Booking Terms and Conditions

1. Definitions and Interpretation

• "Accommodation" means the short-term accommodation provided by the Host and booked through Overnightly.
• "Agreement" means these Terms together with Your Booking Confirmation and any applicable Host Conditions of Stay.
• "Booking Confirmation" means the written confirmation issued by Us following acceptance of Your booking by the Host.
• "Commencement Date" means the date on which Your Booking Confirmation is issued and the Agreement comes into existence.
• "Customer" or "You" or "Your" means the person or organisation making the booking through Overnightly.
• "Guest(s)" means any person(s) staying in the Accommodation under Your booking.
• "Host" means the owner, landlord, operator or manager who supplies the Accommodation.
• "Host Conditions of Stay" means any additional terms, house rules or policies issued by the Host and communicated to You prior to or at the time of booking.
• "Security Deposit" means the refundable sum held by Us as security against damage, loss or breach of these Terms.

2. Our Role

2.1. Overnightly acts as a disclosed agent on behalf of the Host in facilitating Your booking. Your booking is directly between You and the Host. We are not a party to the accommodation contract and We make no warranty or representation in connection with the Accommodation.

2.2. We are responsible for the booking and management services We provide under this Agreement, but not for the Accommodation itself, which is provided by the Host.

2.3. Your booking may be subject to additional Host Conditions of Stay. Where the Host's conditions conflict with these Terms, these Terms shall take precedence unless We notify You otherwise in writing prior to booking.

2.4. We will inform You of the identity of the Host where reasonably practicable.

3. Making a Booking

3.1. These Terms apply to all bookings made via the Overnightly website, by email, by telephone, or in person with a representative of Overnightly.

3.2. These Terms apply to the exclusion of any other terms that You may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

3.3. Bookings may only be made by a person aged 18 or above. There must be at least one person aged 18 or above staying in the Accommodation at all times.

3.4. The individual making the booking must be authorised to do so on behalf of the Customer and all Guests under the booking.

3.5. After You make an enquiry, You will receive an acknowledgement from Us. This does not constitute acceptance of Your booking. Acceptance occurs only when the Host confirms availability and We issue a Booking Confirmation, at which point the Agreement between You and the Host comes into existence. By making a booking, proceeding with payment, or occupying the Accommodation, You confirm that You have read, understood and agree to be bound by these Terms in full. A formal signature is not required for these Terms to be binding.

3.6. Please check Your Booking Confirmation carefully upon receipt. Contact Us immediately if any information appears incorrect or incomplete, as it may not be possible to make changes later.

3.7. Bookings may be made for any period from one week to eighteen months. Whether a booking is accepted is entirely at the Host's discretion.

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

3.9. You shall use all reasonable endeavours to provide Us with accurate and complete information when making a booking.

4. Guests

4.1. As the person making the booking, You are responsible for the actions, behaviour and conduct of all Guests at all times.

4.2. No additional Guests beyond those included in Your booking shall be permitted unless agreed by Us in advance. Additional Guests may be subject to separate charges at Our discretion.

4.3. We may undertake identity verification checks on You and Your Guests from time to time. You are responsible for obtaining the consent of Your Guests before providing Us with their personal data.

4.4. You may not re-sell, sub-let, or re-assign Your booking to any other person or organisation except with the express written authority of Overnightly.

5. Payment

5.1. The total price for Your stay will be presented to You before You confirm Your booking. Pricing is dynamic and may vary over time; this does not entitle Overnightly or the Host to require additional payment where the price increases after booking, nor does it entitle You to a discount if the price decreases.

5.2. All payments shall be made by bank transfer or such other method as We may agree at Our sole discretion.

5.3. For bookings of one month or less, full payment (including any Security Deposit) is due in accordance with the payment schedule on Your invoice and must be received no later than 7 days prior to the start of the relevant payment period, and in any event prior to check-in.

5.4. For bookings exceeding one month, payments are due monthly, with each instalment payable 7 days prior to the start of the relevant payment period, or immediately if the booking is made fewer than 7 days before check-in.

5.5. You will receive an invoice from Us, issued on behalf of the Host, for all payments due. Overnightly will collect payment for Your booking and will charge the Host a management fee in respect of each booking.

5.6. Where payment is not made in full by the due date, the Host reserves the right to cancel Your booking without notice. Check-in information will not be released to You, and You shall be liable for any cancellation fees or additional charges in accordance with clause 6.

5.7. If You fail to make any payment due under this Agreement by the due date, You shall pay interest on the overdue amount from the due date until payment, accruing daily at 4% per annum above the Bank of England base rate (or 4% per annum if the base rate is below 0%).

5.8. You shall, in addition, pay to Us any reasonable fees, costs or expenses of collection incurred by Us in respect of any overdue sums.

6. Cancellation

6.1. The cancellation policy communicated to You as part of Your booking shall take effect immediately upon Booking Confirmation.

6.2. Both Overnightly (on behalf of the Host) 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.

6.3. If You cancel within 14 days of the first day of Your booking, the Host reserves the right to retain the full amount paid. Any refund in such circumstances will be at the Host's sole discretion, unless the Host is able to re-let the Accommodation, in which case the Host shall refund Your booking cost less any shortfall where the replacement booking is of lesser value.

6.4. The Host reserves the right to cancel bookings within 14 days of the first day of the reservation where necessary due to reasons outside of the Host's reasonable control, or in the event of an overbooking due to delays or errors within the booking system. In such circumstances, You will receive a full refund within 7 working days.

6.5. All cancellation requests must be submitted to Us by email or telephone. No other cancellation requests shall be accepted. Once We receive a cancellation request, We will email You details of any applicable cancellation fees. The cancellation will only be effective once You confirm acceptance in writing.

6.6. You shall be liable for any additional charges in the event of cancellation or no-show in accordance with the Host's cancellation policy.

6.7. Where a refund is due to You, We will endeavour to process such refund within 7 working days from the effective date of cancellation, subject to receipt of funds from the Host. The refund liability is the Host's; We act only as a processor in administering this.

7. Your Stay

7.1. Check-in and check-out times shall be detailed in Your Booking Confirmation unless expressly agreed otherwise by the Host. The Host may charge an additional fee for early check-in or late check-out.

7.2. Information on access arrangements and check-in procedures will be provided separately.

7.3. You and Your Guests shall comply with any Host Conditions of Stay, house rules and reasonable instructions provided by the Host or Overnightly.

7.4. You and Your Guests shall treat the Accommodation and its contents with reasonable care and shall not cause any damage, nuisance or annoyance to the Host, neighbouring properties or occupants.

7.5. Security of the Accommodation. You and Your Guests are responsible for the security of the Accommodation at all times during Your stay. This includes, but is not limited to, ensuring that all doors, windows and other access points are properly locked and secured when the Accommodation is unoccupied and when retiring for the night. You shall use any security systems, key safes or access controls provided in accordance with the instructions given. Where loss, theft or damage to the Accommodation or its contents occurs as a result of, or is contributed to by, a failure by You or Your Guests to adequately secure the Accommodation, You shall be liable for the full cost of such loss, theft or damage, and neither Overnightly nor the Host shall be required to make any claim on their own insurance in respect of the same.

7.6. You and Your Guests shall not use the Accommodation for any unlawful purpose.

7.7. You agree that all correspondence concerning the Accommodation and Your stay shall be communicated directly to Us at all times, and not directly to the Host, unless We instruct You otherwise.

8. Security Deposit

8.1. We may require a Security Deposit as a condition of Your booking. The amount of the Security Deposit shall be notified to You prior to booking and will be added to Your first invoice.

8.2. For first-time bookings, a minimum Security Deposit of £500.00 shall be required, with the option of requesting a higher amount at Our sole discretion.

8.3. For existing Customers where We hold less than £500.00 as a Security Deposit, an additional payment may be required to bring the total deposit to at least £500.00.

8.4. The Security Deposit will be held for a period of 7 days following the agreed check-out date, or longer if there is a report of loss or damage to the Accommodation in accordance with clause 9.

8.5. If You have no further accommodation requirements and wish for the Security Deposit to be returned, You should notify Us no earlier than 48 hours after Your last check-out. Provided that there are no outstanding damage claims, unpaid fees or permitted deductions, the deposit shall be returned to You within 7 business days.

8.6. Where verified loss, damage or unpaid charges exceed the amount of the Security Deposit, You shall remain liable for the deficit.

9. Damage, Loss and Liability

9.1. You shall be liable to the Host for any and all loss or damage of whatever nature (whether accidental, malicious or otherwise) to the Accommodation or its contents caused by You or Your Guests. This includes, without limitation, any loss, theft or damage to the Accommodation or its contents that arises from or is contributed to by Your or Your Guests' negligence, including a failure to secure the Accommodation in accordance with clause 7.5.

9.2. For the avoidance of doubt, where items are stolen from the Accommodation during Your stay and the Accommodation was not adequately secured by You or Your Guests at the time of the theft, You shall be deemed responsible for such loss regardless of whether the theft was carried out by You, Your Guests, or a third party.

9.3. Hosts are required to report any loss or damage within 48 hours of the agreed check-out date. Where any such loss or damage is notified to Us, We will verify it with the Host.

9.4. All verified loss and damage, together with Our reasonable costs and expenses in dealing with the same, will be invoiced to You. You shall pay such invoice within 7 days of the date of issue. Where You fail to do so, without prejudice to Our other rights and remedies, We may deduct the amount from any Security Deposit held.

9.5. You are obliged to notify Us in writing within 24 hours of any loss or damage occurring during Your stay, providing sufficient detail and evidence (including photographic evidence of the condition of the Accommodation on arrival) to enable Us to assess the matter and to avoid future uncertainty regarding the cause of any damage.

9.6. If You or Your Guests are victims of a criminal offence (including but not limited to theft or damage to property), You must report this to the Police and obtain a crime reference number.

10. Anti-Circumvention

10.1. You shall not circumvent Overnightly in any manner that may directly or indirectly affect Our commercial interests.

10.2. You agree not to contact, initiate contact with, or attempt to conduct business with any Host, their employees, agents or related parties introduced by Us, for the purpose of arranging accommodation or any related services, without Our specific written approval.

10.3. Where such approval is given, it shall be given in writing at Our sole discretion on a case-by-case basis.

10.4. This restriction applies for a period of 12 months from the later of: (a) the last check-out date under any booking facilitated by Us, or (b) the date of deregistration from Our platform.

10.5. This restriction applies not only to bookings, but extends to any prospective business opportunity, contact or information directly introduced or disclosed to You by Us.

10.6. If circumvention occurs, You shall pay to Us a fee equal to the commission or fees We would have earned in connection with such transaction, plus any costs, losses or expenses We reasonably incur in enforcement.

11. Complaints and Disputes

11.1. If You have a query or complaint regarding a Host or Accommodation, please contact Us at stay@overnightly.com. We will endeavour to respond and mediate, however We shall not be liable or responsible for the outcome.

11.2. If You vacate the Accommodation early due to any issues without informing Us or allowing Us to assess the situation, We may not be able to assist You in obtaining a refund from the Host.

11.3. Any complaints about the Accommodation, including notifications of loss or damage, must be reported to Us within 24 hours of check-in or, if later, within 24 hours of any issue occurring.

11.4. If Your check-in is delayed, You must inform Us of Your revised check-in date.

12. Limitation of Liability

12.1. Nothing in this Agreement limits Our or the Host's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of terms implied by section 2 of the Supply of Goods and Services Act 1982, or any other liability which cannot be limited or excluded by law.

12.2. Subject to clause 12.1, to the extent permitted by applicable law:

• (a) We will only be liable to You for damages, costs, losses or expenses incurred as a direct result of Our failure to perform Our services under this Agreement;
• (b) We will not be liable for indirect or consequential loss, loss of profits, loss of business, loss of goodwill, loss of opportunity or loss of savings;
• (c) We will not be liable for any loss or damage which We could not reasonably have foreseen based on the information provided to Us at the time of booking;
• (d) Our total liability, and that of any Host, whether arising from one event or a series of connected events, shall not exceed the total cost of Your booking as set out in Your Booking Confirmation.

12.3. We will not be responsible for any injury, illness, death, loss, damage, expense or other claim which results from the provision of, booking of, travel to and from, or stay in the Host's Accommodation.

12.4. Whilst We endeavour to ensure that all Accommodation and services are as described, We shall not be liable where they are not. We take no responsibility for false or misleading information provided by the Host or any third party.

12.5. It is Your responsibility to conduct Your own due diligence in relation to the location, safety, security and travel links of the Accommodation.

13. Force Majeure

13.1. Neither party shall be in breach of this Agreement nor liable for any delay or failure to perform its obligations where such delay or failure results from events, circumstances or causes beyond its reasonable control, including (without limitation) war, terrorism, pandemic, epidemic, government action, natural disaster, adverse weather, fire, industrial dispute or civil disturbance.

13.2. The affected party shall promptly notify the other party and provide reasonable evidence of the force majeure event. Where any such event affects Your booking, the Host Conditions of Stay shall take precedence.

14. Data Protection and Privacy

14.1. We will only collect and process personal data of Customers and Guests in accordance with Our Privacy Policy and in compliance with the Data Protection Act 2018 and the UK GDPR.

14.2. You are responsible for obtaining the consent of Your Guests before providing Us with their personal data.

14.3. We may undertake identity verification and, where applicable, credit checks using third-party providers. Such providers may require You to agree to their own terms.

15. General Provisions

15.1. This Agreement constitutes the entire agreement between You and Us in relation to its subject matter. You acknowledge that You have not relied on any statement, promise, representation or warranty not set out in this Agreement.

15.2. We may assign or transfer any or all of Our rights under this Agreement at any time. You shall not assign, transfer, subcontract or deal in any other manner with any of Your rights or obligations under this Agreement without Our prior written consent.

15.3. We reserve the right to stop You from making bookings with Us at any time where We have good reason to do so.

15.4. If You are placing a booking from any country listed on the FATF lists of jurisdictions under increased monitoring or high-risk jurisdictions, this must be declared prior to confirmation of a booking.

15.5. If You abuse or harass Our staff, We reserve the right to terminate this Agreement immediately. In such circumstances, You may forfeit any Security Deposit held. We also reserve the right to prevent You from using Our platform in the future.

15.6. We may monitor and record calls for training and quality purposes.

15.7. Amendments to These Terms. We reserve the right to amend, update or replace these Terms from time to time. Where We make material changes, We will provide You with no less than 30 days' written notice (by email to the address associated with Your account or via the Overnightly website) before the amended Terms take effect. The notice will summarise the key changes being made. If You make a new booking or continue to use Our services after the amended Terms take effect, You will be deemed to have accepted the amended Terms. If You do not agree to the amended Terms, You may notify Us in writing before the effective date and Your existing bookings will continue to be governed by the Terms in force at the time those bookings were confirmed. The current version of these Terms, including the date of last update, will always be available on Our website at www.overnightly.com.

15.8. If any provision of this Agreement is held to be invalid or unenforceable, it shall be severed from the Agreement and the remaining provisions shall continue in full force and effect.

15.9. A failure by Us to exercise or delay in exercising any right under this Agreement shall not constitute a waiver of that right.

15.10. This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales.