Terms and Conditions

Definitions

“Agreement” means these Terms and Conditions.

“Accommodation” means a place (such as a room in a hotel) where any User(s) can stay, sleep and find other services, and as available on the Website for any User(s) to book.

“Conditions” means the terms of how you may use the Website.

“Nightly” means Travel Innovations Limited, the company which owns and administers the Website.

“Nightly Exclusive Deal” means a combination of two Accommodations for a trip to a single destination.

“Parties” means Nightly, Provider(s) and User(s) whether jointly or independently.

“Provider” means third party supplier of travel services and Accommodation(s) including, among others, hotels, hotel chains, hotel wholesalers, bed banks, travel accommodation aggregators on the Website.

“Travel Innovations Limited” means the Owner, Administrator and Data Controller of the Website (includes “us”, “we” or “our”).

“User” means whosoever shall use the Website for whatever reason.

“We”, “us” and “our” means Nightly.

“Website” means the website owned and administered by Travel Innovations Limited under the brand Nightly and located at www.nightly.travel

“You” and “your” means you as a User of the Website and all persons on the booking confirmation processed by any User(s) (including anyone added or substituted at a later date).

Introduction

Travel Innovations Limited, herein referred to as Nightly, a Limited Company, Incorporated in England and Wales, (Number 10012311) with Registered Address at 35-37 Ludgate Hill, Office 7, London EC4M 7JN, United Kingdom.

These terms and conditions explain how you may use the Website across any device.

They also cover the terms and conditions for the relationship between any User(s) and Provider(s) brought together via the Website and the relationship between Nightly and any User(s).

By accessing or using the Website, or otherwise indicating your consent, you agree to be bound by these terms and conditions as well as our Privacy Policy.

If you do not agree with or accept any of these terms and conditions you should stop using the Website immediately.

By using or accessing the Website you agree to the following terms and conditions:

Use of the Website

You may only use the Website to make legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent booking or any booking in anticipation of demand. You also undertake to provide correct and accurate email address, postal address and/or other contact details to Nightly and acknowledge that Nightly may use these details to contact you in the event that this should prove necessary.

How it Works

User(s) accesses the Website at www.nightly.travel and creates an account, by registering with an email address & password or with their personal Facebook account, to access the Website.

User(s) will then be able to conduct Accommodation searches for their destination and dates. A list of search results will be generated and User(s) can then choose Accommodation(s) from the search results.

User(s) can access further information on the Accommodation(s) by selecting the Accommodation(s) from the search results. The page containing further information on the Accommodation(s) is also the stage any User(s) must use to proceed further to book the Accommodation(s).

Upon selection of the Accommodation(s), User(s) will proceed to book by making the purchase through checkout and by providing their personal and payment details.

Successful payment by valid bank card generates a booking confirmation for the Accommodation(s) which any User(s) can take to the Accommodation(s) for check in purposes.

Provider

Nightly act as an interface between you and the Provider(s) through which you can book any Accommodation(s) you choose as a result of the searches performed through the Website.

When Nightly process your booking, the contract for the Accommodation(s) you choose will be between you and the Provider(s). The Provider’s booking conditions will apply to your booking and you must agree with them before Nightly can process your booking request.

Nightly, because we act as booking agent, accept no responsibility or liability for the acts or omissions of, or services provided by, the Provider(s). We advise you to read their booking conditions carefully as they do contain important information about your booking.

Individual Travel Products

Nightly is not a tour operator which means we neither arrange nor combine nor package (as defined by Package Travel, Package Holidays and Package Tours Regulations 1992) travel products. We provide a search facility to enable your connection to the Provider(s) who does arrange travel products. Each Accommodation you choose is a separate booking, independent of other Accommodation booked at the same time. Where you book more than one Accommodation, these are not a package (as defined by Package Travel, Package Holidays and Package Tours Regulations 1992).

The flexibility that Nightly offers is that you are under no obligation to book more than one travel product and each travel product can be booked wholly independently of the others. When we use the term “booking” we do so for your convenience and it refers to either the individual booking for one travel product or the multiple bookings you have made at the same time.

Making a Booking

Any booking made by you shall be deemed to be an offer by you to purchase the Accommodation(s) subject to both Nightly’s terms and conditions and the specific booking conditions of your relevant Provider(s). It is your responsibility to ensure that you have read, understood and agree with both prior to booking. No contract between you and the Provider(s) shall come into existence until Nightly (a) issues a booking reference number; (b) issues a booking confirmation by email; and (c) receives payment in full.

Group Bookings

If larger groups want to be sure of sufficient availability at any Accommodation(s), they should contact our office by phone on 0330 2230 565. If two or more parts of the same group book online on two or more separate bookings, we cannot guarantee that the two or more bookings will be confirmed and availability at the Accommodation(s) will be available for the two of more bookings.

When Contract is Made

By clicking to book and entering your personal and payment details on the Website, you are requesting us to make a booking confirmation with the Provider(s) to purchase the Accommodation(s) on your behalf.

At this point we immediately contact the Provider(s). Each Provider will still require a short period of time to confirm that your chosen Accommodation(s) is still available. Should the Accommodation(s) be available as detailed on the Website, then you have entered into a legally binding contract to purchase the Accommodation(s) subject to Nightly’s terms and conditions and the Provider’s booking conditions.

Once we have received confirmation of your booking from the Provider(s), we will contact you via email to let you know that your booking for the Accommodation(s) has been confirmed. The contract is formed when the Provider(s) issues their booking reference number. Please note that once your booking has been confirmed to us, you can only cancel the booking in accordance with the relevant Provider’s booking conditions which may involve cancellation charges. Equally you may also be subject to Nightly’s cancellation charges if these apply.

Accommodation

All Accommodation, featured on the Website, is booked through the Provider(s) named on your booking confirmation. Although we cannot check each of the Accommodation regularly, the star ratings featured on the Website are the Accommodation’s own star ratings and are based on the official tourist board ratings.

If you have a complaint while you are staying at the Accommodation you must inform the Accommodation’s management immediately in order to give them the chance to resolve the problem. If the issue is not resolved to your satisfaction, please contact Nightly by email on [email protected] 

The dates and times of your Accommodation(s) will be included on your booking confirmation (please check this carefully). After registration with the Accommodation on arrival, you will be allocated a room.

Special Requests and Requirements

We are happy to pass on any special requests you may have to the Provider(s) or the Accommodation(s) concerned with your booking. Please note that while the Accommodation(s) will make every effort to fulfil your requests they cannot be guaranteed. Special requests do not form part of your contract with the Provider(s).

If you have any specific requirements when booking your Accommodation(s) because you or any member of your party is disabled or less mobile, then you must ensure you have chosen and researched your Accommodation(s) carefully. It is advisable for you to contact Nightly by email on [email protected] prior to making an online booking so you can inform us of your mobility issues and we can advise on the most suitable options for your party.

Star Ratings and Quality of Accommodation

You acknowledge that star ratings may vary in quality from country to country and cannot be relied on to identify the quality of the Accommodation(s). You acknowledge that the star rating is merely a general outline and may not apply in each case. Similarly, you acknowledge that the type of rooms provided at the Accommodation(s) (i.e. single, double, twin, triple, etc.) may also vary from country to country. It is your responsibility to check the type of accommodation and services provided by each Provider. Details of each Accommodation which may be booked via the Website are outlined in the Website.

Accuracy and Information on the Website

Nightly is an online travel agency and specifically an accommodation booking website. Any User(s) of the Website is able to contact the Provider(s) directly to book Accommodation(s) and all contractual relationships that arise as a result of using the Website are between the Provider(s) and User(s). Nightly are not involved with any contractual relationships between the Provider(s) and User(s) and are not liable for any loss incurred due to out of date information.

Nightly are connected via an application programming interface (API) to access live availability and prices for the Accommodation(s) from the Provider(s). Hence, the prices for Accommodation(s) displayed on the Website are correct and valid at the time they are displayed and remain valid for a period of thirty minutes.

Whilst every care has been taken to ensure the accuracy of the information contained in the Website, Nightly will not be held responsible for any loss, damage or inconvenience caused as a result of any inaccuracy or error within the Website. The Provider(s) is responsible for all the information on the Website and for advising Nightly with any changes and discrepancies.

If you have any concerns about any Accommodation(s) on the Website, please contact Nightly by email on [email protected]

Although Nightly strive to keep the Website updated with correct information given to us by the Provider(s), we cannot be held responsible for any Provider that does not replicate the information on the Website.

In advance of booking Accommodation(s) on the Website, any User(s) is strongly advised to read the relevant Accommodation’s terms and conditions which are provided on the booking review and payment page on the Website.

Privacy Policy

When you make a booking, your email address, credit/debit card information and contact details are processed by a third party payment gateway. Information is not passed to the Provider(s).

All details held at Nightly follow our strict Privacy Policy and are never shared with third parties (other than when you make a booking and are shared with the Provider(s)).  A copy of our Privacy Policy is available upon request (or by clicking here).

Accommodation Reviews

The Accommodation reviews featured on the reviews section of the Website are those obtained from third party suppliers TrustYou GmbH and TripAdvisor LLC. They are not the opinion of Nightly. Reviews featured on the Website are not intended as advice and should not be relied upon as such. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such information. If you have any concerns or queries about reviews which appear on the Website, please contact Nightly by email on [email protected]

Amendments and Cancellations

There is no universal amendment, cancellation and no-show policies. They will vary by Accommodation and will depend on many factors including but not restricted to travel dates, accommodation type and events. As a result, Nightly will display each specific amendment and cancellation policy, after a search has been performed, on the booking review and payment page for each individual Accommodation. It will also be confirmed in your booking confirmation email.

Should you wish to amend or cancel your booking, you must call Nightly on 0330 2230 565. For further details on how to cancel your booking please visit the FAQ and “Booking” section of the Website. Charges may be levied by the Provider(s) or other supplier and you will be advised of these when you call Nightly.

Please note incorrect information on any documentation received from us, including specifically the booking confirmation email, must be brought to the attention of Nightly immediately. Please contact Nightly by email on [email protected] 

If you book non-refundable Accommodation(s) you will not be able to cancel nor amend your booking and no refund will be available. Deposit payment options are not available on bookings which include non-refundable Accommodation(s). Full payment is required at the time of booking.

If you do not arrive at the Accommodation(s) on the date on which you are due to arrive, the Accommodation(s) may mark your booking as a “no-show” and release the room for re-sale.

Should you leave the Accommodation(s) earlier than the date on which you booked to leave, then you may be entitled to cancel or amend the booking from the time when Nightly receives notification from you during Nightly working hours. All such cancellations and amendments are subject to, most often than not, you incurring the charge for the next twenty-four hours after Nightly’s receipt of notification. Please note that this is a guideline and is actually decided on a case by case basis and is subject to the Accommodation’s discretion/policy at the time of your stay.

Amendments, Cancellations and Curtailment by the Accommodation

In the very unlikely event that the hotelier cannot provide the booked Accommodation, you understand that the hotelier’s responsibility is to find alternative accommodation of at least a similar standard, and provide transportation as appropriate to this alternative accommodation. Nightly takes every precaution to ensure the Accommodation is professionally managed so that any such occurrence is extremely rare. Nightly shall have no liability in respect of any other costs, losses or damages existing out of or in connection with relocation of accommodation since such relocation is outside Nightly’s control.

Taxes

You acknowledge that while Nightly and/or the Provider(s) will take care of accommodation taxes where applicable, the local authorities in some countries may impose certain additional taxes (e.g. tourist tax, city tax, local tax, etc.), which have to be paid locally (e.g. at the Accommodation), as these are for local service. You are exclusively responsible for paying such additional taxes.

Payments

We reserve the right to levy handling and transaction fees on all bank card payments in line with Nightly company policy to cover processing and administration costs. Please note Nightly do not accept payment by cash or cheque.

Accommodation Costs

When you receive your booking confirmation, Nightly accepts responsibility for paying the Provider(s) for your Accommodation costs and, therefore, cannot accept any responsibility for any User(s) who pay directly to the Accommodation.

Discounted Rates

Supplements are sometimes imposed on the Accommodation(s) which means that the price advertised on the Website may be higher than the Accommodation’s published rate. This can happen at any period when rooms are very scarce. Nightly will only sell Accommodation(s) at a price higher than the published rate if it feels that a User’s interest is better served by having this Accommodation(s) available rather than finding nothing available at all.

Price Changes

Nightly reserves the right to revise all published prices on the Website at any time and for any reason. However, no change in price will be made once a booking has been confirmed.

Best Price Promise

Whenever you book Accommodation(s) with Nightly through the Website, we want to make sure you get the very best price possible. To make sure of this, we offer a Best Price Promise. The Best Price Promise is simple. We are so confident that the Website shows the lowest prices available online, if you find a cheaper price for identical accommodation, on the same day, we will speak to our Provider(s) and try our utmost to match the price you found.

The Best Price Promise applies only to public websites that have the identical accommodation (hotel, room type, number of rooms and board basis) immediately available all on one website, and the service is priced accurately.

Best Price Promise requests are for bookings made online only, must be submitted to us without having confirmed a booking through the Website and must be submitted to us on the same day the price was seen on another website.

The accommodation you are asking to price match must be from a legitimate travel website, available to book online and must include any handling charges, booking fees, bank card fees and such like. The accommodation you are asking to price match cannot include in its price any money off coupons, promotional vouchers or offers or bulk-buy discounts.

The Best Price Promise does not include matching to other prices on the Website which may change subject to availability. Please note that the Best Price Promise relates to the total overall price. The accommodation you are asking to price match must be in pound sterling (GBP).

To request a price match, please contact Nightly by email on [email protected] and remember to include:

Both screenshots of the final booking page must show: destination; check-in and check-out dates; party size including children; accommodation name; room type; board basis; number of rooms; price; summary of overall price including any discounts; and total payable.

Please note we cannot accept responsibility where you have failed to send us the information requested in the format required or where a URL from the website you are asking to price match is no longer active, as it prevents us from viewing the comparison. Please do not send the URL of the website home page as this will prevent us from viewing the comparison.

We will review the details of your price match request with our Provider(s) and reply to you via email within three working days.

Nightly Exclusive Deals

Nightly Exclusive Deals are unique to Nightly. They are a combination of two Accommodations for a trip to a single destination. Therefore, instead of staying at a single Accommodation for the entire duration of a trip to a destination, the User changes Accommodation partway through their trip and stays at a different Accommodation. The reasons for changing Accommodation are to save money or get a quality upgrade or both. The length of each stay at the two Accommodations in Nightly Exclusive Deals are provided clearly at every stage of the booking process on the Website.

Crossed-Out or Strikethrough Rates

In the instance when a Nightly Exclusive Deal represents a lower price than the price to stay at a single Accommodation for the entire trip, this is shown by means of a crossed-out or strikethrough rate. This rate is shown next to the lower price for the Accommodation and is based on the actual cost to stay at the lower priced Accommodation in the Nightly Exclusive Deal. It represents an actual savings for the User on booking the Nightly Exclusive Deal versus booking the single more expensive Accommodation. Any savings of a Nightly Exclusive Deal over a single Accommodation does not include the transfer cost between the two Accommodations which make up the Nightly Exclusive Deal.

Transfers between Accommodations in Nightly Exclusive Deals

User(s) is responsible for the transfer between Accommodations in Nightly Exclusive Deals and they must bear any costs for the transfer.

Passports and Visas

British nationals should note that most countries require a passport to remain valid for a minimum period after the return date to the UK (normally six months). If your passport is in its final year of validity, you should check with the Embassy of the country you are visiting, otherwise travel may be denied. As it is not possible to claim against your insurance cover should travel be refused in these circumstances, we suggest you allow plenty of time to make these checks. It is your responsibility prior to booking to ensure that you have a valid passport.

Overseas nationals are responsible for ensuring that their passport allows travel to their chosen destination. If you hold an overseas passport you must ensure that you are in possession of any visa necessary to enter the country of your chosen destination. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates.

Neither Nightly, nor the Provider(s), accept any responsibility or can be held liable for any loss incurred in the event you cannot reach your Accommodation(s) because you have not complied with any passport, visa or immigration requirements. You are advised to check with the relevant visa departments of the countries you wish to visit.

Health

Please be aware that you are responsible for any inoculation requirements for your destination. You may wish to obtain a copy of a useful booklet called Health Advice for Travellers (T7.1) available to download from www.dh.gov.uk. Up to date travel advice can also be obtained from the Foreign & Commonwealth Office on 0845 850 2829 or their website www.fco.gov.uk. You should check with your own doctor for any health formalities required for your trip or for your specific circumstances.

Insurance

We recommend that you take out adequate travel insurance. Adequate insurance cover should cover you and your party against the cost of cancellation by you before you travel; the cost of assistance (including repatriation) in the event of accident or illness; loss of luggage and money; and other expenses. We accept no liability arising from your failure to obtain adequate insurance cover.

Complaints Procedure

We hope your travel arrangements run as smoothly as possible and you enjoy your time at the Accommodation(s). If you have a complaint regarding the Accommodation while you are staying at the Accommodation, you must inform the Accommodation’s management immediately in order to give them adequate opportunity to rectify the situation or to resolve the problem from the outset. If you fail to follow this procedure, there will be less opportunity to investigate and rectify your complaint.

Where any such complaint is not rectified to your satisfaction by the Accommodation in question, you should contact Nightly immediately by email on [email protected] and Nightly will endeavour to assist.

Nightly acts as a booking agent only. Nightly will contact the Provider or Accommodation on your behalf to try to resolve your complaint.

Should you remain unsatisfied a further complaint should be made in writing to Nightly not later than seven days after termination of the stay. Where possible, the written complaint to Nightly should be supported by photographs or other written/visible proof of the complaint about the Accommodation.

Data Protection

We take responsibility for ensuring proper security measures are in place to protect your personal information. The booking information that you provide to us will be passed on only to the Provider(s) of your Accommodation(s) or other persons necessary for the provision of your Accommodation(s). The information may, therefore, be provided to public authorities if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies.

If you travel outside the European Economic Area (EEA), data protection controls may not be as strong as in the United Kingdom. If we cannot pass this information to the relevant Provider(s) or Accommodation(s), whether in the EEA or not, we will be unable to complete your booking. In making this booking, you consent to this information being passed on to the relevant persons.

Never share your booking reference number with anyone that you do not want to be able to administer your booking. When you have finished in the “Bookings” section of the Website, always click on the “Log Out” button shown on the Website to exit the application and prevent further access to your account. When using a public computer (such as in a library, school or workplace), also close the web browser when you are finished with your session. Nightly cannot be held responsible where changes are made to your booking without your permission if they have been made by someone with access to your booking reference number.

We may also contact you from time to time with details of any Nightly news or special offers we may have available.

Accuracy of Information

Nightly and the Provider(s) have taken reasonable care to ensure that the content of the Website including all Accommodation information, city information and listings are accurate. The Accommodation information and listings are compiled from information provided to the Provider(s) by the Accommodation(s) that are listed. Nightly publishes such information in good faith. You acknowledge and accept that Nightly cannot be held responsible for any inaccuracies in such information, nor can liability be accepted for changes to amenities or facilities which are not notified to Nightly by the Accommodation(s) in question. You also acknowledge that while Nightly endeavours to keep accurate and up-to-date all information contained on the Website, Nightly cannot be responsible for errors, omissions or misleading information contained in the Accommodation listings or information.

Errors on the Website

Prices and availability are subject to change without notice. Errors will be corrected where discovered, and Nightly reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after a booking has been submitted and whether or not the booking has been confirmed and your bank card charged. If your bank card has already been charged for the purchase and your booking is cancelled, Nightly will issue a credit to your bank card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

Indemnity

You agree to indemnify and hold harmless Nightly from and against any liability, damage or loss including legal fees and expenses that Nightly incurs or suffers as a result of any action, inaction or omission by you.

Consequential Loss

Under no conditions and in no event shall Nightly or the Provider(s) be liable for any consequential or special damages or losses, however arising, (including, but not limited to negligence or breach of these terms and conditions or otherwise) or for any loss of data, profit, revenue or business, howsoever caused even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of Nightly.

System Integrity

The usage of any device, routine or software which inhibits or interferes with the running of the Website or any booking concluded upon it, is prohibited. Any action which creates a load on the Website or infrastructure which may be considered unreasonable or disproportionate, is prohibited.

No Guarantee of Continuous Access to the Website

Nightly does not guarantee continuous access without interruption to the Website, nor does Nightly guarantee secure access to its services. The performance of the Website may be interfered with by factors outside its control.

Unauthorized Use of the Website Without Limitation

The Website and its content are protected by copyright. You may not copy or reproduce any information within the Website for any reason whatsoever unless authorised by Nightly

Hyperlinks and Third Party Websites

The Website may contain hyperlinks or references to third party websites that are deemed relevant. Any such websites or hyperlinks are provided for your convenience only. Nightly has no control over third party websites and Nightly accepts no legal responsibility for any content of these third party websites.

If you have any questions or concerns, please contact Nightly by email on [email protected]

Relationship

The Parties are independent businesses and not a joint venture, partners, or employer and employee.

Assignment

Neither party may assign its rights or obligations under these terms without the prior written consent of the other.

Amendment to These Terms and Conditions

Nightly reserves the right to amend these Terms and Conditions at any time. Updates will be effective five days after they are posted on the Website. This Agreement cannot otherwise be altered without prior consultation with Nightly.

Severability

The unenforceability of any part of these Terms and Conditions will not affect the enforceability of any other part.

Waiver

No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

Rights of Third Parties

These Terms and Conditions will bind and benefit each party’s successors and personal representatives. Subject to that, this Agreement is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Entire Agreement

These Terms and Conditions represent the entire Agreement between the Parties in relation to its subject. No other terms apply.

Governing Law & Jurisdiction

This Agreement will be governed by the law of England and Wales.

Disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.

Force Majeure

Force Majeure means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations hereunder. Inability to pay is not Force Majeure.

A party will not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it: promptly notifies the other of the Force Majeure event and its expected duration, and uses reasonable endeavours to minimise the effects of that event.

If, due to Force Majeure, a party: is or will be unable to perform a material obligation; or is delayed in or prevented from performing its obligations for a continuous period exceeding one day, the Parties will, within one business day, renegotiate the Agreement to achieve, as nearly as possible, the original commercial intent.