems is confidential. This remains true whether or not the student is over eighteen years of age. There are three exceptions to this confidentiality.

- in cases of emergency;
- in cases where the student has given express permission in writing;
- when a written signed request is made by the Gardaí stating that the information is needed to prevent, detect or investigate a criminal offence.

c) For further information please see the University Policy on contact with third parties.

28. Termination of Licence
a) If at any time the Occupancy Fee specified on the Occupancy Licence or any covenant, term, condition or agreement on the Occupier's part herein contained or any rules or regulations for the time being relating to the Complex, the Apartment or the Unit shall not be performed or observed by the Occupier, then without prejudice to any other rights or remedies or any existing claim or claims which the Operator may have against the Occupier the Operator may in its sole and absolute discretion revoke this Licence and terminate the within licence agreement upon giving 5 working days notice in writing to the Occupier. The Operator may give such notice in writing by delivering it by hand to the Apartment or sending it by ordinary post addressed to the Occupier at the Apartment. Upon the service of such notice and the expiration of the said notice period, the Licence hereby granted shall be deemed to be duly revoked and determined by such notice and Occupier shall be obliged to vacate the Unit and the Apartment within the said notice period.

b) An appeals process exists to review the appropriateness of the initial decision by the Operator only in the case where this Licence has been terminated. If the Occupier wishes to make an appeal in the case of a licence termination in accordance with this clause 27 they may do so by submitting a typed letter of appeal to the Operator.

c) Appeals must be received by the Operator within five days of the date of the decision letter. Occupiers will only have one opportunity to appeal a particular decision. Occupiers who do not schedule and attend a disciplinary hearing will forfeit the right to appeal a decision.

d) The outcome of the appeals process will either:
• Affirm, modify or reverse the findings of responsibility made by the Operator; or
• Affirm or modify the sanctions imposed by the Operator.

e) In all cases Occupiers are expected to comply with sanctions while an appeal is pending, unless a request for a stay of sanctions (postponement) has been submitted in writing to the Operator and that request has been granted.

29. Refund of Deposit
a) In the first year of residency, no refund of the Booking/Cancellation/Damage Deposit shall be made in the event of early vacation of the Unit. Failure to give a full six weeks notice in writing will also result in forfeiture of the rental deposit.

b) Following a full years residency and have entered into a consecutive Occupancy Licence, the Occupier, upon giving a full six weeks notice in writing, will be entitled to a refund of all deposits, less €20 for the duvet and pillow supplied to the Occupier at the commencement of the Licence Period (which becomes the property of the Occupier), provided that the terms and conditions of this Licence have been complied with in full. Failure to give adequate notice will result in forfeiture of the Booking/Cancellation/Damage Deposit and Rent Deposit.

c) The charge for electricity and gas heating is calculated on a pro rata basis dependent on the total sum billed to the Operator. An annual fixed charge of €60 for internet connectivity will be deducted from the utilities prepayment. The full internet connection charge is paid directly to DCU’s ISS department by the Operator for the provision of this service. Any technical or connection issues should be communicated directly to ISS. In the event that the actual costs attributable to the Occupier is less or greater than the payment on account (utilities prepayment) received from the Occupier, the difference shall be refunded to the Occupier or (as the case may be) paid by the Occupier by means of a deduction from the Deposit with any remaining shortfall to be paid to the Operator on demand.

d) Any outstanding fines, damages and administration charges will be deducted from the Deposit.

e) Occupiers who have been evicted from their Unit as per the preceding clause will not be entitled to a refund of the Booking/Cancellation/Damage Deposit.

30. Departure
a) At the end of the Licence Period or having given a full six weeks notice in writing,, the Occupier agrees to immediately vacate the Apartment and to remove all personal effects and belongings from the Unit. Failure to do so may result in the Occupier incurring overnight charges at summer business rates until all such personal effects and belongings are removed. Any personal effects or belongings, including bicycles, left in or on the Unit or in or on the Complex after the expiry of the Licence Period may be disposed of by the Operator at its discretion without incurring any liability to the Occupier. Occupiers must ensure all Units and Apartments are left thoroughly cleaned and ready for the next occupants. Failure to do so will result in cleaning fines being levied against Occupiers and in the case of shared living spaces the cleaning fines will be divided between all Occupiers of the Apartment, irrespective of when they vacated the Unit. Details of cleaning fines will be detailed in the departure letter provided to each Occupier. The decision of the Operator is binding in this regard and correspondence will not be entertained.