Terms of Service and Conditions for Booking
The Services offered by NestApart (as defined below) can only be used by Customers who have first read these General Terms and Conditions and accepted them unconditionally by clicking on the appropriate box provided for the purpose. It is not possible to proceed with the booking process without this acceptance. Customers undertake to fulfil the obligations contained within these terms and conditions. The agreement between Customers and NestApart comes into force as soon as NestApart provides written confirmation of a booking to Customers by email.
Article 1. Definitions and scope
The following definitions have the same meaning whether they are singular or plural.
'Customer' means a customer who reserves and/or books one or more Services offered on the Website.
'Destination Service' means the offering of tickets to events or tourist attractions at travel destinations, such as concerts or guided tours.
'NestApart' means NestApart, Inc. and/or NestApart GLOBAL Access Club and/or NestApart Business Travel Club and/or NestApart Travel.
'NestApart, Inc.' means NestApart, Inc, whose registered office is at 6464 Hollister Ave, Goleta, Ca. 93117, USA.
'Terms of Service and Conditions for Booking' means these general terms and conditions for booking and use, as amended from time to time.
'Rules and Restrictions' means the terms and conditions applicable to the Suppliers with whom the Customer has concluded a separate contract (such as airlines’ Conditions of Carriage).
'Service' means a service offered on the Website, such as the booking of transport services, accommodation services, car hire services, Destination Services, insurance and Flight bookings and package trips.
'Supplier' means a supplier of Services, such as an airline, gym, office, hotel, apartment, tour operator(including NestApart Travel), car hire company, insurance provider or Destination Service supplier.
'Website' means the www.nestapart.com website.
These General Terms and Conditions apply to offering and providing of the Services by NestApart, Inc. NestApart, Inc. operates the Website which acts as an interface between the Customer and the various Suppliers offering the Services, including NestApart Travel.
These General Terms and Conditions are subject to the Suppliers' Rules and Restrictions which are made available to the Customer before any booking is completed and which the Customer also accepts at the moment that a booking is actually placed. It is the Customer's responsibility to familiarise himself/herself with the Suppliers' Rules and Restrictions. The Rules and Restrictions of Suppliers of air transport services are made available prior to making a booking and the specific terms of the relevant Supplier can be re-viewed here. Specific Accommodation Supplier Rules and Restrictions are provided prior to making a booking.
The General Terms and Conditions can be changed by NestApart, Inc. at any time without prior notice, although such changes will not apply to bookings that have already been accepted by NestApart, Inc. on behalf of the Supplier(s) concerned. It is therefore essential that the Customer reads, saves and/or prints a copy of the General Terms and Conditions at the time the booking is placed, in order to be aware of the provisions in force.
Article 2. Booking via the Website
2.1. The Customer's legal authority
The Customer is responsible for his / her activities on the Website (financially or otherwise), including the possible use of his / her user name and password. The Customer guarantees that the information entered by him / her on the Website in relation to him / her and, if applicable, his / her travelling companions is accurate.
Any use of the Website that is fraudulent or is in conflict with these General Terms and Conditions shall be reason for refusing the Customer access to the Services offered by NestApart and the Suppliers or to the other functionalities of the Website.
2.2. Confirming and cancelling orders (Subject to Sections 3.5 and 3.6 where applicable)
Confirmation of a booking, which includes the essential elements such as the description of the Service(s) booked and the price, will be sent to the Customer by e-mail. If the Customer does not receive a confirmation e-mail within 24 hours of placing the booking, he / she should contact Customer Services at firstname.lastname@example.org.
It is expressly agreed that the data stored in the information systems of NestApart, Inc. and / or its Suppliers shall constitute proof with respect to the bookings made by the Customer. Data stored in computers or electronic media are valid proof, and shall therefore be acceptable under the same conditions and with the same evidential value as a physical written document.
Cancellations can be made either online at www.nestapart.com or by email at email@example.com. All such requests will be dealt with on behalf of the Suppliers concerned.
In the event of cancellation or partial cancellation of a booking by the Customer, compensation may be required from the Customer to cover the costs of the travel arrangements already made. In addition to this, charges may be imposed by the applicable Suppliers. Where a cancellation affects more than one person on the booking, any applicable cancellation charge will be applied in respect of each person on the booking. In some cases, compensation for cancellation payable to the applicable Suppliers can amount to the full value of travel booked, so that no reimbursement to the Customer is made. Partial cancellation, i.e. cancellation of a particular arrangement, without losing the value of the particular arrangement may not be possible.
A Fee may be imposed by the applicable Supplier in the event of a cancellation or change to a booking – please refer to the Rules and Restrictions notified in the booking process for more details.
If the Customer does not present himself / herself at the departure of the trip, refunds will only be due to the Customer in line with the Rules and Restrictions of the applicable Suppliers as notified in the booking process.
We reserve the right to cancel your booking if full payment is not received in a timely fashion.
2.2.3 Change of booking
If after making the booking the Customer wants to change the trip with respect to the date of travel, the destination, the place where the trip starts, the accommodation or the means of transport, the Customer should email firstname.lastname@example.org. A fee may be imposed by the applicable Supplier in the event of a change to a booking – please refer to the Rules and Restrictions notified in the booking process for more details. In order to change a Customer booking, NestApart, Inc. will normally need to cancel the original booking which may incur compensation and/or charges imposed by the Suppliers up to the full value of travel booked and Customers will need to pay for the cost of a new booking.
In the event of a refund to the Customer after the above deductions, the relevant amounts will be transferred back by the party that took the original payment (such as NestApart, Inc, a Supplier, or such other party as may appear on Customer's credit card or bank statement) to the payment card used to make the original booking. Any booking charges applied will not be eligible for reimbursement. Customers should note that refund of flight bookings may take up to 6 months.
2.3. Travel documents
The travel documents provided for a Service ordered through the Website will be sent to the e-mail address given by the Customer when making his / her reservation.
Article 3. Specific Services
NestApart, Inc. operates the Website, which acts as an interface between the Customer and the Suppliers with respect to offering and supplying all Services.
The purpose of this Article is to provide details of the terms and conditions of use of the Services provided by the Suppliers for the Customer's information. These details are not exhaustive and do not replace the Suppliers' Rules and Restrictions. In the event of any conflict or inconsistency between the General Terms and Conditions and the Rules and Restrictions, the Rules and Restrictions will prevail. The Rules and Restrictions of Suppliers are made available prior to making a booking.
Except in the case of regulatory requirements to the contrary, these details do not give rise to any obligation or liability on the part of NestApart, Inc.
3.1. Air Transport Services
Air transport services may be offered separately or as part of a package and are subject to the Rules and Restrictions (including conditions of carriage, fare rules and restrictions) of the Supplier. The Rules and Restrictions may include restrictions on and/or charges for cancellation and changes. The Rules and Restrictions of Suppliers of air transport services are made available prior to making a booking and the specific terms of the relevant Supplier can be re-viewed here.
Any money paid to an authorised agent (for the purpose of the Air Travel Organisers Licensing Regulations 2012) of NestApart in respect of a Flight or a NestApart flight-inclusive Package trip is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent's obligation to pay it to NestApart for so long as NestApart do not fail financially. If NestApart do fail financially, any money held at that time by the agent or subsequently accepted from the Customer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to NestApart.
If NestApart receives payment from the Customer for a booking of air transport services, NestApart acts as agent of the Supplier of the relevant air transport services. This means the Customer’s contract for the air transport services is between the customer and the Supplier of the relevant air transport services. The Rules and Restrictions of Suppliers of air transport services can be re-viewed here.
3.1.1. Air transport terms and conditions
The Customer is responsible for complying with the instructions of the airline and/or tour operator, in particular with respect to flight check-in times. In particular, the Customer acknowledges and agrees that:
NestApart, has no control over the allocation of seats on any air transport, even if pre-booked with the airline, and does not guarantee that specific seats will be available on departure.
NestApart, has no control over any indications of the hours spent flying which are provided by the Supplier of the relevant air transport and are given for guidance only and are subject to alteration and confirmation. It is the Customer's responsibility to confirm his / her return flight in accordance with the requirements of the Supplier of the relevant air transport. If Customer books a return journey and does not use the outward flight, the airline may cancel the return flight without refund. This also applies if the return flight is not taken and insofar as the travel is not taken at all. The Customer must use flight coupons in sequence.
In the case of special or charter flights, the name of the airline, the flight schedule, the aircraft type, the itinerary and possible intermediate stops are only given as an indication of the outward and return flights in the trip. In accordance with a Supplier's Rules and Restrictions, these flights, aircraft types and flight numbers can be subject to change, and can be moved by up to 24 hours, even after confirmation.
Additional charges may be imposed by some airlines for meals, luggage, preferred seat selection, etc. NestApart is not responsible for such charges and information on charges shown on the Website are for information only and may be amended by airlines at any time.
The Customer must comply with all air transport Supplier's Rules and Restrictions on the carriage of pregnant women.
The Customer must comply with the air transport Supplier's Rules and Restrictions on the carriage of children and in particular that children older than 2 years on the return date must have a return ticket at a child fare for both the outbound and inbound flights. Customers who do not comply with this will not be eligible for a refund of any seat charges incurred during travel. Children under 2 years will be allocated their own seat in the aircraft, unless a child fare has been booked for them. Unaccompanied children under 14 will only be carried in accordance with the air transport Supplier's Rules and Restrictions.
3.1.2 Combined one-way tickets.
NestApart, Inc. may offer Customers the opportunity to book a combination of two one-way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines.
Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a Customer to make changes to the other flight, the Customer will be responsible for any fees incurred for making changes to the unaffected flight.
3.1.3. Administrative and / or health regulations
International Travel: you are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. NestApart has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Online medical advice for travellers can be found at the Department of Health's website currently located at http://www.doh.gov.uk. Otherwise, for medical advice regarding your journey, please contact your doctor.
A valid 10-year passport is necessary for all international trips offered on the Website. Some overseas countries have an immigration requirement that a Customer's passport is valid for a minimum period after the Customer enters that country, typically 6 months. If a Customer's passport is in its final year of validity, the Customer is advised to confirm the requirements of the destination before making final travel plans. The name on the passport must match the name on the ticket, otherwise the Customer may not be able to travel and insurance may be invalid. If, after booking a trip but before travelling, any member of the Customer's party changes their name, e.g. as a result of getting married, Customer must notify Customer Services by email to email@example.com
Please note: It can often take some time to obtain a visa, so Customers are advised to apply in plenty of time. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. NestApart, Inc. urges passengers to review any travel prohibitions, warnings, announcements and advisories issued by The Foreign and Commonwealth Office Travel Advice Unit prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found from the following sources: (a) http://www.fco.gov.uk/en/travelling-and-living-overseas/ (b) Foreign and Commonwealth Office Travel Advice Service on 0845 850 2829 (24hrs, 7 days a week) (BT - 4p per min. Other networks vary) (c) TravelAdvicePublicEnquiries@fco.gov.uk
BY OFFERING TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, NestApart DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK.
All travellers wishing to enter or transit through the USA under the Visa Waiver Program (VWP) must apply for authorisation to travel using the Electronic System for Travel Authorisation (ESTA). Please allow sufficient time when making an ESTA application. It is recommended that such an application is made at least 72 hours before departure. For further information please visit the US Department of Homeland Security's website at https://esta.cbp.dhs.gov
A number of governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft. The data will be collected either at the airport when a Customer checks in or in some circumstances when the Customer makes his/her booking. Accordingly, the Customer is advised to allow extra time to check in for his/her flight.
The Customer is reminded that an airlines' liability for death, personal injury and other damages is normally limited by national law, by an international air transport treaty, or by the airline's own Rules and Restrictions including their conditions of carriage.
3.1.6. Electronic ticket
An electronic ticket is a ticket with no physical form. When using this type of ticket, the Customer must go to the check-in desk of the airline concerned and show a valid travel document (passport, visa, identity card, etc.) in order to obtain his / her boarding card. The Customer must strictly observe the times for checking in.
3.1.7. No replacement passengers
Replacement passengers for flights may not be put forward.
3.1.8. Operating airlines
Customers are advised that in some cases flights booked with one airline may be operated by another airline – details of the operating airline, where different, are indicated on the Website. The operating airline will charge the Customer for the flight and will appear as the merchant on the Customer's credit card or bank statement. Payment may also be charged by other Suppliers for the Services booked however the total amount charged will not exceed the total price of the Services.
3.1.9. Denied Boarding Compensation
If an airline cancels or delays a flight, is unable to provide previously confirmed space, fails to stop at a Customer's stop-over or destination point, or causes a Customer to miss a connecting flight on which a Customer holds a reservation, the Customer may be entitled to certain remedies from the airline.
3.2. Accommodation Services
Accommodation may be offered separately or as part of a package trip or Flight. The Services are subject to the Rules and Restrictions of the Suppliers offering the accommodation which will be made available before booking. The Rules and Restrictions may include restrictions on and/or charges for cancellation and/or changes imposed by the Suppliers.
Subject to section 3.2.6 and 3.2.7., hotel or apartment bookings and NestApart apartment bookings will require that a Customer's credit card is charged for the full payment upon reservation. Prices shown on the Website do not include any fees or charges for optional supplements, including minibar snacks or telephone calls.
If a Customer does not show for the first night of the reservation and plans to check-in for subsequent nights in the reservation, the Customer must confirm the reservation changes with NestApart no later than the original date of check-in to prevent cancellation of the whole reservation. If the Customer does not confirm the reservation changes with NestApart the whole reservation may be cancelled and refunds will only be due to the Customer in line with the Rules and Restrictions of the applicable Supplier as notified in the booking process.
Any Customer who does not cancel or change their reservation before the cancellation policy period applicable to NestApart in the reservation details prior to the date of arrival will be subject to the charges shown in the Rules and Restrictions for the hotel or apartment reservation. Customers should note that some hotel or apartments do not permit changes to or cancellations of reservations after they are made and these restrictions are shown in the Rules and Restrictions for the hotel or apartment reservation.
3.2.1. Use of rooms
The Customer is reminded that, in general, rooms are only available from 15:00 and have to be vacated by 11:00, irrespective of the time of arrival or departure or the means of transport used.
The indication of the comfort level given to hotel or apartments in the descriptions on the Website corresponds to a classification based on local standards in that country, which can differ from standards in the United States or United Kingdom. This classification is provided only as an indication. Customers should be aware that standards can vary between hotel or apartments of the same class in different countries, and even in the same country. It is important to read carefully the individual hotel or apartment descriptions. Accommodation in all hotel or apartments, whatever the rating, is in standard rooms unless otherwise stated.
It is possible that, from time to time, for technical reasons (for example a hotel or apartment is overbooked due to connectivity issues with the hotel or apartment) for reasons of force majeure (for example hotel or apartment is closed due to a hurricane) or because of the actions of a third party (for example the room booked is unavailable due to hotel or apartment maintenance issues), a hotel or apartment booking is cancelled or amended. Should such events occur, NestApart will make all reasonable efforts to notify the Customer of this as soon as possible and where possible will offer alternative accommodation in a hotel or apartment in at least the same star classification with similar services. If this offer is not taken by the Customer, NestApart will ensure that all monies paid in respect of the hotel or apartment booking are refunded. If appropriate, for example where a technical issue on the part of NestApart has caused a booking to be cancelled or amended and such cancellation or amendment directly causes loss to the Customer, NestApart will also pay reasonable compensation to the Customer.
It is possible that, from time to time particular activities offered by the Suppliers that are shown in the description of the accommodation on the Website are cancelled, for example as a result of weather conditions or force majeure, during out-of-season stays, or if the required number of participants for the activity is not achieved.
If meals are part of an accommodation package, the number of meals depends on the number of overnight stays. Full board normally includes breakfast, lunch and dinner. Half board normally includes breakfast and either lunch or dinner, depending on the package. Accommodation which includes main meals generally commence with dinner on the day of arrival at the hotel or apartment and terminate with breakfast (on half board) or lunch (on full board) on the day of departure. If one or more meals cannot be taken, no refunds will be made.
The Customer is reminded that, unless specified otherwise on the Website, drinks are not included with meals. If drinking water is not available, the Customer will bear the cost of buying it himself / herself.
Parents are advised to bring special food for their baby with them, as this is not always available locally.
The local authorities in certain countries may impose additional taxes (tourist tax, etc), which have to be paid locally. The Customer is exclusively responsible for paying such additional taxes. The amount of taxes can change between booking and stay dates. In the event that taxes have increased as at your stay date, you will be liable to pay taxes at the new higher rate.
3.3. Car hire
Car hire services are offered separately or as part of a package trip or Flight (see 3.1.11 above). These Services are subject to the Rules and Restrictions of the car rental companies.
For reservations of "Supplier Special Rate" offerings, the Supplier will provide the use of the car directly to Customers and NestApart acts merely as an intermediary in the transaction. NestApart, acting on behalf of the Supplier will collect the price of the car hire from Customers. However the amount payable by Customers may not be the full contractual price for this rental; NestApart may in its discretion make a contribution on behalf of a Customer to the rates payable for booking car hire. In these cases the rates displayed on the Website reflect the total price less any contribution by NestApart and show the amount payable by Customers. In the event of any permitted refund, Customers shall not be entitled to a refund of more than the amount actually paid by them.
3.3.1. Method of payment
The Customer making the booking must present a credit card when collecting the vehicle. Debit cards are not accepted and the Customer must check which credit cards are accepted by the Supplier.
The Supplier may submit an authorisation request to the credit card company during the period of car hire by way of a deposit. The Customer must therefore contact his / her credit card company to ensure the payment card limit is suitable for this purpose.
If the Customer does not comply with the terms set out above, the Supplier will not make the vehicle available and the full price of car hire will be charged.
Additional charges may be payable locally such as refuelling, additional driver charges, young driver surcharge and delivery and collection fees. The Customer acknowledges that in no event shall NestApart, Inc. and/or Suppliers including NestApart Travel be liable for such additional charges as detailed or otherwise.
An excess amount may be applicable in the event of theft or damage to the hire car. This will vary depending on the Supplier and country of rental. Purchase of an optional insurance locally (called super CDW or super TP) will remove/reduce the excess applicable. The Customer acknowledges that in no event shall NestApart, Inc. and/or Suppliers including NestApart Travel be liable for such excess or provision of additional insurance as detailed or otherwise.
Petrol is not usually included in the hire tariff. For the hire of vehicles in certain countries, such as the United States of America, certain Suppliers automatically add charges for filling the fuel tank when the vehicle is returned. In addition, certain Suppliers charge a supplement if snow tyres are used.
Unless agreed otherwise, the Customer must return the vehicle to the branch of the Supplier from which it was collected. If the Customer does not comply with this, the Suppliers may charge a one-way supplement.
Child seats are available on request and are payable locally.
3.3.3. Collection/use of the vehicle
Drivers must usually be aged between 21 and 65 although this can vary between Suppliers and from country to country. It is the Customer's responsibility to check this with the Supplier. Additional charges may also apply if any driver is aged below 30.
All drivers must produce a full valid driving licence for the category of vehicle rented when taking delivery of the hire car. The driving licence must be held for at least one year (although again this may vary between Suppliers as well as from country to country) and an international driving licence may be required. Customers should check the Rules and Restrictions of the Supplier offering the car-hire for details of all applicable criteria for booking car-hire.
The Customer is reminded that some Suppliers do not permit the rented vehicle to be used outside the country in which it has been rented.
No refunds shall be given in relation to non-utilised rental days.
3.4. Destination Services
Destination Services may be offered separately or as part of a package trip. These Services are subject to the Rules and Restrictions of the Suppliers offering the local activities and are not usually transferable, nor eligible for refunds or changes (unless cancelled by the Supplier).
It is possible that, occasionally, Services offered by the Suppliers that are shown in the description on the Website are cancelled for reasons such as weather conditions, force majeure, out-of-season stays, or if the required number of participants for the activity is not achieved. Customers are referred to the applicable Supplier's Rules and Restrictions in relation to refunds in such circumstances.
3.5. Package trips
Package trips are provided by Suppliers such as NestApart Travel and are subject to the Rules and Restrictions of the providers of the trips. Customers must read these Rules and Restrictions before booking.
A package trip is a trip, for a single price, with a stay of longer than 24 hours (or including an overnight stay), in which at least two of the following three elements are offered.
- transport; - accommodation; - a tourist service that does not form part of the transport or accommodation, but is a significant part of the total price. The sale of package trips is governed by the Package Travel, Package trips and Package Tours Regulations 1992. These provisions are supplemented by the following conditions.
Acceptance by the Supplier of reservations made by the Customer will depend on availability of the package trips. Suppliers do not have to give reasons for refusing to accept a reservation.
Acceptance by the Supplier is formalised by sending a confirmation of reservation by e-mail within ten days of a booking being placed by the Customer. No amount will be charged to the Customer until the time of confirmation by the Supplier(s) of the availability of the service.
The trip descriptions on the Website specify the Services included in the price for each trip. Prices are shown in GBP.
The Customer should be aware that the local authorities in certain countries can impose additional taxes (tourist tax, etc), which have to be paid locally. The Customer is exclusively responsible for paying such additional taxes.
Unless expressly stated otherwise, prices do not include insurance, airline services, excess baggage charges, transport from the airport to the accommodation, visa and vaccination charges or any personal expenses (laundry, telephone, drinks, room service, tips, etc.), nor excursions or the use of sports facilities, nor any more general costs that are not expressly included in the confirmation of reservation.
The prices shown on the Website and NestApart Mobile Application can be changed at any time without prior notice. Such changes do not apply to reservations already accepted, unless the changes were made more than 30 days before the intended departure date as a result of fluctuations in transportation costs, fuel costs, dues, taxes, fees such as landing taxes or embarkation/disembarkation fees at ports/airports and exchange rates. Supplier will absorb - and the Customer will not be charged for - any increase equivalent to 2% of the price of the total travel arrangements, excluding insurance premiums. The Customer will be charged for the amount over and above this. If this means the Customer has to pay an increase of more than 10% of the price of the total travel arrangements, the Customer will have the option of accepting an alternative trip if Supplier is able to offer one (if this is of equivalent or higher quality the Customer will not have to pay more but if it is of lower quality the difference in price will be refunded), or cancelling and receiving a full refund of monies paid.
If NestApart, Inc. and/or Supplier becomes aware of or is notified of any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and the Customer shall be liable for all the expenses arising from such cancellation, without prejudice to any action that might be taken against him / her.
3.5.3. Cancellation and change by the Customer
Requests by the Customer for cancelling or changing a trip must be submitted online at www.nestapart.com or by sending an email to firstname.lastname@example.org. Such requests will be dealt with on behalf of the Suppliers concerned.
In the event of cancellation of the package trip booking by the Customer, NestApart, Inc. and Supplier can require compensation to cover the costs of the travel arrangements already made. In addition to this, a standard cancellation charge may be made by the Suppliers of each element of the package trip in respect of each cancellation. Where a cancellation affects more than one person on the booking a cancellation charge will be applied in respect of each person on the booking. In some cases compensation can amount to the full value of travel booked, so that no reimbursement to the Customer is made. Partial cancellation, i.e. cancellation of a particular arrangement, may not be possible.
If the Customer does not present himself / herself at the departure of the trip and/or fails to use some or all of the Services booked, refunds will only be awarded to the Customer in line with the Rules and Restrictions of the applicable Suppliers as notified in the booking process. The Rules and Restrictions of Suppliers of air transport services are made available prior to making a booking and can be re-viewed here. Specific Accommodation Supplier Rules and Restrictions are provided prior to making a booking.
220.127.116.11 Effects of Cancellation
Please note that packages are subject to the Rules and Restrictions of the Supplier and separate cancellation charges imposed by the Supplier may apply.
18.104.22.168 Change of booking
If after making the booking a Customer wants to change the trip with respect to the date of travel, the destination, the place where the trip starts, the accommodation or the means of transport, the Customer should email email@example.com. Changes to a booking will normally involve cancelling the original booking which may incur compensation and/or charges imposed by the Suppliers up to the full value of travel booked and Customers will need to pay for the cost of a new booking.
22.214.171.124 Replacement of Participant
A registered participant in a trip can be replaced by a third party if NestApart is informed of this at least 15 days before the start of a trip. However, NestApart can object to the change of traveller if the traveller does not comply with the Supplier's Rules and Restrictions or their participation is in conflict with legal regulations. If a replacement person enters into the contract, then the Customer, together with that replacement person, are jointly and severally responsible for the cost of the trip and any additional costs (including administration fee) arising from the inclusion of the third party and including any cost to NestApart for making the change.
3.5.4 Cancellation and change by NestApart Travel
NestApart Travel will inform Customers immediately of changes or differences to their travel arrangements. Changes or differences to the travel contract that become necessary after the contract has been concluded and are not brought about by NestApart Travel in bad faith are permitted insofar as the changes or differences are not significant and they do not affect the overall character of the trip booked. Flight time information cannot be considered binding. The same rights apply to the altered arrangements as applied in respect of the original arrangements.
126.96.36.199 Price Changes
If the time between booking and the agreed date of travel is greater than 30 days, NestApart Travel retains the right to change the prices agreed at the time of booking to reflect increases or decreases in transport costs (including fuel costs); payments for dues, taxes, fees such as landing taxes or embarkation or disembarkation fees at ports/airports; and change to the applicable exchange rates if the increase or decrease per person or per seat has an effect on the cost of the trip. NestApart Travel will absorb - and Customers will not be charged for - any increase of up to 2% of the price of the total travel arrangements, excluding insurance premiums and any amendment charges. Customers will be charged for the amount over and above this. If this means the Customer has to pay an increase of more than 10% of the price of the travel arrangements, the Customer will have the option of accepting an alternative trip if NestApart Travel are able to offer one (if this is of equivalent or superior quality the Customer will not have to pay more but if it is of lower quality the difference in price will be refunded), or cancelling and receiving a full refund of monies paid. Should the price of the trip decrease by more than 2% of the trip cost due to the changes mentioned above the Customer will receive any refund due.
There will be no price changes within 30 days of the date of travel.
188.8.131.52 Significant changes
In the case of a significant change to their trip, Customers have the right to cancel the travel contract and receive a refund of all monies paid, to take a replacement package of equivalent or superior quality at no additional cost to them (if NestApart Travel are able to offer them such a trip) or to take a replacement package of lower quality (again if NestApart Travel are able to offer them such a trip) in which case NestApart Travel will refund Customers the difference between the cost of their original package and their replacement package. Customers must exercise their rights as detailed in section 184.108.40.206 and 220.127.116.11 as soon as possible after NestApart Travel have informed them of a price increase or other significant change to their trip.
In the event that a significant change occurs, NestApart Travel will pay the Customer compensation as shown in the compensation table below, unless the change is as a result of situations outside NestApart Travel's control which neither NestApart and/or the Suppliers could foresee or forestall even with all due care. NestApart Travel considers the following to be examples of significant changes to the Customer's trip and will pay compensation dependant on the time before their departure that NestApart Travel notifies the Customer about the change:
- Change of accommodation to a hotel or apartment in the same area; - Change of flight departure time by more than 12 hours; - Change of departure airport to an airport in a different city; - Change in the length of the trip; - Change of departure date - Price increase of more than 10%.
In the event of more than one significant change to the Customer's trip NestApart Travel will only pay compensation in respect of a single change per full fare paying adult.
Time before departure date (days) Compensation ($) 60+ 0 , 60-42 10, 41-28 20, 27-15 30, 14-0 50
3.5.5 Changes by NestApart Travel: during travel
If, after the Customers' departure, a significant part of their pre-booked trip arrangements cannot be provided, Customers will be offered a suitable alternative if possible at no additional cost to them. If it is not possible to offer Customers a suitable alternative or Customers do not accept the alternative arrangements for good reason, NestApart Travel will return Customers to the place of their departure or to another location to which they agree. If appropriate, NestApart Travel will also pay compensation to Customers. The amount of compensation will be reasonable, taking account all the circumstances.
3.5.6 Supplier Rules and Restrictions
NestApart Travel works with Suppliers of travel products such as airlines and hotel or apartments, but does not control these Suppliers. The Services are subject to the Rules and Restrictions of the Suppliers offering the travel products. The Rules and Restrictions of Suppliers of air transport services and accommodation services are made available prior to making a booking.
3.5.7 Force Majeure
If an unforeseen force majeure event which could not have been avoided if all due care had been exercised impedes implementation of the trip to a major extent, endangers it or interferes with it, then either party can terminate the contract. Where NestApart Travel is the party affected by the force majeure, NestApart Travel will provide Customers with prompt assistance and take the necessary measures to bring Customers back to the place where their package started. Any additional costs of the return transport will be covered by NestApart Travel. Where Customers are the party affected by the force majeure, NestApart Travel will not be obliged to refund them any sum for services which have not yet been performed. Customers will also be responsible for paying any additional costs associated with getting back to the place where their package began.
3.5.8 Issues During Travel
18.104.22.168 Redress and obligation to co-operate
If the trip is not implemented in accordance with the contract, the Customer can ask for redress during the trip. The Customer's co-operation is necessary here. Customers are therefore obliged to do everything reasonable to resolve the fault. Customers must avoid damage where possible, or at least use all reasonable endeavours to limit it. Customers are obliged to report deficiencies in the trip. If the trip documents do not refer to a local representative, please contact NestApart Travel directly to report any problems. Quote in any case the trip number, the destination and the dates of travel.
Customer Service e-mail: firstname.lastname@example.org
NestApart Travel, or any relevant local representative, will use prompt efforts to find appropriate solutions to any reported problems.
Except as provided in the Package Travel, Package trips and Package Tours Regulations 1992, NestApart Travel will not be responsible for any issues arising as a result of circumstances that cannot be attributed to NestApart Travel.
3.5.9 NestApart Travel's Liability
Own performance. As a careful business, NestApart Travel is responsible for: preparation of the trip; careful selection and monitoring of Suppliers; accuracy of description of travel offerings displayed on the Website (insofar as NestApart Travel have not reported a change in the specifications before concluding the contract or where such changes are agreed with the Customer after the contract is concluded. NestApart Travel is not responsible for information not published by us, including information published in local, hotel or apartment or other brochures; implementation of the travel contract. Work for and by third parties. Unless required by The Package Travel, Package trips and Package Tours Regulations 1992 or other mandatory legal requirements, NestApart Travel is not responsible for shortcomings in arrangements brokered by parties other than NestApart Travel.
3.5.10 Limitation of Liability
Contractual limitation of liability.
NestApart Travel does not limit its liability for (i) loss caused by its fraud or fraudulent misrepresentation (ii) loss arising from death or personal injury caused by its negligence; or (iii) any other loss that may not be excluded or limited by applicable law. Otherwise NestApart Travel shall be liable only for losses which arise directly: (a) from its breach of a legal duty of care; or (b) are a result of its breach of these General Terms and Conditions, and that liability is at all times limited to a sum equivalent to three times the cost of the relevant travel product.
Limitation of third party liability
Claims against NestApart Travel for compensation are limited or excluded insofar as international treaties or other legal regulations that limit or exclude liability apply to the arrangements to be provided. Liability for air transport is governed by the applicable stipulations of international treaties including Warsaw, Montreal and The Hague Convention. These treaties limit the liability of the air carriers for death or causing physical injury (in respect of non-EU airlines only) as well as for the loss of or damage to baggage. Liability in the case of carriage by ship is also governed by the relevant legal or treaty stipulations.
3.5.11 Lapsing of Liability and Limitation Complaints Period
Claims based on implementation of the trip not being in accordance with the contract should be submitted within 30 days of the contractually-scheduled end of the trip. In that case, contact email@example.com. Claims should be made in writing, in Customer's own interest. The limitation period begins on the day on which the trip should end, based on the contract
3.6.1 Changes and Cancellations in the event of insolvency
a) The failure or insolvency of a provider will have the meaning prescribed in Regulation 23 of the Air Travel Organisers Licensing Regulations 2012. b) If, before the Customer's intended departure on a Flight NestApart become aware that any part of the Flight will not be provided because of the insolvency of any Supplier concerned with the provision of the arrangements making up a Flight, NestApart will provide the Customer with suitable alternative arrangements at no extra cost. If it is not reasonably possible to make such arrangements, NestApart will give the Customer a full refund of all monies paid to NestApart in respect of the Flight. c) If, after the Customer's intended departure on a Flight NestApart become aware that the flight arrangements will not be provided because of the insolvency of any Supplier concerned with the provision of the flight accommodation making up the Flight NestApart will provide the Customer with suitable alternative transport back to the place of departure or to another return point to which you have agreed. d) If, after the Customer's intended departure on a Flight NestApart become aware that the Customer's living accommodation or self-drive car hire will not be provided because of the insolvency of any Supplier concerned with the provision of the living accommodation or self-drive car hire making up the Flight, NestApart will provide the Customer with suitable alternative living accommodation or self-drive car hire at no extra cost. If it is not reasonably possible to make such arrangements, NestApart will give the Customer a full refund of all monies paid to NestApart in respect of all unused flight accommodation, living accommodation, self-drive car hire and other tourist services forming part of the Flight. e) Where suitable alternative arrangements are provided as set out in clauses p 3.1.11 b-d above, NestApart will where appropriate, pay the Customer reasonable compensation, to include any incidental expenses reasonably incurred by you and evidenced by receipts. Compensation will not be payable if living accommodation or self drive car hire is offered by NestApart us and accepted by you with a higher price than that originally booked and is supplied in the same location as originally booked where no additional payment is made by the Customer. (f) NestApart, or the Suppliers identified on the Customer’s ATOL Certificate, will provide the Customer with the Services listed on on the ATOL Certificate (or a suitable alternative). In some cases, where neither NestApart nor the Supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide the Customer with the Services they have bought or a suitable alternative (at no extra cost to the Customer). The Customer agrees to accept that in those circumstances the alternative ATOL holder will perform those obligations and the Customer agrees to pay any money outstanding to be paid by the Customer under their contract to that alternative ATOL holder. However, the Customer also agrees that in some cases it will not be possible to appoint an alternative ATOL holder, in which case the Customer will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
Article 4. General
4.1. Travel Destinations
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. NestApart, Inc. advises Customers to review any travel prohibitions, warnings, announcements and advisories issued by The Foreign and Commonwealth Travel Advice Unit and displayed on their website: www.fco.gov.uk/travel prior to booking travel to international destinations
By offering travel to particular international destinations, NestApart, Inc. does not represent or warrant that travel to such destinations is advisable or without risk, and is not liable for damages or losses that may occur from travel to such destinations.
The price of the Services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted except as stated in section 3.5.2 above. NestApart may in some cases levy a booking fee in relation to some flight transactions made on the Customer's behalf. The Customer will be notified of all applicable charges at the time of booking. Despite NestApart, Inc's best efforts, some of the Services listed on the Website may be incorrectly priced. NestApart, INC. EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. NestApart, Inc. is under no obligation to provide Services to a Customer at an incorrect (lower) price, even after Customers have been sent confirmation of their booking.
4.3. Photographs and illustrations
NestApart, Inc. does its utmost to provide photographs and illustrations that give the Customer a depiction of the Services offered. The purpose of these photographs and illustrations is to show the Customer the level of accommodation and the degree of comfort, and they must not be considered to be making any representation that exceeds this purpose.
The prices on the Website do not include travel insurance. The Customer is therefore advised to take out insurance that covers the consequences of certain cases of cancellation and an additional policy that provides cover for certain special risks such as the cost of repatriation in the event of an accident or illness. It is the Customer’s responsibility to ensure any insurance policy taken out is adequate to cover their requirements.
The risks covered by these policies, as well as the cost and the amount of cover, are shown on the Website only for the purpose of illustration. In the event that a policy is concluded, the insurer will send the policy to the Customer. Claims must be submitted directly to the insurance company in accordance with the terms and conditions of the policy.
4.5 Your Financial Protection
When a Customer buys an ATOL protected flight inclusive trip package or a Flight on the Website the Customer will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where the Customer can get information on what this means for the Customer and who to contact if things go wrong.
NestApart has the following arrangements in place to ensure the security of money paid over by Customers and to arrange for their repatriation (where applicable) in the event of NestApart’s insolvency: Flight inclusive trip packages and Flight bookings created by Customers on the Website are protected by the Civil Aviation Authority (under ATOL number 5788). Not all Services offered by NestApart and/or other Suppliers will be protected by the ATOL Scheme. ATOL protection extends primarily to Customers who book and pay in the United Kingdom. For further information, visit the CAA website.
Article 5. Financial conditions and payment procedures
5.1 Local taxes and Payments
Unless specified otherwise in the Rules and Restrictions, the prices of the Services shown on the Website are expressed in GBP, excluding local taxes imposed by the authorities in some countries.
The price of Services booked on the Website or by telephone must be paid either to (i) NestApart, Inc, which will accept such payments on behalf of the Suppliers, and/or (ii) directly to the Suppliers. Payment may be charged by more than one party (as will be shown on the Customer's bank or credit card statement) however the total amount charged will not exceed the total price of the Services.
The Customer shall provide the details of his/her payment card and the Supplier or NestApart, Inc. will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the Supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the Customer’s credit card).The reservation of any pre-paid "pay online now" hotel or apartment bookings and NestApart Special Fare products and NestApart Packages for destinations within the European Union is covered by the regulations for travel agents and tour operators, as set down in Articles 306-310 of the EU Principal VAT Directive [2006/112/EC]. The Supplier NestApart Travel is located in the United States of America, as a result of which no VAT will be charged on services provided by NestApart Travel.
5.2. Tax Recovery Charge
Except as provided below with respect to tax obligations on the amounts we retain for our services, neither NestApart, Inc. nor NestApart Travel collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid “pay online now” hotel or apartment transactions are a recovery of the estimated transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that NestApart Travel pays to the hotel or apartment for taxes due on the rental of the room. The hotel or apartment invoices NestApart Travel for tax amounts. The hotel or apartments are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Neither NestApart, Inc. nor NestApart Travel act as co-vendors with the hotel or apartment with whom our customers book or reserve their travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by NestApart Travel to the hotel or apartments may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel or apartment by our customers. In addition to the above, in certain jurisdictions, sales, use and/or local hotel or apartment occupancy taxes may be imposed on the amounts that NestApart Travel charges for its services. The actual tax amounts on our services, if any, may vary depending on the rates in effect at the time of your hotel or apartment stay.
For pre paid "pay on line now" bookings, the provider's New York State and New York City tax registration certificates and numbers are provided .
New York State Tax Registration: New York sales taxes and New York City occupancy taxes, where applicable, are due on your hotel or apartment room stay. For pre-paid "pay online now" hotel or apartment bookings, the Supplier's New York sales tax vendor registration number and its New York City hotel or apartment occupancy tax registration number are available.
Article 6. Customer Service and the handling of complaints
Queries or requests for information should be sent to firstname.lastname@example.org.
Complaints should be sent by email to email@example.com, which will receive them on behalf of the Suppliers. For ease of resolution. Customers are encouraged to bring their complaints within 30 days of the end of a trip.
In general, complaints will only be dealt with if the issues mentioned in the e-mail were reported by sending an email to firstname.lastname@example.org during the trip (or as soon as reasonably practicable), or to the carrier if the dispute arose during the outward or return journey, so that measures can be taken to resolve the problem and in order to limit the damage suffered by the Customer. However, exceptions may be made depending on the circumstances.
Complaints about loss of, theft of or damage to luggage, clothing or personal belongings that were not under the Customer's control during the stay should be addressed to the airline or hotel or apartment or apartment provider.
Article 7. NestApart's Liability
The Customer accepts that where NestApart, Inc. acts as an interface between the Customer and the Suppliers, NestApart, Inc. will under no circumstances be held liable with respect to Services the Customer has booked with one or more Suppliers. NestApart, Inc. is not liable if and insofar as the Customer is able to claim for damages under an insurance policy such as travel and/or trip cancellation insurance.
The information displayed on this Website has been provided by the respective Suppliers, and NestApart does not accept any liability for any inaccuracies. Customers must ensure that they verify all information given before booking.
Customers should note that all hotel or apartment ratings shown are intended as guidance only and may not be an official rating or be in line with classification. NestApart does not accept any liability in relation to the ratings shown.
Article 8. Disclaimer
Except as expressly set out in these General Terms and Conditions, all the information contained in this Website is provided without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement. All such implied terms and warranties are excluded. By accessing this Website, the Customer agrees that NestApart will not be liable for any direct, indirect or consequential loss arising from the use of the Website, any delay or inability to use the Website, or from the Customer's use of links from the Website. The exclusions and limitations contained in this clause apply only to the extent permitted by law.
Article 9. Applicable Law
These General Terms and Conditions are governed by the laws of the United States or England and Wales depending on jurisdiction of the provider. The Customer agrees that the English Courts shall have jurisdiction to hear and determine any dispute arising from the interpretation and/or arising herefrom; however the Customer may choose the law and jurisdiction of Scotland or Northern Ireland if that is where the Customer resides.
Article 10. Final Provisions
If NestApart, Inc. does not invoke one of the provisions of the General Terms and Conditions at any one moment, this must not be interpreted as a cession of the right to invoke it at a later date.
If any provision of these General Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of this agreement with the Customer and the validity and enforceability of the other provisions shall not be affected.
Every instance of force majeure, including the interruption of means of communication or a strike by carriers, hotel or apartment provider or air traffic controllers, will lead to the suspension of the obligations in these General Terms and Conditions that are affected by the force majeure event and the party affected by the force majeure event shall not be liable as a result of the inability to meet such obligations.
These General Terms and Conditions come into force on 5th May 2014.