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APARTMENTS

TERMS AND CONDITIONS These terms and conditions (Terms) govern all bookings made with Nell Gwynn Apartment 2 Limited (trading as Nell Gwynn House Apartments), a company registered in England and Wales with company number 05982805. Please note: we act as agent only in respect of all bookings we take or make on your behalf. For all bookings your contract will be with the Owner of the Apartment (as defined below). Please read these Terms carefully before submitting a Booking Request to us. These Terms tell you who we are, how we will provide services to you, how you and we may change or terminate a booking, what to do if there is a problem and other important information. If you think there has been a mistake in these Terms please contact us to discuss. You   can   contact   us   by   telephoning   our   customer   service   team   at   +44   (0)20   7589   1105,   by   emailing   us at   reservations@nghapartments.co.uk   or   by   writing   to   us   at   Nell   Gwynn   House   Apartments,   Nell Gwynn   House,   Sloane   Avenue,   London   SW3   3AX.   If   you   are   contacting   us   in   relation   to   an   existing Booking it will help us if you can tell us the Booking Number when you contact us.  1 Definitions: 1.1 The following definitions apply in these Terms: “Apartment”

means the accommodation provided by the Owner in accordance with these Terms. “Apartment Fee” means the fee payable for use of the Apartment for the duration of your Booking, excluding the Deposit and fees for any additional services. “Booking”

means the booking for an Apartment and/or any other services or items made with us.  “Booking Confirmation”

means an email from us to you confirming a Booking.  “Booking Number” means the booking number assigned to your Booking and shown on your Booking Confirmation. “Booking   Request” means   a   request   for   a   Booking   made   on   our   website   or   by   email and   includes   all   information   you   supply   to   us   before   we   confirm   a Booking.   “Business Day” means Monday to Friday excluding public holidays in England. “Business Hours” means 8.30am to 6pm on any Business Day. “Contract”

means the Booking and these Terms, and any other terms and conditions stated to apply to the Booking. “Deposit”

means the deposit due in accordance with clause 5.1 of these Terms. “Lead Guest” means the person who makes a Booking and is named in the Booking Confirmation.  “Owner” 

means the owner(s) of the Apartment.

“Payment Card”  means the Credit or Debit card details (excluding Diner’s Club) provided at the time of Booking or such other card details as may be provided by you to us from time to time.  “we”, “us” or “our” means Nell Gwynn Apartment 2 Limited (trading as Nell Gwynn House Apartments). “you”, “your” and  “Guest”

means all those persons named on the Booking (including anyone who is added or substituted at a later date).     1.2 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes email. 2 Booking General Terms 2.1 All Bookings for an Apartment are subject to these Terms. 2.2 We arrange your Booking as agent for the Owner of the Apartment.   2.3 Confirmation by us of a Booking creates a legally binding agreement between you and the Owner for the supply by the Owner of the Apartment and associated services for the duration of your stay.  2.4 Prior to confirming a Booking we will take your Payment Card details and by providing us with these details you authorise the use of this card (with or without your physical presence) to pay any sums that become owing to us under these Terms. 2.5 All bookings are subject to a minimum booking period of 7 days. 3 Making your Booking You may submit a Booking Request online at www.nghapartments.co.uk, or by emailing us at reservations@nghapartments.co.uk. 3.1 Online Booking You   may   submit   a   Booking   Request   using   the   booking   procedure   on   our   website.   Once   you have   completed   the   online   booking   procedure   (including   payment   of   the   Deposit   and   any   other applicable   sums   due)   you   will   be   emailed   a   Booking   Confirmation   containing   your   Booking Number.  3.2 Email Booking Upon receipt by us from you of a Booking Request, and upon payment of the Deposit and any other sums due in accordance with these Terms, we will process your Booking Request during Business Hours and endeavour to confirm your Booking as soon as reasonably practicable. A Booking will only be confirmed once: (a) we have received all Payment Card details and payment of the Deposit and any other applicable payments; and  (b) we have dispatched a Booking Confirmation to you containing a Booking Number. 3.3 No Booking exists until such time as we have dispatched a Booking Confirmation containing a Booking Number. 3.4 The Lead Guest must be at least 18 years of age and must be authorised to make the Booking on the basis of these Terms by all persons named on the Booking. By submitting a Booking

Request the lead guest is confirming that he/she is so authorised and that all party members agree to be bound by these Terms.  3.5 Booking   Requests   are   “subject   to   availability”   and   it   is   possible   that   your   requested   Apartment type   may   not   be   available   when   we   come   to   process   your   Booking   Request.   If   this   is   the   case we will contact you to discuss alternative options.  3.6 Your Booking is for a type of Apartment and we do not guarantee that you will be able to stay in a specific Apartment. If you have indicated a preference for a particular Apartment in your Booking Request then we will use reasonable efforts to honour this preference, however we offer no guarantee that this will be possible. 3.7 We   reserve   the   right   to   refuse   any   Booking   Request   at   our   absolute   discretion   at   any   time   prior to   issuing   a   Booking   Confirmation.   If   we   do   this   we   will   inform   you   of   this   in   writing   and   will return   any   monies   you   have   paid   to   us.   In   such   case   no   Booking   will   come   into   existence   and neither we nor the Owner will have any legal responsibility to you. 3.8 When you receive your Booking Confirmation you should check the details carefully. If anything is incorrect you should inform us immediately in writing as it may not be possible to make changes later. 3.9 The   Booking   Confirmation   will   confirm   any   monies   that   remain   due   from   you   prior   to   or   at check-in  .   You   are   responsible   for   making   payment   of   all   monies   due   to   us.   We   hold   monies   as agent for the Owner.   3.10 It   is   your   responsibility   to   check   your   emails   and   any   other   forms   of   communication   we   might use regularly and to let us know about any change to your email address.     4 Pricing  4.1 The prices we advertise are to the best of our knowledge correct at the date of publication, however we reserve the right to alter our rates from time to time. We will advise you of the current rate at the time of confirming your Booking.  4.2 The price shown in your Confirmation Email includes applicable UK taxes at the time you make the Booking. 4.3 Once a Booking has been confirmed we will not change the applicable rate unless: (a) you amend the Booking; or (b) our cost of supplying the Apartment changes as a result of tax changes or currency fluctuations. 5 Payment 5.1 We   require   payment   of   a   £350   security   deposit   for   a   studio   apartment   and     a   £500   security deposit   for   all   other   types   of   apartment   before   we   can   issue   a   Booking      Confirmation(the “ Deposit ”)  . The Deposit must be paid using a Payment Card. 5.2 The   Deposit   will   be   applied   toward   any   charges   incurred   during   your   Booking.   The   balance   will be returned as soon as reasonably practicable and usually within 14 days of your departure.  5.3 If you make your Booking less than 30 days before arrival the full price for the duration of your stay is payable at the time of Booking, otherwise the full price is chargeable 30 days before your arrival date. The full price will be taken from your Payment Card unless you inform us, in writing, at least 30 days before check-in that you wish to make payment by bank transfer. 

5.4 By Booking with us you are deemed to have agreed to and authorised us to take any payment for damage to the Apartment, furniture or equipment as well as any additional cleaning that may be required when the Booking ends together with any charges for unauthorised late check-out. You agree that such amount will become payable immediately at the end of the Booking and authorise us to take such payment from Payment Card details you provided to us when making the Booking. 6 Changes by You 6.1 Should you wish to request any changes to your Booking you should contact us in writing clearly stating the change you wish to make.  6.2 In the event you request, and we agree, to a change of Apartment you are staying in during your Booking then we will charge an administration fee of £35.00. 6.3 Should you wish to make, and we agree to, any other changes to your Booking (including transferring your Booking to someone else), this will incur an administration fee of £25.00. 6.4 In the event that we agree to your request to change a Booking we will require immediate payment of all outstanding payments and charges due from you at the time we process the request for change, including the administration fees referred to above. All additional payments, charges and administration fees will be charged to the Payment Card unless otherwise agreed with us when processing your request for change. 6.5 All   changes   are   subject   to   availability   and   rate   changes.   Should   you   wish   to   reduce   the   length of   your   stay   then   we   are   entitled   to   charge   (or   retain)   the   full   price   for   the   original   booking length.  7 Cancellation by You 7.1 You must email us immediately should you wish to cancel a Booking, quoting the Booking Number contained in your Booking Confirmation. Your cancellation will only become effective once we have confirmed the cancellation to you in writing.  7.2 If you cancel your Booking the following refund policies apply:  Date cancellation request received by us Refund Policy More than 14 full days before to your scheduled check-in time (or 3pm if not specified) on the day of check-in: 

Full refund, less an administration fee of £100 plus VAT

14 or less full days but more than 1 full Business Day before your scheduled check- in time (or 3pm if not specified) on the day of check-in: 

Deposit is not refunded. All other sums already paid are refunded to you.

less   than   1   full   Business   Day   before,   or   any time   after,   your   scheduled   check-in   time   (or 3pm if not specified) on the day of check-in:  

Deposit is refunded. All other sums already paid are not refunded and payment is due in full for the entire Booking period (excluding the deposit).

7.3 You may not transfer your Booking to someone else after you have given notice of cancellation.

8 Changes and Cancellation by Us 8.1 Very   occasionally   we   may   need   to   cancel   your   Booking.   In   such   circumstances   we   will   contact you   as   soon   as   reasonably   possible   to     explain   the   reason   for   the   cancellation   and   to   arrange   a full   refund   of   all   sums   paid   by   you,   but   we   nor   the   Owner   shall   have   no   further   liability   to   you arising out of such cancellation.  9 Check-in and Check-out 9.1 Unless otherwise stated in the Booking Confirmation (or otherwise confirmed by us in writing) you may check-in at any time from 3.00pm on the scheduled day of arrival, but not before. 9.2 You are required to check-out of your Apartment by 11.00am on the scheduled day of departure (unless a later check-out time has been agreed by us and is stated in your Booking Confirmation). Late check-out can be requested, however this is subject to availability and payment of an additional fee, details of which are available on request. 9.3 Without our prior permission you agree not to enter the Apartment before the check in time, nor leave it after the check-out times advised to you.  10  Use of the Apartment 10.1 You agree to keep the Apartment clean and tidy and to leave it in no worse condition than you found it when the Booking commenced.  10.2 You   agree   not   to   use   the   Apartment   for   any   illegal,   immoral   or   commercial   purpose   (which   shall include   not   allowing   anyone   else   to   use   the   Apartment   whose   identity   you   have   not   first   advised to us).  10.3 You   agree   to   be   responsible   to   the   Owner   for   all   costs   relating   to   breakage   of   or   damage   to   the Apartment, furniture or equipment howsoever caused and for any consequential costs.  10.4 We  ,   on   behalf   of   the   Owner,   are   entitled   to   charge   you   for   the   cost   of   remedial   work   to   the Apartment, for replacing furniture and/or equipment. We reserve the right to enter the Apartment   during   your   Booking   (without   prior   notice   where   it   is   not   possible   to   advise   you beforehand) for routine cleaning and housekeeping and also in the case of special circumstances or emergencies.   11 Number in Your Party 11.1 The total number of people who use the Apartment at any time must not exceed the capacity of the Apartment as advertised by us, nor must the total number of people staying overnight in the Apartment exceed the number of people you advised us would be sharing the Apartment when you made your Booking.   11.2 Babies under two years of age are not counted as members of your party, but are limited to 1 baby for a studio apartment and 2 babies for all other types of apartment.     12 Facilities and Services 12.1 We will provide such bed linen, duvets and towels as we consider reasonably necessary to provide for the number of people staying in the Apartment in accordance with the Booking.  12.2 A   daily   maid   service   is   provided   Monday   to   Friday   (excluding   public   holidays).   Bed   linen   and Towels   will   be   changed   at   the   end   of   each   full   week   of   your   Booking,   commencing   on   the   day of check- in . 12.3 A weekly fee will be charged for the services described in this clause 12 at the rate set out in the table below, or at such other rate as may be communicated to you in your Booking Confirmation: Apartment type: Weekly cost (incl VAT) Studio £75 1 bedroom £85 Large/Superior 1 bed £100 2 bedroom £120

  Please note that this fee is included in the total price stated in your Booking Confirmation but will be invoiced to you separately. 13  Behaviour    13.1 We reserve the right to cancel or curtail your Booking if the behaviour of you or anyone sharing the accommodation with you is causing, or is likely to cause, a nuisance or otherwise impairing the enjoyment, comfort, health or safety of any other guests, residents or people in the same or neighbouring buildings. In these circumstances no refund of the Booking cost will be given. 13.2 We will not tolerate abuse towards our staff or other guests and reserve the right to refuse to process a Booking Request and/or cancel or curtail an existing Booking and/or to request that you leave the premises in the event that you, or anyone in your party, directs or threatens abuse or abusive behaviour towards our staff, employees, contractors or any other guests. 14 Special Requests & Disabilities    14.1 Some Apartments may be unsuitable for guests with disabilities. To ensure the Apartment is suitable for those with a disability, it is essential that you email us before you make your Booking providing us with clear details of any particular requirements. We will endeavour to cater for those requirements insofar as reasonably possible.   14.2 We will try to accommodate special requests although will not guarantee that these will be met. Should we agree to any special request, we will confirm this to you in writing before the Booking. 15  Pets    15.1 We do not accept pets or other animals of any nature within the Apartment save for registered assistance dogs. If you require an assistance dog you must notify us of this at the time of Booking. 16  Smoking 16.1 Smoking is prohibited in the Nell Gwynn House forecourt, lobby, lifts, enclosed passageways and stairways leading to it. There is a designated smoking area at the rear of the building. Please enquire at the letting office should you require direction to the smoking area. 17  Complaints 17.1 We will endeavour to deal with any complaint which you make as soon as practicably possible and where possible before the end of your Booking.  17.2 In the first instance any complaint should be made by telephone to our office on 0207 589 1105 during working hours and, where possible, also in writing.  

17.3 If your complaint is not resolved to your satisfaction you must write to us within 28 days of the end of your Booking by email and recorded delivery letter to our office at: Nell Gwynn Apartment 2 Ltd, Letting Office, Nell Gwynn House, Sloane Avenue Chelsea London SW3 3AX.  17.4 Our aim is to resolve complaints as soon as possible however we can offer no guaranteed resolution date. 18  Liability 18.1 We   act   as   Agent   for   the   Owner   and   are   not   liable   to   you   for   any   direct,   indirect   or   consequential loss   or   damage   of   whatsoever   nature   arising   out   of   your   use   of   the   Apartment   unless   caused by our own negligence.  18.2 Neither we nor the Owner are responsible for any noise or disturbance from beyond the walls of the Apartment, the break-down of any equipment (for example, televisions, videos, boilers, internet, or Wi-Fi) or for the failure of the building lifts and public utilities such as water, gas and electricity. Should we become aware of a potential problem before your Booking commences, we will take reasonable steps to contact you to let you know. 18.3 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of this Contract is strictly limited to the Apartment Fee. 18.4 Nothing in these Terms shall limit our liability: (a) for death or personal injury resulting from our negligence; or  (b) for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation caused by is; or (c) for any other matter for which it would be illegal for us to exclude or attempt to exclude.  19  Force Majeure 19.1 Neither we nor the Owner accept any responsibility nor will we pay any compensation where the provision of the Apartment (or any matter connected with such provision) is prevented or affected by reason of circumstances which could not have reasonably foreseen. These might include the destruction or damage of the Apartment (which then cannot reasonably be  remedied to a satisfactory standard before commencement to of your Booking) through fire, flood, explosion, storm or other weather damage, break-in, criminal damage, riots or civil strife, industrial action, natural or nuclear disaster, adverse weather or war, actual or threatened terrorist activity, epidemic and all similar situations which are beyond both our and the Owner’s control. 20  Insurance 20.1 We are not responsible for the theft and/or damage of your personal belongings during your stay in the Apartment. You are strongly advised to take out appropriate personal items insurance before commencing your Booking through a reputable provider. You are also advised to ensure that you have appropriate travel insurance to cover cancellation and medical expenses. 21  Passport and Visa Requirements 21.1 Neither we nor the Owner accept any responsibility should you or those who intend to use the Apartment be refused entry to the UK, or for the failure of any transport to or within the UK. Any users of the Apartment who are not British citizens (or do not hold a British passport) should check passport and visa requirements with the UK Immigration Office before you or they plan to travel. 

21.2 If you do not possess appropriate documentation and this results in fines, charges or other financial penalties made to either us or the Owner, you will be responsible for repaying those costs and charges to us.  21.3 The law allows us to require you to produce all personal details including passport numbers should we require this of you or those using the Apartment with you.  21.4 By submitting a Booking Request you confirm that neither you, nor any of your guests, will use the Apartment as your only or main residence. 22  Marketing and Communications 22.1 We will need to collect and process personal information. We may from time to time record telephone calls for training purposes and to improve the quality of our service provision. 22.2 We may like to send you information by email, post, telephone or text message of products and services which we consider might be of interest to you. If you would prefer us not to do this then please advise us when making your Booking, or otherwise by contacting us by email. 23  Breach 23.1 If you are found to be in breach of any of these Terms we reserve the right to cancel your Booking with immediate effect and to require you to immediately vacate the Apartment. 24 Website and other information 24.1 We do our best to ensure that the information we provide is presented accurately. However, there may be small differences between the Apartment and its description. This is normally because the Owners have a policy of continually upgrading Apartments, their services and facilities. We might occasionally encounter problems which mean that some facilities or services may not be available (or may be restricted). If this happens we will try to tell you as soon as reasonably practicable after we have been made aware of the problem. However, we cannot accept responsibility for any such differences or for changes or closures to local services or attractions described by us including the information that appears on our website.  25 General 25.1 You agree that any dispute will be dealt with by the Courts in England and Wales and that any action will be governed by English law.   Nell Gwynn House Apartment 2 Ltd  Last Updated: December 2015