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 firstname.lastname@example.org 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.
1.1 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 email@example.com.
3.1 Online Booking
You may submit a Booking Request using thebooking 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 TheBookingConfirmationwillconfirmanymoniesthatremainduefromyoupriortoorat check-in.Youareresponsibleformakingpaymentofallmoniesduetous.Weholdmoniesas 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.
4.1 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.
5.1 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 depending on the date of cancellation:
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 than1 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 any one 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.
10.5 Any property left in the apartment is kept for a period of 28 days after departure, after that time it will be disposed of. We will contact and advise you if possible, but we take no responsibility for your possessions.
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.
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.
15.1 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.
Nell Gwynn House is a fully non-smoking building. 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.
17.1 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.
18.1 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.
20.1 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.
23.1 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.
25.1 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
Last Updated: March 2019