NOX HOTELS’s Terms & Conditions in London

SITE USE TERMS AND CONDITIONS

Last Updated 9th October 2020


1. Agreement to Terms

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and NOX HOTELS (we, us), concerning your access to and use of this website as well as any related applications (the Site).

NOX HOTELS Legal mention:


Hannaford Consultants Ltd
GB240649610
Midas, 198 West End Lane
NW6 1SG LONDON UK


Haverstock 154 Ltd
GB189022594
198 West End Lane
NW6 1SG LONDON UK


Hotel 27 Ltd
GB994540875
198 West End Lane
NW6 1SG LONDON UK


CTS Hotels Ltd
GB342178312
Ground Floor, 45 Pall Mall
SW1Y 5JG LONDON UK


Cheniston Ltd
GB231513940
Midas, 198 West End Lane
NW6 1SG LONDON UK


Abbey One Hotels Ltd
GB854071138
Midas, 198 West End Lane
NW6 1SG LONDON UK


Lower Marsh Properties Ltd
GB11401741
198 West End Lane
NW6 1SG London UK


SLMR Ltd - NOX
GB12486666
274 West End Lane,
London NW6 1LJ


Brightcase Management Ltd
GB14030026
Midas, 198 West End Lane,
London UK NW6 1SG


The Site provides various services (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.


If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.


1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.


1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.


1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.


1.5 The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.


1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.


1.7 Additional policies which also apply to your use of the Site include:

● Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
● Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Site. When using the Site, you must comply with this Acceptable Use Policy.
● Our Cookie Policy, which sets out information about the cookies on the Site.


2. Acceptable Use


2.1 Our full Acceptable Use Policy sets out all the permitted uses and prohibited uses of this site.


2.2 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.


2.3 As a user of this Site, you agree not to:

● Falsely imply a relationship with us or another company with whom you do not have a relationship

3. Information you provide to us


3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at info@noxhotels.co.uk.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.


5. Our content

5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.


5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.


5.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.


5.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.


5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.


5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.


5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.

6. Link to third party content


6.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.


6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.


7. Site Management

7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.


7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.


7.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.


8. Modifications to and availability of the Site

8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.


8.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.


8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

9. Disclaimer/Limitation of Liability

9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.


We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.


9.2 Our responsibility for loss or damage suffered by you:


Whether you are a consumer or a business user:


Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the sum of £50.


10. Term and Termination

10.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at info@noxhotels.co.uk


10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.


If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.


10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.


12. General

12.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.


You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.


12.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.


12.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.


12.4 We may assign any or all of our rights and obligations to others at any time.


12.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.


12.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.


12.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.


12.8 The following are trade marks of Nox Hotels. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use.


12.9 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.


12.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at info@noxhotels.co.uk.



RESERVATION TERMS AND CONDITIONS.


These terms and conditions apply to all reservations made directly with any entity displayed on this site. By completing your reservation you confirm acceptance of these terms and conditions as a client and on behalf of all members of your party. These terms & conditions, the reservation confirmation and any amendments in writing (including email communication) shall comprise the only and complete agreement between any ‘ENTITY’ on this site and the client. An ‘ENTITY’ is defined as any hotel, apartment or property listed on this site.


1. RESERVATION

1.1 Any reservation made by you shall be deemed to be an offer by you to purchase the relevant accommodation subject to these terms and conditions.

1.2 The offer will become unconditional after the client has supplied valid credit or debit card details that have been subject to payment or pre-authorisation. No contract between you and the ENTITY shall come into existence until the ENTITY receives confirmation of payment or pre-authorisation.

1.3 The pre-authorisation comprises the first night’s rate of your booking. This is required at least 6 days prior to arrival and will be retained by the relevant bank and not the ENTITY. This amount constitutes a guarantee for your booking. On arrival you will be charged the full amount of your booking. The bank concerned will then release the retained amount used to guarantee the booking into the account concerned. Please note that the release time is subject to the terms and conditions of your bank account in question.

1.4 All Advance Purchase reservations are required to be paid in full at the time of reservation and are strictly non-refundable.

1.5 If the client does not provide valid debit or credit card details such that payment or pre-authorisation cannot be obtained, then the reservation may be released and resold without any further notification to the client.

2. SUPPLY OF THE SERVICES

2.1 The ENTITY shall provide the client with all services relating to the agreement.

2.2 The client shall at its own expense supply the ENTITY with all necessary data or other information relating to specific requests within sufficient time to enable the ENTITY to provide such required services. The client shall ensure the accuracy of all such information.

3. CHARGES

3.1 The total payable by the client shall be detailed in writing by the ENTITY in the reservation confirmation. Any extra facilities to those detailed in the reservation confirmation will be charged at the prevailing rate on the day they are requested.

3.2 The ENTITY retains the right to vary their rates. However, the rates secured in your booking confirmation will not change.

3.3 All charges are inclusive of Value Added Tax at the applicable rate at the tax point unless otherwise stated.

4. DEPOSIT PAYMENTS

4.1 The ENTITY reserves the right to request a non-refundable deposit during certain periods. The particular terms of the deposit will be clearly communicated where applicable.

4.2 Advance deposit charges will be deducted from the total payment detailed in the reservation confirmation.

4.3 Any payment made up-front will be treated as a deposit and is subject to our cancellation policy.

4.4 A security and incidental deposit may be asked for in person upon check-in in or in advance of check in by email communication.

4.5 When booking more than 3 rooms, different policies and additional supplements may apply.

5. PAYMENT

5.1 Payments as specified in the booking confirmation are to be made by the client upon arrival at check-in or in advance where applicable.

5.2 The client will be liable to pay for the cost of repair of any damage to the ENTITY. The reasonable cost of such damage will be calculated at the sole discretion of the ENTITY and charged to the client’s debit or credit card. By providing a valid debit or credit card on or before arrival the client agrees that these reasonable costs may be charged to that card. The client will be notified of any such charges.

6. CANCELLATION CHARGES

6.1 The client agrees to pay the ENTITY compensation (the full value of the reservation) in the event of cancelling a standard (not advance purchase) reservation less than 6 days prior to arrival.
Arrival is calculated at 3pm on the scheduled reservation date. This compensation is full cost of the accommodation as stated in the reservation confirmation. As this amount will have already been validly pre-authorised, the ENTITY reserves the right to retain the pre-authorised amount as compensation. See Section 1 for more information on pre-authorisation.

6.2 The Client agrees to pay the ENTITY compensation should they fail to arrive on the date specified in the booking confirmation, known as a ‘no show’. This compensation is the full cost of the accommodation as stated in the reservation confirmation. As this amount will have already been validly pre-authorised, the ENTITY reserves the right to retain the pre-authorised amount as compensation. See Section 1 for more information on pre-authorisation.

6.3 Advance Purchase bookings are pre-paid and non-refundable whereby payment is taken on receipt of the reservation.

7. LIABILITY OF THE ENTITY AND ITS AFFILIATES

7.1 The ENTITY AND ITS AFFILIATES shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any written instructions supplied by the client which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or which arise from their late arrival or no show, or any other fault of the client. In no circumstance may any instructions be provided otherwise than in writing.

7.2 The ENTITY shall not be liable to the client by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the ENTITY, its servants or agents or otherwise) which arise out of or in connection with the provision of the services (including any delay in providing or failure to provide the services) or their use by the client.

7.3 In respect of death or personal injury caused by the ENTITY negligence the entire liability of the ENTITY in connection with the contract shall not exceed the amount of the ENTITY charges for the provision of the services, except as expressly provided in these Terms.

7.4 Clients are advised that all accommodation provided under this contract is located in a tourist and busy urban area. The ENTITY shall have no liability to a client for any claim for compensation arising from noise outside of the premises and the client may not make any deduction from any charges as a result of noise.

7.5 A safe deposit box is available in each room. The ENTITY will not be liable for the loss or theft of valuables.

7.6 Guests are urged to take appropriate insurance before they embark on their journey to any ENTITY listed on this site.

8. CLIENT RESPONSIBILITIES

8.1 Check-in is from 2pm on the reservation date (exceptions: NOX Waterloo, NOX Edgware road, NOX Paddington, NOX Kensington Gardens, NOX Hyde Park check in time is from 3PM) and checkout is no later than 12 midday (exceptions: NOX Waterloo, NOX Edgware road, NOX Paddington, NOX Kensington Gardens, NOX Hyde Park cand NOX Richmond check out time is 11AM) on the departure date. All guests checking-in must provide photo ID in the form of driving license, passport or ID card as well as the credit or debit card used for their reservation.


8.2 The client is responsible for the behaviour of him, herself, themsleves and their guests at the ENTITY. The client must ensure that no undue noise (and between the hours of 11pm-8am no noise) or nuisance is caused to the ENTITY, its employees and any other guests and clients. The client must comply with any reasonable request of the management at the ENTITY and with any policies of the ENTITY as may apply to the services from time to time.

9. BEST RATE GUARANTEE

9.1 You are getting the lowest possible price for your room by booking on this website. Please note that all prices on our website are per room for your entire stay including Value Added Tax.

9.2 If you find a lower rate elsewhere within 24 hours of your existing reservation please contact us and we will offer you 10% off that rate if your booking satisfies the following criteria:
– The lower price is bookable online and is still available when we check.
– The lower price is for the same accommodation that you’ve booked with the ENTITY. This includes room type, check-in and checkout dates and booking conditions.
– You have an existing reservation with the ENTITY.

If we can’t match the lower price because of the points included in Section 8.2, you keep your existing reservation including the cancellation policy.

10. SPECIAL OFFERS

10.1 From time to time we will advertise Special Offers on our website.

10.2 All Terms & Conditions apply to these Special Offers.

11. PARTICULAR REQUIREMENTS

11.1 All of the ENTITIES are non-smoking and no-smoking policies are enforced throughout the premises. The penalty charge is £200 per day for smoking in any ENTITY and this will be charged automatically.

11.2 No pets are allowed on any NOX HOTELS property.

12. FORCE MAJEURE

Irrespective of any jurisdiction’s and/or organisation’s definitions of Force Majeure, all ENTITIES on this site have full discretion and reserve all rights to alterations of non-refundable bookings, and its policies will be enforced to full effect with the following exception:

Any ENTITY may at any time decide by itself to provide the holder of the reservation with a voucher in place of his/her/they’s reservation, which will be eligible for use for up to 12 months.