These Booking Conditions, together with our privacy policy and where your holiday is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with BookYourHotels Ltd, Registered Office: BookYourHotels Ltd, 2A West Street, Ewell Village, Surrey, KT17 1UU, Company No: 12305302, ("we", "us", "our"). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
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he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
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he/she consents to our use of information in accordance with our Privacy Policy;
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he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
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he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
We offer various accommodation that are all available to be purchased separately. In other words, you may decide to just purchase one or more different stays in accommodation from us. Whatever you decide, we will treat each element as a separate booking so that the price charged in total for the booking of more than one accommodation will always equal the prices charged separately for each individual accommodation. To help you to identify which accommodation you would like to book, prices on our website are listed separately and are available to buy separately at the same price as they would be if more than one stay in accommodation is booked. This means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992.
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Booking and Paying for your Arrangements
A booking is made with us when you pay us a deposit (or full payment, if required at the time of booking) and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking and will be sent to you.
Upon receipt, if you believe that any details on the booking confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.
The balance of the cost of your arrangements (including any applicable surcharge) is due by the date advised to you at the time of booking. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 7 below will become payable.
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Pricing
The price of your arrangements will be confirmed at the time of booking.
We reserve the right to amend the price of unsold arrangements at any time and correct errors in the prices of confirmed bookings.
The price of your confirmed booking is subject at all times to changes in transport costs, such as fuel, which are part of our contracts with transport provider's; to cost changes arising from government action such as changes in VAT or any other government imposed changes; and to changes in the currency exchange used to calculate your arrangements any or all of which may result in a variation of the price of your arrangements.
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Accuracy and Descriptions
We endeavour to ensure that all of the information and prices both on our website and in any of our advertising material are accurate; however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
Given the volume and the continual change of arrangements offered (new deals are continuingly coming on line and existing ones can change or be recalled at any time) we have to rely on the product descriptions provided by our intermediary suppliers. Whilst we have no reason to doubt the information provided please do not hesitate to independently research the hotel deals offered especially if any service or facility is essential to your stay.
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Insurance
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including cancellation charges, medical expenses and repatriation in the event of accident or illness. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
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Cutting your Booking Short
If you are forced (or if you choose) to return home early, we cannot refund the cost of any services you have not used. If you cut short your arrangements and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your arrangements not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
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Changes by You
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable.
Please note: Certain arrangements may not be amended, even to change a name, after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
If fewer people travel than originally booked there may be extra charges to pay which will be advised to you when you make the changes.
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If You Cancel
Notifying us of your intention to cancel
If you or any other member of your party decides to cancel your confirmed booking you must notify us as soon as possible. Your notice of cancellation will only take effect when it is received in writing by us s and will be effective from the date on which we receive it.
The manner by which you should inform us of your intention to cancel a confirmed booking depends on how you made your booking with us, in the first place; as follows:
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where you made your booking online: any requests to cancel your booking should be submitted to us, via our online system; or
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where you made your booking via the telephone: you should advise us in writing via e-mail, text (from the number provided to us, at the time of booking) or, if there is sufficient time before departure, letter sent by recorded delivery.
Where you have pre-registered a mobile number with us, we will accept an instruction received from this source as genuine (you should therefore be aware of this and take care to keep the mobile safe and secure). We will, however, require you to quote your holiday reference, should you wish to contact us via text.
Cancellation Charges
Cancellation Charges as stipulated by the Hotel
Many of the suppliers of hotels that we feature apply specific and pre-advised cancellation charges, in respect of any bookings that are made. Where this is the case, we will advise you of the prevailing cancellation charges, at the time of booking and those charges will apply to your booking.
Our Cancellation Charges
In all other cases, you will have to pay the cancellation charges set out in the table below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling:
Number of days prior to departure when written confirmation is received by us: Cancellation charge as a % of total price of the element(s) of the booking cancelled: 56 days or more Deposit 55-29 days 50% 28-15 days 70% 14-8 days 90% Less than 7 days 100% Please Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
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Changes or Cancellations by Us
We may in exceptional circumstances be required to cancel your booking in which case we will provide you with a full refund of all monies paid. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
No refund will be paid if we cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by "force majeure" (see clause 10 below) to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.
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Late Arrivals
If you have (or expect to have) a late or delayed arrival, we would ask that you promptly advise both ourselves and, if possible, your accommodation provider. This is to ensure that (as far as is possible) arrangements may be made to accommodate your late arrival and, in addition, to guard against the hotel in question cancelling your booking, as a no-show.
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Force Majeure
Except where otherwise expressly stated in these booking conditions, we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster, adverse weather conditions and all similar events outside of our own or the relevant supplier(s) control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
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Our Liability
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We have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the booking in question or any acts or omissions of the supplier, its employees or agents.
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We will have no liability for any personal injury that arises during your use of the services, unless any such injury is caused by our negligence. Please note that it is your responsibility to show that we have been negligent if you wish to make a claim against us and whether or not we have acted negligently will be judged in accordance with the local health and safety standards.
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We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
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The act(s) and/or omission(s) of the person(s) affected;
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The act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
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Unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
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An event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
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We limit the amount of compensation we may have to pay you if we are found liable under this clause in the following ways:
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Loss of and/or damage to any luggage or personal possessions and money
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the applicable excess on your travel insurance policy because you are assumed to have adequate insurance in place to cover any losses of this kind.
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Claims not falling under (a) above or involving injury, illness or death
The maximum amount we will have to pay you in respect of these claims is the price paid by or on behalf of the person(s) affected in total.
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It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves strictly in accordance with the complaints procedure set out in these conditions.
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Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
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Please note we cannot accept any liability for:
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Any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or
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Any business losses.
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We will not accept responsibility for services or facilities which do not form part of our agreement with you or where they are not advertised on our website. For example any excursion you book whilst away.
Accommodation Ratings, Building & Development Work
All classifications of properties have, wherever possible, been taken from official ratings. We cannot accept responsibility for changes occurring after publication on our website.
We will endeavour to advise you of any building or refurbishment work underway at any property you have booked; we cannot anticipate where work will take place outside of the grounds. We strive to maintain high standards in the accommodation that we offer, and as such there may be the necessity for some ad-hoc and unforeseeable maintenance work.
Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
Disabilities and Medical Problems
We are not a specialist disabled travel company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
Complaints
We make every effort to ensure that your chosen arrangements run smoothly but if you do have a problem during your trip, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact contact@bookyourhotels.com.
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us either via e-mail - contact@bookyourhotels.com - or via post to BookYourHotels Ltd, 2A West Street, Ewell Village, Surrey, KT17 1UU within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier's ability to investigate your complaint, and will affect your rights under this contract.
Please note that we do not offer an Alternative Dispute Resolution service. You can however access the European Commission Online Dispute (ODR) Resolution platform at ec.europa.eu/consumers/odr. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
Your Behaviour
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guest. If in our opinion or in the opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our guests or any third party or damage to property, we reserve the right to terminate your booking arrangements with us immediately.
In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party.
Full payment for any such damage or losses must be paid directly to the hotel manager or other supplier prior to departure from the hotel. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
Excursions
Excursions or other tours that you may choose to book or pay for whilst taking part in your booked arrangements are not part of your contract with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your booking. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit gov.uk/browse/citizenship/passports.
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check usembassy.org.uk. For European holidays you should obtain a completed and issued form EHIC prior to departure.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit gov.uk/travelaware.
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
Conditions of Suppliers
Many of the services which make up your booking are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
Foreign Office Advice
You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure (see clause 10).
Jurisdiction
These Booking Conditions and any agreement to which they apply are exclusively governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be subject to the exclusive jurisdiction of the Courts of England and Wales.