Booking Terms and Conditions
Scope
Nestor Group Ltd. (“Nestor”) is an agent that provides accommodation and additional relevant services (“Services”) at physical properties (including but not limited to apartments, studios, individual rooms) that are managed, licensed, leased, rented, and/or developed by us or any of our partners or clients. In such cases where Nestor is managing a property on behalf of the owner of the property (“Owner”), we act as agent for the Owner.
Our confirmation of your Reservation creates a legally binding contract between you and us regarding your use of our Services and the accommodation unit(s) offered at the Premises, which shall be governed by these terms and conditions (“Agreement”). Failure to use the Service or the Premises in accordance with this Agreement may subject you to civil and criminal penalties.
Reservations
If the requested Premises is available and a Reservation is made, Nestor will confirm in writing (a “Confirmation”) provided by us to you by email or other means.
Upon confirmation, subject to your complete and ongoing compliance with this Agreement and subject to applicable law, the Owner grants you a limited, exclusive, non-transferable, revocable license to occupy the specific accommodation unit at the Premises. The licence to occupy is valid only for the specific period of time that you have reserved, is for personal and non-commercial purposes only and for the maximum number of occupants permitted by us and specified by you at the time of booking.
The Owner grants the temporary license for the Guest to use the Premises and the furniture, fixtures, fittings and equipment therein for the term designated by us on the reservation confirmation.
Offers from Nestor in relation to available accommodation are subject to change and are not binding until a Confirmation has been sent. Nestor can, at its own discretion, refuse to send a Confirmation.
For the avoidance of doubt, neither this Agreement, nor the licence granted is a lease on the Premises.
Important Note: The Guest acknowledges and warrants that the accommodation provided under this Agreement shall not be their primary residency.
Fees and Payment
Certain features of our Service may require you to pay one-time and/or recurring fees. Before you pay any such fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are non-refundable, unless expressly provided otherwise in writing by us.
We reserve the right to determine pricing for the Service and any products we offer for sale, including, without limitation, for on-site services, or accommodation that you reserve. We will make reasonable efforts to keep pricing information that is published on our website up to date, but may not necessarily provide all specific pricing information online. We may change any of the pricing information (including by adding applicable taxes, fees or charges) at any time. We may make promotional offers with different terms and pricing to any of our customers. These promotional offers, unless made to you, will not apply to you or this Agreement.
Valid means of payment are available on request. Note that cash payments are not accepted.
Any disputes in relation to payments charged shall be notified in writing by a Guest to Nestor within 5 days of payment being taken by Nestor. Any other disputes shall be notified in writing by the Guest to Nestor within 21 days of the period of booking. Please note that refunds can take up to 7 days. We will acknowledge all disputes within 24 hours and aim to respond in full within 72 hours.
Extensions
If you wish to modify or extend the dates of your Reservation, you will be charged the Premises’ then-current market rate for the modified dates, which may be different (higher or lower) than the rates applicable to your existing Reservation. You will have an opportunity to review and accept any additional fees and/or charges prior to modifying such Reservation.
Cancellation Policy
A Reservation can be cancelled by the Guest in accordance with the stated cancellation conditions, stating the Reservation number. Once the cancellation periods have expired, cancellation is excluded and Nestor retains the right to the agreed remuneration. The same applies if the Guest does not arrive at the booked accommodation (“No Show”).
No shows, late arrivals, and early departures cannot be refunded.
All Reservations are valid until 05:00am on the day following the scheduled arrival. After 05:00am the Guest is classed as a No Show and the Reservation and licence are revoked automatically. Nestor has the right to offer the reserved accommodation to another party.
Note: When booking 3 or more units, different cancellation policies may apply to those stated.
Deposit
The Deposit (if any) will be notified to the Guest at the time of booking, and is payable by the Guest to Nestor as per the terms defined at the time of booking.
A complete refund of the Deposit shall be made subject to Nestor, at its sole discretion being satisfied with the conduct of the guest as per the terms of this agreement.
Provided that there is no breach of any of the terms and conditions herein, Nestor shall refund the Deposit to the Guest without interest within 7 days from the date of vacating the Premises or settlement of any outstanding payment owed by the Guest to Nestor.
The full amount of the deposit (minus and charges against the total) will be sent by Nestor, any deductions, FX fees and charges will be judged to have been made by the Guests bank and Nestor is not liable for these.
Other Charges
During the period of the licence to occupy, management fees, rent and all outgoing charges for use of utilities such as water, electricity, internet, gas and heating fee are not payable by the Guest unless otherwise stated.
Eligibility
You must be at least 18 years old to use the Service. By making a reservation, you represent and warrant to us that: (1.) you are at least 18 years old, and are fully able and competent to enter into this Agreement; (2.) you have not previously been suspended or removed from the Premises or any of our properties;
(3.) your use of the Premises is and will be in compliance with any and all laws, rules, and regulations that apply in the country in which the Premises is located;
(4.) if you are an organisation, the individual accepting this Agreement on your behalf represents and warrants that he or she has the authority to bind you to this Agreement and you agree to be bound by this Agreement;
(5.) you are not making the booking for any illegal or immoral purpose, including in contravention of any applicable law or using any proceeds derived from such activity.
Nestor may immediately terminate the booking and, if applicable, remove you from the Property if Nestor reasonably suspects these provisions are being breached.
Sanctions
In this section the following words have the following meanings:
Sanctions: any laws or regulations relating to economic or financial, trade, immigration, aircraft, shipping or other sanctions, export controls, trade embargoes or restrictive measures from time to time imposed, administered or enforced by a Sanctions Authority.
Sanctions Authority: the UK, the USA, the EU, the United Nations (UN) (and any other governmental authority with jurisdiction over the Guest or any part of its business or operations, and in each case their respective governmental, judicial or regulatory institutions, agencies, departments and authorities responsible for the implementation and enforcement of sanctions, including (without limitation) the UN Security Council, Her Majesty’s Treasury, the UK’s Office of Financial Sanctions Implementation, the Department of Business and Trade, the Export Control Joint Unit, the Office of Trade Sanctions Implementation, HM Revenue and Customs and the United States Department of Treasury’s Office of Foreign Assets Control.
Sanctions List: any of the lists issued or maintained by a Sanctions Authority designating or identifying persons that are subject to Sanctions, in each case as amended, supplemented or substituted from time to time, including (without limitation) the UK Sanctions List, Consolidated List of Financial Sanctions Targets in the UK, the Consolidated United Nations Security Council Sanctions List, the Consolidated Financial Sanctions List administered by the European Union, the List of Specially Designated Nationals and Blocked Persons, Foreign Sanctions Evader List, and Sectoral Sanctions Identification List administered by the United States Department of Treasury’s Office of Foreign Assets Control.
Sanctions Target: a person that is:
- listed on a Sanctions List;
- owned or controlled by a person listed on a Sanctions List;
- resident, domiciled or located in, or incorporated or organised under the laws of, a country or territory that is subject to any Sanctions; or
- otherwise identified by a Sanctions Authority as being subject to Sanctions.
The Guest warrants that at the date of the Reservation it is not:
- a Sanctions Target and has not been a Sanctions Target at any time and nothing has occurred that could reasonably be expected to result in it becoming a Sanctions Target; and
- contravening and has not contravened any Sanctions at any time.
At all times during the duration of the Reservation the Guest shall not contravene any Sanctions, and not do, or omit to do, any act that will cause or lead the Owner or Nestor to contravene any Sanctions.
Nestor may immediately terminate the booking and, if applicable, remove you from the Property if Nestor reasonably suspects these provisions are being breached.
Check-in Information
Access to the Premises will be given along with relevant instructions once payment has been made in full in accordance with the booking terms. In addition we require completion of the Nestor online pre check-in form prior to granting access. We ask for this to be completed accurately and in full at least 2 days before arrival.
The Check-in time is from 15:00 on your day of arrival unless otherwise stated.
You can access the Premises anytime from the check-in time onwards, even overnight. However note from 05:00 on the day following your arrival date, any non-arrivals will be classed as a “No Show” (see Cancellation Policy section).
Depending on availability we may be able to accommodate an early Check-in. We will only be able to confirm if this is possible 24 hours before your arrival as we may have another guest departing. If you would like an early Check-in you will need to request this and have this confirmed in writing by us.
The majority of Nestor properties have a keyless system to check yourself in before your arrival however in some cases guests will be issued keys to access the Premises. Please note that we provide one keyset by default.
If you lose your keyset, you are liable for the full cost of the lock replacement.
If you accidentally lock yourself out, please make sure that you get in touch with us immediately so we can assist you. If we do not have any personnel on-site and need to arrange for a team member to assist you after 18:00, you will be charged up to £200.
If it is out of hours and we are not able to assist you, under no circumstances are Guests permitted to instruct a third party to change or to drill a lock if they are locked out. Guests will need to find alternative accommodation in this case.
Should a Guest or a service provider instructed by the guest; damage, break, drill or replace the lock at the Premises, they agree to pay the full cost of a ‘like for like’ replacement including parts and labour. The contractor to be selected by Nestor.
There is a fixed admin fee of £75 for Nestor arranging replacement of locks. In addition any loss of revenue should rental of the apartment not be possible due to having to replace the lock, will be recharged to the guest.
An invoice will be provided to the Guest for immediate payment from their payment card or charged via their bookings agent.
If a Guest is unable to access the Premises due to loss of keys or is unable to remember their access code, under no circumstance will Nestor be held responsible.
Check-out Information
The Check-out time is 11:00 on your day of departure unless otherwise stated.
Unfortunately we cannot accommodate late check out unless expressly confirmed by us in writing in advance. It is important that Guests leave on time so our cleaning company can prepare the Property for the next incoming Guests.
Unless agreed in advance by Nestor, guests that do not depart the Property by 11:15 are subject to “Overstay” terms (see below).
Provided for your stay
Fresh bed linen and bath towels are provided for all guests.
Shower gel/shampoo and hand soap are also provided. Additionally, at some Nestor properties and depending on availability, we may provide coffee, tea, sugar, salt and pepper and other amenities. Unless otherwise stated, we do not guarantee that these items will be replenished for the full duration of your stay.
The Premises will be professionally cleaned and prepared before your arrival and supplied with the amenities and utilities described in the relevant property listing on Nestor’s or the applicable OTA’s website. If you are unsure whether a particular amenity is provided, please enquire before your stay.
Complimentary housekeeping at selected properties
For Reservations at Claridge House, The Eccleston, Kings Yard, The Bourne, The Carlyle, The Maddox, Hermes Hotel, The Courtfield, The Knaresborough and The Regency, complimentary housekeeping is included for qualifying longer stays:
For stays of 14 to 89 nights, a 14-night stay includes one complimentary mid-stay clean. One additional complimentary clean is included for each additional full week of your stay. For example, a 21-night stay includes two complimentary cleans and a 28-night stay includes three.
For stays of 90 nights or more, one complimentary full service clean is included for every seven nights of your stay.
Each complimentary clean is a comprehensive full-apartment service and includes cleaning of all rooms, including kitchens and bathrooms; replacement of bed linen and towels; replenishment of toiletries, guest amenities, cleaning materials and consumables; and waste removal.
For stays of fewer than 14 nights at these properties, no complimentary mid-stay clean is included.
Additional housekeeping can be arranged upon request for an additional charge. Where your Reservation already includes complimentary housekeeping, you will only be charged for cleans requested in addition to your included entitlement.
All other Nestor properties
Unless expressly stated otherwise in the relevant property listing or Reservation Confirmation, complimentary mid-stay housekeeping is not included at other Nestor properties. Mid-stay cleaning and fresh bed linen and towels can be arranged upon request for an additional charge. The cost varies depending on the property booked.
Additional or chargeable mid-stay cleaning and bed changes should be requested at least 24 hours in advance. We cannot guarantee scheduling where sufficient notice is not provided.
Nestor may also advertise certain additional guest services at the Premises, such as taxi transfers. Nestor acts as a booking agent where additional services are provided by a third-party company. Your use of these services will constitute an agreement between you and/or your guests and the relevant company. Use of these additional services is at your and your guests’ own risk, and you and your guests agree not to hold Nestor responsible for any issues in connection with the use or purchase of services provided by third parties.
Prohibited Conduct
Important Note: Every guest is requested to observe and comply with the regulations established by Nestor to maintain the quality of the Premises and to ensure that all guests have a pleasant and safe stay. Breaching these Conditions may result in immediate termination of your licence to occupy and removal from the Property.
In addition to all other rules and restrictions contained in these terms and conditions Guests may not:
Use the Premises for any immoral or illegal purpose including any violation of city, national, or international law.
Cause noise or disturbance that is judged to be excessive in the sole opinion of Nestor staff. Note that quiet hours are between 10:30pm and 9am. No parties are allowed at any time.
Carry out any alterations to the fabric of the Premises nor to affix anything to the walls or ceilings or the floor without permission from Nestor.
Remove any of the furnishings, fixtures or fittings whatsoever.
Use the Premises for any commercial purposes (including gambling) or to sublet the Premises.
Register subscriptions, bank accounts or other services at the Premises.
Allow any person to enter the Premises other than the persons named at the time of booking or on the pre arrival check-in.
Bring any pets or animals into the Premises except guide dogs and assistance dogs. Should you require a guide dog or assistance dog, please inform us at least 24 hours in advance of your stay.
Smoke anywhere inside the Premises, including common areas or within a 5-meter distance of the front doorway. Breaching the non-smoking policy will result in immediate termination of the guests licence to occupy, removal from the Premises and a fine of up to £500 imposed for the odour treatment of the Premises and any loss of revenue should rental of the apartment not be possible in the opinion of Nestor. In addition the Guest will be charged accordingly for any additional damage occurring to the Premises
Duplicate keys, entry codes or provide any other means of access to any other third party aside from those guests staying within your party. If keys are duplicated without permission, we retain the right of charging you any further expenses incurred for lock replacement.
Bring into the Property any illegal, dangerous or hazardous substance or item including illegal recreational drugs.
Engage in any conduct that is fraudulent, defamatory, obscene, pornographic, vulgar, offensive, violent or threatening or promotes violence or actions that are threatening to any individual or organization including Nestor staff, members of the public and other guests.
Perform any activity or create any condition in or on the Premises or on any Booked Property, Amenities, or Property that could create a nuisance, annoyance, or disturbance to any other residents or neighbors of surrounding properties.
Attempt to do any of the foregoing or assist or advocate, encourage, permit, or assist any third party in doing any of the prohibited conduct in this agreement.
Damage to Property and Theft
You are responsible for leaving the Premises in the same condition in which you arrived.
In the event of damage or theft that goes beyond normal use, caused by you or your guests, Nestor has the right to charge you for damages or replacement as well as for any separate expenses incurred to remedy the damage, including any loss of revenue from any rental of the apartment we deem possible as a result.
Nestor will provide you with reasonable evidence of such damage or suspected removal or theft such as photographic evidence.
As such we will be automatically entitled to charge your chosen payment method for the full remedial amount and if relevant any lost revenue. If we do not have your payment details on file, the settlement funds may be obtained via the OTA, bookings agent or company that you booked through. Otherwise you will be invoiced via email with payment terms being 48-hours.
If you do cause damage to the Premises or you notice any damage beyond expected ‘wear and tear’, please be sure to contact us immediately.
If you notice an issue with the Premises, please let us know during your stay so we can take action to remedy the problem. We will not take into consideration anything reported after check-out, if the issue was unreported during your stay.
Personal possessions
Nestor and the Owner will not be liable for the loss or theft of valuables or any other personal possessions. Luggage, valuables, electronics, documents and any other item that you bring with you into the Premises is at your own risk and we recommend storing these as securely as possible.
When you depart the Premises you are responsible for taking all personal possessions with you. If any loss is reported, we will take reasonable efforts in locating these and if found any unclaimed articles whether valuable or not shall be held for a maximum of 14 days. Articles which remain unclaimed after this period may be discarded. Perishable items such as food will be discarded immediately.
You will need to arrange for a courier or arrange with Nestor to personally collect any article left behind in the Premises subject to availability. Should Nestor be required to mail or courier the item to you, then the cost will be recharged to you.
We highly recommend that Guests do not have mail or items delivered to the Premises at which they have booked. Any mail, post or other items that are sent to Guests is their own responsibility and Nestor will not be responsible should items get lost or be stolen. Note there will not be a permanent member of staff on-site, therefore Nestor is not able to receive/hold mail for Guests under any circumstance.
Maintenance
Nestor will make reasonable efforts to carry out any necessary maintenance whilst there is no Guest inside the Property. However from time to time we may require access whilst a Guest has booked a Property.
If we do need to carry out maintenance work and access to your accommodation at the Premises is required, our team will notify you in advance via email or via the phone number provided during the time of booking. If we are unable to contact you or we do not receive any acknowledgment, we reserve the right to grant access to the maintenance team or contractor as we deem appropriate.
Luggage Storage
We are not able to provide any luggage storage or drop off service at the Property unless otherwise stated. If you need to store your bags before check-in or after check-out we recommend checking online via our partner Stasher at https://stasher.com/ – you can use the discount code NESTOR to receive 10% off.
Termination
Should a guest violate any provision of this Agreement, or Nestor is no longer able to provide use of the accommodation for any reason, the limited license granted for occupation of the Property is automatically terminated and you must immediately cease all use of the Property. Notwithstanding any unpaid amount that was due prior to termination will still apply.
Overstay
Should a guest not depart the Property 15 minutes following the agreed check-out time (11:00 unless written agreement from Nestor is provided), they are judged to have overstayed their reservation and the below fees may be added to the cost of their stay;
First hour following check-out time: £50
Second hour following check-out time: The cost of the following 1-night at the current direct rate at the time as deemed by Nestor.
Any additional time period: The above cost and any additional costs and expenses incurred by the company as a result of not being able to provide the accommodation at the Premises to other Guests that are due to arrive on that day. This includes the cost of relocation of the other guests in the Premises or in other properties of a similar standard that are managed by Nestor or other accommodation providers as required.
Please be aware that there may also be additional costs associated with reputational damage should an overstay result in us not being able to accommodate other guests.
Nestor reserves the right to remove you and any and all of your Guests from the Premises and take legal action against you and your guests to the maximum extent permitted by applicable law.
Legal Fees and Expenses
If Nestor is required to engage legal counsel to enforce the conditions of this Agreement, including to remove you, your guests or your belongings from the Premises and to collect any amounts due, you shall be responsible for all lawyers fees and the associated legal expenses incurred in connection with the foregoing.
Invoices
Unless otherwise stated Nestor is acting as managing agent for the Owner. The Owner is acting as the accommodation provider and as such, any invoice provided, may be in the name of the Owner and not Nestor.
Should the Guest book via an Online travel agent (OTA) such as Booking.com, Expedia or Airbnb etc. they may obtain an invoice directly from the OTA in which they booked through.
An invoice by Nestor to guests that have booked directly (i.e. not via an OTA) will always be provided as a download or via email.
Severance
In the event that one or more of the provisions of these terms and conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of these terms and conditions. The remainder of these terms and conditions will be valid and enforceable.
Data Protection and Privacy Policy
The data protection and privacy policy can be viewed here.
Web site information
While all reasonable efforts have been taken to ensure the accuracy of information on third party websites such as “OTAs”, Nestor does not accept responsibility for errors or omissions and reserve the right to amend, cancel or vary any of the arrangements featured on these without notice. Please note that in certain circumstances, generic photographic images have been used to represent the general style of a particular product or Property.
The content of the Websites is the copyright of the Owner, and may not be copied, reproduced, published, distributed or amended for any other purpose without our prior written consent.
Modification of this Agreement
We reserve the right to change this Agreement (including any of the Additional Terms in accordance with those agreements and applicable law) on a going-forward basis at any time. If there is a change in the Agreement that has a material effect on your stay, you will be informed at the earliest possible opportunity.
Limitation of Liability and Indemnity
Nestor and the Owner accept liability for death and personal injury arising from its negligence or that of its employees and agents. Neither Nestor nor the Owner seek to exclude their liability for fraudulent misrepresentation by them or their employees or agents.
If Nestor breaches these terms and conditions for reasons within our control we, and to the extent any liability for such breach is attributable to the Owner, the Owner, shall only be liable for losses that are direct losses and a reasonably foreseeable consequence of such breach. In no event will Nestor nor the Owner be liable for any unforeseeable losses (these being losses which it was not obvious would happen and nothing you said to Nestor or the Owner before we accepted your Reservation meant Nestor or the Owner should have expected such loss).
To the extent that you use the Services for the purposes of your trade, business, craft or profession then, save in respect of any liability which cannot legally be limited, both Nestor’s and the Owner’s total liability to you for all losses arising under or in connection with any contract between you and Nestor or you and the Owner, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the Reservation and all claims for loss of profit or indirect or consequential loss are wholly excluded.
To the fullest extent permitted by law, guests are responsible for their use of the Premises and will indemnify Nestor and the Owner and their officers, directors, employees, contractors, consultants, subsidiaries, property owners and Landlords from and against any claim brought by a third party, arising from your or your Guests use of, or misuse of the Premises and any service that Nestor provides.
Your rights
If you are a non-business guest you have certain rights under consumer protection legislation. Nothing in these terms and conditions is intended to affect those rights.
Force Majeure
Neither Nestor nor the Owner will be held liable or be deemed to be in breach of this Agreement by reason for any failure or delay in performing their obligations where this is beyond control of Nestor or the Owner. Such causes include, but are not limited to: power failure, internet, Company failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, pandemic, governmental action, or any other event or other similar events of “force majeure” that are beyond the control of Nestor or the Owner.
Disputes
The parties shall use reasonable endeavours to resolve any dispute amicably and in good faith. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the United Kingdom (and any court of appeal) and waives any right to object to an action being brought in those courts, including on the basis of an inconvenient forum or those courts not having jurisdiction.
Law and Jurisdiction
This agreement is governed by and is to be construed in accordance with the laws of United Kingdom applicable therein.
Notices and service
Notices are served by sending the same by registered post, recorded delivery to the last known address of the other Party or by email and any receipt issued by the postal authorities will be conclusive evidence of the fact and date of posting of any such notice.
All notices delivered will be deemed to be received within seven days of posting provided that the notice is sent to the last known address of each party.
Important COVID-19 notice
Guests are required to comply with all UK government regulations and guidance; your stay with us will be governed by these. Before booking we ask guests to check the current laws and restrictions around travel and accommodation to ensure they are compliant, here: https://www.gov.uk/coronavirus
We ask guests to pay special attention to the cancellation policy of their reservation as we are not able to offer refunds or exceptions outside of the cancellation window due to changing travel restrictions or other events related to the pandemic.
We require all guests to inform us should they experience symptoms associated with COVID-19 and to follow the official guidance issued by NHS England here: https://www.nhs.uk/conditions/coronavirus-covid-19/symptoms/