terms & conditions
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Booking Terms And Conditions For Accommodation
1. INCORPORATION OF TERMS AND CONDITIONS
1.1 These terms and conditions (‘Terms and Conditions’) set out by Fay Hunt trading as SoCheltenham (‘we’, ‘us’ or ‘our’ as the context requires) below, shall apply to your use of http://www.socheltenham.co.uk/ (‘Website’). As such, by continuing to use the Website, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, please DO NOT continue to use the Website.
1.2 In order to enjoy the facilities and services offered on the Website e.g. make a booking, you will need to contact us. Please note that such services and facilities will be provided subject to our Booking Terms and Conditions and Privacy Policy.
2. INTELLECTUAL PROPERTY
2.1 The contents of the Website are protected by copyright, database right, trademark and other intellectual property rights (‘IPR’). You acknowledge that all IPR in the Website is owned or is lawfully licenced to us.
2.2 The copying or incorporation into any other work of part or all of the material available on the Website in any form is strictly prohibited save that you may:
2.2.1 print or download extracts of the material on the Website for your personal use; or
2.2.2 copy the material on the Website for the purpose of sending to individual third parties for their personal information, provided that you acknowledge us as the source of the material and that you inform the third party that these conditions apply to them and that they must comply with them.
2.3 Subject to the conditions set out in Clauses 2.1 and 2.2 above, any assignment, sub-license or any transfer of your rights under these Terms and Conditions is strictly prohibited.
2.4 If you breach any of the provisions in these Terms and Conditions, your authorisation to access or use the Website automatically terminates, and any information downloaded or printed from the Website shall be deemed to be in violation of these Terms and Conditions and must be immediately destroyed.
3. SERVICE ACCESS
3.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. LINKS
4.1 We make no representations whatsoever about any other website which you may access through the Website. When you access a website which does not belong to us, please understand that it is independent from us, and that we have no control over the contents of that website.
4.2 In addition, a link to another website does not mean that we endorse or accept any responsibility for the content, or the use, of such website or the products and/or services offered on such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.
4.3 You must not create a link to the Website without our prior written consent. If you desire to create a link to the Website, please contact enquiries@socheltenham.co.uk.
4.4 In addition, you must not frame the Website on any other websites.
5. OUR LIABILITY
5.1 The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and/or third parties connected to us hereby expressly excludes (1) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and/or (2) any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the use and/or inability to use the Website, any websites linked to the Website and/or any materials posted on it, including, without limitation any liability for (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill: (vii) wasted management or office time; (viii) loss and/or damage arising from your computer being infected by any virus or malicious software; and (viiii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
5.2 This does not affect our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation and/or any other liability which cannot be excluded or limited under applicable law.
6. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
We processed information about you in accordance with our privacy policy enquiries@socheltenham.co.uk. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
7. VIRUSES, HACKING AND OTHER OFFENCES
7.1 You must not misuse the Website site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.
7.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may at our discretion report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
7.3 Without prejudice to the generality of Clause 5 above, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
8. GLOBAL NATURE OF THE WEBSITE
8.1 You recognise the global nature of the Website and thus, agree to comply with all applicable local laws in your jurisdiction when using the Website. In particular, you agree to comply with all relevant laws regarding transmission of technical data sent out from your jurisdiction and the European Union.
8.2 Information we publish on the Website may contain references or cross-references to our products that are not announced or available in your country. Such references do not imply that we intend to announce such products in your country. You are advised to consult us for information regarding the products which may be available to you.
8.3 We do not warrant that the materials on the Website are suitable for use outside the United Kingdom. As such, accessing such materials where the material on the Website is unlawful or illegal is strictly prohibited. In the event you choose to access the Website from locations outside the United Kingdom, you are solely responsible for your actions.
9. GOVERNING LAW
You agree that these Terms and Conditions shall be exclusively governed in accordance with the laws of and the courts in England and Wales.
10. YOUR CONCERNS
If you have any concerns about material which appears on the Website, please contact enquiries@socheltenham.co.uk.
Thank you for visiting the Website.
1. INCORPORATION OF PRIVACY POLICY
1.1 Fay Hunt trading as SoCheltenham (‘we’, ‘us’ or ‘our’ as the context requires) are committed to ensuring that your privacy is protected and that we are compliant with the Data Protection Act 1998. This privacy policy (‘Privacy Policy’) explains how we use the information we collect about you and the procedures that we have in place to safeguard your privacy.
1.2 By using our website http://www.socheltenham.co.uk/ (‘Website’), or making any booking, you consent to us using the information we collect about you. If you do not agree with the terms and conditions set out in this Privacy Policy, do not continue to use the Website
1.3 For the purpose of the Data Protection Act 1998, the data controller is Fay Hunt.
2 . THE INFORMATION SOCHELTENHAM COLLECTS AND HOW SOCHELTENHAM USES IT
2.1 When you visit the Website or make a booking enquiry, we may collect information including your name, postal address, e-mail address, telephone number, and such other relevant information which we deem necessary to answer any enquiries which you may have.
2.2 Subject to the terms and conditions of this Privacy Policy, we protect all personal and financial data from being disclosed to any third parties except when required by law. In addition, we may use your information to assist in the prevention of unlawful activities e.g. intellectual property rights infringement, money laundering or activities which threaten our Website or is adverse to your or our interest.
2.3 We may also use aggregate information and statistics, (but, which will not contain your identifying information) for the purposes of monitoring your usage of the Website in order to help us develop the Website and the products and accommodations made available by us. We may provide such aggregate information to third parties.
2.4 We may collect information which is based upon your behaviour and navigation on the Website. This information allows us to carry out internal research on the users’ interest, demographics and behaviour so that we can better understand, and in turn provide better information, products and services to you and other customers.
2.5 If you do not wish for us to send you any information set out in Clauses 2.3 to 2.4 above, please send an e-mail to enquiries@socheltenham.co.uk.
2.6 Subject to the other provisions of this Privacy Policy and such other provisions specified on the Website, we will not provide your information to other companies or organisations without your consent.
3 . USE OF COOKIES AND OTHER INFORMATION GATHERING TECHNOLOGIES
3.1 We use ‘cookies’ and other technologies to collect information on site to assist us in monitoring our web page flow, promotional effectiveness as well as to promote trust and safety.
3.2 Certain features on the Website are only available if you enable the cookie. We also use a cookie to assist us to provide information which is relevant to your interest.
3.3 You are free to decline our cookies although that may impair certain features on the Website.
3.4 You can delete any cookies from your computer – refer to your internet browser’s help files.
3.5 We may also track certain information through the use of JavaScript code and third party web site analytics providers.
4 . PROTECTING YOUR INFORMATION
4.1 The internet is not a secure medium. However, we have put in place various security procedures and strict policy rules to safeguard and protect your information from unauthorised and unlawful access and use. These security procedures and policies which are of the highest standards are continuously improved.
4.2 Notwithstanding the above, it should be appreciated that no system is entirely fool-proof and you should be careful when you reveal any confidential information to any third party.
5. DISCLOSURE OF YOUR INFORMATION
5.1 If we and/or part of our business is sold or integrated with another business, your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners.
5.2 We reserve the right to disclose your data (and you consent to such disclosure) if we are under a duty to disclose or share your personal data in order (i) to comply with any legal obligation; (ii) to enforce or apply our Terms of Use for the Website, our Booking Terms and Conditions, and\or this Privacy Policy and other agreements; and/or (iii) to protect the rights, property, or our safety or ours customers’ safety. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
6. UPDATING YOUR DETAILS If any of the information that you have provided to us changes, for example if you change your e-mail address, phone number or name, please contact us by sending an e-mail to enquiries@socheltenham.co.uk.
7. OTHER TERMS
7.1 Owing to the global nature of the Internet infrastructure, the information you provide may be transferred in transit to countries outside the European Economic Area that do not have similar protections in place regarding your data and its use as set out in this Privacy Policy. However, we have taken the steps outlined above to try to improve the security of your information. By using the Website, you consent to these transfers.
7.2 We supply links to other websites. If you click on a link, you are not protected by this Privacy Policy and you are advised to read the privacy policy of the other website as they may differ from this Privacy Policy.
7.3 We reserve the right to amend this Privacy Policy from time to time as we deem necessary. In such event, we will post such changes on the Website.
7.4 We welcome your views about the Website and our privacy policy. If you would like to contact us with any queries or comments please send an e-mail to enquiries@socheltenham.co.uk.
BOOKING TERMS AND CONDITIONS FOR ACCOMMODATION
1. INCORPORATION OF TERMS AND CONDITIONS
1.1 Fay Hunt trading as SoCheltenham (‘we’, ‘us’ or ‘our’ as the context requires) offer you the opportunity to enjoy a great break or holiday in the Cotswold region. You can select from our website, brochure or marketing materials a range of accommodation which we have to offer.
1.2 These terms and conditions shall apply when you book your accommodations.
1.3 You must be at least 18 years old and possess legal capacity to contract under English Law.
1.4 Whether you book alone or as a group, we will only deal with the lead booking name.
1.5 These terms and condition contain the entire agreement between the parties and both parties acknowledge that they have not relied upon any oral or written representation made to them by the other. You agree to waive any right to claim damages for any misrepresentation unless such misrepresentation or warranty was made fraudulently.
1.6 If any provision of the terms and conditions are held by any competent authority to be invalid or unenforceable in part, the validity of the other provisions of these terms and conditions shall not be affected.
1.7 We will be released from our obligations in the event of flood, fire, national emergency or any other cause beyond our reasonable control.
2. ACCOMMODATION
2.1 This product offers you a wide selection of accommodation which we have specially hand picked.
2.2 As this is a single component, please note that the Package Travel, Package Holidays and Package Tours Regulations 1992 do not apply.
2.3 Please note that any booking for accommodation is strictly between you and the person(s) making such accommodation available (‘Owner’) incorporating the relevant conditions set out herein. We are merely arranging such accommodation booking as booking agents of the relevant accommodation operator and not as principal.
2.4 In view of Clause 2.3 above, we cannot be held responsible for any loss or damage which you and/or the members of your party suffer(s) or any dissatisfaction with the accommodation arrangement although we will try our best to assist you in resolving any issues or disputes between you and the Owner in question.
2.5 For the avoidance of doubt, the cancellation rights under the Distance Selling Regulations 2000 do not apply in relation to your rental of accommodation.
3. BOOKING YOUR ACCOMMODATION
3.1 You may make your booking by telephone on +44 (0)1242 515434 between the hours of 9am to 8pm from Monday – Friday or by email at enquiries@socheltenham.co.uk.
3.2 Upon receipt of your booking, we will as soon as it is practicable, confirm with the relevant Owner on the availability of your selected accommodation and send you a written accommodation booking confirmation (‘Accommodation Booking Confirmation’) via an email (unless otherwise agreed) on behalf of such accommodation operator in respect of your booking.
3.3 For the avoidance of doubt, no contract between you and the Owner shall arise until after the Accommodation Booking Confirmation is sent to you. Notwithstanding the foregoing, we and/or the Owner reserves the right to reject any bookings without giving any reasons.
4. PAYMENT FOR ACCOMMODATION
4.1 Upon making a booking, you are required to:
4.1.1 pay (where applicable, any and all bank charges arising for the payment of the rental amount), (i) a fifty percent (50%) of the rental price plus our commission of 10% (of the total rental price to us); and (ii) the balance of the rental amount in cash on arrival at the accommodation in question or as agreed by you and us in writing if you have booked your accommodation (as the case may be) during the Cheltenham Gold Cup March Festival; or
4.1.2 pay (i) thirty percent (30%) of the rental fee price to us; and (ii) the balance of the rental amount to us no later than 6 weeks before the first day of your rental period commences.
4.2 Where your rental period is due to start within six (6) weeks from the day you made the booking, the full rental price is payable immediately to us.
4.3 No payment shall be deemed to have been received until we have received cleared funds.
4.4 A returnable deposit may be required to be paid on arrival to the Owner. This will be returned on your departure provided that the accommodation (subject to fair use and tear) has not been damaged.
5. CHANGES IN ACCOMMODATION
5.1 If you want to change any details of your booking (such as changing to different accommodation, the dates of your stay or changing a name in your party), we will use reasonable endeavours to assist you and accommodate your request.
5.2 If a change you requested is possible, we will charge an ‘amendment fee’ of £25 for such change requested by you.
5.3 Where we are unable to accommodate your change request, you are still liable to pay the full rental price and our commission (unless the Owner waives such payment of rental price by you) in which case such rental price waived by the Owner will be refunded to you but not our commission.
6. CANCELLATION
6.1 If you wish to make a cancellation after the Accommodation Booking Confirmation has been sent to you, you must put your cancellation request in writing (‘Accommodation Cancellation Request’) to us.
6.2 You acknowledge that we are accepting such Accommodation Cancellation Request on behalf of the relevant Owner.
6.3 Upon receipt of your Accommodation Cancellation Request, we and the Owner in question will use reasonable endeavours to find a replacement booking. Where such replacement booking is found, we and/or the Owner will at our sole discretion refund such part of the amounts paid by you after deducting any expenses incurred in finding a replacement and making good any losses suffered by the Owner.
6.4 If such replacement booking is not found, you will be liable to pay the full rental price.
6.5 In view of Clauses 6.1 to 6.4 above, we would strongly advises you to take out a cancellation policy to cover such loss which you may suffer as a result of any cancellations made by you.
7. USE OF THE ACCOMMODATION
7.1 You undertake to take, and shall procure that each member of your party takes reasonable care of the accommodation, the furniture, fittings and facilities provided to you and your party during the rental period.
7.2 You undertake and shall procure that each member of your party comply with any directions and/or house keeping rules in respect of the accommodation which are issued by the Owner. Unless otherwise stated and subject to reasonable wear and tear, you are required to ensure that the accommodation is kept in the condition prior to you renting it. If the accommodation or any facilities made available are damaged, you will be liable to pay additional charges to make good such damage.
7.3 If specifically set out on our website and/or brochures, you may bring your pets.
7.4 To ensure that the accommodation is kept in good condition, SoCheltenham and/or the accommodation operator reserve the right to enter the accommodation to inspect and carry out such necessary maintenance at reasonable hours of the day upon giving you prior notice.
8. ALTERNATIVE ACCOMMODATION If the accommodation becomes unavailable or unusable due to circumstances beyond our control or the Owner e.g. flood or fire, we will try to find alternative accommodation for you or refund to you all payments made by you (whichever is your preference).
9. COMPLAINTS PROCEDURE
9.1 If you have any complaints regarding your booking, please contact us immediately and we will do our best to resolve such issues.
9.2 If you have any complaints during your stay at the accommodation, you must contact the Owner as your contract is directly with the Owner.
10. ACCOMMODATION DESCRIPTION We have taken great care to in preparing the literature in respect of the accommodations on our website, promotional materials and brochures and the description of the accommodation and to ensure that these are accurate at the time of printing or posting of such literature. However, please understand that we have no control over any changes to the accommodation which may be made by the Owner. If we become aware of any material changes to the accommodation which you desire to book, we will use reasonable endeavours to provide you with updated information in relation to such material changes to the accommodation at the time of your booking or where material change occurs after the time of your booking, as soon as it is reasonably practicable and you may cancel your booking in such circumstances.
11. DATA PROTECTION By asking us to confirm your booking, you consent and agree to procure the consent of other members of your party to us and the Owners processing personal data about you and other members of your party.
12. LIABILITY
12.1 This Clause 12 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of (i) any breach of contract; (ii) any services requested by you including the rental of the accommodation; and/or (iii) any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with any contract.
12.2 Subject to Clauses 12.3 and 12.4, neither we nor the Owner acceptable liability for loss or damage suffered by you and/or your members of your party in connection with these terms and conditions, save for matters which arise as a result of our negligence and/or breach of our contractual duty to exercise care in making arrangements for you.
12.3 Subject to Clause 12.4 below, we exclude all liability for any loss or damage including consequential loss, loss of opportunity, pain and suffering and loss of enjoyment arising from the rental of accommodation request by you from the Owner which is arranged by us.
12.4 Notwithstanding any provisions in these terms and conditions, we do not exclude liability for death or personal injury which is due to our negligence, fraud and/or fraudulent misrepresentation.
12.5 Subject to Clauses 12.2, 12.3 and 12.4, our maximum liability for any loss arising from our breach of any contract or negligence shall be limited to our insured sum where we are is insured and the monies paid by you to us in all other cases.
13. LAW AND JURISDICTION
The Conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction.