Terms & conditions
]1. Introduction
1.1.1 We want your stay with us to be enjoyable and hassle-free; after all this is your home away from home, pretend we’re not even here. We’re not a big fan of rules here at Native but to make sure everyone gets the same great experience, gets along well with their neighbours and looks after our property, we needed to put a few in place. We think we’re pretty fair and we trust our Occupants to work with the Terms and Conditions throughout their stay.
1.1.2 Just to let you know, the company’s formal name is “Native Residential Ltd” with company number 03479011 (registered in England & Wales), but we trade under the name “Native”.
1.1.3 The Terms and Conditions can be updated by Native at any time without prior notice, although such changes will not apply to bookings that have already been accepted by Native on behalf of the Occupant.
1.2. Using your information
1.2.1. The personal details that you provide to Native are to process your booking for accommodation. From time to time, we may share your details with third parties; if you would prefer we didn’t do this, please let us know.
1.2.2. We work within the guidelines and requirements of the Data Protection Act 1998 (DPA) and the General Data Protection Regulation (GDPR).
1.2.3. The Native Privacy Policy is available here: Privacy Policy
For more details, you can send an email to [email protected] and we will be able to assist you with your enquiry.
2. Use
2.1. You agree to use the apartment and building for residential purposes only and in particular you agree not to:
2.1.1. Operate any form of business from the apartment;
2.1.2. Use the apartment or building for any illegal or immoral purpose;
2.1.3. Consume or keep illegal drugs at the apartment or building;
2.1.4. Smoke in the apartment or building;
2.1.5. Carry out any action that would cause damage or deterioration of the apartment or building;
2.1.6. Bring any animals or pets into the building or apartment (save for disabled assistance dogs) without first notifying Native and having obtained prior written approval from us.
2.1.7. Obstruct any corridor or emergency exit in the apartment or building;
2.1.8. Damage, misuse, inhibit or render inoperative any safety equipment, fire safety equipment, or alarm system.
2.2. You agree to use the apartment and the building in a reasonable and responsible manner at all times.
2.3. You agree not to display any items in the windows, or hang items out of the windows, such as signs, laundry, flags, posters etc.
2.4. You agree to store bicycles in the storage areas provided and not to bring bicycles into the building or apartment at any time. If a bicycle is found to be stored within the apartment, we reserve the right to remove it and place it into the storage area.
2.5. You agree to adhere to the Fire Safety Notices provided in every apartment, not to tamper with any fire safety equipment provided, never to cover heat or smoke detectors and not to cause false activation of the fire alarm systems.
2.6. Any damage caused to fire safety equipment is a criminal offence and Native will report any occurrence to the authorities and press charges. We will also seek damages for the cost of repairing any equipment.
2.7. Native will levy a charge to you if you cause repeat or persistent false activation of the fire alarm system.
3. Condition upon your Arrival
3.1. Native has agreed to provide the apartment and its fixtures and fittings to you clean and in good repair and condition. For all tenancies, an inventory and condition report is carried out at the beginning and end of every tenancy. We advise that you check this upon arrival and inform us if you identify any issues with cleanliness or lack of repair. If you do not report any issues within 24 hours of Check-In then you agree that the apartment is provided in that condition. Any issues to be reported on arrival or during your stay need to be reported to the property team, the details of which shall be in your welcome letter which will be in the apartment.
4. Fixtures & Fittings
4.1. You agree to operate any appliance, fixtures and fittings provided by us in accordance with the provided instructions. If upon your arrival we have not provided you with instructions you must ask for these prior to operating the appliance. Failure to operate the appliances as per the instructions may result in damage to the appliance, which we will hold you responsible for. You agree to look after them and return them back to us, at the end of the booking, in good condition.
4.2. Occupants are not permitted to fix anything to the walls of the apartment. If you wish to fix anything to the walls of the apartment, please speak to the Guest Services team who will provide a member of our maintenance team to help you.
5. Reporting Repairs
5.1. You agree to promptly report any items within the apartment or building that require repair, to us. You also agree to take action as soon as you become aware of a problem to minimise its effects and prevent it becoming worse. In the event that an unreported issue worsens and causes damage, you agree to compensate us for any losses we may suffer.
5.2. You are not permitted to make any repairs or instruct another party to make any repairs to the apartment. If you make a repair or instruct another party to make a repair on your behalf then you will be liable for any defects in materials or workmanship which reduces the apartment below the standard it was in at the start of the booking. You will also be liable for any costs or expenses we incur in checking the quality and suitability of any repair you have made. If we are made aware at any time that repairs or alterations have been made to the apartment we will terminate this Agreement with immediate effect.
5.3. If once you have vacated the apartment, we identify a required repair that you have not reported to us, we will assume this to be damage due to negligence or carelessness and charge you accordingly.
6. Ventilation
6.1. You will keep the apartment properly ventilated to ensure that there is no build-up of dampness or moisture or of cooking smells, smoke or grease.
7. Refuse
7.1. You will dispose of all rubbish and waste promptly using the facilities provided. You will not dispose of waste or rubbish in any system not designed for this. In particular, you will take care to avoid blocking of or damage to drains or sanitary appliances by seeking to dispose of inappropriate items or abrasive, corrosive or hazardous substances. Appropriate refuse disposal areas are provided in all properties, the Welcome Guide in your apartment will detail the location of these.
8. Cooking
8.1. You will use the cooking facilities provided with reasonable care and according to the manufacturer’s instructions so as not to cause damage to the apartment, building or any fixtures and fittings and so as not to cause fire or smoke alarms to be activated.
8.2. Deep-fat fryers are strictly prohibited.
8.3. All cooking must be carried out with proper ventilation using the provided equipment so as not to cause odours to remain in the apartment. Where odours from cooking remain after your departure, we may charge you for professional services to help remove them.
9. Cleaning
9.1. You will keep the apartment clean and tidy and will bear primary responsibility for its condition on your departure, even if you have asked us to supply you with a separate cleaning service.
9.2. If there has been a breach of this Agreement by keeping animals within the apartment or smoking then specialist cleaning will be required and any costs incurred will be levied against your account.
10. The condition upon your departure
10.1. At the end of your tenancy or upon your Departure Date if you choose to leave earlier, you agree to remove all Occupants or other persons, all possessions and rubbish from the apartment and building and leave the apartment and its fixtures and fittings in the same good clean condition it was provided to you at the move-in time. We recognise that over time the condition of some areas may deteriorate due to wear and tear; we will be fair about this.
10.2. If upon your departure, we identify any Native property is missing we will seek damages from you to cover the cost of replacing such items. We will also inform the Police and press charges.
10.3. If you or any other Occupant leave any property behind which is bulky or not easily portable then you shall be liable for an ongoing licence fee until we can remove the property and you shall also be liable for any costs we might incur in removing or storing this property.
10.4. If you leave any other item behind that Native deems as high value, such as jewellery or electronic goods, we shall attempt to make contact with you to arrange collection. You shall be liable for any storage costs we might incur in storing it for you and you agree that if any item is not claimed within 7 days of your departure or you are not contactable during this time then it shall be deemed abandoned and we can sell or dispose of it at our sole discretion with us retaining any proceeds of any sale to offset our storage and administrative costs. Please contact site Services for enquiries relating to any item which has been lost or you may have left behind.
10.5. Food items or perishable goods will be disposed of immediately upon Native becoming aware, that Native will not store or save any such items for Occupants under any circumstances.
10.6. We will notify you within 1 week of your departure of any damage and additional cleaning required and the charges for repairs, replacement and work required. We will reference the inventory and condition report that was undertaken before your arrival. Where possible, photographic evidence will also be supplied. If an apartment is vacated in such a condition that repairs and cleaning will make the apartment uninhabitable for more than 48 hours, an extra charge equivalent to 48 hours of occupation will be made.
11. Compensation
11.1. You agree to compensate us for any cleaning or decoration of the apartment or building required, any losses we might suffer, or any fees or charges we have to pay, including compensation to other persons staying in the same building, caused by failure to fulfil any of your obligations in this Agreement.
12. Noise & Nuisance
12.1. You agree not to cause excessive noise in the apartment above and beyond that which might reasonably be expected due to its anticipated use as a residential premise. You agree to use the apartment in a manner which does not cause a nuisance to other persons residing in other apartments in the same building or nearby buildings and not to obstruct, harass, cause a nuisance to, or inconvenience any person residing, working for or on behalf of Native, or carrying out their lawful business in the building or immediate area.
12.2. We operate a zero-tolerance policy to any amplified noise after 10 pm and before 8 am. We will terminate our Agreement with immediate effect if any Occupant or invited visitor is found to be causing excessive noise.
12.3. We operate a strict policy against parties or gatherings in our buildings and apartments. Any substantial complaint or a party will result in any visitors involved in the party being asked to leave and will lead to the termination of our Agreement with immediate effect.
13. Occupants
13.1. You agree not to change the number or identity of Occupants without first notifying us.
13.2. Only persons notified to us on the Agreement may occupy the apartment. You may not re-let/sublet the apartment to any other third party, nor may you permit any other person to stay in the apartment or give keys/access information to any other person without our express permission in writing. You and anyone who occupies the apartment with you further agree not to use the apartment for any commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted in writing by us.
13.3. The number of persons permitted to occupy the apartment is limited to the number listed in our written confirmation of the Agreement. You must not allow this limit to be exceeded nor can you change the composition of the occupants during your stay without our permission in writing. If you do either of these things, we can refuse to hand over the apartment to you or can evict you and repossess the apartment without notice. If we do so, this will be treated as a cancellation by you and the Cancellation and Amendment policy will apply. In these situations, Native are not subject to any notice terms. We will not have any liability to you as a result of this situation arising (including, for example, any costs or expenses you incur due to not being able to occupy the apartment, such as incurring the cost of securing alternative accommodation). In this situation, we are not under any obligation to find any alternative accommodation for you.
14. Security
14.1. You will take care to ensure the security of the apartment and building by:
14.1.2. Taking care of access keys, tokens or codes and not giving them to persons who do not agree with us to be Occupants;
14.1.3. Ensuring your apartment door is locked every time you leave the apartment;
14.1.4. Not propping or holding open external doors, windows, and other forms of access to the building and apartment when you are not supervising them;
14.1.5. Native takes no responsibility for any items that Occupants or their guests have lost during their stay.
15. Advertising
15.1. You agree not to display any form of sign or logo that is visible from the exterior of the apartment or building and not to use the apartment or building, its address or location in any form of advertising or promotional material.
16. Access
16.1. Throughout your stay, we or a contractor permitted by us may need to enter your apartment. We will aim to provide you with at least 48 hours' notice of our intention to access your apartment and where possible to access your apartment during normal working hours, however, this may not always be possible. We shall not be required to provide the notice in this clause 28.1 in instances of emergency or unforeseen circumstances
17. Staff
17.1. Our Staff are here to help. We will not tolerate any harassment, abuse, or violence toward any member of our Staff, our third-party apartment providers and their Staff, or any of our suppliers or contractors. Anyone found to be threatening or harassing a member of our Staff will have their licence terminated and we will report the matter to the Police.
18. Insurance
18.1. We strongly recommend that you take out adequate insurance to safeguard against risks such as theft, accident, or the cost of cancelling. Native will not be held responsible for the theft and/or damage of your personal belongings during your stay.
19. Definitions
To make sure these Terms and Conditions are crystal clear, here’s a list of the wording we use and what we mean:
“Native”, “we”, “us” or “our” means Native Residential Limited, a company registered in England and Wales with the registered number 07730104 whose registered address is The United House, 9 Pembridge Road, Notting Hill Gate, London W11 3 JY (including, where appropriate, our employees, third party apartment providers, suppliers and agents, and insurers) and any properties that Native may own or operate on behalf of someone else.
“You” means the party making an Agreement for an apartment with Native.
“Additional Services” means services provided by Native or third-party companies approved by Native which are ancillary to the provision of residential accommodation.
“Apartment” means a self-contained unit of accommodation within a specific building which you have an Agreement with us and the Occupant is permitted by Native to occupy in accordance with an Agreement to which these terms and conditions relate.
“Apartment type” means the size and quality of accommodation unit in a specified building which you have booked and the Occupant is permitted by Native to occupy in accordance with an Agreement to which these terms and conditions relate.
“Building” means the structure of which the Apartment forms part along with any Common Parts and approaches, parking area, or grounds dedicated to the use of the Building;
“Booking” means the arrangement made by you with Native to occupy a specified Apartment Type in a specified Building for an Occupancy Period from a Commencement Date.
“Check-In” means the point in time on or after the Commencement Date at which you or a designated Occupant first arrives at the Building to take up occupation of an Apartment.
“Check-Out” means the point in time at which you and any persons allowed into the Apartment or Building by you or your Occupants vacate the Apartment. This includes vacation at the end of the period of the licence we have granted to you, the termination of the licence by us, or on the basis of an agreed early termination. On check-out your liability for Occupation Fees will not necessarily end.
“Commencement Date” means the date upon which the Occupant is entitled to occupy the Apartment.
“Common Parts” means the entrance lobby, stairs, corridors, lounge, laundry, lifts, bicycle store and any other common areas within the Building provided for the benefit of all Occupants of the Building;
“Contents” means some or all of the furnishings and effects to be found in the Apartment as listed in the inventory to be provided to the Occupant on moving in to the Apartment.
“Departure Date” means the date upon which you have agreed that your Occupants will vacate the Apartment and the Building having removed all their rubbish and possessions from the Apartment and leaving it in good, clean condition. See comment on Check-Out.
“Guest” means a person, other than the Occupant, staying in the apartment provided by Native.
“Interest” means simple interest calculated on a daily basis at the Law Society Interest Rate on any overdue payment. This interest will be calculated from the date that the payment falls due until the date that cleared funds are credited to a bank account operated by Native.
“Fixtures and Fittings” means the furnishings and other appliances provided by Native in the Apartment.
“Fee Period” means the period of one month beginning on the Commencement Date and on the same day of each month thereafter or any shorter period that remains between the start of a Fee Period and the Departure Date.
“Occupancy Period” means the period running from the Commencement Date to the Departure Date during which the Occupant is permitted to occupy the Apartment.
“Occupant” means the person or persons using the services provided by Native, and/or any other person who have been named to Native as occupying an Apartment.
“Accommodation Fee” means the sums payable in respect of the occupation of the apartment.
“Service Fee” means the sums payable in respect of additional services whether ordered by you at booking or by the Occupants during their occupation.
“Similar size and quality” means an Apartment which we place in the same pricing band as the Apartment you have booked with us.
“Staff” Means any employee, agent, or contractor engaged by Native in relation to its operations.
“Valid Payment Card” means a credit or debit card held in the name of one of the Occupants, or a company which employs one of them, provided by American Express, Visa, MasterCard, Visa Delta and Maestro/Solo which has been registered with Native and validated by them.
“Website” means the internet booking service operated by Native for the purpose of selling and managing bookings of its Apartments.
“Visitors” means people visiting the Occupant.