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Terms & Conditions

Booking Terms and Conditions

The following booking conditions form the basis of your booking contract with Kotel Windermere, NXU Ltd. In these Terms and Conditions “we”, “us”, and “Company” refers to NXU Ltd, a UK registered Company. ”You” refers to the customer booking a reservation through us directly through this website, and indirectly through any of our affiliates through whom we provide our products and services.

1. Summary

Thank you for your interest in staying at Kotel Windermere. We are an apart hotel  company in Windermere. These Terms and Conditions describe the legal framework under which you agree to participate when placing a booking with Kotel.

You accept these conditions yourself and on behalf of all members of your party whether you are booking as a guest or on behalf of others.  In addition, by visiting or using our website you agree to comply with our Website Terms and Conditions.

In the event of any inconsistency between the Booking Terms and Conditions and the Site Terms and Conditions, the Booking Terms and Conditions prevail.

We also have a Privacy Policy that outlines our commitment to safeguarding the privacy of our customers and to protecting any personal information that you give us.

In brief, you agree to the following Booking Terms and Conditions when you place a booking through Kotel:

2. Interpretation

2.1 Definitions

In these conditions, the following definitions apply:

3. Disclaimer

Information on this site is posted in good faith and updated regularly, but Kotel cannot guarantee its completeness and accuracy. Kotel does not accept any liability to you or any third party for any error or omission on this site. Kotel may change, update or delete the terms and conditions or any information on this site without prior notice.

Kotel does not warrant that this site will be uninterrupted, error free or that any information or other material accessible from this site is free of viruses or other harmful components.

Kotel is not liable for any direct or indirect loss resulting from your use of the information on this site, except we shall be liable for death and personal injury resulting from our negligence.

4. Your booking

4.1 Any booking made offline, will only come into existence when your confirmation has been dispatched by us. Upon completing your booking and receiving your confirmation you enter into a contract with Kotel on our stated Terms and Conditions.

4.2 Restrictions may apply in certain locations including, but not limited to, a minimum night stay and age restrictions; you will be advised of these at the time of booking where applicable. We reserve the right to refuse any booking at any time.

4.3 All guest names and contact telephone numbers are required at the time of booking including whether guests are adults or minors.

4.4 Prior to check-in, guests are kindly required to pre-pay via credit/debit card.

4.5 Please carefully check the details on your booking confirmation and invoice as soon as they are received.  If anything is not correct, we kindly ask that you tell us immediately.  However, we regret that we cannot accept any liability if we are not notified of any inaccuracy in the documentation.  If there is an error in the confirmation or invoice, we reserve the right to correct it as soon as we become aware of it and will do so within 7 days of issue of the confirmation or invoice or, if your arrival date is within 7 days of booking, no later than 24 hours before your arrival date.

4.6 Special Requests

We will endeavour to do everything we can to help guests with special requirements. Please ensure we are made aware in writing, of any special requirements at time of booking so that we can help you to select the most suitable apartment to suit your needs. Although we will endeavour to meet any reasonable requests, no guarantees can be given that any request will be met. Conditional bookings cannot be accepted i.e. any booking which is specified to be conditional on the fulfilment of a particular request.

4.7 Group Bookings

Special conditions may apply and these will be advised at the time of booking. Cancellation charges and notice periods may differ to those in clause 7.3 and will be advised at the time of request.

5. Payment

5.1 General

Payment in full is required by 7 days prior arrival  unless otherwise agreed. If payment does not reach us before the required time, we reserve the right to suspend or cancel any booking made.

Payment should be made in Pounds Sterling by: Credit or Debit card. Cash payments are not accepted. There is no transaction fee on Visa/MasterCard/AMEX credit or debit card payments.

Credit card details must match the relevant security checks.

Credit card fees are non-refundable in any circumstances.

 

Accounts in credit balance for a year or more, following our best endeavours to return the money to the customer, will be retained and removed from the account.

Any commission invoices due should be submitted to hello@kotel.co.uk within 12 months of the departure date. Invoices not received within this time will be rejected.

5.2 Payment of additional Charges

Valid credit/debit card details must be supplied at the time of booking and/or prior to arrival at the apartments to cover any potential “additional charges “(see clause 15). A written statement of the “additional charges” will be sent to you. In the event that payment under a debit/credit card is declined, or no card details are provided, we reserve the right to invoice the booker or guest direct for these charges.

6. Pricing

The rates that we advertise are to the best of our knowledge correct at the date of publication, however we reserve the right to change any rates from time to time, without notice. Prior to the booking being confirmed, rates quoted are based upon the rates prevailing at the time but are subject to change.  Once a booking has been confirmed, we will not change the rate quoted unless you amend the booking or our cost of supplying the accommodation changes as a result of tax changes or currency fluctuations beyond our control. VAT is charged at the rate in force at the time of booking.

7. Changes by the guest

All requests for changes, extensions and cancellations must be made in writing.

7.1 Changes

All changes of date are subject to availability.  Should any change be rejected, the original booking will be re-instated.  Name changes or child age changes will not incur any charges or administration fee. Once in house, changes to the departure date which result in a reduction in the length of stay will be subject to rate change.

7.2 Extensions

If you wish to extend a stay please give us as much notice as possible in order to facilitate your request. All extensions are subject to availability and rate change.

Where notice to extend a stay has been given, we reserve the right to take all additional payments and charges from any credit/debit card used to make the original booking, or an invoice for the extended period will be sent to your billing address and payment must be made by return.

7.3 Early Departures and Cancellations

Kotel reserves the right to treat an early departure or reduction in the number of nights or apartments booked as a cancellation and apartments may be re- let and cancellation charges will apply. No-shows will be treated as a late cancellation and you will not be entitled to any refunds.

Transaction fees are not refundable in the event of a cancellation.

The cancellation policy is 7 days prior to arrival by 3pm. After this time, a a charge equal to a full night’s rate applies.

This may also apply to early departure, postponed arrival or reduction in the number of minimum night’s stay.

For group bookings the minimum notice period and the cancellation charge may vary.

8. Changes by Kotel

We do not expect to have to make any changes to your booking however occasionally bookings have to be changed or cancelled or errors in information or other details corrected and we reserve the right to do so.  If this does happen, we will contact you by telephone or email where reasonably possible.

If a change has to be made or your booking has to be cancelled we will, if possible, offer you an alternative apartment of similar type and standard in a similar location for the same period.  If the alternative apartment is advertised at a lower price, you will receive a refund of the price difference.

However, if the alternative apartment is at a higher price the new price will be payable.  If you do not wish to accept a change or any alternative apartment offered or we cannot offer you a suitable alternative apartment, you may be entitled to cancel your booking and receive a refund unless this is the result of an event beyond our Control – see below.

You should tell us as soon as possible whether you wish to accept any change or alternative apartment offered or alternatively if you want a refund.

8.1 Events beyond our control

Events beyond our control include but are not limited to the following: an act of God, outbreak of hostilities, riot, civil disturbance, acts of terrorism, revolution, the act of any government or authority (including but not limited to refusal or revocation of any licence or consent), fire, flood, lightning, explosion, fog or bad weather, epidemic, interruption or failure of a utility service (including but not limited to electricity, gas, water or telecommunications), renovations and building work undertaken at the property or in the local area, strikes, lockouts or boycotts, embargo or blockade.

9. Insurance

We are not responsible for the theft and/or damage of your personal belongings during your stay in any apartment booked. Therefore, you are advised to ensure that you have appropriate insurances in place. In addition, you are advised to ensure you have appropriate travel insurance to cover cancellation and medical expenses.

10. Website

Reasonable care has been taken to ensure that the content of our website (and/or other means of promotion or advertising) is correct, but it is subject to amendment at any time without notice. All content on our website (and/or other means of promotion or advertising) is published in good faith. Given the above factors, we do not warrant that any of the content on our website (and/or other means of promotion or advertising) accurately or completely describes any of the apartments we offer. Our website may link to other websites and we are not responsible for the data policies, content or security of these linked websites.

Our website (and/or other means of promotion or advertising) will only have a general representation of the accommodation shown. Actual apartment size, floor plan, design, fixtures, furnishings and facilities may vary. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any accommodations made available. For our full Website Terms and Conditions, please go to www.kotel.co.uk

11. Liability

We are responsible for our own operated apartments, subject to the following conditions.

All warranties, conditions and other terms implied by statute or common law or otherwise are, to the fullest extent permitted by law, excluded from any contract with us and these conditions shall apply in their place. However, nothing in these terms and conditions will affect your statutory rights if you are a consumer. Nothing in these terms and conditions limits or excludes our liability for death or personal injury resulting from negligence; or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us, or any liability that cannot by law be excluded.

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).

However, and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for:

This is whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the accommodation or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

11.1 Booking on behalf of a business

If you are booking for, as, or on behalf of a business or business employee, that business shall indemnify us against all liabilities, costs, expenses, damages and losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with your, or your business’s, breach or negligent performance or non-performance of these terms and conditions.

If you are booking for, as, or on behalf of a business or business employee, our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of your booking shall be limited to the fees paid to us under your booking.

12. Your accommodation

All apartments are occupied as serviced apartments and are only to be used as temporary or holiday accommodation for you, or your organisation. They are not for use as the principal, additional home or residence of guests; you will not be entitled to a tenancy or an assured shorthold or assured tenancy. No relationship of landlord and tenant is created, and no statutory security of tenure exists now or when the period of occupation ends. If you or any member of your party fails to vacate at the end of the period you will be charged the appropriate accommodation charges for the continued period of occupation. No persons other than the guests have the right to use the apartment.

These conditions constitute an excluded agreement under S(3A)(7)(a)of the Protection from Eviction Act 1977 (as amended) and cannot be construed as an assured tenancy under the Housing Act 1988 (as amended).We cannot guarantee an exact apartment number prior to arrival. The maximum guests in an apartment is determined by the number of beds in the apartment. If the maximum number is exceeded then we may refuse access to the accommodation and/or reserve the right to charge for additional apartments.

12.1 Arriving and departing

The specific arrival and departure policy should be requested at the time of booking and will be stated on the confirmation. Arrival or late departure may be available for an additional charge but cannot be guaranteed unless booked from the night before arrival or for the night after departure.

The procedure for departure will be confirmed on arrival.

12.2 Access to your apartment

We are an apart hotel without reception, therefore you will be provided with a code to enter the building and your apartment prior to your check in time. It is essential that you have this information with you on arrival and, where notified, contact us in advance to confirm the arrival procedure.

13. Facilities and services

13.1 Cleaningour room

Your apartment will be complimentary serviced after the 3rd night. Should you wish to have your room cleaned before this time, a £10 cleaning fee would apply. If you would like your room to be cleaned, hang the “please clean my room” sign on your external door handle before 12pm or inform us via email.

13.2 Maintenance

Routine maintenance is carried out regularly by our Management Team; however, occasionally we may need access to your apartment to carry out essential maintenance.  We will normally give you 24 hours notice, except in the event of an emergency during which we would require immediate access.

13.3 Internet / Wi-Fi

Information about our free fast fibre internet access will be provided at time of booking and on arrival. Access is subject to the Kotel Acceptable Use Policy. At peak times the bandwidth available for connection to the Internet may be under pressure due to the number of people connecting to the Internet, both internally and externally. Kotel recommends that activities requiring increased bandwidth such as Skype, Movie/TV streaming is limited at these times.

Guests must not interfere, move or disconnect any equipment relating to the provision of the Internet access and must not use the connection for any illegal or immoral purpose (including but not limited to file sharing) and Kotel reserves the right to pass on any record to the authorities should Kotel be made aware of any such use.

Kotel reserves the right to disconnect a guest at any time without notice if, in Kotel’s opinion they breach any of these terms and conditions (including exceeding the download limit).

13.4 Security

Guests will be provided with a code to access the property and the apartments. For your safety and security we have a 24-hour security team on call. Should you need any assistance between the hours of 7pm – 9am, please call our main number on+44 (0) 15394 23003and your call will be automatically transferred to our Security Team.
Guests are required to behave in a responsible manner, respect the apartments and their fellow guests bykeeping noise to a minimum level at all times, especially between the hours of 10pm and 10am. This includes causing any sort of nuisance or disruption to fellow guests or using threatening or abusive behaviour towards a member of staff on the phone, in writing or in person.
Guests are not permitted to use the apartment for any illegal or immoral purposes

.PLEASE NOTE: AN ADDITIONAL CHARGE WILL APPLY IF THE SECURITY TEAM IS CALLED OUT IN RESPONSE TO A NUISANCE COMPLAINT.

Please report any maintenance issues to The Host between office hours. Should you have to urgently report any maintenance issues during out of office hours, please contact our Security Team.

13.6 Interruption to services

We will make every effort to ensure that guests enjoy a peaceful stay, however, cannot guarantee or be held responsible for any failure or interruption of services to the apartment or the building, including electricity, air conditioning, water or any damage to telephone, broadband/ internet and other communications, including disruption or noise caused as a result of repair works being carried out in another part of the property.  Where we are made aware of such failure or interruption we will endeavour to rectify such services within a reasonable period of time at our apartments.

13.7 Host

Our Host is available to ensure your stay is as comfortable and enjoyable as possible. Contact details and working hours are made available ahead of your check in date.

14. Guest responsibility

Guests are expected to comply with any regulations for use of the apartment. These are available on arrival, usually in the Guest Information Folder, in the apartment. If any guest breaches any of these conditions or the regulations, we reserve the right to request a guest vacate their apartment immediately without refund.

14.1 Smoking

Smoking is not permitted in any apartment or apartment building, this includes the use of electronic cigarettes. Should this not be respected a charge equal to a one night’s rate may apply.

14.2 Pets

Pets are not allowed in any apartment or apartment building, unless otherwise agreed at time of booking as a special request.

14.3 Nuisance

Guests are required to behave in a responsible manner, respect the apartment and their fellow guests and keep noise to a minimum between the hours of 10pm and 7am. This includes causing any sort of nuisance or disruption to fellow guests or using threatening or abusive behaviour towards a member of staff on the phone, in writing or in person. Guests are not permitted to use the apartment for any illegal or immoral purposes. An additional charge will be made if the Management Team is called out in response to a nuisance complaint.

14.4 Age restrictions

In order to ensure our guests enjoy a stay free from disturbance, non-corporate bookings may not be accepted from any paying guests under the age of 18. We require that there is at least one person aged 18 or over staying at the apartments for each booking.

14.5 Visitors

Guests are responsible for their visitors. Non-residents will not be allowed access to the apartments after 11pm and we operate a strict no party policy.

14.6 Damage

Guests are required to keep the apartment, furniture, fittings and effects in the same condition as on arrival.  Inventories and condition reports can be provided at the start and end of the stay, if required, at an additional cost. You are required to notify us of any damage, loss or broken items or matters requiring general maintenance. Any damage to the apartment will be charged in full. In the event that these are discovered after departure we will notify you or the booker within 7 days of departure with full details and where possible photographic evidence.

14.7 Cleanliness

We expect the apartments to be left in a reasonable state of cleanliness and order on departure. An additional charge will be made for extra cleaning or specialist cleaning to return the apartment to a fit state for occupation. Additional charges may include compensation for loss of revenue in addition to cleaning and repairs.

14.8 Lost property

Kotel accepts no responsibility to guests, visitors, staff or otherwise, for injury, theft, loss of property, damage to personal belongings, assault or other unlawful acts. Guests are encouraged to use the safe provided for the storing of valuable items.  Expensive items, including, but not limited to: laptops, jewellery, fragile items, cash, documents and/or expensive items, etc, must not be placed in luggage for storage.All your possessions should be removed from the apartment on the date of departure.  We will use reasonable endeavours to retain any lost items for up to 1 month after your departure date. Email:  hello@kotel.co.uk  for enquiries relating to lost items.

14.9 Do Not Disturb

Even though the Team at Kotel will often honour the “Do Not Disturb” sign, there are certain situations where that request is not feasible. If a member of staff has reason to believe a crime or crisis is taking place in a studio or apartment, they reserve the right to enter the room themselves or allow law enforcement to enter the room.

We reserve the right to enter your room, even when this sign is displayed, for maintenance, safety, security or any other purpose.

15. Family Occupation

The maximum occupancy of the Accommodation shall not be exceeded. If the Guest wishes to hold any function or celebrations exceeding this limit it must first obtain the written permission of the Company.

16. Health and safety

We take the health and safety of all our guests seriously. On arrival you should familiarise yourself with the layout of the apartment and building and the health and safety procedures as detailed in your apartment.

17. Quality and feedback

We are committed to providing quality accommodation and conduct regular audits to ensure that high standards are maintained at the apartments.  We also welcome feedback from our guests and ask them to complete a guest satisfaction survey on departure. We value this feedback which provides us with useful information on how we can improve our services further.

18. Complaints

In the unlikely event that you are dissatisfied with any aspect of your accommodation, please notify the apartment manager as soon as possible in the first instance. If you do not give us the opportunity to resolve a problem during your stay, this may affect the final outcome of any complaint received. We aim to deliver the best possible customer service, but in the unlikely event that you are dissatisfied with our service, please contact us by email to hello@kotel.co.uk, write to The Host at Kotel, Lake Road Windermere, Cumbria LA23 2BY or alternatively call us on 01594 32003.

19. Privacy

All information collected or properly obtained during the booking process will be processed in accordance with our Privacy Policy which, with our Website Terms and Conditions, is incorporated into these conditions.

20. General

We reserve the right to change these conditions from time to time. If guests are in breach of any of these conditions, we reserve the right to request that guests vacate their apartment immediately.  These conditions shall be governed by and construed in accordance with the laws of England and the Courts of England shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning these conditions and any matter arising from them.

21. Kotel booked “Online”

21.1 Your online booking

If you make an instant online booking, you will be taken to a confirmation screen with a summary of your booking, including your booking reference number and the booking conditions made up of the apartment’s payment terms, cancellation policy and check-in procedure. Shortly after making your booking, you will also receive a full confirmation email re-iterating this.

21.2 Special requests

See clause 4.6

21.3 Group bookings

When attempting to book a group booking on www.kotel.co.ukyou will be prompted to submit an enquiry; The Host at Kotel will then apply the group booking terms and conditions to your booking /request.

21.4 Payment

Our online payment policy is clearly displayed on our website at the time of booking on the confirmation page and may also be provided on your confirmation email. Secure payment to be made via credit or debit

This means we do not add any credit card fees, service fees or hidden extra’s to the rate displayed.

Payment to be made in Pounds Sterling. If booking with a rate displayed in another currency to the rate, this will be converted into pounds sterling at the exchange rate in force at the time of booking. We cannot be held responsible for rate changes between booking and time of cancellation

If payment does not reach us at the required time we reserve the right to suspend or cancel any booking made. Any late payments will result in interest being charged at 4% above Bank of England base rate for the period concerned.

21.5 Payment of additional charges

See clause 5.3

21.6 Pricing

When you make a reservation through our website www.kotel.co.ukthe rate you see on your search results page at the time of booking is the rate we apply and confirm to you. Rates are per apartment, not per person and are inclusive of VAT unless otherwise stated.

The rates we advertise are to the best of our knowledge correct at the date of publication but we reserve the right to change any rates from time to time. Prior to the booking being confirmed rates quoted are based on the rates prevailing at the time but are subject to change.  Once a booking has been confirmed we will not change the rate quoted unless you amend the booking or our cost of supplying the accommodation changes as a result of tax changes or currency fluctuations beyond our control.

21.7 Changes, extensions and cancellations

Our online cancellation policy is clearly displayed on our website at the time of request/booking. For Changes and Extensions see clause 7.1, 7.2 and 7.3 .

Booking conditions relate to the payment and cancellation terms displayed online when booking. These may differ between apartment type and rate booked; it is your responsibility to read these carefully.

Cancellation charges relate to the date prior to arrival when we are notified of the cancellation and will determine the cancellation charges incurred according to apartment type and rate booked online. These notice periods also apply to early departure, postponed arrival or reduction in the number of minimum nights’ stay.

Payment terms (also relate according) to apartment type and rate booked online.

21.8 Changes by us

See clause 8

21.9 Insurance

See clause 9

21.10 Liability

See clause 11

21.11 Arriving and departing

The check-in and check-out policy is clearly displayed on our website at the time of booking. See clause 12.1

When booking live at the time of booking the arrival and checkout policies will be stated on the property page under “essential information”, please take note of this essential information to prevent any problems gaining access to your apartment.  See clause 12.2

The procedure for departure will be confirmed on arrival.

21.12 Facilities and services

See clause 13

21.13 Guest responsibility

See clause 14

21.14 Additional charges

See clause 15

21.15 Health and safety

See clause 16

21.16 Quality and feedback

See clause 17

21.17 Complaints

See clause 18

21.18 Privacy

See clause 19

21.19 General

See clause 20

 

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