LONDON NEST – SUPPLY OF PROPERTY SERVICES CONTRACT
|London Nest:||London Nest Limited (No. 07422337)|
|London Nest’s address:||Aruna House, 2 Kings Road, Haslemere, Surrey, GU27 2QA|
|London Nest’s VAT number:||155859272|
|Services Start Date:||The date the Contract is entered into by the parties.|
|Services:||the property management and advisory as further detailed below.
In respect of the services please note for the avoidance of any doubt, London Nest will not be responsible in any way for any obligations of the landlord of any particular property. It is important that the Client and the Client’s customers are aware that they will need to enter into a separate arrangement at their own risk with the landlords of the properties directly and that London Nest’s sole responsibilities are set out in the scope of the services. London Nest cannot be responsible for day to day maintenance of the property and the Client and the Client’s customers need to ensure that they have adequate contractual protection in this regard with the landlord directly.
|Charges:||rates as further detailed in below including the applicable cancellation payments and any best rates prices that cannot be cancelled.|
- This Contract between us is made up of the following:
- This Order.
- The Conditions attached.
- The Schedules specified in the Contract Details.
- If there is any conflict or ambiguity between the terms of the documents listed in paragraph 1, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.
This Contract has been entered into on the date stated at the beginning of it.
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your reservation to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are London Nest Limited a company registered in England and Wales. Our company registration number is 07422337 and our registered office is at Aruna House, 2 Kings Road, Haslemere, GU27 2QA. Our registered VAT number is 155859272.
2.2 How to contact us. You can contact us by telephoning our customer service team at 020 7697 0009 or by writing to us at firstname.lastname@example.org or London Nest, Office 401, United House, North Road, London N7 9DP.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your reservation.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
2.5 “Order” means the order to these terms and conditions which is attached.
3. Our contract with you
3.1 How we will accept your reservation. Our acceptance of your reservation will take place when we email you to accept it and confirm the Order, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your reservation. If we are unable to accept your reservation, we will inform you of this in writing and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the services or because we are unable to meet a deadline you have specified.
3.3 Your reference number. We will assign a reference number to your reservation and tell you what it is when we accept your reservation. It will help us if you can tell us the reference number whenever you contact us about the services.
3.4 We only provide services within the UK. Our website is solely for the promotion of our services.
4. Our services
4.1 We will provide the services to you as set out in the Order.
4.2 We will provide the services with all reasonable care however, you agree that all responsibilities in respect of the properties lie with the landlord unless we have otherwise agreed with you in the Order. We can only pass onto you any benefits that we may have from the landlord directly in respect of the property.
4.3 The images of the services on our website are for illustrative purposes only.
4.4 Making sure your requests are accurate. You are responsible for ensuring any information that you have given us are correct.
5. Your rights to make changes
If you wish to make a change to the services you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8- Your rights to end the contract).
6. Our rights to make changes
6.1 Minor changes to the services. We may change the services:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor adjustments and improvements, for example to address a security threat.
6.2 More significant changes to the services and these terms. In addition, as we informed you in the description of the services on our reservation confirmation, we may make the following changes to the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
6.3 If we are unable to provide you with a particular accommodation or the accommodation has changed we will notify you and we may offer you similar accommodation if it is available, If you do not wish to accept this accommodation you may cancel the contract immediately by contacting us in writing.
6.4 You understand that there may be a time delay with images on our website and it may be that you would like to make a particular booking in respect of a property but it is no longer available because of a time lag on our site. If such property is no longer available then we will use all reasonable endeavours to try offer you an alternative property. If it is not possible or you are not happy with this option for any reason then we will offer you a full refund and you may cancel the contract.
7. Providing the services
7.1 Service costs. The costs of the services will be set out in the Order.
7.2 When we will provide the services. During the reservation process we will let you know when we will provide the services to you.
7.3 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
7.4 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you, for example, name, surname, place of study / work in London, date of birth, nationality, student contact details, home address, next of kin, next of kin contact details. If so, this will have been stated in the description of the services on your reservation. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.5 Reasons we may suspend the supply of services to you. We may have to suspend the supply of a services to:
7.5.1 deal with problems with the landlord or make minor changes;
7.5.2 update the services to reflect changes in relevant laws and regulatory requirements;
7.5.3 make changes to the scope of the services as requested by you or notified by us to you (see clause 6).
7.6 Your rights if we suspend the supply of services. We will contact you in advance to tell you we will be suspending supply of the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 7 days in any 30 day period we will adjust the price so that you do not pay for services while they are suspended. You may contact us to end the contract for a services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the services in respect of the period after you end the contract.
7.7 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 12.4) and you still do not make payment within 2 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 12.5).
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on, how we are performing and when you decide to end the contract:
8.1.1 If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
8.1.2 If you have just changed your mind about the services, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
8.1.3 In all other cases (if we are not at fault and there is no right to change your mind).
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:
8.2.1 we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 6.2);
8.2.2 we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the services may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
8.2.5 you have a legal right to end the contract because of something we have done wrong
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.4 Our goodwill guarantee. Please note, these terms reflect the goodwill guarantee offered by London Nest Limited of Aruna House, 2 Kings Road, Haslemere, GU27 2QA to its UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed services (see clause 11.2):
|Right under the Consumer Contracts Regulations 2013||How our goodwill guarantee is more generous|
|14 day period to change your mind from the date of your booking.||30 day period to change your mind from the date of your booking.|
8.5 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
8.5.1 services that have already been used by you;
8.5.2 services, once these have been completed, even if the cancellation period is still running.
8.6 How long do I have to change my mind? How long you have depends on what you have ordered. Have you bought services? If so, you have 14 days after the day we email you to confirm we accept your reservation. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
9. How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
9.1.1 Phone or email. Call customer services on 020 7697 0009 or email us at email@example.com. Please provide your name, home address, details of the reservation and, where available, your phone number and email address.
9.1.2 By post. post confirmation to us at the address noted in the Order including details of what you bought, when you ordered the services and your name and address.
9.2 How we will refund you. We will refund you the price you paid for the services, by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
9.3.1 We may deduct from any refund an amount for the supply of the services for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.4 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for a services at any time by writing to you if:
10.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.1.2 you do not, within a reasonable time of us asking for it, provide us with information (as set out in clause 7.4) that is necessary for us to provide the services;
10.1.3 you do not, within a reasonable time, allow us to provide the services to you;
10.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you as follows:
10.2.1 if less than two weeks notice is given two weeks accommodation will be charged, plus the standard agency fee charge;
10.2.2 if accommodation is cancelled after arrival, four weeks’ payment will be taken, plus the accommodation finding fee; and
10.2.3 any refund agreed will be made after the departure date as originally booked.
11. If there is a problem with the services
11.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 020 7697 0009 or write to us at firstname.lastname@example.org or London Nest, Office 401, United House, North Road, London N79DP.
11.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
12. Price and payment
12.1 Where to find the price for the services. The price of the services (which includes VAT where VAT is payable and applicable) will be the price indicated on the reservation pages when you placed your reservation. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the reservation.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your reservation date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced . We will normally check prices before accepting your reservation so that, where the services correct price at your reservation date is less than our stated price at your reservation date, we will charge the lower amount. If the services correct price at your reservation date is higher than the price stated to you, we will contact you for your instructions before we accept your reservation. If we accept and process your reservation where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid.
12.4 When you must pay and how you must pay. We accept payment with Mastercard and Visa (both Debit and Credit):
12.4.1 You must make an advance payment of £250.00 to make a booking and the full balance of the payment is due and payable two weeks prior to arrival. However if we offer a best rate advanced purchased rate to you and this is set out in the Order, you will be required to pay all the sums in advance and are not able to cancel in these circumstances or obtain a refund or move dates for these services.
12.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
12.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are: as described and match information we provided to you and any sample or model seen or examined by you or supplied with reasonable skill and care.
13.3 We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
14.1 How we will use your personal information. We will use the personal information you provide to us:
14.1.1 to supply the services to you;
14.1.2 to process your payment for the services; and
14.1.3 if you agreed to this during the reservation process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.
14.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
14.3 We will only give your personal information to third parties where the law either requires or allows us to do so.
15. Other important terms
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if for example, there is a change of sex of the guest or age restrictions to the particular property apply.
15.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 15.2 in respect of our guarantee. Neither of us will need to get the agreement of any other person in reservation to end the contract or make any changes to these terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
15.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the property ombudsman via their website at https://www.tpos.co.uk/. will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
15.8 Energy Performance Certificates (EPCs) are a legal requirement in the UK when renting or buying a property. Rooms for residential purposes such as a room in a hostel, an hotel, a boarding house, a hall of residence etc are not classified as a dwelling and so are excluded from the requirement to provide an EPC on sale or rental. Were London Nest to market a property that requires an EPC we will make available the energy performance indicator to you.