GUEST TERMS AND CONDITIONS

1. THE AGENCY

nightspace Limited of 8 Arthington Avenue, Harrogate HG1 5NB (“The Agency“) acts entirely as a booking and operating agent. It arranges bookings and reservations of accommodation on behalf of third party “Property Owners “and acts as “agent” to you the Guest (“the Guest”).  References in these Conditions to “we”, “our” or “us” are references to nightspace Limited. References to “you “or “your” are references to the person making the booking and all members of the Party who have been notified to and accepted by us.

2. FORMATION OF CONTRACT

A binding contract between the “Guest” and the owner of the accommodation, the “Property Owner” shall be entered into upon issue of a Booking Confirmation. The Guest is solely responsible for payment of the accommodation. The Guest is wholly responsible for compliance with the Terms and Conditions set out hereunder and ensuring that any other visitors to the property adhere to the same. Occupation of the accommodation by the Guest serves as acceptance of these terms and Conditions.

3. BOOKING AND PAYMENT

Booking requests can be made via email or phone, directly to “The Agency”, a confirmation will be sent in writing (normally by email).  A 20% deposit will be charged to the credit / debit card upon reservation, alternative payment terms may be agreed.   The remainder will be charged to the same card 21 days before arrival.

For longer term stays e.g. longer than 2 months, a payment of minimum 2 months’ accommodation is required to secure the booking. A refundable security deposit of minimum £250 is payable at the time of booking. This will be returned once the property has been fully checked after departure. Any damage, replacements or excess cleaning required will be deducted from the held deposit, should this exceed the amount of the deposit, the balance is payable immediately. A monthly payment system may be negotiated for longer term stays providing they have been agreed in writing by The Agency.

The Agency reserves the right to request a held deposit from the Guest where they view necessary. 

4. CHECK IN AND DEPARTURE

Check in is from 3pm, a key will be left in a secure box on site and you will be given the access details once final payment is received. Please ensure keys are returned to the box where you found them. Lost keys will be charged at £20 per key. Please ensure you vacate the property by 11am on the day of departure, or a late check-out charge will apply at the rate of £30 per hour thereafter.

5. LIMITATION OF LIABILITIES

The use of accommodation and amenities, where offered, is entirely at the Guest’s own risk, and no responsibility can be accepted for injury, nor loss or damage to the Guest’s belongings. To the fullest extent permitted by statute we exclude liability for injury, loss or damage to or incurred by anyone using the accommodation.  No responsibility can be accepted for loss or damage to any car or its contents or unavailability of the accommodation due to circumstances beyond our control. Neither The Agency nor the Property Owner accepts responsibility for any consequential loss as a result of the forgoing.

6. BOOKINGS FROM MINORS

Bookings from persons under the age of 18 years cannot be accepted.

7. WARRANTIES

The Agency does not warrant and is in no way responsible for the accuracy of any verbal information given or statements made. Images displayed on the internet and marketing material are for indicative purposes only and may not be entirely representative of the actual accommodation.

8. CHARGES

We reserve the right to pass on any Bank Charges in the conversion of Foreign Currency (costs for representing cheques). Cheques returned by the Bank, either to represent or to refer to drawer, will be charged at £20 to cover costs and inconvenience. Any call out charges which are not a result of any fault with the property will be charged at £25 per half hour, with a min call out fee of £25, please note this includes misplacement of keys / being locked out of the apartment.

Amendments to bed configurations requiring a housekeeping return to the property are charged at £25.

Replacements for lost parking permits (Regent House) are charged at £30 each.

9. PETS

Some of our Property Owners will accept a max of one or two pets, however this must be arranged via nightspace Limited in advance of your arrival. There is a charge of £5 per night per pet, plus an extra cleaning fee of £25 per pet, as extra cleaning time is always required when a pet has stayed, for longer term stays this charge may increase. Most of our Property Owners request a refundable deposit of £250 and a check out clean fee. Please take care that the property and furniture are not damaged by pets, keep them off the furniture and remove any pet hair before departure.

Dogs must not be left for long periods of time unattended. We kindly request if you are working or out for an extended period, that the dog is not left alone, there are several Doggy Day Care facilities in the area, or dog walkers who can assist, please let us know if you need any assistance finding any. Any complaints of prolonged barking, will mean the pet is no longer able to stay at the property.  Extra charges will be levied for excess cleaning needed due to pets or the replacement of any carpets or furniture as required.  Please pay particular attention to animals scratching or chewing furniture. Any charges will be at the rate of cost plus 20% administration fee.

10. DAMAGE AND LOSS

The Guest and anyone who occupies the apartment with you agree to keep the apartment (including all equipment, utensils, furniture etc) clean and tidy and to leave the apartment in the same condition as you found it upon your arrival. You and anyone who occupies the apartment with you further agrees not to use the apartment for any commercial purpose, including without limitation, assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted by us. No hired entertainment is permitted in the accommodation.  Accommodation is strictly no smoking.

Any damage or loss must be reported to us at the first available opportunity in normal working hours, except in case of emergency when it should be reported immediately.

If there is any visible / significant damage present when the Guest arrives at the property, we request it is reported as soon as possible so it can be addressed and there is no confusion reference responsibility.

The Guest will co-operate with us and ensure the co-operation of any third party at his own expense to investigate damage or loss to the accommodation or its contents during the Stay and, where appropriate, to facilitate an insurance claim in relation thereto.

The Guest will pay us on demand the cost of repairs, redecoration and replacement in respect of any damage or loss to the accommodation or its contents during the Stay together with an administration charge equal to 20% of such cost.  We shall act reasonably but shall otherwise have unfettered discretion as to what expense we incur pursuant to this clause, and shall not be obliged to obtain the consent of the Guest to any such expenditure.  In addition to any other charge, a payment of not less than £50 will be levied for cleaning if there is evidence that smoking has taken place in the Accommodation during the Stay.  Such charges will be charged to the Guest’s card which was used for payment of the booking.

The Guest is responsible for taking all reasonable care of the apartment and its contents. This includes ensuring all windows and doors are closed/locked when not physically occupying the property. The Guest is responsible for making good any damage or additional cleaning to/of the apartment or its contents and our general consequential losses which have occurred due to negligence, wilful or accidental damage or irresponsible behaviour, on the part of the Guest or those occupying or entering the apartment during the stay.

Should the condition of the apartment be such that it could not reasonably be let as luxury short term, furnished accommodation then the Guest will compensate the Property Owner for loss of accommodation income. If the property is a two bedroom unit and only one bedroom is damaged we will charge 85% of the aforementioned rates. If the inability of the flat to be occupied causes the property owner or ourselves to lose a booking, we reserve the right to charge you the full value of that booking.

11. USE OF THE ACCOMMODATION

The number of persons using the accommodation (except for babies in cots where applicable) shall not exceed the maximum number stated, unless otherwise arranged. Cots shall be deemed suitable only for children of 2 years and under - Cots are only available by arrangement at the time of booking (no cot linen can be provided by nightspace Limited). The Property Owner is entitled to refuse admission to any persons or animals not declared/named on the Booking Form or agreed to in writing at an earlier date. The accommodation may be used only between the dates specified in the Booking Confirmation. The Guest will acquire no right of exclusive possession and occupies the accommodation at all times only under temporary licence from the Property Owner which may be revoked at any time. It is specifically agreed that no tenancy is to be created as a result of your booking, payment(s) and/or occupation of the accommodation, however long that may persist. Our sending to you of any gas safety or electrical certificates or “How to Rent” booklet is not to be taken as displacing or affecting your occupation of the accommodation under temporary licence only.

11.1      The accommodation may not be used for commercial or business activity.

11.2      During the Stay, the Guest shall ensure that the accommodation and any access or other amenity associated with the accommodation is not used in such a way as might reasonably be expected to cause a nuisance, annoyance, injury or offence to any third party.  Specifically but without prejudice to the generality of this paragraph, no music or other noise is to be audible outside the accommodation after 11pm or before 7am and the staircases, lifts and passages affording access to the accommodation shall be kept clear of obstruction at all times.

11.3      Strictly no parties, events or organised gatherings are to be held within the property. Any evidence of such will carry a £1000 penalty fee and may be passed to the police for investigation.

11.4      No hired entertainment is permitted in the accommodation.

11.5      We will charge an administration fee of £150 for dealing with each and every third party complaint relating to use of the accommodation during the Stay and will additionally recover from the Guest any expense or loss reasonably attributable to such complaint. 

11.6      The accommodation may be used for overnight stays only by the number of persons specified by the Guest when ordering the accommodation or otherwise agreed in writing by us in advance.

11.7      We will provide cots if requested at the time of the Guest’s order but we will not provide cot linen.  A cot may only be occupied by a child of 2 years or under. Charges apply.

12. ALTERATIONS TO MARKETING LITERATURE

The information contained in the marketing literature produced is believed to be accurate at the time of going to press. However, the Agency reserves the right to make minor alterations if required, and shall endeavour, where possible to inform Guests of such amendments.

13. ACCESS

The Property Owner, his authorised representatives and/or contractors are permitted access to the accommodation at any time with or without notice during your occupation.

14. COMPLAINTS

Whilst every care is taken to ensure complete satisfaction with your accommodation, in the unhappy event of you having cause for complaint, please contact nightspace Limited at the first possible opportunity so every effort can be made to rectify any issues as soon as possible. Complaints cannot be dealt with effectively once the Guest has departed from the accommodation.

We request that noise volumes are kept to an acceptable level. Any complaints resulting in a change of booking for your party or another party will carry an administration fee of £150 plus any extra costs incurred through relocating Guests.

15. CANCELLATION POLICY

Should you wish to cancel your booking with us, you must notify us in writing as soon as possible by email to: enquiries@nightspace.co.uk

The booking will be cancelled with effect from the day that the written notice of cancellation is received by us. Our cancellation charges are as follows:

Advance bookings (bookings received 30 days or more before arrival): Cancellations on or within 30 days of arrival, total amount is payable and will be charged to the card used for the initial 20% payment.

Cancellations in advance of 30 days before arrival: 20% cancellation fee will be levied, this will have been paid at the time of booking and is non-refundable.

Late bookings (bookings received 30 days or less before arrival): These bookings will be charged at the full room rate, they will have been paid in full at the time of booking and no refund will be given.

For the avoidance of doubt, refunds will not be applicable for non-arrivals.

You are strongly advised to obtain appropriate and adequate travel and personal insurance cover as, depending on the reasons for your cancellation, you may be able to reclaim our cancellation charges from your insurance company. Regrettably, and due to the difficulty in re-letting the apartment at short notice, any curtailment of your stay will be non-refundable. Where a balance is outstanding, the balance must be paid in full before departure.

COVID-19: If you are not able to travel due to COVID restrictions, you can change your dates anytime over the next 2 years from the date of your original date, subject to availability.

16. CANCELLATION OF YOUR BOOKING BY NIGHTSPACE LIMITED

In the unlikely event that problems occur and your booking has to be changed or cancelled, we will contact you either by email or telephone and as soon as is reasonably practicable to explain the circumstances of change or cancellation. Where possible we will offer you an alternative apartment of similar type and standard, if this is not possible we will cancel the booking and offer a full refund. There will be no refund or compensation paid where suitable alternative accommodation has been offered.

nightspace Limited reserve the right to remove a property / properties from sale at any point. Any bookings against such properties will be refunded in full.

17. AMENDMENTS

Any amendments to Invoices, (i.e. name, address etc) or the booking will incur a charge of £50 - please ensure that the main named person on the Booking Form is the person to whom the invoice is to be made. Changes to dates will be looked at on an individual basis, small changes, where possible may be permitted and are dependent upon availability. If you are unable to travel due to COVID restrictions, please contact us at your earliest inconvenience, we can offer the option to change your dates.

18.  LARGE GROUPS OF 8 OR MORE GUESTS

For bookings of 8 or more Guests, we require a £250 refundable security deposit with the balance payment before arrival which will be refunded on satisfactory inspection of the apartments following departure.  Any damage or additional cleaning will be deducted from the deposit.  Please also note that any hired entertainment of any kind is forbidden in the apartments, and noise complaints will be subject to the above charges.

19.  LOST PROPERTY

Lost property found in your apartment/s can be forwarded on for an administration charge of £10 plus postage and packing costs to be charged to the payment card held.

20. DISPUTE RESOLUTION

The Guest and ourselves agree to make all reasonable efforts to negotiate a settlement of any dispute arising out of this Contract (other than an issue for which injunctive relief is sought) in good faith.  This contract is governed by the law of England and Wales whose courts shall have exclusive jurisdiction.

21. ELECTRIC VEHICLE CHARGING

Electric vehicle charging points are only available at nightspace accommodation where specifically stated.  Please only charge electric vehicles via EV charging points, the cost of this according to the owner’s tariff will be passed on to the guest.  

Please do not charge electric vehicles via mains sockets in the accommodation.  Any costs incurred by nightspace for electrical supply disruption and restoration resulting from charging vehicles in this way will be passed on to the guest.