This Agreement relates to A Serviced Property that is for a Holiday Purpose only. A person who is not a party to this Agreement cannot enforce any of its terms.
“The Property” is at the address shown on the Booking Form. This agreement is made on the basis that “The Property” is to be occupied by “The Guest” and other members of his party who will stay at “The Property” for a holiday only.
The Terms and Conditions of this agreement are a binding contract made between the parties as under:
“Nest and Castle Estates Ltd”
“Nest and Castle Estates Ltd” hereinafter called "The Agent", act only as agents for “The Landlord/s” of “The Property”. “The Agent” and their Agency is part of a group, and Agency Group means the Agency and any subsidiary or direct or indirect holding company of the Agency, and any subsidiary of any such direct or indirect holding company from time to time.
AND
“The Guest”
“The Guest” also known as a Holiday maker and whose name is shown on the booking form is an individual who acts on his own behalf or on behalf of other members of his party who will stay with “The Guest” or visitors invited by “The Guest”, whether “The Guest” is booking “The Property” for himself or on behalf of another person/s as shown on the Booking Form. “The Guest” and other members of his party agrees to these Terms and Conditions. “The Guest” and other members of his party who will stay at “The Property” is granted a licence to occupy “The Property” which is a holiday property and is only to be used by “The Guest” and other members of his party. “The Property” is not to be used as the main principal home of “The Guest” and other members of his party who will stay at “The Property”. “The Guest” and other members of his party will not by their occupation of “The Property” have any claim or entitlement to a tenancy (assured shorthold, assured or any other type) of “The Property” and no statutory security of tenure exists now or after their occupation has ended. If “The Guest” and other members of his party fails to vacate “The Property” at the end of the period, “The Guest” and other members of his party will be charged the appropriate accommodation charges at the discretion of “The Agent” for the continued period of occupation only if the property is vacant, else “The Guest” and other members of his party will compulsorily have to vacate the property. Any resistance to vacate at the end of the occupation period will result in necessary legal action. No persons other than “The Guest” and other members of his party have the right to use “The Property”. “The Guest” and other members of his party cannot assign, sublet, charge or part with or share possession of occupation of the Property or any part of it. These conditions constitute an excluded agreement under S(3A)(7)(a)of the Protection from Eviction Act 1977 (as amended) and cannot be construed as an assured tenancy under the Housing Act 1988 Schedule 1 paragraph 9 (as amended) or similar legislation in other jurisdictions, without prejudice to any of our other rights and remedies in respect of any outstanding obligations on your part.
WWW.NESTANDCASTLE.CO.UK (“The Website”) is a Website owned and operated by “Nest and Castle Estates Ltd”.
We have compiled the information on our Website as accurately as possible. However, facilities may be altered or withdrawn for reasons outside the control of “The Agent”, in which case we cannot accept responsibility. We make every effort to ensure that “The Property” details supplied to us by “The Landlord/s” are accurately reproduced. Mistakes may occur from time to time, and confirmation should be requested prior to booking. “The Guest” and other members of his party accept that minor differences between text/photographs/illustrations on the Website and the actual Property may arise. “The Agent” cannot accept responsibility should “The Property” not conform to “The Guest” and other members of his party’s standards. These terms of use govern the use of our Website. By using our Website, “The Guest” and other members of his party accept these terms of use in full. If “The Guest” and other members of his party disagree with these Terms and Conditions or any part of these Terms and Conditions, “The Guest” and other members of his party must not use The Website. “The Guest” and other members of his party must be at least 18 years of age to use our Website. By using our Website, “The Guest” and other members of his party warrant and represent that “The Guest” and other members of his party are at least 18 years of age. Bookings cannot be accepted from persons under 18 years of age. No bookings are valid until confirmed by “The Agent” in writing or email. “The Guest” and other members of his party will be sent a Confirmation Email from “The Agent” detailing the booking.
The Booking fees is required in one single payment and should be paid through a credit/debit card. A card registered in the name of “The Guest” must be used as this provides an identity check. All accompanying guest must also provide the required IDs. All payments are to be made in favour of “Nest and Castle Estates Ltd”. The majority of our Holiday-Let properties do not attract VAT. All prices quoted include VAT (wherever applicable) and Insurance Premium. Tax on services will be applicable.
Once a booking is confirmed it is not subject to change. Whilst we will be under no obligation to do so, we may in certain circumstances and with the agreement of “The Landlord/s”, make minor adjustments to bookings on your written request. In these circumstances we will charge an administration fee of £50 for amendments.
The tariffs advertised by “The Agent” are correct at the date of publication, but we reserve the right to change any tariff from time to time.
The serviced properties advertised by “The Agent” are self-catering and self-service, and do not include reception services and any out of hours services will be arranged via telephone. The “Nest and Castle Estates Ltd” office is open only during normal working hours.
All costs for gas, electric, water, Council Tax or Business Tax accrued in respect to “The Property”, during “The Guest” and other members of his party’s stay at “The Property” are included within the tariff.
“The Property” will be cleaned once at the end of the occupation. This includes a one-time change of bed linen, bath towels, turndown services, vacuuming, bathroom clean etc. The cleaning service is a general clean of “The Property”. Extra cleaning can be ordered at an additional cost on per hourly basis, depending on the location of the property, which includes turndown services, vacuuming, bathroom deep clean and dusting. Charges for these extra services must be paid up in advance at the time of ordering.
“The Property” is provided to “The Guest” and other members of his party, furnished and equipped for their occupation.
Broadband internet is included, and full connection details are held in “The Property”.
No telephone service is provided.
“The Guest” will be provided with one set of keys and if required access fobs. Unfortunately, we cannot provide additional sets of keys. If keys or fobs are lost or stolen “The Guest” is liable for the full replacement costs. “The Guest” will be given Key collection details prior to their arrival. Many of our serviced properties are accessed by key safes and “The Guest” will be given a code to enter “The Property”.
Instructions will be given to “The Guest” at the end of the occupation where to leave the keys at “The Property”.
Where “The Property” is offered to “The Guest” with the benefit of car parking, “The Guest” will be advised of a designated car parking space. “The Guest” and other members of his party must not park a vehicle in any other car parking space. Some developments operate car park management services which could result in “The Guest's” car if improperly parked to receive a fine or to be impounded.
If a repair or maintenance issue occurs, they will be dealt with by “The Landlord/s” through “The Agent”. “The Landlord/s” should give “The Guest” and other members of his party 24 hours’ notice that access to the serviced property is required. In the unlikely event that an emergency repair is needed to prevent further damage occurring, then “The Landlord/s” will require immediate access.
“The Agent” will not be held responsible/liable for any interruption of the services for whatever reason.
Any further charges beyond fair usage will be directly billed to “The Guest” at the end of the occupancy and should be paid through a credit/debit card, registered in the name of “The Guest”.
“The Agent” list below some examples of possible further charges, this is not an exhaustive list, and does not limit “The Landlord/s” to make other further charges not included in this Booking Agreement:
Loss or damage to the fabric of “The Property” or it’s fixtures, fittings and contents. To remove stains from carpets or upholstery a specialist company will be used.
Smoking is not permitted inside “The Property” or in the communal areas of “The Property”. Specialist cleansing charges of £250 will apply where “The Guest” and other members of his party or their visitor/s have smoked inside “The Property”. “The Agent” and “The Landlord/s” reserve the right to impose charges where “The Guest” and other members of his party who stay at “The Property” have contravened to “The Landlord/s” request for “The Property” to be smoke-free.
Lost keys set, fobs or access cards will be charged for. They can very between £50 - £400 depending on the type of the property. Out of Hours charges for locked out Guests is £100.
The telecommunication lines connected to “The Property” are strictly for the purposes of internet connection only. Any attempt by “The Guest” and other members of his party to connect a telephone to the telecommunications connected to “The Property” will be in breach of this agreement and attract penalties.
“The Property” is not available until 3:00 pm for Check-In on the day of arrival.
“The Guest” and other members of his party must Check-Out from “The Property” by 11:00 am on the day of departure. Extended checkouts are available on request and if available might be chargeable at “The Agent’s” discretion.
“The Guest” and other members of his party shall keep “The Property” and all furniture, fixtures, fittings and effects in, on or at “The Property” in the same state of repair as at the commencement of the holiday, and shall leave “The Property” in the same state of cleanliness and general order in which it was found.
“The Guest” and other members of his party must report and pay to “The Agent” the cost of any damage or breakages made during their holiday occupancy. In the event of there being cause for complaint concerning “The Property”, the matter shall be taken up with “The Landlord/s” or “The Agent”. It is important that this is done whilst “The Guest” and other members of his party are still at “The Property” so that an on-the-spot investigation can be made if necessary and remedial action taken if required. In no circumstances will compensation be considered for complaints raised after the occupation of “The Guest” and other members of his party has ended or when “The Guest” and other members of his party have denied “The Landlord/s”/”The Agent” the opportunity of investigating the complaint and endeavouring to remedy matters during the holiday.
The rights of “The Guest” and other members of his party to occupy “The Property” may be forfeited without compensation if more people or pets occupy “The Property” than declared to “the Agent” at the time of booking or before the commencement of the holiday.
Overnight visitor(s) of “The Guest” are NOT entertained or allowed under any circumstances.
Any activity undertaken which is illegal and immoral that causes unreasonable damage, noise, behaviour or disturbance is NOT permitted. Legal action will be taken against “The Guest” and other members of his party if found indulging in any such practice.
“The Guest” and other members of his party are expected to comply with all regulations for use of “The Property”. If “The Guest” and other members of his party breaches any of these conditions or regulations, “The Agent” or “The Landlord/s” reserve the right to request “The Guest” and other members of his party to vacate “The Property” immediately without any refund.
“The Guest” and other members of his party on the departure date should remove all their possessions from “The Property”. Any items found by “The Agent” or cleaners at “The Property” after “The Guest” and other members of his party has vacated will be intimated to “The Guest” in writing to the email address provided by “The Guest” and kept for up to 30 days after the departure date. Any charges incurred to post back or dispose of such possessions if requested an admin fee of £100 will be charged to “The Guest”.
All perishable foods will automatically be disposed of at the time of the changeover. Any suspicious items or property will be reported to the relevant authorities.
Make sure that your personal belongings are insured, we will not accept any liability for theft, loss or damage to personal belongings. “The Guest” and other members of his party are required to provide “The Agent” a forwarding address when the Holiday Letting Period ends.
In the unlikely event of “The Property” becoming unavailable for a confirmed booking for any reason but not only restricted to such as fire, flooding, maintenance issue, lost services, as per any provisions of law, an administration error caused by “The Agent” or “The Landlord/s” then both “The Agent” and “The Landlord/s”, either before or during occupancy, will endeavour to provide “The Guest” and other members of his party with suitable alternative accommodation at a tariff not more than the original rate at the time of the booking OR will refund the balance of un-availed booking period excluding any charges as applicable to the booking. An offer of a suitable alternative serviced property whether through “The Agent” or another serviced property provider will be deemed by “The Guest” and other members of his party as an acceptable execution of the booking responsibilities and obligations of “The Agent”. “The Agent” cannot, however, pay any compensation or expenses for any inconvenience caused as a consequence of such an event.
In the event of a cancellation, “The Guest” and other members of his party may be due a partial refund which is dependent on when such notice of cancellation is given to “The Agent” before the holiday start date. The refund is calculated as follows:
• 15 or less days’ notice – No refund due
• >15 days’ notice – 50% of the total accommodation cost
The date of the cancellation will be the date that “The Agent” receives the Cancellation request by email to info@nestandcastle.co.uk
If a refund is due it will be paid back to the same card which was used at the time of booking, within 15 working days of cancellation.
In certain cases, as detailed below exceptions can be made where “The Guest” can claim a full refund or optionally a change of date:
Death of a host, guest, or their co-host, additional guest, immediate family member, or caregiver. You will be asked to provide one of these documents:
• Death certificate
• Obituary or News article naming the deceased
• News article naming the deceased
• Police report
Unexpected serious illness or injury affecting “The Guest” or other members of his party.
You will be asked to provide:
Statement from a physician confirming that the person cannot travel due to an unexpected, serious illness or injury. The statement must be also dated after the reservation was booked and provided within 15 days of cancellation. At this time, pre-existing conditions of “The Guest” and other members of his party will not be entitled to claim on such grounds.
For Government-mandated obligations including jury duty, travel restrictions, court appearances and military deployment you will be asked to provide a copy of the official notice dated after the reservation was booked, including the name of the person fulfilling the obligation.
Transportation disruptions that make it impossible to travel to your destination, including road closures and flight cancellations where there are no alternative methods of travel. This includes closures and cancellations caused by natural disasters, such as earthquakes, pandemics or severe storms. “The Guest” will be asked to provide a notice of the road closure, or documentation from the airline that the flight was cancelled and supporting documentation confirming that it is not possible to travel to your destination. This includes train, bus or ferry cancellations where no alternate trips were available on the same day.
“The Guest” and other members of his party are understood to have checked their visa or passport requirements before travel. Validity that makes it impossible to travel to the destination and lost or expired travel documents will not entitle “The Guest” and other members of his party to ANY refunds.
“The Agent” is not liable for any bookings made by another party on behalf of “The Landlord/s”, and not liable for any acts or omissions of “The Landlord/s” in using alternative booking services, or not advising “The Agent” correctly that “The Property” is not available for a particular time period. Any compensation due to “The Guest” in these circumstances will be borne by “The Landlord/s”
At certain times of the year “The Guest” and other members of his party will be eligible to secure their next holiday by sending an email to info@nestandcastle.co.uk, where further instructions will provided.
Dogs are only allowed at Properties where this is specifically stated in “The Property” description.
Where dogs are allowed, there is an additional charge of £10 per dog per day. Any changes in such charges will be informed at the time of Booking.
If “The Guest” and other members of his party take a dog to “The Property” that states pets are not allowed, or “The Guest” and other members of his party exceed the stated number/size of dog(s), “The Landlord/s” and “The Agent” has the right to refuse to allow “The Guest” and other members of his party to enter or stay in “The Property”, and/or they may ask the “The Guest” and other members of his party to leave “The Property” before the end of their holiday period. No refunds will be entertained in such cases.
Registered assistance dogs are allowed in “The Property”, even where “The Property” description states that pets are not allowed. “The Guest” and other members of his party must notify “The Agent” of the intended presence of any assistance dogs, with evidence of registration, prior to making a Booking.
If “The Guest” and other members of his party has an allergy to dogs, please be aware that “The Landlord/s” and “The Agent” cannot guarantee that an assistance dog has not stayed in “The Property”. “The Agent” and “The Landlord/s” cannot accept responsibility for any suffering which may occur as a result of such animals having been present in “The Property”.
Young dogs (e.g. puppies) must be declared to “The Agent” at the time of Booking and authorised by “The Landlord/s”. If a young dog is taken to “The Property” without the consent of “The Landlord/s”, this could result in “The Guest” and other members of his party being asked to leave without compensation. While booking it is advised “The Guest” and other members of his party check the acceptance of their pet by emailing “The Agent” on info@nestandcastle.co.uk
Dogs must always be under strict control while in or at “The Property”. Any fouling must be cleared up without delay. “The Guest” and other members of his party must bring the dog's bed or basket for sleeping in. Dogs must not be left alone in or at “The Property” or elsewhere at any time. Dogs must not lie on beds or furnishings, and hair must be cleared up before departing. “The Guest” and other members of his party must ensure that their pets are free from parasites and fleas before they occupy “The Property”. Failure to do so may incur subsequent charges. “The Guest” and other members of his party will be liable for any damage caused by their pet. Any damage is to be reported to “The Landlord/s” or “The Agent” immediately.
Pets other than dogs may be allowed at “The Landlord/s” discretion. This must be approved prior to making a Booking and can be arranged by emailing “The Agent” on info@nestancastle.co.uk. “The Landlord/s” has the right to refuse “The Guest” and other members of his party to enter or stay in “The Property” or ask “The Guest” and other members of his party to leave “The Property” before the end of the holiday period if prior approval has not been given. Additional charges and terms may apply.
Where “The Property” is located on the Isle of Wight “The Guest” and other members of his party can book a ferry crossing directly with selected ferry operators. “The Agent” does not offer any services of ferrying “The Guest” and other members of his party.
The ferry company alone are responsible for the safety of “The Guest” and other members of his party during the crossing subject to and in accordance with the relevant ferry company's terms of carriage.
“The Landlord/s” is solely responsible for providing the accommodation and for the safety of “The Guest” and other members of his party. “The Agent” accepts no responsibility for personal injury to, or death of “The Guest” and other members of his party or loss of or consequential loss or damage to their property, or for other matters over which “The Agent” has no control, except to the extent such personal injury or death is caused by the negligence or wilful default of “The Agent”.
The Guest should take out appropriate travel insurance if they wish to also cover accommodation cancellation and medical costs.
“The Agent” may as part of a booking introduce “The Guest” and other members of his party to the goods and/or services of third parties. “The Agent” shall not be treated as an agent for any such third parties, and any contract for the supply of such goods and/or services shall be between the third party and the “The Guest” and other members of his party.
If “The Guest” and other members of his party are booking for, as or on behalf of a business or business employee, that business shall indemnify “The Agent” and “The Landlord/s” against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by “The Agent” and “The Landlord/s” arising out of or in connection with their employees or their business’s breach or negligent performance or non-performance of these terms and conditions and “The Agent” and “The Landlord/s” 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 their booking shall be limited to the fees paid under their booking.
On arrival “The Guest” and other members of his party should familiarize themselves with the layout of “The Property” and any communal areas. Fire emergency evacuation plan is usually shown on the back of “The Property” entrance door, this will detail the evacuation route for “The Guest” and other members of his party to take in the event of a fire. Where “The Agent” acts as booking agent for “The Landlord/s”, “The Agent” does not warrant that “The Landlord/s” or block management manager or management company or whoever controls “The Property”, along with any communal areas, fully comply with relevant fire safety or Health and Safety legislation.
“The Agent” take their customer service very seriously, and work hard to meet their complete satisfaction. If “The Guest” and other members of his party have a complaint however or wish to offer some helpful feedback, then please contact our office by email: info@nestandcastle.co.uk
All electronic data transferred pursuant to these terms and conditions remains “The Property” of “The Agent” and may not be replicated in part or whole without written permission of the “The Agent” and may not be preserved indefinitely.
Any dispute, claim or other matter which may arise in relation to the booking will be governed by English and Welsh law and “The Guest” and other members of his party agree that any dispute arising under the Agreement including non-contractual disputes or claims will be dealt with exclusively by the courts of England and Wales.
COVID-19 UPDATES as on 1st May 2020 apply to UK accommodation only bookings. The safety of our guests and employees is of upmost importance to us. In light of this, and in line with latest government directions, we are contacting all customers who have booked with www.nestandcastle.co.uk and we are only accepting new bookings that have an arrival date after 31st May 2020.
Please ensure that you continue to contact us through our official channels, and we thank everyone for their patience as we work through your enquiries as quickly as we can.
For customers travelling on or from 1st June.
• Customers may request to transfer their holiday to new dates, free of charges
• Customers can request a change to the start date of their booking by up to 12 months.
• We will transfer your holiday to your preferred new date, subject to availability.
• If your original location or accommodation is not available, we will help you to identify other accommodation options.
Please be aware that if the cost of your accommodation when you transfer is higher than your original booking, you may have to make a further payment of the difference.
We will update this page should our policy on this change.
Where can I receive more information about coronavirus?
We would advise that you check the GOV.UK website for the most up to date information.
https://www.gov.uk/guidance/wuhan-novel-coronavirus-information-for-the-public
Where can I find the latest travel guidance from the government?
We would advise that you check the GOV.UK website for the most up to date information:
www.gov.uk/government/news/covid-19-essential-travel-guidance