WEB SITE TERMS AND CONDITIONS
These are the terms and conditions ("Consumer Terms and Conditions") which govern your use of the web site which you will require to access to purchase an Exclusive Hotels on-line gift voucher (the "Web Site"). By reading and accepting these Consumer Terms and Conditions, you will be automatically transferred to the Web Site and will be bound by these Consumer Terms and Conditions.
We, Exclusive Hotels reserve the right to vary these Consumer Terms and Conditions from time to time. It is your responsibility to regularly review these Consumer Terms and Conditions before each purchase to keep up to date with any changes to them.
1. Purchase
1.1 The Web Site offers gift vouchers for sale ("Gift Voucher").
1.2 No contract for the sale of any Gift Voucher will subsist between you and Exclusive Hotels unless and until Exclusive Hotels accepts your order by way of an email detailing that payment has been received in full, the content of the Gift Voucher purchased and confirming your details (the "Confirmation"). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Exclusive Hotels sends the Confirmation to you (whether or not you receive that Confirmation) . The Confirmation amounts to an acceptance by Exclusive Hotels of your offer to buy gift voucher(s) from Exclusive Hotels or a third party supplier that is engaged on your behalf by Exclusive Hotels.
1.3 You must check that the details of the Confirmation are correct as soon as possible and you should print out and keep a copy of it.
1.4 Payment shall be taken on our behalf by SK Chase Limited as agent for us by credit or debit card (Mastercard, Visa, Delta or Switch).
1.5 You undertake that all details you provide to Exclusive Hotels for the purpose of ordering Gift Voucher are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the Gift Voucher ordered.
1.6 In order to protect your details during ordering, the Web Site uses a software package known as Secured Sockets Layer (SSL), which is indicated by a padlock which will appear in the bottom left hand corner of the web browser (grey border area of the screen).
2. Issuing Gift Vouchers
2.1 Each Gift Voucher sold is subject to terms and conditions of use which can be viewed on the Web Site alongside each individual Gift Voucher.
2.2 We shall be responsible for issuing, posting first class (or special delivery if requested) and performing any other terms set out in the Confirmation. The Gift Voucher should be issued and posted within three (3) days of sending out the Confirmation, although you must bear in mind that during busy holiday periods it might take longer longer. We accept no liability for any delay which may occur in the delivery times.
3. Complaints Procedure and Returns
3.1 Please remember that the terms and conditions which will apply to each Gift Voucher will be individual to each Gift Voucher and can be viewed on the Web Site alongside each individual Gift Voucher. Subject to paragraph 3.2 below, our policy on cancellations or refunds will be in accordance with the terms and conditions of each individual Gift Voucher.
3.2 All Gift Vouchers are non-refundable and non-transferable unless otherwise agreed by us.
3.3 All specific arrangements regarding booking dates and times must be made directly with us, and we recommend that you reconfirm any arrangements made with us a few days before the event to avoid disappointment. We will use all reasonable endeavours to meet your request but cannot guarantee any specific date or time.
3.4 Nothing in the Consumer Terms and Conditions or any additional terms and conditions applicable to a Gift Voucher alter or affect your statutory rights.
4. Liability
4.1 This section applies only to the extent permitted by law. For the avoidance of doubt, Exclusive Hotels do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Exclusive Hotels negligence or wilful default, or that of Exclusive Hotels employees, agents or subcontractor or (b) fraudulent misrepresentation.
4.2 In the event that Exclusive Hotels breach their contract with you, Exclusive Hotels shall be responsible only for refunding the cost of the Gift Voucher. Exclusive Hotels shall not be liable to pay any other compensation or losses suffered by you as a consequence of Exclusive Hotels breach of contract.
4.3 Exclusive Hotels agree to provide the services for which the Gift Voucher was purchased in accordance with the description on the Web Site, at all times with reasonable skill and care. Exclusive Hotels make no other warranty or representation.
5. Copyright
The Web Site is protected by copyright, and other intellectual property rights and laws. You may view the Web Site and download part(s) of it to a personal computer for personal viewing for private purpose, but for no other purpose whatsoever. NONE OF THE CONTENT MAY BE DOWNLOADED, COPIED, REPRODUCED, TRANSMITTED, STORED, SOLD OR DISTRIBUTED FOR ANY NON PERSONAL PURPOSE WITHOUT OUR PRIOR WRITTEN CONSENT.
6. Privacy
6.1 Your privacy is important to us, and we are committed to maintaining the privacy of any personal information received from you. We subscribe to the principles of UK data protection legislation. By giving us your details you accept that we will be able to use them for operational purposes including providing your details to our payment collector, SK Chase Limited.