Other Conditions

2. Licence to Occupy

2.1 In consideration of the Charge and subject to Clause 3 and Clause 4, Jesus College, Oxford permits the Student to occupy the Accommodation for the Permitted Use for the Licence Period  in common with Jesus College, Oxford and all others authorised by Jesus College, Oxford (so far as is not inconsistent with the rights given to the Student to use the Accommodation for the Permitted Use) together with the right for the Student to use :

2.1.1 such parts of the Common Parts for the purpose of access to and egress from the Accommodation as shall from time to time be designated by Jesus College, Oxford for such purpose.

2.1.2 the Common Facilities

2.1.3 the Service Media serving the Accommodation.

2.2 The Student acknowledges that:

2.2.1 the Student shall occupy the Accommodation as a licensee and that no relationship of landlord and tenant is created between Jesus College, Oxford and the Student by this Licence;

2.2.2 Jesus College, Oxford retains control, possession and management of the Accommodation and the Student has no right to exclude Jesus College, Oxford from the Accommodation;

2.2.3 the licence to occupy granted by this agreement is personal to the Student and is not assignable;

2.2.4 the Accommodation (if it includes more than one bedroom) may be shared only with another junior member of Jesus College, Oxford or another University Institution or a Visiting Student who has entered into an agreement with Jesus College, Oxford on the same terms as this Licence

2.2.5 without prejudice to its rights under Clause 5, Jesus College, Oxford shall be entitled at any time on giving not less than 3 days' notice to require the Student to transfer to alternative accommodation elsewhere within the College and the Student shall comply with such requirement whereupon this Licence shall apply to the new accommodation once all necessary consequential changes have been made

2.3 If Jesus College, Oxford agrees in writing to allow the Student to remain in occupation of the Accommodation or any other equivalent accommodation within the College during a Vacation the Student's occupation shall be governed by the terms of this Agreement once all necessary consequential changes have been made subject to the payment of the Charge (at the Rate determined on a daily basis) for each day when the Accommodation or equivalent accommodation is occupied by the Student.  The rate for occupation of non-equivalent occupation shall be that notified by Jesus College, Oxford on acceptance of the Student's application for Vacation residence.

6. Notices

6.1 Any notice or other communication given under this Licence shall be in writing and shall be delivered by hand or sent by email or by pre-paid first-class post or by other next working day delivery service to the relevant party as follows:

6.1.1 to Jesus College, Oxford marked for the attention of the Accommodation Office

6.1.2 to the Student at the Accommodation or at the Student's address (if any) provided

        or as otherwise specified by the relevant party by notice in writing to other party.

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6.2 Any notice or other communication given in accordance with Clause 6.1 will be deemed to have been received:

6.2.1 if delivered by hand, at the time the notice or other communication is left at the proper address; or

6.2.2 if sent by email to the last known email address of the Student or of the Accommodation Office of Jesus College, Oxford (as the case may be) at the time of receipt;

6.2.3 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting.

6.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

7. Limitation of College's liability

7.1 Subject to Clause 7.2, Jesus College, Oxford is not liable for:

7.1.1 the death of, or injury to the Student, or invitees to the Accommodation; or

7.1.2 damage to any property of the Student or invitees to the Accommodation; or

7.1.3 any losses, claims, demands, actions, proceedings, damages, costs or expenses or other liability incurred by Student or invitees to the Accommodation in the exercise or purported exercise of the rights granted by Clause 2.

7.2 Nothing in Clause 7.1 shall limit or exclude Jesus College, Oxford’s liability for:

7.2.1 death or personal injury or damage to property caused by negligence on the part of Jesus College, Oxford or its employees or agents; or

7.2.2 any matter in respect of which it would be unlawful for Jesus College, Oxford to exclude or restrict liability.

8. Third party rights

A person who is not a party to this Licence shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Licence.

9. Governing law

This licence and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.

10. Jurisdiction

Each party irrevocably agrees that the courts of England shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Licence or its subject matter or formation (including non-contractual disputes or claims).