This Agreement and Contract (the “Agreement”) is a legally binding agreement made and entered into as of the Reservation Date written below by and between the undersigned person(s) or Company (the “You”) and the undersigned owner, manager or agent on behalf of Niksa Properties Limited (“Rental Agent”), pursuant to which the You(you) has agreed to rent the residence described below (the “Property”), for the duration of the Rental Term for the Total Rental Fee and other good and valuable consideration as described herein.
These are the terms and conditions that apply when you reserve a property at a Niksa Serviced Accommodation (trading under Niksa Properties Limited) located in UK or Ireland using one of our booking channels (such as our website, mobile site, phone or through any other Online Travel Agencies).
You will be asked to confirm your acceptance of these terms and conditions when you make a reservation. We reserve the right to amend these terms and conditions at any time and you should therefore check them each time of making a reservation. The terms and conditions applying to your reservation will be those in place on the date that you make your reservation. Additional terms may apply to our digital channels/ Online Travel Agency (OTA) partners whether or not you make a reservation through them. These are published on the relevant digital channel/ OTAs.
RESERVATIONS
When you make a reservation at any of our accommodation/property, you are confirming that you are adhering to and will adhere to any Government restrictions applicable at the time of your stay. Niksa Properties Limited may ask for additional proof of evidence before or after reservation and during stay to confirm that you are adhering to the local and/or national rules of any restrictions imposed. If you deny co-operating or cannot provide required documental evidence(s) – both digital or original copies, Niksa Properties Limited may decline any reservation requests or may cancel any confirmed reservation.
You will need to make full payment to secure your reservation at the time of booking. This is applicable when you are booking through any of our channels of booking including direct or through any of our partners or online travel agency partners. For avoidance of doubt, please be aware that if full payment is not made for booking when requested for, booking is not confirmed and can be cancelled by Niksa Properties Limited. Niksa Properties Limited accepts Visa, MasterCard, American Express and all other major debit and credit cards along with direct bank transfer to make a reservation with us. Please check that the details of the reservation are complete and accurate before your reservation is confirmed. We will not be liable for any delay or non-performance if you provide us with incorrect information.
We will confirm our acceptance of your reservation by sending an email to the email address that you provide during the reservation process. The contract between us for the booking and any additional services added to your reservation will be informed when you receive this email confirmation from us. For any amendments or correction to reservations please contact us immediately. For more information on cancellation, please see read other sections of this agreement.
OCCUPANCY
You agree that no more than the agreed persons shall be permitted on the Property at any time during the Rental Term, all of whom shall comply with the conditions and restrictions imposed upon you under this Agreement.
PRICES
Niksa Properties Limited adopts dynamic pricing and the price of our properties fluctuates based on demand. When you make a reservation request, we'll give you a total price for the number of guests and number of nights you have requested. The price you pay is the price quoted to you at the time of making the reservation. Our prices are per property, per night and are inclusive of VAT.
Cleaning and other extras may or may not be included in the prices we quote to you at the time of booking requests. Where it is not included in the price per night, this will be shown separately under the breakdown for the total costs. Some other extras can be added and charged separately if these are requested after making the payment up until anytime until check out. For example, if you requested for a late check out before the day of checking out and Niksa Properties Limited can accommodate such requests at an additional cost, Niksa Properties will request for this additional payment at that time.
CONDITION AND USE OF PROPERTY
The Property is provided in “as is” condition. Rental Agent shall use its best efforts to ensure the operation of all amenities in the Property, such as internet access, satellite or cable TV access, as applicable. Rental Agent shall not be held responsible for such items failure to work, but will make every effort to correct any issues as reported as quickly as possible.
You shall use the Property for residential purposes only and in a careful manner to prevent any damage or loss to the Property and keep the Property in clean and sanitary condition at all times. You and any additional permitted guest(s) shall refrain from loud noise and shall not disturb, annoy, endanger, or inconvenience neighbours, nor shall you use the Property for any immoral, offensive or unlawful purposes, nor violate any law, association rules or ordinance, nor commit waste or nuisance on or about the Property.
DEFAULT
If you should fail to comply with the conditions and obligations of this Agreement, you shall surrender the Property, remove all your property and belongings and leave the Property in good order and free of damage. No refund of any portion of the Rental Fee shall be made and if any legal action is necessary, the prevailing party shall be entitled to reimbursement from the other party for all costs incurred.
ASSIGNMENT OR SUBLEASE
You shall not assign or sublease the Property or permit the use of any portion of the Property by other persons who are not included in the original booking/reservation.
RISK OF LOSS AND INDEMNIFICATION
You agree that all personal property, furnishings, personal affects and other items brought into the Property by you, or your permitted guests and visitors shall be at the sole risk of you with regard to any theft, damage, destruction or other loss and Rental Agent shall not be responsible or liable for any reason whatsoever. You hereby covenant and agree to indemnify and hold harmless Rental Agent and your agents, owners, successors, employees and contractors from and against any costs, damages, liabilities, claims, legal fees and other actions for any damages, costs, attorneys fees incurred by you, permitted guest(s), visitors or agents, representatives or successors of Guest due to any claims relating to destruction of property or injury to persons or loss of life sustained by Guest or family and visitors of Guest in or about the Property and Guest expressly agrees to save and hold Rental Agent harmless in all such cases.
RELEASE
You hereby waive and releases any claims against Rental Agent, the Property owner and your successors, assigns, employees or representatives, officially or otherwise, for any injuries or death that may be sustained by Guest(s) on or near or adjacent to the Property, including any common facilities, activities or amenities. You agree to use any such facilities or amenities entirely at your own initiative, risk and responsibility.
ENTRY AND INSPECTION
Rental Agent reserves the right to enter the Property at reasonable times and with reasonable advance notice for the purposes of inspecting the Property or showing the Property to prospective purchasers, renters or other authorised persons. If Rental Agent has a reasonable belief that there is imminent danger to any person or property, Rental Agent may enter the Property without advance notice.
UNAVAILABILITY OF PROPERTY
In the event the Property is not available for use during the Rental Term due to reasons, events or circumstances beyond the control of Rental Agent, Rental Agent will apply due diligence and good faith efforts to locate a replacement property that equals or exceeds the Property with respect to occupancy capacity, location and value that meets the reasonable satisfaction of the you. If such replacement property cannot be found and made available, Rental Agent shall immediately return all payments made by the You, whereupon this Agreement shall be terminated, and you and Rental Agent shall have no further obligations or liabilities in any manner pertaining to this Agreement.
ADDITIONAL TERMS TO THE RENTAL AGREEMENT
In addition to the standard terms included herein, you acknowledge and agree that the following additional terms and conditions apply to the rental of the Property:
1.1 You must be 18 years or over when you book your accommodation. Your booking is made as a consumer and you acknowledge that no liability can be accepted for any losses suffered or incurred by you.
1.2 We reserve the right to refuse to accept any booking for whatever reason.
1.3 You may arrive at your accommodation after 4pm (except if it is stated different) on the start day of your booking and, unless otherwise agreed, you must leave by 10am on the last day. If you fail to arrive by midnight on the day of the start date and do not advise us of a late arrival, we may treat the booking as being cancelled by you.
1.4 If the number of people permitted to occupy a property is exceeded (which would be in breach of Health and Safety Regulations) we reserve the right to move excess occupants and charge for additional properties or require the excess occupants to vacate the property.
1.5 Should payment not reach us within the required time we reserve the right to cancel any bookings made and any deposit paid will be forfeit.
1.6 Card details to cover breakages and damages are required. These can be charged up to five (5) working days after your stay in the property. Charges are only applied provided the following provisions are not met:
• No damage is done to property or its contents.
• No charges are incurred due to illegal activity, pets or additional services rendered during the stay.
• All debris, rubbish and discards are placed in rubbish bin, and soiled dishes are cleaned.
• All keys are left exactly as per the check-out instructions provided by Niksa Properties and the accommodation is left locked.
• All charges accrued during the stay are paid prior to departure.
• No linens are lost or damaged.
• NO early arrival or late departure, until or unless agreed with in lieu of additional fees.
• NO smoking within the property.
• The renter is not evicted by the owner (or representative of the owner) or the local law enforcement.
1.7 We expect the property to be left in a reasonable state on departure. If, at our discretion, additional cleaning is required on departure, the cost of this cleaning will be charged as an additional charge.
1.8 Where there is evidence of Guest(s) smoking within the property, we reserve the right to charge £100 for specialist cleaning.
1.9 Pets are not permitted in our properties.
1.10 If cancelled or modified up to 48 hours after reservation, no fee will be charged except if it is stated any different at the time of booking. If cancelled or modified later or in case of no-show, the total price of the reservation will be charged.
1.11 Unless otherwise agreed, the owners will issue one set of keys and one parking permit (if applicable) for the property. In an incident of keys being lost, you must notify us as soon as possible and we will instruct a locksmith to change the lock/key(s) and charge you.
1.12 Cancellation due to Covid-19 or any other pandemic restrictions will not fall under any special circumstances. If you are unable to travel or stay due to change in Covid restrictions the cancellation rules will still apply as per Clause 1.10 of this document or as per the Digital platform/Online Travel Agency you have booked through. Please check before reservation/booking for avoidance of doubt.
1.13 In case you are booking with us with the purpose of using our accommodation/properties for self-isolation/quarantine, you will require to inform us of this purpose before booking. Failure to inform of this particular purpose may result in cancellation of your booking at any time including during your stay.
1.14 In you or other permitted guests are tested positive for Covid-19 during your stay with us and you need to extend your stay, you will have to pay for your extended stay before your current stay/booking ends. The price for this extension may not be at the exact same rate as the original/previous reservation.
GENERAL PROVISIONS
This Agreement contains the entire agreement between the parties with regard to the rental of the Property, and any changes, amendments or modifications here of shall be void unless the same are in writing and signed by both the You and the Rental Agent. This Agreement shall be governed by the laws of the United Kingdom. The words “Rental Agent” and “you” shall include your respective heirs, successors, representatives. The waiver or failure to enforce any breach or provision of this Agreement shall not be considered a waiver of that or any other provision in any subsequent breach thereof. If any provision herein is held invalid, the remainder of the Agreement shall not be affected. Any notice required to be given under this Agreement shall be in writing and sent to the contact information included herein. This Agreement may be signed in one or more counterparts, each of which is an original, but taken together constitute one in the same instrument. Execution of a digital signature shall be deemed a valid signature.
