Travelnest Guest Terms of Service

Modified on Fri, 04 Aug 2023 at 03:41 PM

Who we are

Travelnest Limited trading as Travelnest (“we/us/our” or “Travelnest”) is a limited liability company incorporated in England. Our company number is 09141571, and our registered office is at Johnston Carmichael Birchin Court, 20 Birchin Lane, London, United Kingdom, EC3V 9DU.

About these terms of service


These are the terms of service (“Terms”) which apply to any property or accommodation which is booked (“Service”) through our platform at https://account.travelnest.com/ (“Platform”). You may have been directed to our Platform through social media platforms (Facebook) and these terms will apply to any bookings arranged in that way,

By registering and using our Service, you are entering into a legal binding agreement with us based on these Terms (referred to as the “Agreement”). 


We reserve the right to amend these Terms from time to time. If the changes are deemed material, we will email you to alert you to our new Terms. Your continued use of the Service will be deemed to be acceptance of any new Terms.

About the Service

We are providing an online property marketing and booking service. For guests, this means that we facilitate the online process associated with booking a holiday home, including:

  • search for and book a property (“Booked Accommodation”);

  • processing payments for your Booked Accommodation; and

  • dealing with any enquiries and pre-arrival questions.


The terms which apply to owners of properties are separate and available at  https://travelnest.freshdesk.com/support/solutions/articles/101000365056-travelnest-terms-and-conditions.


Please note that we are not responsible for any on-site services (e.g. such as cleaning, maintenance or repairs).

Scope of our Services

You will be able to book accommodation directly with Travelnest through supported social media channels. 


You will be able to search the listing for the relevant property based on dates and availability. You accept that there may be minimum or maximum nights that apply and different cancellation policies that apply (dependent on the Owner’s own terms and conditions).


Bookings


When you book accommodation (the Booked Accommodation), you agree to pay all charges for the booking identified during checkout (the “Price”). When you receive the booking confirmation, a contract for the Booked Accommodation (the "Reservation") is formed directly between you and the Owner. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Booked Accommodation or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a  Booked Accommodation.

We aim to ensure any guests have great experiences using Travelnest but make no guarantees about (i) the quality, safety or suitability of properties made available for booking or (ii) the accuracy of any descriptions of such properties.

Policies

Your Reservation will detail the relevant policies for the Booked Accommodation (like the Owner’s cancellation policy, pet policy, security/damage deposits etc) and this information is also available on our Platform for the relevant Owner. 

You agree to follow these policies together with the reasonable instructions of the Owner as may be provided.

Cancellations, Refunds and Booking Modifications

In general, if you cancel a Reservation, the amount refunded to you is determined by the cancellation policy that applies to that Reservation. If the Owner cancels, or you experience an issue with the Booked Accommodation, you may be entitled to a full refund.


Owners and Guests are responsible for any booking modifications they agree to make via the Platform or that Travelnest may be direct to make on their behalf ("Booking Modifications"), and where a Booking Modification results in a change in Price, you agree to pay any additional amounts, fees or taxes associated with that Booking Modification.

Your Responsibilities

Guest Account

You must register an account to access and use our Platform. Registration is only permitted for legal entities, partnerships and individuals who are 18 years or older. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. 


The details of your account are confidential and you are responsible for maintaining the confidentiality and security of your account. You should not disclose your credentials to any third party and should notify us immediately if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You remain responsible and liable for ANY bookings conducted through your account, providing such activities are not authorised by you and you have notified us of a security issue with your account. 


If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

Accommodation Responsibilities

You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to the Booked Accommodation. In particular, you shall ensure that you leave the Booked Accommodation in the condition it was in when you arrived, (ii) you are responsible for paying for any damage caused to the Booked Accommodation (fair wear and tear excepted), and (iii) you must act with integrity, treat others with respect and comply with applicable laws at all times. 


You are also responsible for keeping the Owner up to date on your arrival time and any additional requests. You accept that failure to do so may result in the Owner cancelling the Booked Accommodation.

Acceptable Use

  • You must not store or transmit any material during your use of the Service that is unlawful, dishonest, threatening, defamatory, obscene, discriminatory or racially offensive.
  • You must not send or transmit any material which infringes any third party intellectual property rights.
  • You must not create a false identity or submit inaccurate, false or misleading information.
  • You must not transmit any unsolicited advertising such as spam or junk mail.
  • You should not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
  • You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform.

Price and Payments

Price

When you make a Reservation, you agree to pay the cost set out in the confirmation email together with any taxes and charges that may apply. Any obvious errors or misprints are no binding and may be cancelled by Travelnest with no obligation to provide the Reservation at the quoted price.  

Payments

We will be responsible for managing your payment and ensuring the completion of your transaction with our Owner. Payment to Travelnest will constitute payment of the due and payable price.

Refunds

When you request a refund, this will be processed in line with the Owner’s cancellation policy and Travelnest shall not be obliged to refund any amount paid for a Reservation without approval from the Owner.

Cancellation of this contract

You may cancel your Account at any time by giving us 30 days’ notice (“cancellation period”). To cancel your Account, please contact us at owners@travelnest.com.

Cancellation shall not affect any existing bookings, nor entitle you to any refund in any Reservations made, which you are obliged to honour. For the avoidance of doubt, this includes all existing bookings and all bookings made during the cancellation period, regardless of the relevant check-in date for each booking. At the end of the 30-day cancellation period, your Agreement with us will be terminated and we shall not accept further bookings from you.


We reserve the right to terminate this contract at any time by giving you 30 days notice. This may be as a result of failure to comply with these Terms and Conditions or any other reason that will be communicated to you.

Our rights in the Platform and Service

We own or validly licence all intellectual property rights in our Platform and Service, and in the material published on it. Except to the extent set out in the Agreement, or otherwise agreed in writing between us, you are not permitted to use such intellectual property rights.

Availability of Service

We shall use reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for planned or unplanned maintenance. However, we do not guarantee that our Platform, or any content on it, will always be available or be uninterrupted. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Platform. Travelnest may, temporarily (and by giving prior notice where possible) restrict the availability of the Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform.

Data Protection

We shall process all personal data in accordance with our Privacy Policy and we shall both comply with our respective obligations under applicable data protection legislation.

Disclaimer of warranties

The Service is provided on an ‘as is’ and ‘as available’ basis and to the extent permitted under English law, without warranties of any kind. In particular we make no warranty that the Service will meet your requirements or expectations or that it will be error free. We make no warranty regarding any transaction concluded between you and an owner or in connection with the Service, and you understand that each such transaction is entered into at your own risk.

Liability

Non-exclusion

We do not exclude or limit in any way our liability for:

  • death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
  • fraud or fraudulent misrepresentation; or
  • any matter for which it would be unlawful to exclude or restrict liability.

Our liability

We are not liable to you for any business losses. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for such losses, including any loss of profit, loss of business, business interruption, or loss of business opportunity.

Other than as stated in the non-exclusion section above, in no event shall we be liable to you (whether in contract, tort (including negligence), equity (including restitution), breach of statutory duty, or otherwise) for:

  • any defects, errors or omissions in any information, materials or instructions provided by you to us in connection with the Service, or any actions taken by us at your direction; or
  • any indirect or consequential loss arising under or in connection with the Agreement; or
  • any loss of profit, loss of revenue, loss of use, loss of goodwill, loss of data, business interruption or loss of anticipated savings, whether direct or indirect; or
  • any ex gratia payment or sum paid in settlement of a claim without our prior written approval.

Our total liability to you in respect of all other loss or damage arising under or in connection with the Agreement shall in no circumstances exceed the cost of the Booked Accommodation, as set out in the Reservation.

This section shall survive termination of the Agreement.

General

If we choose to waive any particular right we have under the Agreement on any particular occasion this does not prevent us from exercising that right on another occasion.

If any part of the Agreement is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Agreement.

You are not entitled to transfer or assign your rights and obligations under the Agreement to anyone else without our prior written permission.

If there are any disputes arising out of your use of the Platform or the Service, or otherwise relating to the Agreement, then these will be governed by English law and subject to the exclusive jurisdiction of the English Courts.

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