1.1 In these terms and conditions, "we" and "us" means Hotel Treats Ltd, a company registered in England (registration number: 10740788, registered office: International House, 24 Holborn Viaduct, London, England, EC1A 2BN)
1.2 These terms and conditions govern your use of our website: https://www.hoteltreats.com (the “Website”) and it’s subsites. Together with our privacy and cookies policy, they constitute the entire agreement between you and us and supersede all previous agreements between you and us
1.3 By using our website, you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, you must not use our website.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
User: A person using the Website, whether or not they have purchased a Voucher
Voucher Buyer: A person who used the Website to purchase a voucher
Voucher Beneficiary: A person who redeems a voucher
Service Provider: A company (such as Hotel, Spa or Restaurant) which provides experiences published on the Website
Voucher: a document issued at the end of the purchase process proving eligibility to use an experience offered on the Website.
3. Copyright notice
3.1 Copyright (c) 2020 by Hotel Treats Ltd.
3.2 All content, such as but not limited to the name ‘Hotel Treats’, product descriptions, logos, pictures, website design, and all software compilations, source code, software and other registered and unregistered trademarks are trademarks belonging to us, our subsidiaries or the providers of such materials. All rights are reserved. None of this material may be reproduced or redistributed without our written permission.
4. Acceptable use
4.1 You must not:
(a) use our website in any way that may cause damage to the website, its performance, availability or accessibility
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) conduct any systematic or automated data collection activities (including but not limited to scraping, data mining, data extraction and data harvesting) on or in relation to our website
(d) violate the directives set out in the robots.txt file for our website
4.2 We reserve the right to suspend or cancel your account or restrict access to areas of our website, or the whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4.3. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5. Our role
5.1 We act as an intermediary between voucher Buyers and Service Providers such as Hotels, Spas, Restaurants, Golf Courses and similar establishments.
5.2 We are not a party to nor involved in any transaction between a voucher Buyer or Beneficiary and a Service Provider in any way, except for facilitating a marketplace for voucher Buyers and Service Providers.
5.3 We are not the agents for any voucher Buyer or Beneficiary and Service Provider, and accordingly we will not be liable to any person in relation to the offer for sale or supply of any services advertised on our website.
5.4 We are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or supply of any services and we will have no obligation to mediate between the parties to any such contract.
5.5 We have contracts in place with Service Providers regarding their performance and supply and we strive to ensure services are provided to exacting standards. However, the ultimate responsibility for services provided lies directly with the Service Providers.
5.6 By purchasing a voucher you acknowledge that provision of services is dependent on certain factors beyond our control and agree that we are not liable for the cancellation, postponement or alteration of a voucher for reasons beyond our reasonable control including but not limited to weather-related reasons, insolvency or otherwise.
5.7 In case the Service Provider does not provide the service adequately, or if you have any claims in relation to the service received, please contact the Service Provider directly. If you are not happy with the proposed resolution please contact us at firstname.lastname@example.org.
6. Limitations and exclusions of liability
6.1 We make every effort to monitor the experience fulfilled by the Service Providers, however, any liability incurred by the voucher Buyer or Beneficiary caused by the Service Provider’s negligence is the responsibility of the Service Provider. We shall not be liable for any loss, damage, death or personal injury, of the voucher Beneficiary or third party while enjoying a product sold.
6.2 We will not be liable in respect of any losses arising out of any event or events beyond our reasonable control.
6.3 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.
7.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
7.2 Hotel Treats Ltd. shall not be liable for additional expenses incurred through travel delay, Acts of God, force majeure or events beyond our control. Force majeure or unavoidable and extraordinary circumstances are unusual and unforeseeable circumstances beyond our control such as war or threat of war, riots, civil unrest, terrorist activity, industrial disputes, natural or nuclear disaster, significant risks to human health such as the outbreak of a serious disease, fire or adverse weather conditions. The above will also apply to the liability of our Service Providers.
8. The buying process
8.1 When purchasing a voucher you enter into a contract with the Service Provider (such as a hotel, spa or restaurant).
8.2 Your payment will be processed by our payment service provider (MANGOPAY SA).
(a) Before continuing with the payment you must review and agree to their terms: MANGOPAY Payment Service Framework Agreement - General Terms and Conditions
(b) you will be transferred to the service of the appointed payment service provider (MANGOPAY SA), and the payment service provider will handle your payment to the service provider; you must submit payment in full via credit or debit card;
(c) the website will then send you an automatically generated acknowledgement of payment;
(d) once the payment has been processed, you will be sent an order confirmation, at which point the order will become a binding contract between you and the Service Provider.
9. Distance contracts: cancellation right
9.1 You may cancel a purchase of your voucher for a full refund at any time within 14 days of making the purchase, unless:
- You have started using your voucher in that period, or
- Your order was for accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities, if the voucher provides a specific date or period of performance.
9.2 To cancel your purchase, please contact us on email@example.com
9.3 We will refund your money using the same method you used to make the payment. Please allow up to 5 working days for the funds to clear
10. User reviews
10.1 If you have purchased services through our website, you may be able to submit reviews for publication on the website. Your reviews must be honest, reasonable and bona fide.
10.2 You acknowledge that we may publish and otherwise use, in conjunction with your reviews, the name you provide to us, but we shall have no obligation to do so.
11. Limited warranties
We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available
(d) that all images on the Website and in the Voucher correspond to the experiences being sold.
12. Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations and we do not accept any responsibility for them or for any loss or damage that may arise from your use of them.
We may revise these terms and conditions from time to time. Revised terms and conditions will come to effect the moment they are published and the old will no longer be available. You waive the right to be notified of, or to consent to, revisions of these terms and conditions.
Each point and sub-point of these terms operates separately. If any relevant authority declares any of them are unlawful, the remaining points and sub-points will remain in full force and effect.
15. Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
16. Statutory and regulatory disclosures
The website of the European Union's online dispute resolution platform is available at http://ec.europa.eu/odr.
17. Our details. You can contact us:
(a) by post, using the postal address given above;
(d) by email, using firstname.lastname@example.org.
These Terms and conditions were last updated on the 30th of September 2020.