Terms of Use

Your Night Away LTD

Booking Terms and Conditions

By booking accommodation through Your Night Away Ltd you are agreeing to the following terms and conditions.

1. Definitions

1.1. Your Night Away is a Limited Company registered in England and Wales number 13910781 of 1 Sundorne Avenue, Shrewsbury SY1 4JW

1.2. References to you or your means the person or organisation making the booking through Your Night Away Ltd.

1.3. The Supplier means the organisation, individual, partnership or company which supplies the accommodation. The identity and details of the Supplier will be confirmed in the booking confirmation email supplied by Your Night Away Ltd.

2. The Booking

2.1. Your Night Away Ltd acts as an agent for the Supplier in facilitating a booking through this website, by email or telephone and your contract for the booking will be between you and Your Night Away Ltd in accordance with these terms.

2.2. These terms apply to bookings made via the Your Night Away Ltd website, by email or telephone or in person with Your Night Away Ltd.

2.3. Your booking is confirmed and a legal contract concluded once your payment has been successfully made. No booking is made or contract concluded when payment is declined or unauthorised.

2.4. Your Night Away Ltd will facilitate payment of your booking. Your Night Away Ltd will charge to the guest a fee as agreed before the day of arrival and pay the supplier a set monthly amount.

2.5. You agree that the booking is for a short term stay for leisure, business or temporary purposes and does not give rise to an assured shorthold tenancy or lease and is an excluded agreement within the meaning of s.3A(7)(a) of the Protection from Eviction Act 1977.

2.6. Bookings can be for any length from one night up to three months. Bookings may be made at any time 24hrs before, the first night of your stay.

2.7. Bookings may only be made by a person aged 24 or above and there must be at least one person aged 24 or above staying in the accommodation.

2.8. You may not re-sell or re-assign your booking to any other person or organisation except with the express authority of Your Night Away Ltd.

3. Payment and Cancellations

3.1. All payments shall be made by Credit or Debit Card. Your Night Away Ltd does not charge booking fees or credit or debit card fees.

3.2. Full payment is required upon booking unless expressly agreed otherwise by Your Night Away Ltd. Your Night Away Ltd shall supply an invoice.

3.3. The total price for your entire stay will be presented to you before you confirm your booking and make payment. Pricing is dynamic and therefore the price for the same or similar accommodation may vary over time after your booking is made. This does not confer upon Your Night Away Ltd or the Supplier any right to require additional payment where the price increases and does not confer any right on you to a discount if the price decreases.

3.4. The following cancellations provisions apply unless specified otherwise in the reservation information provided prior to booking.

3.5. Both Your Night Away Ltd (on behalf of the Supplier) and you may cancel the booking at any time up to 14 days prior to the first day of your booking in which case a full refund will be made to you.

3.6. If you cancel the booking within 14 days of the first day of your booking then Your Night Away Ltd reserves the right to retain the full amount paid. Any refund will be at Your Night Away Ltd entire discretion.

3.7. Your Night Away Ltd reserves the right to cancel bookings within 14 days of the first day of the reservation where it is necessary due to reasons outside of the Supplier’s or Your Night Away Ltd reasonable control or in the event of an overbooking due to delays or errors within the booking system. In the event of such cancellation you will receive a full refund.

4. Your stay

4.1. Check-in time and check-out time shall be detailed in the reservation information unless expressly agreed by Your Night Away Ltd otherwise. Your Night Away Ltd may request an additional payment for early check-in or later check-out. Information on the check-in and check-out procedure and access to the accommodation will be provided separately.

4.2. Your booking is for serviced accommodation rather than a hotel or guest house service (unless expressly specified otherwise). Your Night Away Ltd does not provide meals or newspapers.

4.3. Included in your room/apartment will be linen and towels, shower gel and shampoo. A cleaning service is provided and further information is available on request.

4.4. Your accommodation will also include a welcome pack of coffee and tea. The supplier does not provide milk.

4.5. The dedicated electric vehicle charging point is for the use of the booking party only. We do not guarantee availability and unavailability shall not constitute a breach of our booking contract. Use is at the owners risk and we do not accept any liability for any loss or damage sustained by you or your EV as a result of using the charger. You shall be responsible to us for any damage to the charging point or loss suffered by us caused by your use of the charging point.

4.6. You are responsible for the conduct of all persons staying within the accommodation and shall ensure that they comply with these terms and conditions. In particular you and your guests must not:

4.6.1. Smoke in the premises. All rooms and common spaces in our accommodation is strictly non-smoking – you and other guests may only smoke outside of the premises.

4.6.2. Bring any pets into the premises, with the exception of assistance dogs or unless expressly agreed by Your Night Away Ltd;

4.6.3. Bring any potentially dangerous or hazardous materials or equipment onto the premises;

4.6.4. Bring any drugs into the premises;

4.6.5. Tamper with any fire alarms or emergency equipment;

4.6.6. Remove, damage or destroy any Supplier property;

4.6.7. Use the property for any business purposes whatsoever;

4.6.8. Use any technology provided by the Supplier to download or access any unlawful or obscene material;

4.6.9. Cause unreasonable disturbance to our other guests or any member of the Supplier’s staff;

4.6.10. Make excessive noise particularly after 11pm especially from TV's and other electronic devices, or overcrowding. We use minut sensors as a security measure and where noise levels exceed acceptable levels as stipulated by Your Night Away Ltd, we will give you one warning and if noise continues you will be asked to leave the property. You can find out more about these sensors in our privacy policy – it does not record your conversations, just the level of noise.

4.6.11. Fail to return your room keys/fobs/cards at the end of your stay as will result in the following charges. We will also require

a) Fobs £100 per fob, then £5 per day until receipt subject to maximum

b) Cards £75 per card, then £4 per day until receipt subject to maximum

c) Keys £15 per key, then £3 per day until receipt subject to maximum In the interests of security, the supplier may have to replace the corresponding locks. (of which any associated costs will be borne by yourselves)

4.6.12. Hold a party or event of any kind that will cause disturbance to the adjoining owner’s properties where applicable. In the instance that this is breached you will be asked to vacate the property immediately and police assistance will be requested if required.

4.6.13. If any of the rules under clause 4.6 are broken, the supplier has full discretion as to what fee they charge out of your deposit, unless specifically stated in these terms. If the deposit doesn’t cover all damage to the business, the guest will be informed what they owe on top of the deposit amount and if this is not adhered to, Your Night Away Ltd will engage the relevant authorities or court to recoup the damage to the business.

5. Damage, theft and costs

5.1. Your Night Away Ltd reserves the right, on behalf of the Supplier, to charge to the credit/debit card used for payment or any other card used to provide security in respect of:

5.1.1 The cost of replacing or repairing any property of the Supplier including furniture, upholstery, fittings, appliances or other fixtures and items which are damaged during your stay;

5.1.2 The cost of replacing any items of property which are stolen from the accommodation during your stay

5.1.3 Any breach of the Supplier’s non-smoking policy. A standard charge of £200 will be charged to your card where the Supplier or Your Night Away Ltd finds evidence of smoking within the accommodation to cover cleaning costs but the Supplier or Your Night Away Ltd reserves the right to charge additional amounts to cover any damage caused by smoking.

5.1.4 The charging of EVs via a domestic charger at the property is forbidden. You are liable for any damage or loss suffered by us due to your unauthorised use of domestic chargers.

5.2. Such costs may be charged on check-out but Your Night Away Ltd reserves the right, on the behalf of the Supplier, to apply such charges to your card at a later date where necessary.

5.3. Where we or the Supplier are unable for any reason to apply such a charge against your credit/debit card then an invoice will be sent to you and which you agree to pay within 14 days of receipt.

5.4. Your Night Away Ltd or the Supplier will provide a receipt including a break-down of costs for all additional charges made to your credit or debit card.

6. Privacy, Data Protection and Credit/Debit Card Security

6.1. Your Night Away Ltd processes information about you that you provide when making a reservation in accordance with our privacy policy. By providing this information you consent (on your behalf and on behalf of each member of your group) to such processing and you warrant that all information provided by you is accurate.

6.2. You should note that Suppliers are required by law to maintain a register of all guests’ names and nationality (to be taken on arrival) and to keep such details on file for at least 12 months from the date of arrival. In addition, for guests who are not of British, Irish or Commonwealth nationalities, Your Night Away Ltd on behalf of the suppliers are required to take details of your passport or other travel documentation and the address of your next destination.

6.3. For full details on how we collect, use and store personal data including the use of cookies please see our full privacy policy.

6.4. We use a secure third party service to process card payments (www.stripe.com/gb). This service is PCI-DSS compliant and allows us to make charges to your credit and debit card in accordance with these terms. We do not make or store any copy of your card details in our own systems or elsewhere. You can read the privacy policy of the third party provider here: www.stripe.com/gb/privacy.

6.5. We use charge automation to collect check-in data for security purposes. This will include your ID/passport, credit scan, email, phone number, home address to credit check, a selfie to authenticate that you are who you say you are when booking. You can read charge automations privacy policy here Privacy Policy - online check in | Upsell | Payments & security deposit - ChargeAutomation -

6.6. Our website - When someone visits www.yournightaway.co.uk  we use two third party services, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website. Further information can be found from Google and Hotjar themselves: https://privacy.google.com/businesses/compliance/

6.7. CCTV is in operation externally at the property, covering the driveway. CCTV is used for the purpose of security. CCTV is provided by Arlo and all images captured are saved on their server. Arlo automatically deletes footage in line with their policies. Please look at Arlo’s privacy policy for more information https://www.arlo.com/asia/gdpr.html CCTV is only access by the owners and is only operated for is it intended purpose. We do not use or sell any images captured on CCTV to any 3rd parties. In the event where the CCTV is requested upon by the law or for a lawful purpose or in the event of a dispute the CCTV will be looked at and any images requested or needed will be provided to any third party.

6.8. Minut Sensor: Minut Device detects temperature, humidity and noise data. Minut sensor sends an alert to Your Night Away Ltd Minut app when noise levels exceed the specified levels. The Minut Device does not record conversations. You can read more on the minut privacy policy here: Privacy Policy | Minut

6.9. MailChimp: MailChimp is an email marketing tool, used to send anyone signed-up to our mailing list newsletters and other promotions. When you sign up to the mailing list on yournightaway.co.uk your name and email address are stored within MailChimp and, by using our sign-up form, you have consented to receiving marketing material via email from yournightaway.co.uk. Additionally, limited new customer data (name and email address) will be passed into MailChimp so that we can more accurately communicate with you in the future. A full copy of MailChimp’s GDPR policy may be obtained from https://mailchimp.com/legal/privacy/ 6.9. By signing these terms and conditions, you agree to us obtaining and holding your data in line with our privacy policies

7. Enquiries

7.1. Your Night Away Ltd will seek to respond to or resolve any reasonable enquiry you may direct to it in relation to your booking. However, Your Night Away Ltd shall not be liable for any delay in or failure to respond to or resolve an enquiry raised directly with itself. If in doubt you should contact Your Night Away Ltd directly using the details provided in the booking confirmation.

8. Complaints

8.1. Your Night Away Ltd and the Supplier want to ensure that you have an enjoyable stay.

8.2. If you have a problem during your stay please talk to any member of Your Night Away Ltd staff who will be able to help you.

8.3. If Your Night Away Ltd or the Supplier is unable to informally resolve any complaint you have at the time of your stay then you may submit a formal complaint in accordance with this procedure. Formal complaints should be submitted in writing to Your Night Away Ltd email or postal address provided in the reservation information and booking confirmation. Please provide as much information as possible so Your Night Away Ltd can properly investigate your complaint.

8.4. If you wish to make a complaint about Your Night Away Ltd’s services (i.e. in relation to the booking process only) then this should be submitted to the email or postal address below:

8.5. Your complaint will be dealt with by an appointed member of the Your Night Away Ltd management team. Your Night Away Ltd aims to respond to formal complaints within 2 working days but if this isn’t possible Your Night Away Ltd will notify you of this and of when it expects to respond. Your Night Away Ltd will set out the outcome to your complaint in writing. Email address: info@yournightaway.co.uk Postal address: TaxAssist, 1 Sundorne Avenue, Shrewsbury SY1 4JW

8.6. Your Night Away Ltd reserves the right to reject without further investigation any vexatious complaint or complaint made in bad faith.

9. Limitation of Liability

9.1. As an agent Your Night Away Ltd holds no liability to you in relation to your booking or stay at and use of the accommodation. Such liability lies with the Supplier in accordance with the following terms of this clause.

9.2. Your Night Away Ltd endeavours to ensure that all information provided prior to, during and after your booking has been made is accurate but shall not be responsible for any incorrect or missing information regarding the accommodation or booking.

9.3. The liability of the Supplier and Your Night Away Ltd to you under these terms and conditions shall be limited to the total value of your booking (unless the Hotel Proprietor’s Act 1956 applies, in which case the Supplier’s and Your Night Away Ltd liability will be limited to the maximum prescribed under that Act) except where such loss is caused by the Supplier’s negligence, in which case it shall be limited to any direct and reasonably foreseeable loss suffered by you.

9.4. The Supplier or Your Night Away Ltd shall not be liable in any circumstances to you for any consequential or indirect loss including loss of profit, data, management time, reputation or goodwill.

9.5. The Supplier or Your Night Away Ltd shall not be liable for any damages or loss caused by conditions or events beyond its control including, but not limited to:

9.5.1. Strike, lockout or other labour dispute affecting the employees of Your Night Away Ltd or the Supplier;

9.5.2. Acts of God;

9.5.3. Natural disasters;

9.5.4. Acts of war or terrorism;

9.5.5. Act or omission of government, highway authorities or telecommunications carrier, operator or administrator;

9.5.6. Delay in manufacture, production or supply by third parties of equipment or services required for the performance of the Services or production and supply of the Goods;

9.6. Nothing in this clause or these terms shall limit either the Supplier or Your Night Away Ltd’s liability for death or personal injury or in respect of fraudulent misrepresentation.

10. Severability

10.1. If any provision or provisions of these terms and conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

11. Waiver

11.1. The failure of any party at any time to require performance of any provision or to resort to any remedy provided under these terms and conditions shall in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.

12. Entire Agreement

12.1. These terms and conditions constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.

13. Third party rights

13.1. The Your Night Away Ltd or the supplier shall be entitled to enforce its rights under this Agreement against you or any person staying at or using the accommodation.

13.2. Otherwise, nothing in this Agreement is intended to, nor shall, confer any rights on a third party unless expressly provided otherwise.

14. Jurisdiction

14.1. This Agreement shall be construed in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction in so far as any matter arising from this Agreement is required to be referred to a court of law.