Sloane Avenue London SW3 3AX
|
Tel: +44 (0)20 7589 1105
|
Fax: +44 (0)20 7589 9433
|
Copyright (C) 2014 Nell Gwynn House Apartment 2 Limited
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APARTMENTS
Terms and Conditions
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 (inc. VAT)
Studio
£70.00
1 bedroom
£80.00
2 bedroom
£100.00
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
