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 Ground Floor, 2 Woodberry Grove, London, England, N12 0DR.
About these terms of service
These are the terms of service (“Terms”) which apply to all use of our property marketing (“Service”) through our platform and website at www.travelnest.com (“Site”).
Please read these Terms carefully before you start to use the Site or register for our Service. By registering to use our Service, or by using the Site, you are entering into a legal binding agreement with us based on these Terms (referred to as the “Agreement”). A copy of these Terms can be found on our Site but if you are reading this Agreement for the first time we suggest you print or save a copy.
If you do not agree to these Terms, please refrain from using our Site and Service.
We reserve the right to amend these Terms from time to time. If the changes are deemed material, we will e-mail you to alert you to our new Terms along with a link to the new version of the Terms. Your continued use of the Site or the Service will be deemed to be acceptance of any new Terms.
About the Service
We are providing an online property marketing service. This means that we will facilitate the online logistics associated with marketing a holiday home, including:
- marketing your properties on your selected property listing websites (“channels”);
- building, integrating and optimising your listings on your selected channels;
- dealing with guest enquiries and pre-arrival questions; and
- processing payments from your channels and guests.
Please note that we are not responsible for any onsite services (e.g. such as cleaning, maintenance or repairs).
Scope of our Services
When you use our Service, we can market and deal with bookings for you. However, please note that when we do so we act as your agent and not on our own behalf or on behalf of any third party.
This means that when we market your properties on your selected channels, you are entering into a direct (legally binding) contractual relationship with the relevant channel. Likewise, when we take a booking on your behalf, you are entering into a direct (legally binding) contract with your guest to provide your accommodation services (your “Owner Services”) in accordance with your own terms and conditions. We act solely as an intermediary between (i) you and your channels; and (ii) you and your guests.
It also means that when you use our Service, you appoint us as a payment collection agent solely for the limited purpose of accepting payment from your channels or guests in connection with the provision of your Owner Services. You agree that payment made by a channel and/or guest through TravelNest shall be considered the same as a payment made directly to you, and you will provide your Owner Services in the agreed-upon manner as if you received the payment directly from the channel or guest (as applicable). You also agree that we may refund a channel and/or guest in accordance with the TravelNest cancellation policy you select. Our obligation to pay you is subject to and conditional upon successful receipt of the associated payments from the channel and guest. In accepting appointment as a limited payment collection agent we assume no liability for any of your, or your channel or guests, acts or omissions.
About our bookings
When we take a booking on your behalf, we will check your calendar to ensure that you have availability on the requested dates. When we confirm the booking we will update your calendar accordingly.
Please note that it is your responsibility to keep your calendar up-to-date at all times with, and to check availability before making, any external booking. If we confirm a booking in your calendar, this will take precedence over any conflicting booking that was not in your calendar at the time of the booking.
Cancellations of guest bookings
You will be asked to select one of our guest cancellation policies when you agree to these Terms. These are also available on our Site. You should be aware that the TravelNest policy you select will always apply, except where a channel offers a ‘grace period’ for cancellations. A grace period for cancellation is a very short window (e.g. 48 hours after booking) where the guest can cancel the booking even if it is within the restricted cancellation period. If a channel allows a grace period, then the cancellation and any associated refund will proceed regardless of the TravelNest cancellation policy chosen. In all other cases, channels will never have a more lenient cancellation policy than what you have chosen. The channel may have a stricter cancellation policy than TravelNest but in such circumstances, your chosen TravelNest policy will always apply. This means that, with the exception of cancellations during a grace period, a guest will never be given a refund out-with the policy that you have selected.
About your selected channels
Please note that when you select a channel through our Service, you are also accepting and agreeing to the relevant terms and conditions of that channel. Links to each channels’ terms and conditions are available on our Site and we advise you to read these carefully. We will notify you by e-mail when a channel changes their terms and conditions and update the links on our Site.
You will be responsible for compliance with each of your selected channels’ terms and conditions.
If we are obliged to pay a fee to a channel as a result of your breach of such terms and conditions, then we shall be entitled to a refund of such costs from you. This includes any cancellation costs which we incur as a result of your breach, and any travel costs we may be required to reimburse your guests on your behalf due to such cancellation. We may offset any such costs against any moneys we may owe to you or request that you refund these costs to us.
You must comply with the terms of the Agreement as set out in these Terms.
- To qualify to use the Service you must meet the following criteria, and accordingly you warrant that you: are over 18; have full authority to enter into this Agreement; are not currently restricted from using the Service; will only use the Service for your legitimate interests; shall not infringe our rights, including intellectual property rights we may have in our Site and Service; and shall only submit information that you are entitled to submit, which is accurate and not confidential.
- You shall keep your password secure for use of the Service and not permit others to use the account which is created to access the Service (“Account”), except where you are a business client and you are permitting other members of your business to use the Service. You are responsible for anything that happens through your Account until it is closed down unless the account security has been compromised through no fault of your own. If you discover any un-authorised use of your Account you must promptly let us know. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
- You must comply with our Acceptable Use policy as set out below.
- You agree to indemnify us against all damages, losses and costs which we incur due to your failure to comply with this Agreement.
- You must not store or transmit any material during your use of the Site or 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 should not create a false identity or submit inaccurate, false or misleading information.
- You should not transmit any unsolicited advertising such as spam or junk mail.
- You should not knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
- You must not attempt to gain un-authorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
On condition that you comply with your obligations under the Agreement, we grant you a limited, non-exclusive, non-transferable licence to access and use the Site and Service in accordance with this Agreement.
Prices, fees, important terms and Payments
You are responsible for setting the minimum price for each of your properties (which we refer to as the “base price”). We will never list your properties on any channel for less than the base price you have set.
We reserve the right to add a booking fee inclusive of VAT to your base price which will be detailed in your welcome letter. This will only be changed by prior approval with you.
Use of the Service is free, however we will charge our commission payment plus VAT based on the base value from each booking made using our Service. Your commission rate will be detailed in your welcome letter. Commissions will not be charged if a guest cancels a booking and receives a full refund. If a guest receives a partial refund we will still charge the full rate of our commission on the base price.
In addition to commissions, we will retain any booking fee added to your base price.
We reserve the right to vary your commission rate during the term of this Agreement. However, we shall give you at least 90 days’ notice in writing of any proposed changes to the commission rate.
If you request a booking to be changed or cancelled, we will pass on the cost of any fees charged to us by a channel or any other reasonable costs incurred as a result of this request. These will be recovered by offsetting them against any moneys we may owe to you or request that you refund these costs to us.
If we are responsible for changes or cancellations to a booking and fees are charged by a channel or other reasonable costs are incurred, we will not seek to recover these from you.
Where a channel or guest makes payment to us at the time of booking, we will retain these funds until the cancellation period has fully expired. Once the cancellation period has fully expired, we will release payment to you in the following week.
Where a channel or guest makes payment to us at another time, ie on arrival or departure, we will release payment to you in the following week.
Please refer to the channels terms and conditions for more information on when channels release payments.
The amount that we will deduct from each booking is detailed in the Fees section above and may include VAT. If you are VAT registered, you can claim back this VAT. Your will receive a VAT invoice whenever a payment is being sent to you detailing what we are paying you and the commission or other deduction charge by booking.
Cancellation of this contract
You may cancel your Account at any time by giving us 30 days’ notice (“cancellation period”). We require this 30-day cancellation period to off-board your properties from your selected channels.
To cancel your Account, please contact us at email@example.com.
Cancellation shall not affect any existing bookings, nor any bookings that may have been made during the 30-day cancellation period, 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 will not be entitled to make further bookings on your behalf.
Our rights in the Site and Service
We own or validly license all intellectual property rights in our Site 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 Site
We shall use commercially reasonable endeavours to make the Site available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out during office hours and to give you as much advance notice of any maintenance as we can.
We will endeavour to respond to all support queries within two working days (based on UK time).
You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
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 a guest or in connection with the Service, and you understand that each such transaction is entered into at your own risk.
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 to consumer clients
If you are a consumer and we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our failure 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 they were an obvious consequence of our breach or if they were contemplated by both you and us at the time we entered into this Agreement (for example, because you discussed it with us during the sale process).
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.
Our liability to business clients
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 sum of the Commission received by us during the 12-month period preceding the date on which the claim arose.
This section shall survive termination of the Agreement.
You agree to indemnify us against all claims, loss or damage which we sustain or are likely to sustain as a consequence of your breach of the Agreement, including your breach of any of the terms and conditions of your selected channels.
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 Site 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.