1.1. About these Terms and Conditions
1.1.1. We want your stay with us to be enjoyable and hassle-free; after all this is your home away from home, pretend we’re not even here. We’re not a big fan of rules here at Native but in order to make sure everyone gets the same great experience, gets along well with their neighbours and looks after our property, we needed to put a few in place. We think we’re pretty fair and we trust our Occupants to work with the Terms and Conditions throughout their stay.
1.1.2. Just to let you know, the company’s formal name is “Native Holdings Limited” with company number 03479011 (registered in England & Wales), but we trade under the name “Native”.
1.1.3. The Terms and Conditions can be updated by Native at any time without prior notice, although such changes will not apply to bookings that have already been accepted by Native on behalf of the Occupant.
1.2. Using your information
1.2.1. The personal details that you provide to Native are for the purpose of processing your booking for accommodation. From time to time, we may share your details with third parties; if you would prefer we didn’t do this, please let us know.
1.2.2. We work within the guidelines and requirements of the Data Protection Act 1998 (DPA) and the General Data Protection Regulation (GDPR).
For more details, you can send an email to firstname.lastname@example.org and we will be able to assist you with your enquiry.
1.2.4. We take care to ensure that we keep accurate records of our Occupants. In the unlikely event that you find any incorrect information about you on any of the documentation we send, please contact a member of the Native team on email@example.com as soon as possible, so that we can correct our records. If we don’t hear from you within 48 hours of any document being sent to you, we’ll assume that we got it right.
2. Booking your Accommodation
2.1. You’ve booked an apartment through Native, which may mean an apartment that we own, an apartment that is managed by us on behalf of someone else, or a third-party apartment provider. The placing of a booking with Native will constitute an agreement to these Terms and Conditions.
2.2. We’ll do our best to match you with the style and size of apartment that you requested, and we’ll confirm the exact apartment number to you upon your arrival. In some cases, you may have viewed and requested a specific apartment and whilst we will do our best to meet your requirements, we reserve the right to reallocate you. Please refer to clause 31.1 below.
2.3. When you make a booking with us, it’s your responsibility to inform us of the names of the relevant Occupants and whether they are adults or children. It’s important that we know who’s living with us at all times. Occupants who have not been notified as staying with us at the time of booking, will not be able to stay at our properties. This is a requirement for health and safety reasons.
2.4. If you or any other Occupant of the Apartment wish to bring any animals or pets into the property or Apartment, then you must first apply for permission and obtain prior written approval from us, and this will be in accordance with our Pet Policy Terms & Conditions. To obtain a copy (in advance) of the Pet Policy Terms & Conditions, please contact a member of the Native team on firstname.lastname@example.org. A copy will also be made available to you at the time of booking.
2.5. If you or any other Occupant of the apartment has special needs or a disability assistance dog, please let us know at the time of booking. You are also required to confirm to us no later than 24 hours before arrival that you still require a room with adjustments or that is suitable for an assistance dog.
2.6. Occupants shall be required to complete an online registration card prior to arrival. We shall request a copy of valid photographic identification upon arrival. The ID must belong to the named person on the booking and be a match to the name of the cardholder who paid for the booking. Some of our properties do not have staff members present on arrival and for these properties, Occupants shall be required to email a scanned copy of the required ID to email@example.com, no later than 48 hours prior to arrival. In the event ID is not provided or there is not a match to the name on the booking and the name of the cardholder, we reserve the right to refuse the booking. The forms of ID that shall be accepted are
a passport, photographic card driver’s licence or EU national ID card.
2.7. Please note that the property images displayed on the website are provided as a guide. Although photographs are a reasonable representation of the apartments, in some cases, furniture design, colour and type may vary. Apartment layouts may also vary slightly depending on the apartment position within a particular building. Any specific requirements, or specific questions about provisions in a specific apartment should be made prior to making a booking.
3. Paying for your Accommodation
3.1. The payment terms relating to your specific booking will be advised at the point that the booking is made, and will be dependent upon the terms set out on the channel you choose to book. This may mean payment is due at the time of placing the booking, or when you arrive to check-in to your apartment.
3.2. Please note that we do not accept cash or cheque payments for any of our Apartments. Payment can be made by Credit or Debit card, bank transfer, or using our secure payment link (which is sent by email). Please contact a member of the Native team on firstname.lastname@example.org if you need more information about payment methods.
3.3. Unless a separate Credit Facility Agreement between you and us has been signed, specifying payment arrangements and credit terms, then the following will apply: Your booking shall not be secured until payment is received, and a booking confirmation is issued by us. Unless otherwise agreed, payment in full is required at the time of booking or prior to the Occupation Period. If payment does not reach us at least 72 HOURS before the scheduled arrival time, we reserve the right to suspend or cancel any booking made. If you have a Separate Credit Facility Agreement with us, then bookings and payment shall be dealt with under the terms of that agreement in addition to this agreement.
3.4. All payments will be quoted and processed in Great British Pounds Sterling (GBP). Any price quoted by us in a currency other than GBP is an estimate based on a conversion of the price in GBP to the other currency. The exact price that you pay will then depend on the exchange rate applied by your bank or card issuer and is not the responsibility of Native.
3.5. In the event that you are entitled to a refund, it will be applied in GBP. Native accepts no liability for any fluctuations in exchange rates that may occur between the original payment date and the refund date. For cancellations, please refer to the Cancellation and Amendment Policy section included as part of this Agreement.
3.6. These terms and conditions will apply regardless of which payment method and payment terms are used.
3.7. In the event that an account becomes overdue, we reserve the right to charge interest at 5% APR above the Bank of England base rate, plus a further admin fee of £100 plus VAT. Interest is charged on the overdue amount including VAT and will accrue on a daily basis; this is in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. In addition, we reserve the right to place your account on hold as of the first day after the due date of invoices if the amounts remain outstanding.
3.8. For guests that don’t qualify for credit terms (or don’t have a Credit Facility Agreement in place with us), payment in full is required at the time of booking. Failure to settle any outstanding amount prior to checking-in may result in us suspending or cancelling any booking made. For guests that have already checked-in (and don’t qualify for a separate credit agreement), failure to settle any outstanding debt for additional items requested and not paid for, will result in us commencing full legal recovery of the balance outstanding, as well as legal costs and any other interest charges.
3.9. We reserve the right to cancel a booking if full payment for the booking, or any applicable cancellation and/or amendment fee relating to a booking, is not received at least 72 HOURS before the scheduled arrival time.
4. Card Handling
4.1. We reserve the right to ask you to provide proof of ownership of any Valid Payment Card that you use to make payment to us. If you’re not able to provide proof of ownership to us, we reserve the right to refuse the booking.
4.2. Credit/Debit card details must pass our security checks. Failure to do so may result in us refusing to accept the booking.
5. Third Party Apartments
5.1. Your apartment is either owned, operated or managed by Native, or belongs to a third party apartment provider, with us acting as an agent. The status of each apartment will be made clear on your Booking Confirmation.
5.2. The apartment that has been allocated to you may be operated by a trusted third party supplier to Native.
5.3. Native acts as an agent on behalf of its third party apartment providers in relation to the accommodation owned or controlled by those third party apartment providers. Reasonable care has been taken to ensure that the content of the Native Website (and/or other means of promotion or advertising) is correct, but it is subject to amendment at any time without notice. All content on the Native Website (and/or other means of promotion or advertising) is published in good faith but you acknowledge that we cannot check the accuracy of all information provided by its third party apartment providers. If any specific item advertised in relation to an apartment or building is important to you, you should contact a member of our Guest Services team who will enquire with the provider on your behalf.
5.4. You and any guests or visitors that you permit to enter the apartment or building must comply with any rules and regulations set by the third party apartment provider in relation to their apartments. Full details of third party apartment provider restrictions shall be provided when you receive your booking cancellation.
5.5. These terms and conditions apply to all apartments that we market. Some apartments (owned or operated by third party providers) may have additional terms and conditions which will apply in addition to these terms and conditions. These shall be provided to you when you receive your Booking Confirmation.
5.6. In the case of a conflict between these terms and conditions and any additional terms and conditions, then these terms and conditions set out herein will override).
5.7. In the case of cancellation or amendment of your booking, the specific policy that applies to your booking will be advised to you during the booking process. In the absence of any specific statement, the applicable policy is documented in the Cancellation and Amendment Policy below.
6.1. Your booking constitutes an offer to us to enter into a contract to hold space for your use within a building that we operate, or a building that we manage on behalf of someone else, or a building that belongs to a third-party apartment provider. The contract is formed on the terms and conditions set out in this document when your booking has been confirmed in accordance with clause 3.3 above.
6.2. If any provision of these Terms and Conditions is found to be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
6.3. Except where otherwise expressly stated in these Terms & Conditions, we regret that we cannot accept liability or pay any compensation where the performance (or prompt performance of our contractual obligations) is prevented by events beyond our control as a result of Force Majeure. For the purposes of these Terms & Conditions, Force Majeure means any event which we (or the supplier of services in question) could not, even with due care, foresee or avoid. These events may include (but are not limited to) the following: act of God, outbreak of hostilities, civil commotion or disturbance, acts of terrorism, rioting, revolution, the act of any government or authority (including but not limited to refusal or revocation
of any licence or consent), fire, flood, lightning, explosion, fog or bad weather, epidemic, interruption or failure of a utility service (including but not limited to electricity, gas, water or telecommunications), renovations and building work undertaken at the property or in the local area, strikes, lockouts or boycotts, embargo, blockade.
6.4. Nothing in these terms and conditions limits or excludes our liability for death or personal injury resulting from negligence; or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us, or any liability that cannot by law be excluded.
6.5. Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
6.6. For all bookings, other than with regard to personal injury or death, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with incomplete or non-performance, will be limited to a maximum refund of the total price paid for the particular booking concerned.
6.7. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. The parties agree that the English courts shall have exclusive jurisdiction to settle any dispute which may arise out of these Terms and Conditions and submit all disputes to the jurisdiction of those courts.
7. Security Deposit
7.1. We reserve the right to request a Security Deposit without prior warning, upon point of check-in. Failure to pay the requested Security Deposit may result in your booking being cancelled.
7.2. This Agreement does not create a tenancy and therefore Native will not register your Security Deposit in an approved Tenancy Deposit Protection Scheme.
8.1. VAT may be applied to the cost of your booking or it may be included in the rate. This will be made clear to you at the point of booking. VAT will be applied at the prevailing rate in force at the time of invoicing, in accordance with HMRC guidelines.
9. Cancellation & Amendment Policy
9.1. Cancellation and amendment terms vary depending upon whether you have booked an apartment in a property owned by Native, an apartment managed by Native on behalf of someone else, or an apartment from a third-party apartment provider.
9.2. Cancellation and amendment terms apply independently to any booking made with us via our own Website, reservations centre or any partner sales channel. The specific cancellation and amendment terms are advised to you during the booking process and confirmed to you in the Booking Confirmation. These terms may, for specific types of booking, prohibit cancellation and/or amendment altogether. Where no specific cancellation or amendment policy is advised to you during the booking process the Standard Cancellation and Amendment Policy stated below shall apply.
9.3. Once a booking has been confirmed by us, it may only be cancelled or amended in line with the cancellation and amendment terms applicable at the time of booking. Where no cancellation and amendment terms were offered the terms below become binding. Any request to cancel or amend your booking should be made to email@example.com stating your booking reference.
9.4. Native’s website, marketing and sales materials and those of third parties selling accommodation in our apartments may contain technical inaccuracies and typographical or other errors in connection with information displayed, including without limitation rates, fees, or availability applicable to your booking. Native assumes no responsibility or liability for such errors, inaccuracies, or omissions. Native shall have the right not to honour reservations or information affected by such errors, inaccuracies, or omissions. Native shall have the right to make changes, corrections, cancellations, amendments and/or improvements to such information or bookings based on such information, at any time, including after confirmation of a booking.
9.5. Terms vary depending on whether you request to cancel or amend your booking, as outlined below.
9.6. Where your booking has been made with our Standard Cancellation and Amendment Policy, the Cancellation Terms below apply. Your opportunity to cancel your booking without penalty is determined by the length of your stay and the amount of notice you provide to us prior to the commencement date of your booking. In order to cancel a booking without penalty you must e-mail us at firstname.lastname@example.org, stating your booking reference number, within the timeframes listed below (all timeframes are inclusive):
You must write to us and provide notice of your cancellation
1 – 3 night booking – No less than 4 days prior to midday on the day your booking commences.
4 – 27 night booking – No less than 7 days prior to midday on the day your booking commences.
28 – 59 night booking – No less than 14 days prior to midday on the day your booking commences.
60 + night booking – No less than 28 days prior to midday on the day your booking commences.
9.7. If you fail to provide us with adequate notice, the charges levied are based upon the length of your original booking as per the table below
Penalty if inadequate notice is provided
1 – 7 night booking – A fee equivalent to the full Accommodation Fee for your Occupancy Period
8 – 27 night booking – A fee equivalent to the Accommodation Fee for an occupation period of 7 nights at the Occupation Rate you have been charged
28 – 59 night booking – A fee equivalent to the Accommodation Fee for an occupation period of 14 nights at the Occupation Rate you have been charged.
60 + night booking -A fee equivalent to the Accommodation Fee for an occupation period of 28 nights at the Occupation Rate you have been charged.
9.8. If you haven’t checked-in by midnight on the Commencement Date and you’ve not informed us that you intend to arrive at a later date, we will assume you have cancelled the booking and will apply our Standard Cancellation Policy as outlined above. You will not have the opportunity to amend your booking.
9.9. We fully reserve the right to cancel, at our sole discretion, any booking agreement made with us at any time up to the point of Check-In. If we cancel your booking any time after 24 hours prior to the scheduled time of your arrival, we shall refund the cost of the booking to you within 7 days of the scheduled arrival time. Once you have moved in to the property, if you breach any part of this Agreement we will terminate your booking with immediate effect and no refund shall be provided.
10. Amendments to your booking
10.1. Our amendment policy is set out below; however, where we act as an agent to a third party supplier the amendment policy of that supplier may differ from our own policy and shall apply to the booking. The amendment policy of any third party will be confirmed to you in writing at the time we confirm a booking.
10.2. Where your booking has been made with our Standard Cancellation and Amendment Policy, please review the Amendment Terms below. Your opportunity to amend your booking without penalty is determined by the length of your stay and the amount of notice you provide to us prior to the first date of your pre-amended booking that your requested amendment will mean you no longer want to be part of the occupation period post-amendment. In order to amend a booking without penalty you must e-mail us at email@example.com, stating your booking reference number, within the timeframes listed below (all timeframes are inclusive): Amendment terms vary depending on the type of the amendment requested, the length of the original booking and whether the amendment has been requested prior to or after checking in to the apartment originally booked, as outlined below.
10.3. If you wish to extend your booking, we will need some notice from you, preferably by email. We will try to extend your booking in the same apartment where possible but we cannot guarantee this. If you don’t provide us with adequate notice, this increases the likelihood of us needing to accommodate you in another apartment or building, or not being able to accommodate you at all. For the purposes of adequate notice, this is at least 24 hours’ notice on a normal working day (Monday to Friday) but 48 hours’ notice on weekends and Bank Holidays.
10.4. If we’re able to extend your booking, we will take all additional payments from the registered payment card on your account.
Amendments Requested Prior to Commencement Date of Booking that involve change of start date and/or end date
10.5. Amendments made prior to the commencement date of your original booking will need to e-mail us at firstname.lastname@example.org, stating your booking reference number, within the timeframes listed below (all timeframes are inclusive):
You must write to us and provide notice of your Amendment
1 – 3 nights – No less than 4 days prior to midday on the day your booking commences.
4 – 27 nights – No less than 7 days prior to midday on the day your booking commences.
28 – 59 nights – No less than 14 days prior to midday on the day your booking commences.
60 + nights – No less than 28 days prior to midday on the day your booking commences.
10.6. If you fail to provide us with adequate notice, the charges levied are based upon the length of your original booking as explained below.
Penalty if inadequate notice is provided
1 – 7 nights – A fee equivalent to the Accommodation Fee for your new Occupancy Period plus the Occupation Rate for any days of the original booking that are no longer being used. For avoidance of doubt, the Occupant and Guests may utilise the accommodation for the entire period being paid for.
8 – 27 nights – A fee equivalent to the Accommodation Fee for your new Occupancy Period plus the Occupation Rate for any days of the original booking that are no longer being used, to a maximum value of 7 nights at the Occupation Rate you have been charged. For avoidance of doubt, the Occupant and Guests may utilise the accommodation for the entire period being paid for.
28 – 59 nights – A fee equivalent to the Accommodation Fee for your new Occupancy Period plus the Occupation Rate for any days of the original booking that are no longer being used, to a maximum value of 14 nights at the Occupation Rate you have been charged. For avoidance of doubt, the Occupant and Guests may utilise the accommodation for the entire period being paid for.
60 + nights – A fee equivalent to the Accommodation Fee for your new Occupancy Period plus the Occupation Rate for any days of the original booking that are no longer being used, to a maximum value of 28 nights at the Occupation Rate you have been charged. For avoidance of doubt, the Occupant and Guests may utilise the accommodation for the entire period being paid for.
Amendments Requested On or After Commencement Date of Booking that involve change of start date and/or end date
10.7. If you wish to check-out prior to your booked Departure Date than you will remain liable for the full fees for the booked Occupancy Period at the Occupation Rate. In certain circumstances, we will allow a booking to be amended to an earlier Departure Date. If your amendment to an earlier Departure Date reduces the length of the Occupancy Period such that it falls within a higher Occupation Rate then no amendment to the Departure Date will be permitted unless you agree to pay for the amended Occupancy Period at the higher Occupation Rate.
10.8. If your booking is less than 8 nights in length, we will not be able to make any changes to the Departure Date or the length of the booking. If your booking is equal to or greater than 8 nights in length, we will require you to provide us with notice, specified in the table below.
You must write to us and provide notice of your amendment:
1 – 7 nights booking – n/a
8 – 14 nights booking – No less than 7 days prior to new Departure Date
15 nights booking or greater – No less than 14 days prior to new Departure Date.
10.9. If you fail to provide us with adequate notice, the charges levied are based upon the length of your original booking as explained below.
Penalty if inadequate notice is provided:
1 – 7 nights booking – A fee equivalent to the Accommodation Fee for your new Occupancy Period, plus the Occupation Rate for any days of the original booking that are no longer being used. For avoidance of doubt, the Occupant and Guests may utilise the accommodation for the entire period being paid for.
8 – 27 nights booking – A fee equivalent to the Accommodation Fee for your new Occupancy Period plus the Occupation Rate for any days of the original booking that are no longer being used, to a maximum value of 7 nights at the Occupation Rate you have been charged. For avoidance of doubt, the Occupant and Guests may utilise the accommodation for the entire period being paid for.
28 – 59 nights booking – A fee equivalent to the Accommodation Fee for your new Occupancy Period plus the Occupation Rate for any days of the original booking that are no longer being used, to a maximum value of 14 nights at the Occupation Rate you have been charged. For avoidance of doubt, the Occupant and Guests may utilise the accommodation for the entire period being paid for.
60 + nights booking – A fee equivalent to the Accommodation Fee for your new Occupancy Period plus the Occupation Rate for any days of the original booking that are no longer being used, to a maximum value of 28 nights at the Occupation Rate you have been charged. For avoidance of doubt, the Occupant and Guests may utilise the accommodation for the entire period being paid for.
10.10. If you check-out prior to the booked Departure Date or amend your booking to an earlier Departure Date, then we will attempt to re-sell the apartment. We won’t be required to refund you any money due to the fact that we are able to let the apartment to an alternative occupant.
This is the bit where we talk about what we expect of any Native guest and what you can expect from us.
11.1. This licence permits you or any Occupant named by you to us at the time of booking to stay at a specific type of apartment within a building operated by Native and permits you and those Occupants access to that apartment through Common Parts of the building for the Occupancy Period that you have booked and for any extension we agree. This permission is conditional on prompt payment of a fee and subject to appropriate behaviour on your part.
11.2. We hope we will not need to, but we can withdraw that permission at very limited notice if we need to. This licence does not grant you or any other party a right to stay in a specific apartment or create any form of legal interest in the apartment, building, or other property. Nothing in this document or any other agreements creates a tenancy in respect of any property.
11.3. All the obligations under this licence are those of you and of any Occupant or other person you allow to enter the building or apartment, whether or not you have notified us of that person’s attendance. You take full responsibility for the behaviour of any person that you, or an Occupant that you have approved, allows to enter the building or apartment.
11.4. As the apartments are used as serviced holiday accommodation they are exempt from security of tenure legislation. You acknowledge that you have the right to occupy the apartment for the purposes of your booking and that you are not using it as a dwelling house or for commercial purposes. You have no security of tenure over any apartment operated by Native and no rights of occupation are created apart from those associated with your booking.
12.1. You agree to pay the fees specified in this Agreement you have entered into for the occupation of the apartment and use of the building services and the fees for any additional services promptly in advance. Where a monthly payment schedule has been agreed, you agree to ensure adequate funds are available on the card you have provided for the Recurring Card Payment.
12.2. Your fees are inclusive of all charges in respect of the following utilities: Gas, Electricity, Water, TV Licence, Council Tax and Insurance for any items supplied by us. Please note that our insurance does not cover your possessions or those of any Occupant.
12.3. You and the other members of your party are responsible for payment of any charges made for use of any other facilities not listed above such as, but not limited to, Cleaning, Ironing, Dry Cleaning, Full Housekeeping, Upgraded Broadband, Gym Membership, Parking Facilities, Storage Facilities, Satellite TV, Kitchen Packs and any other fees levied by Native for the use of amenities.
13.1. You agree to use the apartment and building for residential purposes only and in particular you agree not to:
13.1.1. Operate any form of business from the apartment;
13.1.2. Use the apartment or building for any illegal or immoral purpose;
13.1.3. Consume or keep illegal drugs at the apartment or building;
13.1.4. Smoke in the apartment or building;
13.1.5. Carry out any action that would cause damage or deterioration of the apartment or building;
13.1.6. Bring any animals or pets into the building or apartment (save for disabled assistance dogs) without first notifying Native and having obtained prior written approval from us. You may be required to pay additional cleaning fees and refundable deposits depending on which property you are staying in.
13.1.7. Obstruct any corridor or emergency exit in the apartment or building;
13.1.8. Damage, misuse, inhibit or render inoperative any safety equipment, fire safety equipment, or alarm system.
13.2. You agree to use the apartment and the building in a reasonable and responsible manner at all times.
13.3. You agree not to display any items in the windows, or hang items out of the windows, such as signs, laundry, flags, posters etc.
13.4. You agree to store bicycles in the storage areas provided and not to bring bicycles into the building or apartment at any time. If a bicycle is found to be stored within the apartment, we reserve the right to remove it and place it into the storage area.
13.5. You agree to adhere to the Fire Safety Notices provided in every apartment, not to tamper with any fire safety equipment provided, never to cover heat or smoke detectors and not to cause false activation of the fire alarm systems.
13.6. Any damage caused to fire safety equipment is a criminal offence and Native will report any occurrence to the authorities and press charges. We will also seek damages for the cost to repair any equipment.
13.7. Native will levy a charge to you in the event that you cause repeat or persistent false activation of the fire alarm system.
14. Condition upon your Arrival
14.1. Native have agreed to provide the apartment and its fixtures and fittings to you clean and in good repair and condition. For bookings of greater than 28 days, an inventory and condition report is carried out at the beginning and end of every booking. We advise that you check this upon arrival and inform us if you identify any issues with cleanliness or lack of repair. If you do not report any issues within 24 hours of Check-In then you agree that the apartment is provided in that condition. Any issues to be reported on arrival or during your stay need to be reported to the property team, the details of which shall be in your welcome letter which will be in the apartment once you have checked in.
15. Fixtures & Fittings
15.1. You agree to operate any appliance, fixtures and fittings provided by us in accordance with the provided instructions. If upon your arrival we have not provided you with instructions you must ask for these prior to operating the appliance. Failure to operate the appliances as per the instructions may result in damage to the appliance, which we will hold you responsible for. You agree to look after them and return them back to us, at the end of the booking, in good condition.
15.2. Occupants are not permitted to fix anything to the walls of the apartment. If you wish to fix anything to the walls of the apartment, please speak to the Guest Services team who will provide a member of our maintenance team to help you.
16. Reporting Repairs
16.1. You agree to promptly report any items within the apartment or building that require repair, to us. You also agree to take action as soon as you become aware of a problem to minimise its effects and prevent it becoming worse. In the event that an unreported issue worsens and causes damage, you agree to compensate us for any losses we may suffer.
16.2. You are not permitted to make any repairs or instruct another party to make any repairs to the apartment. If you make a repair or instruct another party to make a repair on your behalf then you will be liable for any defects in materials or workmanship which reduces the apartment below the standard it was in at the start of the booking. You will also be liable for any costs or expenses we incur in checking the quality and suitability of any repair you have made. If we are made aware at any time that repairs or alterations have been made to the apartment we will terminate this Agreement with immediate effect.
16.3. If once you have vacated the apartment, we identify a required repair that you have not reported to us, we will assume this to be damage due to negligence or carelessness and charge you accordingly.
17.1. You will keep the apartment properly ventilated to ensure that there is no build-up of damp or moisture or of cooking smells, smoke or grease.
18.1. You will dispose of all rubbish and waste promptly using the facilities provided. You will not dispose of waste or rubbish in any system not designed for this. In particular you will take care to avoid blocking of or damage to drains or sanitary appliances by seeking to dispose of inappropriate items or abrasive, corrosive or hazardous substances. Appropriate refuse disposal areas are provided in all properties, the Welcome Guide in your apartment will detail the location of these.
19.1. You will use the cooking facilities provided with reasonable care and according to the manufacturer’s instructions so as not to cause damage to the apartment, building or any fixtures and fitting and so as not to cause fire or smoke alarms to be activated.
19.2. Deep fat fryers are strictly prohibited
19.3. All cooking must be carried out with proper ventilation using the provided equipment so as not to cause odours to remain in the apartment. Where odours from cooking remain after your departure, we may charge you for professional services to help remove them.
20.1. You will keep the apartment clean and tidy and will bear primary responsibility for its condition on your departure, even if you have asked us to supply you with a separate cleaning service.
20.2. If there has been a breach of this Agreement by keeping animals within the apartment or smoking then specialist cleaning will be required and any costs incurred will be levied against your account.
21. Condition upon your departure
21.1. At the end of your booking or upon your Departure Date if you choose to leave earlier, you agree to removing all Occupants or other persons, all possessions and rubbish from the apartment and building and leaving the apartment and its fixtures and fittings in the same good clean condition it was provided to you at Check-In. We recognise that over time the condition of some areas may deteriorate due to wear and tear; we will be fair about this.
21.2. If upon your departure, we identify any Native property is missing we will seek damages from you to cover the cost of replacing such items. We will also inform the Police and press charges.
21.3. If you or any other Occupant leave any property behind which is bulky or not easily portable then you shall be liable for an on-going licence fee until such time as we can remove the property and you shall also be liable for any costs we might incur in removing or storing this property.
21.4. If you leave any other item behind that Native deem as high value, such as jewellery or electronic goods, we shall attempt to make contact with you to arrange collection. You shall be liable for any storage costs we might incur in storing it for you and you agree that if any item is not claimed within 7 days of your departure or you are not contactable during this time then it shall be deemed abandoned and we can sell or dispose of it at our sole discretion with us retaining any proceeds of any sale to offset our storage and administrative costs. Please contact Guest Services on +44 (0) 20 7313 2383 for enquiries relating to any item which has been lost or you may have left behind. Items shall be held for 6 weeks from departure.
21.5. Food items or perishable goods will be disposed of immediately upon Native becoming aware, Native will not store or save any such items for Occupants under any circumstances.
21.6. We will notify you within 1 week of your departure of any damage and additional cleaning required and the charges for repairs, replacement and work required. We will reference the
inventory and condition report that was undertaken prior to your arrival. Where possible, photographic evidence will also be supplied. If an apartment is vacated in such a condition that repairs and cleaning will make the apartment uninhabitable for more than 48 hours, an extra charge equivalent to 48 hours occupation will be made.
22.1. You agree to compensate us for any cleaning or decoration of the apartment or building required, any losses we might suffer, or any fees or charges we have to pay, including compensation to other persons staying in the same building, caused by failure to fulfil any of your obligations in this Agreement.
23. Noise & Nuisance
23.1. You agree not to cause excessive noise in the apartment above and beyond that which might reasonably be expected due to its anticipated use as a residential premise. You agree to use the apartment in a manner which does not cause a nuisance to other persons residing in other apartments in the same building or in nearby buildings and not to obstruct, harass, cause a nuisance to, or inconvenience any person residing, working for or on behalf of Native, or carrying out their lawful business in the building or immediate area.
23.2. We operate a zero-tolerance policy to any amplified noise after 10pm and before 8am. We will terminate this Agreement with immediate effect if any Occupant or invited visitor is found to be causing excessive noise.
23.3. We operate a strict policy against parties or gatherings in our buildings and apartments. Any substantial complaint or a party will result in any visitors involved in the party being asked to leave and will lead to termination of this licence with immediate effect.
24. Visitors & Overnight Guests
24.1. Native operates a strict security policy to ensure the health, safety and welfare of all our Occupants and Staff. During all times, the safety and behaviour of any visitor or overnight guest remains the responsibility of the Occupant. For the avoidance of doubt any breach of the terms of this licence by a visitor will be the responsibility of the Occupant who allowed the visitor into the building or apartment and the Occupant will be treated as being in breach of this licence. We reserve the right to ask non-resident guests to leave at any time.
24.2. Overnight guests are allowed, but the total number of Occupants in the apartment at any time cannot exceed the maximum number of Occupants allowed to stay in the apartment. The maximum occupancy of an apartment is communicated at the time of booking. This is to ensure we adhere to fire regulations and Health & Safety legislation.
25.1. You agree not to change the number or identity of Occupants without first notifying us.
25.2. Only persons notified to us prior to your arrival date and/or listed on our written confirmation of booking may occupy the apartment. You may not re-let/sublet the apartment to any other third party, nor may you permit any other person to stay in the apartment or give keys/access information to any other person without our express permission in writing. 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 in writing by us.
25.3. The number of persons permitted to occupy the apartment is limited to the number listed on our written confirmation of your booking. You must not allow this limit to be exceeded neither can you change the composition of the occupants during your stay without our permission in writing. If you do either of these things, we can refuse to hand over the apartment to you or can evict you and repossess the apartment without notice. If we do so, this will be treated as a cancellation by you and the Cancellation and Amendment policy will apply. In these situations, Native are not subject to any notice terms. We will not have any liability to you as a result of this situation arising (including, for example, any costs or expenses you incur due to not being able to occupy the apartment, such as incurring the cost of securing alternative accommodation). In this situation, we are not under any obligation to find any alternative accommodation for you.
26.1. You will take care to ensure the security of the apartment and building by:
26.1.2. Taking care of access keys, tokens or codes and not giving them to persons who are not agreed with us to be Occupants;
26.1.3. Ensuring your apartment door is locked every time you leave the apartment;
26.1.4. Not propping or holding open external doors, windows, and other forms of access to the building and apartment when you are not supervising them;
26.1.5. Native takes no responsibility for any items that Occupants or their guests have lost during their stay.
27.1. You agree not to display any form of sign or logo that is visible from the exterior of the apartment or building and not to use the apartment or building, its address or location in any form of advertising or promotional material.
28.1. Throughout your stay, we or a contractor permitted by us may need to enter your apartment. We will aim to provide you with at least 48 hours’ notice of our intention to access your apartment and where possible to access your apartment during normal working hours, however this may not always be possible. We shall not be required to provide the notice in this clause 28.1 in instances of emergency or unforeseen circumstances
29.1. Our Staff are here to help. We will not tolerate any harassment, abuse, or violence toward any member of our Staff, our third-party apartment providers and their Staff, or any of our suppliers or contractors. Anyone found to be threatening or harassing a member of our Staff will have their licence terminated and we will report the matter to the Police.
30.1. We strongly recommend that you take out adequate insurance to safeguard against risks such as theft, accident, or the cost of cancelling. Native will not be held responsible for the theft and/or damage of your personal belongings during your stay in any apartment booked.
31. Provision of Apartment
31.1. We and any third-party apartment provider agree to provide you with accommodation of at least the standard and size you have booked or, if this is not available, we shall use our reasonable endeavours to provide such accommodation of a higher quality and larger size as we shall decide in our sole discretion. We do not agree to provide you with a specific apartment at the location requested at booking. If we have to downsize your apartment we will reimburse you any difference in the fees.
32. Provision of cooking and washing facilities
32.1. We agree to provide you with functioning cooking and washing facilities within your apartment.
33. Cleanliness and Condition
33.1. We will ensure that your apartment is cleaned to a high standard and that the apartment and all fixtures and fittings are in good repair before allocating it to you.
33.2. We will conduct regular visits to the apartments to check the condition of the apartment, no less than every quarter. We will provide written or verbal notice of our intention to visit your apartment 48 hours prior to the visit taking place.
34.1. We will keep in good repair and proper working order: 34.1.2. the fabric and structure of the apartment and the building it is within;
34.1.3. the utilities and conduits for the provision of water, gas, sanitation, drainage and electricity;
34.1.4. any appliances, furniture, fixtures or fittings we have supplied
34.2. We are not liable for any repair until it has been notified to us. We are entitled to a reasonable time to make any repair that is required having regard to its seriousness., your circumstances, the time of day, any public holidays, and the availability of necessary parts. Where we cannot make a repair in a reasonable time we are entitled to require you to move to an alternative accommodation.
34.3. We will not be obliged to repair or replace anything that has been damaged or destroyed due to your negligence, carelessness, or misuse or that of any Occupant or guest or visitor you or an Occupant have invited into the building or apartment. If we do repair or replace any such items we will charge you the full cost.
We may terminate this licence at any time where you are in breach of any part of this licence or any other agreement made with Native or a supplier of services provided in relation to your occupation of the apartment. You may terminate this licence only in accordance with the terms of the early departure and cancellation provisions in this Agreement with us.
35.2. Collateral Agreements
This licence is granted subject to the booking, cancellation, and extension provisions contained in this Agreement you have entered into with us.
Any notices required under this Agreement will be sufficiently served if emailed by us to you at the email address provided on booking or by you to us if sent to Native, United House, 9 Pembridge Road, London, W11 3JY or email@example.com.
35.4. Definitions and Interpretations
This licence shall be subject to the definitions and interpretations contained within this document.
35.5. Feedback and Complaints
We aim to deliver the best possible service, in the unlikely event we fall short of your expectations we want to hear from you. You can contact us via the Guest Services teams in your building, by calling Guest Services on +44 (0) 20 7313 2383 or in writing to Native, United House, 9 Pembridge Road, London, W11 3JY. We aim to acknowledge any complaint within five working days.
To make sure these Terms and Conditions are crystal clear, here’s a list of the wording we use and what we mean:
“Native”, “we”, “us” or “our” “Nativeplaces” means Native Holdings Ltd, a company registered in England and Wales with the registered number 03479011 whose registered address is Native, United House, 9 Pembridge Road, London, W11 3JY (including, where appropriate, our employees, third party apartment providers, suppliers and agents, and insurers) and any properties that Native may own or operate on behalf of someone else.
“You” means the party making a booking for an apartment with Native.
“Additional Services” means services provided by Native or third party companies approved by Native which are ancillary to the provision of residential accommodation.
“Administration Charge” means the charge of £25 + VAT which will be made by Native for our time in the processing of cancellations or amendments to a booking.
“Apartment” means a self-contained unit of accommodation within in a specific building which you have booked and the Occupant is permitted by Native to occupy in accordance with an Agreement to which these terms and conditions relate. At no time does Native offer a Booking for a specific apartment and the actual apartment provided will not be finally allocated until Check-In. Native may ask you to move from one Apartment to another at any time.
“Apartment type” means the size and quality of accommodation unit in a specified building which you have booked and the Occupant is permitted by Native to occupy in accordance with an Agreement to which these terms and conditions relate.
“Alternative Accommodation” means an alternative Apartment that we offer you in the event that we are unable to allocate you the size or quality of Apartment you have booked with us at Check-In or where we require you to move from your Apartment. Wherever possible this will be of similar or better size and quality in the same Building or another Building
“Booking Confirmation” means that Native has acknowledged and accepted your booking on a provisional basis. It does not mean that Native guarantees to provide you with accommodation in your chosen Apartment Type and this is subject to availability at the time of Check-In.
“Building” means the structure which the Apartment forms part of along with any Common Parts and approaches, parking area, or grounds dedicated to the use of the Building;
“Booking” means the arrangement made by you with Native to occupy a specified Apartment Type in a specified Building for an Occupancy Period from a Commencement Date.
“Check-In” means the point in time on or after the Commencement Date at which you or a designated Occupant first arrives at the Building in order to take up occupation of an Apartment.
“Check-Out” means the point in time at which you and any persons allowed into the Apartment or Building by you or your Occupants vacate the Apartment. This includes vacation at the end of the period of the licence we have granted to you, the termination of the licence by us, or on the basis of an agreed early termination. On check-out your liability for Occupation Fees will not necessarily end.
“Commencement Date” means the date upon which the Occupant is entitled to occupy the Apartment.
“Common Parts” means the entrance lobby, stairs, corridors, lounge, laundry, lifts, bicycle store and any other common areas within the Building provided for the benefit of all Occupants of the Building;
“Contents” means some or all of the furnishings and effects to be found in the Apartment as listed in the inventory to be provided to the Occupant on moving in to the Apartment.
“Departure Date” means the date upon which you have agreed that your Occupants will vacate the Apartment and the Building having removed all their rubbish and possessions from the Apartment and leaving it in good, clean condition. See comment on Check-Out
“Guest” means a person, other than the Occupant, staying in the apartment provided by Native
“Security Deposit” means monies held by Native as security for any failure by you or by any Occupant to adhere to the terms of this Agreement.
“Interest” means simple interest calculated on a daily basis at the Law Society Interest Rate on any overdue payment. This interest will be calculated from the date that the payment falls due until the date that cleared funds are credited to a bank account operated by Native.
“Fixtures and Fittings” means the furnishings and other appliances provided by Native in the Apartment.
“Fee Period” means the period of one month beginning on the Commencement Date and on the same day of each month thereafter or any shorter period that remains between the start of a Fee Period and the Departure Date.
“Occupancy Period” means the period running from the Commencement Date to the Departure Date during which the Occupant is permitted to occupy the Apartment.
“Occupant” means the person or persons using the services provided by Native, and/or any other person who have been named to Native as occupying an Apartment.
“Occupation Rate” means the rate you are charged for each night of occupation of the Apartment booked. This rate is calculated based on the location of the Building you have selected, the Apartment Type sought, the number of Occupants notified to us, and the length of the Occupancy Period booked for.
“Accommodation Fee” means the sums payable in respect of the occupation of the apartment.
“Recurring Card Payment” means the authorisation by you for Native to deduct occupation, service and Security Deposit fees from a Valid Payment Card.
“Service Fee” means the sums payable in respect of additional services whether ordered by you at booking or by the Occupants during their occupation.
“Similar size and quality” means an Apartment which we place in the same pricing band as the Apartment you have booked with us.
“Staff” Means any employee, agent, or contractor engaged by Native in relation to its operations.
“Valid Payment Card” means a credit or debit card held in the name of one of the Occupants, or a company which employs one of them, provided by American Express, Visa, MasterCard, Visa Delta and Maestro/Solo which has been registered with Native and validated by them.
“Website” means the internet booking service operated by Native for the purpose of selling and managing bookings of its Apartments.
“Visitors” means people visiting the Occupant.