These Terms and Conditions apply as between you (the User of our Website) and Secret Escapes Limited (the owner of this Website, also referred to as ‘we’, ‘us’ and ‘our’ in these Terms and Conditions), in connection with your use of the Website and how we process bookings that you may wish to make with suppliers of holidays and / or travel services. These Terms and Conditions will apply whether you are a visitor to the Website, as well as if you have an account or have registered with us and are a Member (as defined below).Your agreement to comply with and be bound by these Terms and Conditions is deemed as provided upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately, as your continued use of the Website will indicate your acceptance of these Terms and Conditions.
1. Definitions and Interpretation
In these Terms and Conditions the following terms shall have the following meanings:
- "Acceptance"means the process by which Secret Escapes accepts a Member's offer to purchase a hotel stay, holiday or package (with travel included) advertised for purchase on the Website and/or as notified to a Member in any communications sent from Secret Escapes, as set out in detail in clause 7.2 of these Terms and Conditions ;
- "Account"means collectively the personal information, payment information and credentials used by Users to access the Service and / or any communications System on the Website ;
- "Content"means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- "Members"means Users of the Website who have chosen to become and been accepted as members of Secret Escapes, who are required to comply with these Terms and Conditions together with any other terms of membership that Secret Escapes may issue to a Member from time to time;
- "Products"means the products or services that a Member can book with a Supplier through the Website, which may include a package holiday, accommodation, flights, experiences, tours or any other travel service or product, as provided by Suppliers and as detailed on the Website from time to time;
- "Secret Escapes"means Secret Escapes Limited (registered in England & Wales under company number 07026107)) and whose registered office is situated at Floor 4, 120 Holborn, London, EC1N 2TD.
- "Service"means collectively any online facilities, tools, services or information that Secret Escapes makes available through the Website either now or in the future;
- "System"means any online communications infrastructure that Secret Escapes makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
- "Suppliers"means suppliers of tours, holidays, products or other services (whether a tour operator, hotel, airline, ground handler or any other supplier or provider), who shall be directly responsible to a Member who books with a Supplier for the Products;
- "User(s)"means any third party that accesses the Website and is not employed by Secret Escapes and acting in the course of their employment, whether a Member or otherwise;
- "Website"means the website of Secret Escapes, as currently accessed through the url address as www.secretescapes.com, together with any sub-domains of this website, unless expressly excluded by their own terms and conditions, or any other url address as Secret Escapes may nominate from time to time.
- 2.1 Ownership: Subject to the exceptions in Clause 2.2 below, all Content included on the Website (unless uploaded by Users and accepted for inclusion on the Website by Secret Escapes) including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software (including the copyright, database, trade marks, design rights or other intellectual property right, in whatever format and whether registered or not, “Intellectual Property”) is the property of Secret Escapes, or our affiliates or licensors. By continuing to use the Website you acknowledge that such Content is protected by applicable United Kingdom and International Intellectual Property rights and other laws and that you can only use the Content for the purposes of viewing the Content and using the Website in accordance with Clause 2.2 below.
- 2.2 Allowed use: Subject to these Terms and Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for personal purposes only, unless otherwise indicated on the Website, or unless given express prior written permission to do so by Secret Escapes. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that:
- you will not use the Content of the Website for commercial purposes; and
- you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Secret Escapes.
- 2.3 Trade marks: "Secret Escapes" and the secretescapes logo are trade marks of Secret Escapes. All other trade marks, service marks and trade names used on the Website are the property of their respective owners and are used by Secret Escapes under licence for inclusion on the Website. All such trade marks, service marks or trade names may not be reproduced, copied, downloaded or otherwise exploited without the permission of Secret Escapes or the relevant owner. You must not use the trade mark, service marks, trade names or logos featured on the Website for any purpose.
- 2.4 Third Party Intellectual Property: Where expressly indicated, certain Content and the Intellectual Property rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy or terms that may be relevant.
- 2.5 Content that you or other Users may upload: Commentary and other materials posted on the Website are not intended to amount to advice on which you should rely. Secret Escapes disclaims all liability and responsibility arising from reliance on that Content or other commentary/materials by any User or other third party. Where Secret Escapes provides any interactive services on the Website, we will do our upmost to ensure that such services are provided and used in accordance with these Terms and Conditions, although please note that we are under not obligation to monitor or moderate any such interactive services. We do, however, reserve the right to remove any Content or materials uploaded by you or any other User or third party on the Website in our entire discretion.
3. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Secret Escapes or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the Website www.secretescapes.com without prior permission. Deep linking (i.e. links to specific pages within the site), framing or other such activity requires the express prior written permission of Secret Escapes. To find out more please contact us by email at email@example.com
5. The Service
- 5.2 What Secret Escapes does: Secret Escapes is an exclusive Members only travel club. It sells (on behalf of Suppliers, acting as their agent) hotel stays, holidays and package deals, having secured great discounted rates with various Suppliers. Each booking that a Member may make through Secret Escapes with Suppliers will be made up of one or more offers which may be available at any given time. Members book individual offers from Suppliers within a sale window that is offered, as detailed from time to time on the Website. For example there may be a sale for rooms at the Heartbreak Hotel, with offers for 1 and 2 night stays in standard and superior rooms. Offers may include additional items or components, such as meals or activities. For avoidance of doubt, unless explicitly stated in the offer or sale description, offers are for accommodation only. All Products shown on the Website (or as notified to Members through email communications) are subject to availability and Members acknowledge that they will need to check that an offer is still available before booking.
- 5.3 Secret Escapes acts as an agent of Suppliers whose Products are featured on the Website, or as communicated to Members. Secret Escapes carefully selects the Suppliers with whom it acts as an agent (based on their experience, reputation, feedback on quality of services, etc) in order for Members to contract directly with those Suppliers for the provision of those featured Products. Secret Escapes provides the opportunities for Members to book with Suppliers at great rates by providing the Service, but Secret Escapes is not responsible in any way for the provision of the Products which a Member may purchase from the Suppliers through the Website and all contracts for provision of the Products that a user may purchase are on the booking terms and conditions applicable to the relevant Supplier with whom a Member may contract, as notified to the Member at the time of booking. Secret Escapes does not warrant or guarantee that the quality and standard of the Products offered on the Website by Suppliers for whom Secret Escapes acts as agent. Any concerns regarding the Products purchased by a Member from a Supplier must be brought to the attention of the Supplier by the Member directly (please see Complaints section further below), as the Supplier is directly responsible to you for bookings you have made with the Supplier through the Secret Escapes Website.
- 5.4 Rates and Suppliers terms: Secret Escapes negotiates discounted prices with Suppliers. The sale price displayed on the site is the discounted price (including the commission payable to Secret Escapes). When buying Products through the Secret Escapes Website, your contract will be with the Supplier (e.g. the hotel company) and not Secret Escapes. Secret Escapes only acts as an agent for the Supplier. Accordingly Secret Escapes is not responsible for the conditions or limitations placed on any sale by the Supplier of the Product being sold (such as, by way of example, the inability to cancel a booking once placed). Separate terms and conditions will apply to your booking and purchase of the Products purchased through any sale on the Website. You agree to abide by the terms or conditions of the Supplier with whom you contract, including compliance with the Supplier’s rules and restrictions regarding availability and use of fares and the Products. You understand that any breach of any Supplier’s conditions may result in cancellation of your booking, in your being denied access to any flights or hotels that may be contained as part of the Products you have booked and / or in your forfeiting any monies paid for such booking, and in Secret Escapes debiting your account for any costs Secret Escapes incurs as a result of such breach.
- 5.5 Sale Information:
All our prices are shown in pounds sterling and include VAT. Secret Escapes sells hotel stays and holidays at discounted prices. The sale descriptions on the Website specify the prices and what is included in your purchase, as well as any special conditions that apply. We try and avoid errors in our sales descriptions and prices. However, we reserve the right to correct errors in sales descriptions and prices before Acceptance of your order. Unless otherwise stated in the sale description the prices shown are for rooms only and don't include other potential costs such as travel costs or local taxes.
We aim to use photographs and descriptions to give an accurate illustration of the Products. They are not intended to be exact, for example you are not guaranteed an identical view to that shown in a sale photo.
We show a percentage discount as part of the sale information. This compares our sale price against the "rack rate" provided by the hotel. When additional services (such as meals or activities) are included in the sale, we add those to the rack rate.
6. Making a booking
- 6.1 Sale Information: The advertising of Products on the Website constitutes an "invitation to treat". Any Products detailed on the Website are subject to availability and therefore we need to check availability once a Member indicates that they would like to make a booking for a Product, before this can be confirmed. A Member's request to book a Product constitutes a contractual offer to purchase that Product, however no legally binding contract will come into force between a Member and a Supplier unless and until there has been Acceptance by a Supplier (as notified to a Member by Secret Escapes) that the booking placed by the Member has been Accepted.
- 6.2 For Acceptance of a booking for a Product to take place the following steps will need to be completed:
- 6.2.1 the Member will need to offer to purchase a Product on the Website;
- 6.2.2 Secret Escapes will issue an automated online acknowledgement confirming receipt of the booking. Please note that such automated acknowledgement is not Acceptance of the booking request, but an acknowledgement that the booking request has been received and that Secret Escapes will contact the Supplier to check availability prior to any contract coming into existence;
- 6.2.3 Secret Escapes shall (following the issue of the automated response referred to in clause 6.2.2 above) check that no details of a Product need to be corrected and that there are no accidental errors or omissions, and check the availability in respect of the Product with the relevant Supplier. In the event that any such errors or omissions need to be corrected, or a Product is no longer available, Secret Escapes shall provide notification of this to the Member as soon as reasonably practicable; and
- 6.2.4 following checks made by Secret Escapes relating to a Product that a Member has requested to book, Secret Escapes will notify a Member as to whether a Product can be booked by issuing a notification by email that a booking with a Supplier has been made, such notification being Acceptance of a booking for a Product on behalf of a Supplier and a legally binding contract shall then be created between the Member and the relevant Supplier for provision of the Product in accordance with the relevant Supplier’s terms and conditions.
- 6.3 For the avoidance of doubt, Secret Escapes reserves the right to alter or amend the details of a Product or withdraw a Product at any time up to the point of Acceptance in the event that it is aware of any error or omission relating to the details of the Product or in the event that it receives a request to do so from the Supplier of the Product.
- 6.4 Please make sure that you are eligible and able to travel on the dates of your holiday to your chosen destination before making a booking.
- 6.5 If you have any special requests you must let us know when you make the booking. Secret Escapes will attempt to pass on all reasonable requests to Suppliers, but cannot guarantee that such requests will be met by Suppliers of the Products. Secret Escapes cannot accept bookings that are conditional on the fulfilment of a special request.
- 6.6 If you have a medical condition which may affect your booking, please let us know before making a booking so we can find out if the Product is suitable before you make a booking.
- 6.7 There's a 'hold' functionality available for most of our sales. This works by allowing Members to pay a £25 fee to hold a date for the duration of the sale. For avoidance of doubt, 'holding' a sale does not constitute a booking or making contract to purchase a particular Product; it simply prevents other Secret Escapes Members from booking that allocation. A hold is NOT a deposit on a booking and is not a guaranteed or confirmed booking. In the event that a hold has to be cancelled by Secret Escapes due to that date being closed out by a Supplier, we will credit your Secret Escapes account with £25, but unfortunately we can not be held liable for any extra costs incurred to the Member (for example, if travel has already been booked separately).
- 6.8 Once your booking has been completed and payment for your Product has been made (in accordance with clause 7 below), Secret Escapes will issue you with:
- 6.8.1 booking receipt with details of the relevant Supplier providing the Product that you have booked. Please note this is not a complete booking confirmation with all details of your itinerary, etc – this will be sent to you by the relevant Supplier separately and our booking receipt merely confirms receipt of monies that we have taken on behalf of the Supplier and details of the dates your Product has been booked for;
- 6.8.2 if you have booked a Product that is a flight only, or a flight-inclusive package with a Supplier, then we will issue you with an ATOL certificate under the Supplier’s ATOL licence, confirming details of the monies protected by that Supplier’s ATOL licence for the Product purchased by a Member, together with information on where you can get information on what this means for you and who to contact is things go wrong. Secret Escapes is not an ATOL holder, therefore the ATOL Certificate is not issued under Secret Escapes ATOL licence and this means that if the ATOL holder Supplier that you have booked with becomes financially insolvent, then the Civil Aviation Authority will be required to refund the monies that you paid to the Supplier for the Product that was covered by the Supplier’s ATOL licence. The Suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, the Supplier is not able to do so for reasons of insolvency and therefore an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If the Suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
- 6.9 When you receive documentation for your hotel stay/holiday, please ensure you check that these are correct and in the case of travelling abroad, that they match the names and ages on the passport(s).
- 6.10 In the event that tickets and/or travel documents don't arrive by post or email, Secret Escapes will not be held liable for this. Please contact the hotel/tour operator should you not receive these.
7. Payment Terms
- 7.2 Payment Terms: When paying bills, time is of the essence and we ask you to ensure that your card details are valid and that you have sufficient funds available.
- 7.3 Failed payments: In the event that a payment fails we will ask you to provide updated payment details. We may temporarily suspend your Account if an amount remains unpaid for more than 14 days. We reserve the right to charge interest at a rate of 4% per annum over Bank of England Base Rate on all amounts that remain outstanding 30 days after the issue of our invoice.
- 7.4 Refunds and Cancellations: If you have any query about an amount that has been charged by us to your card, please contact us straight away. In the event that we find a payment has been taken in error we will refund the amount immediately to your credit or debit card. Refunds are at the sole discretion of Secret Escapes.
- 7.5 Credit and Incentives: There is no limit to the amount of Secret Escapes Products you can acquire. In fact we'd love you to tell all of your friends about us. However, if you try and gain additional credit through falsifying accounts or creating multiple fake accounts, then this will not be considered valid and will be cancelled when detected. If you gain credit through an incentive for booking Products through the Website in a valid manner, then such credit will remain in your Account for up to 12 months (unless an earlier expiry date is specified), at which point any credit within your Account will be automatically deleted.
8. Trade association
Secret Escapes is a member of ABTA (number L8959). We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
- 9.1 Unless otherwise stated in the Product description, once Acceptance has taken place all Product sales on the Website are final. If alterations or cancellations are available from the Supplier, they may be subject to a charge as per the Supplier’s own terms and conditions.
- 9.2 While bookings made through the Secret Escapes Website have a 100% non-cancellable/non-refundable policy, if a Member wishes to make a change to their booking of a Product with a Supplier, then Secret Escapes will use its reasonable endeavours to assist a Member in the Member's attempts to alter or cancel a booking, but can give no guarantee that such attempts will be successful and cannot be held liable for any applicable charges that the Member may need to pay in order to give effect to any such change or alteration.
- 9.3 Please note that if a Supplier’s terms and conditions includes provisions relating to changes and cancellations of bookings, such terms shall not be binding on the Supplier when bookings are made for Products featured on the Secret Escapes Website. This is because of the discounted rates that Secret Escapes has managed to secure with the Supplier, which is generally on the basis that the booking is final and cannot be changed. Members should therefore be aware that any such cancellation terms or provisions on changes to Products booked through the Secret Escapes Website would be deemed as non-cancellable and non-refundable, unless otherwise stated, or unless the Supplier has agreed to this in writing.
- 9.4 Depending on the reason for cancellation, you may be able to reclaim any cancellation charges payable (less any applicable excess) under the terms of your insurance policy. All claims must be made directly to the insurance company concerned.
10. Cancellations by Suppliers
- 10.1 Most changes are minor. Occasionally, we have to notify you of a "significant change" that a Supplier may make. A significant change is a change made before departure which, taking account of the information given to us at the time of booking and which we can reasonably be expected to know, we can reasonably expect to have a major effect on your stay. In the unlikely event of the Supplier cancelling or amending your booking for a Product after the booking has been made, we will tell you as soon as possible. If there is time to do so before departure, we will seek to secure from the Supplier the offer to you of the following options (depending on what the Product you have booked is):
Please note: As we act as an agent for the Supplier, they may not give the above options where any change made is a minor one. A change of flight time of less than 12 hours, airline type or aircraft (if advised) or destination airport are usually qualify as minor changes. When cancellations or changes do occur, Secret Escapes will not be held liable for extra costs incurred for example for travel expenses, or other accommodation, which you may be able to claim on your travel insurance.
- 10.1.1 (for significant changes) accepting the changed arrangements; or
- 10.1.2 for hotel only reservations, a choice of accepting an offered alternative or cancelling your reservation with a full refund of monies paid. In the case of no alternative being available from the supplier, they may instruct us to cancel and give a full refund; or
- 10.1.3 purchasing an alternative package from the Supplier, of a similar standard to that originally booked if available. You must pay the applicable price of any such package. This will mean you paying more if it is more expensive or receiving a refund if it is cheaper; or
- 10.1.4 cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to the relevant Supplier.
- 10.2 In the rare cases that a Supplier cancels your booking after it has been Accepted, you will be notified by the Supplier, or Secret Escapes acting on their behalf. As Secret Escapes is an agent acting on behalf of other Suppliers, and your contract once you've booked is with the Supplier, we will support you in getting a refund or changing your dates. Secret Escapes is not responsible for costs associated with a cancellation by the Supplier. This is why we always recommend that you buy travel insurance to cover against cancellations.
11. Cancellations by you
While our bookings have a 100% non-cancellable/non-refundable policy, in the event that you contact us to request to cancel your booking, we will contact the relevant Supplier. However, you are also bound by their terms and conditions and a cancellation is not always possible and where it is, charges may apply.
Important: Any cancellation affecting the flight element of a tour operator package will involve minimum cancellation charges equivalent to the price of the flights.
12. Termination and Suspension
In the event that a Member breaches these Terms and Conditions, Secret Escapes reserves the right to suspend or terminate a Member’s access to the Service and its’ Account, and to suspend your membership. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
- 13.1 If you unhappy with any aspect of the Products that you have purchased through the Secret Escapes Website and wish to complain, then please raise this with the relevant Supplier directly at the time so that they can try to address any issues raised (also put it in writing to them if possible - some Suppliers provide a feedback form). If you are still not satisfied then please contact the Supplier directly within 30 days of your return. They should then respond according to the ABTA/ATOL guidelines (acknowledgment of receipt within 14 days and full response within 28 days or an explanation for any delay above these timelines).
- 13.2 If the Product is as described on the Website, but you're unhappy with any aspect of the experience, please take this up with the relevant Supplier. They will deal with the situation immediately, or will deal with your query in reasonable timescales. In these cases, Secret Escapes cannot assist in your complaint.
- 13.3 If you feel the Product is not as described on the Secret Escapes Website, in the first instance, please take this up with the relevant Supplier. However, please also let us know as soon as possible and we will assist you in attaining a resolution.
- 13.4 For flight or transport problems please contact the Supplier (you should be provided with and emergency number). Delays to flights, etc. should be dealt with by the Supplier. Please always read all information given to you by the Supplier and check their terms and conditions before you go on holiday. Secret Escapes is not liable for any flight issues which may affect your stay and this should be taken up with the relevant Supplier.
We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight, as provided by the relevant Supplier. The flight timings shown on our Website and/or detailed on your booking details are for guidance only from the relevant Supplier and are subject to alteration and cancellation at any time by the relevant Supplier. The relevant Supplier will confirm flight times that you have been allocated. Where a window of flight times is given, you will be allocated flight times within that window according to availability on the date you have booked by the relevant Supplier; any complaints regarding flight times given to you if they are within that window will generally not be accepted by a Supplier.
Flight timings are outside our control. They are set by airlines and are subject to various factors including route changes or cancellations; air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets before departure, by your relevant Supplier that you have booked with. You must accordingly check your tickets / e-tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched. We (on behalf of the relevant Supplier) or the Supplier themselves, will contact you as soon as possible if this occurs. Please refer to the relevant Supplier’s terms and conditions regarding flights. As Secret Escapes acts as agent it will have no contractual liability to you in respect to the flight Product.
Under EU law (Regulation 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost. Your right to a refund and/or compensation from the relevant Supplier would be set out in the relevant Supplier’s terms and conditions. If any payments to you are due from a relevant Supplier, any payment made to you by the airline will be deducted from this amount. If your airline does not comply with these rules you should complain to the CAA Passenger Advice and Complaints Service on 020 7453 6888 or visit www.caa.co.uk.
We consider adequate travel insurance to be essential to cover you while you're away. Please ensure that you have a valid travel insurance policy from the time of booking your holiday for the countries you will be travelling to or through, and to cover the activities that you may undertake whilst you are on holiday. It is essential that all members of the party booked are covered by the policy (in case of families) or have their own adequate policy in place. You must ensure you read all conditions and information applicable to any policy you purchase.
Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate, for your particular needs
- 17.1 Secret Escapes makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
- 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 17.3 The information on this Website is not designed with commercial purposes in mind. Commercial use of the Content of this Website is forbidden under Clause 2 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and Secret Escapes makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
- 17.4 Whilst every effort has been made to ensure that all descriptions of services available from Secret Escapes correspond to the actual services available, Secret Escapes is not responsible for any variations from these descriptions.
- 17.5 The Website may contain opinions, recommendations, statements and information provided by third parties. Secret Escapes does not represent, endorse or guarantee the truthfulness, accuracy or reliability of any such third party Content, or endorse any opinions or recommendations expressed by such third parties. Users understand and agree that you download or otherwise obtain material or data through the use of the Website at your own discretion and risk and any reliance on third party Content will be at your own risk. You agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material or data.
- 17.6 Secret Escapes shall not be liable for and accepts no responsibility for any information presented by a third party (including Suppliers), including but not limited to pricing, liability in connection with bookings and cancellations, performance of any contracts entered into between you and Suppliers, or any other circumstances that may arise during your trip.
- 17.7 Secret Escapes cannot guarantee that the Website is free from infection by viruses or anything else that has contaminating or destructive properties. You must not misuse the Website by 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.
- 17.8 Any destination/attraction/tour/travel guide information on this Website written or provided by Secret Escapes is purely for information. Secret Escapes endeavours to ensure that such information is accurate, however Secret Escapes provides no guarantee that such information is accurate. This information does not form part of your agreement with any third party including Suppliers) and is provided solely as additional background content. Secret Escapes shall not be held liable in any
18. Availability of the Web Site
- 18.1 The Service is provided "as is" and on an "as available" basis. We give no representation, guarantee or warranty that the Service will be free of defects and / or faults, and/or available. To the maximum extent permitted by the law we provide no representation, guarantees or warranties (express or implied) that the Service is fitness for a particular purpose, compatible with the facilities that you access the Service from and/or is of satisfactory quality.
- 18.2 Access to the Website is permitted on a temporary basis and Secret Escapes reserves the right to withdraw or amend the service provided on the Website without notice. Secret Escapes shall not be liable if for any reason the Website is not available at any time or for any period.
- 18.3 Whilst Secret Escapes makes every effort to keep information and Content featured on the Website up-to-date and accurate, however Secret Escapes makes no guarantees that the information and/or Content on the Website is accurate or up-to-date. If it is discovered that any of the information and/or Content on the Website is inaccurate, then Secret Escapes will use its reasonable endeavours to correct any errors or omissions as quickly as possible after being notified of them.
- 18.4 Secret Escapes accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship, or where Secret Escapes is updating the Website in any way.
- 18.5 You are responsible for making all arrangements necessary for you to access the Website.
19. International Use
We make no representation that Content on the Website is appropriate or available for use in locations outside the United Kingdom, and accessing it from territories where the Content is illegal is prohibited. If you choose to access the Website from a location outside the United Kingdom, you do so on your own initiative and you are responsible for compliance with local laws.
20. Limitation of Liability
- 20.1 To the maximum extent permitted by law, Secret Escapes accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein (including the Content) or any reliance on the Website or the Products sold through the Website on behalf of Suppliers, whether in contract, tort (including negligence), breach of statutory duty or otherwise. Users should be aware that they use the Website and its Content at their own risk.
- 20.2 Subject to the clause 20.3 below, Secret Escapes disclaims all liability, representations, warranties, whether express or implied by statute, custom or usage, relating to the information (including the Content) contained on this Website. This does not affect your statutory rights under English law.
- 20.3 Nothing in these terms and conditions excludes or restricts Secret Escapes' liability for death or personal injury resulting from any negligence or fraud on the part of Secret Escapes.
- 20.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with relevant laws, in the event that any of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Travel information
Please note that we can provide general information about the passport and visa requirements for your trip, but 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. Any information supplied by us on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.
The passport, visa and health requirements at the time of booking can be viewed on the Foreign and Commonwealth Office website (www.fco.gov.uk). It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. If you or any member of your party is not a British Citizen or holds a non-British Passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) you are travelling to or through. Neither we, nor the Suppliers of Products, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure.
All notices / communications shall be given to us by email to firstname.lastname@example.org Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Secret Escapes shall be governed by and construed in accordance with the laws of England and Wales (in relation to contractual and non-contractual matters). Both Secret Escapes and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales in the event of any dispute that arises between us (whether of a contractual or non-contractual nature).
26. Force Majeure
Any delay in or failure of performance by Secret Escapes under these Terms and Conditions will not be considered a breach of these Terms and Conditions and will be excused to the extent caused by any occurrence beyond the reasonable control of Secret Escapes including, but not limited, to acts of God, power outages, natural disaster, closure of airspace and governmental restrictions, adverse or severe weather conditions, strikes, civil unrest or threat thereof, or war or threat thereof.
27. Payment Terms
27.1 Bills and Payments
We only accept payments by credit or debit card or via Pay Pal. For your convenience and in order to safeguard your payment information all payments are transacted through the secure server of our on-line payment processing provider and once you have entered all relevant information correctly payments will be taken automatically. Invoices are immediately sent to you by E-mail and may be accessed at any time via your Account.
27.2 Payment Terms
When paying bills, time is of the essence and we ask you to ensure that your card details are valid and that you have sufficient funds available.
In the event that a payment fails we will ask you to provide updated payment details. We may temporarily suspend your Account if an amount remains unpaid for more than 14 days. We reserve the right to charge interest at a rate of 4% per annum over Bank of England Base Rate on all amounts that remain outstanding 30 days after the issue of our invoice.
27.3 Refunds and Cancellations
If you have any query about an amount that has been charged by us to your card, please contact us straight away. In the event that we find a payment has been taken in error we will refund the amount immediately to your credit or debit card.
Refunds are at the sole discretion of Secret Escapes.
27.4 Distance Selling Regulations
Please note that we only provide a platform for Members to purchase items from third party providers and that accordingly the cancellation provisions under the Distance Selling Regulations 2000 do not apply to your purchase of items from third party providers through this Web Site.
27.5 Credit and Incentives
There is no limit to the amount of Secret Escapes Credit you can acquire. In fact we'd love you to tell all of your friends about us. However, credit gained through "gaming" the system, such as creating multiple fake accounts, will not be considered valid and will be cancelled when detected. Referral credits can be redeemed against any purchase you wish to make totalling over £100. You cannot apply any referral credits to a purchase totalling less than this amount. This £100 threshold does not apply to other forms of account credit (refunded credit, gesture of goodwill, etc.), which can be used against purchases of any amount. Credit will remain in your account for up to 12 months, unless an expiry date is specified.
27.6 Changes to the Terms and Conditions of this User Agreement
Secret Escapes reserves the right to make changes to these Terms and Conditions as it deems appropriate from time to time, or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the amended Terms and Conditions on your first use of the Website following the alterations. In the event that there are any material changes to these Terms and Conditions, Secret Escapes will use reasonable endeavours to advise you that changes have been made but it is your responsibility to check regularly for updates to these Terms and Conditions. Each version of these Terms and Conditions will have an effective date from which it applies posted at the commencement of the Terms and Conditions. Unless stated otherwise, the currently effective Terms and Conditions apply to your use of the Website and the Service.
29. Entire relationship
- 29.1 There Terms and Conditions and any documents or policies referred to herein shall govern the entire relationship between the parties to the exclusion of any other terms.
- 29.2 It is not the intention of the parties to confer any rights on any third parties by virtue of these Terms and Conditions and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions.
30. Online Dispute Resolution
- The European Commission provides an online dispute resolution platform, enabling consumers to solve disputes arising in the context of online sales or service contracts out-of-court firstly. The online dispute resolution platform is available under the following external link: http://ec.europa.eu/consumers/odr/ .