croatia.defected.com is a website operated by Defected Records Limited ("we", "us" or "Defected"), incorporated and registered in the England and Wales, whose registered office is at 23 Curtain Road, London, EC2A 3LT, United Kingdom. Our Company registration number is 03643252. Our VAT number is GB 796393664.
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). You must be aged 18 or older to use our Site and Service. We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact firstname.lastname@example.org straight away to let us know. We can deactivate your account at any time.
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.
These content standards apply to any and all material which you contribute to our Service (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted. Contributions must not:
• contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trademark of any other person;
• be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
• be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
• immediate, temporary or permanent withdrawal of your right to use our Service;
• immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
• issuing of a warning to you;
• legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
If you have any concerns about material which appears on our Service, please contact email@example.com
FESTIVAl TICKET POLICY
These Conditions govern all Tickets issued for the Event and the admission to the Venue(s) and should be read in accordance with the Conditions of Entry and the conditions of the Official Ticketing Agent. Where you have purchased a Travel Package, these Conditions govern your contract with us in addition to all other written information brought to your attention before your booking was confirmed, including but not limited to the Essential Information document. All capitalised terms used in these Conditions shall have the meanings given to them in the ‘Definitions’ section of these Conditions, below. All Tickets are issued either by us or on our behalf. Any person who purchases, possesses, uses or attempts to use any Ticket shall be deemed to have accepted and agreed to comply with these Conditions. In the case of any conflict or ambiguity between these Conditions and the Conditions of Entry or conditions of the Official Ticketing Agent(s), these Conditions will prevail.
When used in these Conditions, the following capitalised terms shall have the following meanings:
“Authorised Person(s)” means collectively all Event management, Venue(s) management, Police, public bodies and agencies responsible for safety and security in connection with the Event or the Venue(s), and their respective staff, officials, representatives, officers and volunteers;
“Conditions” means these terms and conditions and the Conditions of Entry which are incorporated into these Conditions by reference together with any amendments or updates to the same issued by or on our behalf from time to time;
“Event” means any show booked through us.
“Face Value” means the specified price of the Ticket only (including United Kingdom value added tax thereon) as stated on the relevant Ticket, and excludes any Handling Fee (or part thereof) or other fees or charges paid by the Ticket Purchaser in respect of that Ticket (including postage or courier charges);
“Handling Fee” means the fee payable per Ticket transaction or order, charged in addition to the Face Value of the Ticket, for the processing and delivery of Tickets in that transaction or order (including United Kingdom value added tax thereon);
“Official Ticketing Agent” means our official appointed ticket agent(s) for the Event, including without limitation Easol Trading Limited t/a Easol, each acting as our agent;
“Original Sale Price” means the specified price of each Ticket plus any Handling Fee (or part thereof) and other charges necessary to effect the sale or trade of that Ticket (including postage or courier charges);
“Prohibited Item(s)” means any items which we or any Authorised Person deem to be dangerous or inappropriate including (without limitation) those items specified in sub-paragraphs 27(b)(c) and (d) of these Conditions and any further items listed at www.defected.com from time to time;
“Conditions of Entry” means the security protocols and the public order and safety conditions of admission to the Venue(s), as the same may be amended, supplemented or replaced by us or the Venue(s) from time to time; "Ticket" means any ticket (whether a hard copy ticket or an e-ticket) evidencing a personal revocable licence from us for an individual to attend the Event and the Venue(s) in accordance with the details indicated thereon;
"Ticket Holder” means any individual possessing, holding or using a Ticket, including (without limitation) the Ticket Purchaser or any person to whom the Ticket was issued or transferred;
“Ticket Purchaser” means the individual who has purchased a Ticket or Tickets through the Event’s Official Ticketing Agent, whether on its own or as part of a Travel Package;
“Travel Package” means a combination of accommodation and/or transport plus a Ticket and/or other tourist services covering a period of at least 24 hours and sold at an inclusive price;
“Venue(s)” means the entire premises where the Event is scheduled to take place including all third party venue(s) used by us in connection with the staging of the Event;
“We” means ITH Ltd a company incorporated in England and Wales with company number 04647550 whose registered office address is: Ground Floor, 23 Curtain Road, London, United Kingdom, EC2A 3LT (and, solely where payments are concerned, means our Official Ticketing Agent);
“Wristband” means any valid wristband given to a Ticket Holder in exchange for their Ticket at the Event, which may be embedded with an RFID chip if it is a cashless (or partly cashless) Event;
“You” means the Ticket Holder, or the Ticket Purchaser and/or for Travel Packages, 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.
Ticket Purchase and Delivery
Ticket Use & Prohibitions on Transfers
in each case without our prior written approval.
Refunds & Cancellation
b) of these Conditions.
Venue(s) Entry & Requirements
Media & Recordings
RFID (Radio Frequency Identification)
Travel Packages - Booking Terms & Conditions
The following Conditions apply only to Travel Packages booked with us. For the Conditions applicable to Tickets, Events and Venue(s), please refer to the main Conditions above.
We also reserve the right to increase the price of Travel Packages solely to allow for increases which are a direct consequence of changes in:
You will be charged for the amount of any increase in accordance with this clause. However if this means that You have to pay an increase of more than 8% of the price of your confirmed Travel Package (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), You will have the option of accepting a change to another package if we are able to offer
one (if it is of lower quality You will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should You decide to cancel for this reason, You must exercise Your right to do so within 7 days from the issue date printed on Your final invoice. Should the price of Your Travel Package go down due to the changes mentioned above, then any refund due will be
paid to You less an administrative fee of £30. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of Your Travel Package due to contractual and other protection in place. There will be no change made to the price of Your confirmed Travel Package within 20 days of Your departure nor will refunds be paid during this period.
£30 per person
£30 per booking
£30 per booking
£15 per person
Change to Optional Extras
£15 per extra
Important Note: Certain Travel Packages may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the Travel Package.
Period before departure in which You notify
60 days or more
59 – 41 days
50% of total booking cost
40 – 25 days
75% of total booking cost
24 days or less
100% of total booking cost
Please note that insurance premiums and amendments charges are not refundable in any circumstances.
Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above. Furthermore, please note that where You have opted to pay Your balance using our payment plan, You will be required to pay the full applicable cancellation charge as stipulated in the table above, in the event You decide to cancel Your booking. This means You may have an outstandin payment to us at the time of cancellation which You must pay to us at the time of cancelling. If the reason for Your cancellation is covered under the terms of Your insurance policy, You may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies You have already paid to us where we are able to do so, otherwise we will request the payment from you. The above cancellation terms only apply to Travel Packages.
Cancellation by You due to Unavoidable & Extraordinary Circumstances:
You have the right to cancel your confirmed Travel Package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your Travel Package destination or its immediate vicinity and significantly affecting the performance of the Travel Package or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional
compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign, Commonwealth and Development Office advises against travel to your destination or its immediate vicinity. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
This clause 10 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If we have to make a significant change or cancel, we will tell You as soon as possible and if there is time to do so before departure, offer You the choice of:
You must notify us of Your choice within 7 days of the offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If You fail to respond again within 7 days, we will assume that You have chosen to accept the change or alternative travel package.
Important Note: We will not pay You compensation where we:
If we become unable to provide a significant proportion of the Travel Package that You have booked after You have departed, we will, if possible, make alternative arrangements for You at no extra charge and where the alternative Travel Package is of a lower standard, provide you with an appropriate price reduction.
This clause only applies to changes or cancellation by us to Your Travel Package booking. For changes or cancellation to the Event, please see the main Conditions above.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or
refunds where possible, we will not be liable to pay you any compensation.
Our Responsibilities for the provision of Your Travel Package
providers or otherwise, which are not set out in your Booking Confirmation
Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
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 https://www.gov.uk/browse/citizenship/passports.
For European travel you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure unless you are able to rely upon an existing European Health Insurance Card (EHIC).
Up to date travel advice can be obtained from the Foreign,Commonwealth and Development Office, visit https://www.gov.uk/travelaware.
Non-British passport holders, including other EU nationals, should obtain up to date advice on entry, passport, visa, health and immigration 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 entry, 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 entry, passport, visa, immigration requirements or health formalities.
Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe.
If you want to cancel your booking, or part of it, you should contact us as soon as possible. Cancellation may not be possible depending on the type of your booking and timing of your request and any cancellation is at our discretion.
This cancellation policy does not affect any of your statutory rights as a consumer.
Where cancellation is acceptable, how much it costs to cancel your booking, varies depending on how much time there is before you're due to travel.
Our standard cancellation charges cover the cost of processing your cancellation and to compensate us for the risk that we may not be able to resell your travel arrangements.
The cancellation charge may be higher for certain travel arrangements, such as coach tours or scheduled airfares. Please ask for details of cancellation charges when you book and check your insurance policy to see if you'd be covered for the cost of any cancellation charges.
Period before departure in which You notify
60 days or more
59 – 41 days
50% of total booking cost
40 – 25 days
75% of total booking cost
24 days or less
100% of total booking cost
Any refund shall be made less any platform, transaction and processing fees that have been incurred.
Please also see our Terms and Conditions of Sale for further details.
Ver: May 2020
Terms of Sale
o Supplier name: Verso
o Supplier company number: 11734834
o Supplier registered office: 6th Floor Charlotte Building, 17 Gresse Street, London, United Kingdom, W1T 1QL
o Email Address: firstname.lastname@example.org
o Phone Number: 0208 050 2702
Verso Ltd is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, if you book your accommodation and ticket with us constituting a package, then at no extra cost to you, and in accordance with the current Package Travel Regulations all passengers booking packages with Verso are fully insured for the initial deposit, and subsequently the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of Verso
This Policy is issued by Evolution Insurance Company Limited which is registered in Gibraltar No. 88737 with a registered office at 5/5 Crutchett’s Ramp, Gibraltar, GX11 1AA.
Evolution Insurance Company Limited is authorised and regulated by the Financial Services Commission in Gibraltar and authorised and subject to limited regulation by the Financial Conduct Authority (FCA) in the UK. Details about the extent of our authorisation and regulation by the FCA are available from us on request.
In the unlikely event of Insolvency of Verso please follow the procedures below:
Claims should be submitted in writing, supported by documented evidence quantifying the value of the claim, to: Evolution Insurance Solutions Limited, 53A High Street, Saffron Walden, Essex, CB10 1AA or via email to email@example.com
Policy exclusions: This policy will not cover any monies paid back to you by your Travel Insurance or any losses which are recoverable under another insurance or bond (with the exception of Credit and Debit card). This policy will also not cover any loss sustained by Passenger(s) booked on a flight-inclusive package sold and commencing within the United Kingdom
Policy Period covers bookings made within the dates specified regardless of date of travel
If you book your accommodation and festival ticket separately then Verso acts as an agent on behalf of your accommodation provider and accepts no liability due to its agency status.
TERMS AND CONDITIONS OF SALE
The following definitions and rules of interpretation apply in these Conditions.
'Business Day' a day other than a Saturday, Sunday or public holiday in [England], when banks in London are open for business.
'Charges' the charges payable by the Customer for the supply of the Services in accordance with clause 4.
'Contract' the contract between the Supplier and the Customer for the supply of Services in accordance with these terms and conditions.
'Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical measures' as defined in the Data Protection Legislation.
'Customer' the person or who purchases Services from the Supplier; “you”.
'Data Protection Legislation' all applicable data protection and privacy legislation in force from time to time in any applicable jurisdiction, including the General Data Protection Regulation ((EU) 2016/679), any local implementation thereof and including in the UK the Data Protection Act 2018; the Privacy and Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
'Front Sheet' the front sheet to these Conditions setting out details of the Supplier.
‘Platform Provider’ means Easol Travel Limited.
'Intellectual Property Rights' patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill and the right to sue for passing, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
'Services' the experiences, events, goods and services made available by the Supplier to the Customer on the Website or otherwise provided by the Supplier to the Customer.
'Supplier' the supplier of the Services, with our details set out in the Front Sheet; “we” or “us”.
‘Website’ means the Supplier’s ecommerce site which is hosted by the Platform Provider.
1.2.1 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
1.2.2 Unless the context otherwise requires, any reference to European Union law that is directly applicable or directly effective in the UK at any time is a reference to it as it applies in England and Wales from time to time including as retained, amended, extended, re-enacted or otherwise given effect on or after 11pm on 31 January 2020.
1.2.3 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.2.4 A reference to writing or written includes fax and email.
2. CONTRACT FOR SERVICES
2.1 The booking constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2.2 These Conditions will apply to all bookings you make with us, including bookings under the Package Travel Regulations. Appendix 1 sets out additional terms that will apply only when you make a booking that is covered by the Package Travel Regulations.
2.3 The booking shall only be deemed to be accepted when the Supplier or any person authorised by the Supplier issues a confirmation of the booking (“Booking Confirmation”) at which point and on which date the Contract shall come into existence.
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.5 Any quotation given by the Supplier shall not constitute an offer.
2.6 Our Website is run on the platform operated by the Platform Provider. The Platform Provider has no control over the products or services or any of the information or content on the Website. • Any booking or order for a product or service that you make on the Website is between you and Supplier. There is no contractual relationship between you and the Platform Provider in relation to the Website or any products or services on that site. If you have any questions, concerns, complaints, or wish to cancel your order or booking, you should contact the Supplier directly.
2.6.1 Nothing in this Contract shall affect the Customer's applicable statutory rights as a consumer.
3. CUSTOMER'S OBLIGATIONS
3.1 The Customer shall:
3.1.1 Ensure that the terms of the booking, and any information it provides are complete and accurate;
3.1.2 Co-operate with the Supplier in all matters relating to the Services;
3.1.3 Provide the Supplier and/or the Platform Provider with such information as the Supplier and/or the Platform Provider may reasonably require in order to process the order and supply the Services, and ensure that such information is complete and accurate;
3.2 The following restrictions apply in respect of purchasing Services:
3.2.1 Bookings may only be made by individuals who are 18 years or over.
3.2.2 You may book on behalf of yourself or another. The Customer who makes the booking shall be responsible for all deposits and payments due.
3.2.3 Certain Services may only be suitable for certain types of individuals. Customer must carefully review the criteria and waivers for you and travellers in your group to agree to. Female travellers in an advanced stage of pregnancy on the date of departure may be required to present a doctor’s certificate evidencing their fitness for travel. Not all Services are suitable for individuals with reduced mobility. If you have any questions, please contact us to discuss whether the Services are suitable for you and your party before booking.
3.3 You must take responsibility for the safeguarding of your personal belongings while participating in the Services (from the point of departure to return, including all scheduled activities). No responsibility can be taken by Supplier for any loss or damage to you or a travelling party’s personal belongings.
3.4 Supplier accepts no liability for any incorrect information given by you whether in relation to you or others that you are booking on behalf of. Services may not be provided if incorrect information is given.
3.5 If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):
3.5.1 Without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend or terminate performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations;
3.5.2 The Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 3.5; and
3.5.3 The Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
4. CHARGES AND PAYMENT
4.1 The price of the Services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, before or after your booking. If there are increases in prices after your Booking Confirmation, you will be notified and given an opportunity to accept the new price or terminate the Contract without any liability for you or us (less any platform, transaction and processing fees that have been incurred).
4.2 Despite the Supplier’s best efforts, some of the Services listed on the Website may be incorrectly priced. The Supplier expressly reserves the right to correct any pricing errors on the Website and or pending reservations made under an incorrect price, even after Booking Confirmation. If the change is made after Booking Confirmation, the Supplier shall offer Customer the opportunity to keep the booking at the correct price or terminate the Contract without any liability for your or us (less any platform, transaction and processing fees that have been incurred). The Supplier is under no obligation to provide Services at an incorrect (lower) price, even after confirmation of the booking has been sent.
4.3 Your payment to us may be processed on our behalf by the Platform Provider or its appointed third party payment processing provider. The Platform Provider receives the monies you pay to it as a payment agent for the Supplier.
4.4 The balance of all monies due for bookings (less any deposit paid by you) must be received by us no later than the date set out on the relevant page for the Service on the Website or on the confirmation email and invoices issued by Supplier. In the event of your non-payment of the balance by the payment deadline, Supplier reserves the right to cancel the booking and charge cancellation fees.
4.5 If you are paying in a currency (the converted currency) which is different to the primary currency of the listing (the primary currency), any payment and instalments you make towards the booking will be converted based on the exchange rate at the time you make the payment (which may differ to the exchange rate at the time of your booking). For any currency conversions, Supplier (or our service providers) shall add its standard exchange rate fee from time to time in place, as amended from time to time. This shall be added on to the price being paid by you for the Service. Please note, the exchange rate may vary between payment of your instalments for the Service and accordingly the price for the Service may change as a result of the exchange rate fluctuations.
4.6 The Customer should be aware that the local authorities in certain countries can impose additional taxes (tourist tax, etc.), which have to be paid locally. The Customer is exclusively responsible for paying such additional taxes.
4.7 Unless expressly stated otherwise, prices do not include insurance, airline services, excess baggage charges, transport from the airport to the accommodation, visa and vaccination charges or any personal expenses (laundry, telephone, drinks, room service, tips, etc.), nor excursions or the use of sports facilities, nor any more general costs that are not expressly included in the Booking Confirmation.
4.8 If any payment is not paid by the due date Supplier reserves the right to charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
4.9 If we become aware of any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and you shall be liable for all the expenses arising from such cancellation, without prejudice to any other action that may be made against you.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all the Supplier's literature and Website shall remain at all times vested in the Supplier. The Customer is permitted to use this material only as expressly authorised by the Supplier.
5.2 Customer acknowledges and agrees that the material and content contained within the Website is made available for personal non-commercial use only and the Customer may (if necessary to make a purchase on the website) download such material and content. Any other use of the material and content of the Website is strictly prohibited. The Customer agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6. TRAVEL INFORMATION AND INSURANCE
6.1 Please note that Supplier is not responsible for providing passport and visa requirements for your trip. Your specific passport and visa requirements, as well as any other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates. These should be provided to a Supplier where relevant. Any information supplied by Supplier on the Website or otherwise 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.
6.2 The passport, visa and health requirements at the time of booking should be viewed on relevant government websites or by making your own enquiries. 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. We do no accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
6.3 You are encouraged to take out appropriate insurance which adequately covers the risks associated with the Services that you are participating in including the costs relating to assistance, including repatriation, in the event of accident, illness or death.
7. CANCELLATION BY THE CUSTOMER
7.1 Requests by the Customer for cancelling or changing a trip must be submitted to the Supplier promptly. Subject to your statutory rights and your express rights under this agreement, any such requests are at the discretion of the Supplier.
7.2 If a cancellation is accepted by Supplier, Supplier can require a cancellation charge and to charge additional costs incurred as a result of the travel arrangements already made. If there are standard cancellation charges, these will be set out in our separate Cancellation Policy (if applicable for the Service). Where a cancellation affects more than one person on the booking a cancellation charge will be applied in respect of each person on the booking. Please note that the cancellation of the Service may be subject to separate cancellation charges if there are additional costs that have been incurred.
7.3 If a refund is made to you the refund shall be made less any platform, transaction and processing fees that have been incurred.
8. CHANGE OF BOOKING BY THE CUSTOMER
8.1 If after making the booking a Customer wants to change the trip with respect to the date of travel, the destination, the place where the trip starts, the accommodation or the means of transport, the Customer should contact the Supplier. Subject to your statutory rights, any such requests are at the discretion of the Supplier.
8.2 The Supplier has no legal obligation to make such changes but may, at its sole discretion and where feasible, try to accommodate the Customer’s request. Changes depend on availability and a fee may be imposed in the event of a change to a booking. Such fees can be substantial and such costs tend to increase the closer to the departure date that the change is made. For instance, certain elements of the Service (e.g. a flight) may incur a 100% charge.
8.3 Any amendments will be subject to our standard administration charge from time to time in place.
9. CANCELLATION BY THE SUPPLIER
9.1 On rare occasions, the Supplier may have to cancel the Service and reserves the right to do so. If the Supplier has to do so, the Customer will be notified as soon as possible. The Supplier may (at its discretion) also offer an alternative Service if able to do so and inform the Customer of its impact on the price of the booking. If the alternative Service is of a lower quality or cost, the Customer may be entitled to a price reduction at the Supplier’s discretion. If the Supplier cannot offer an alternative, it may at its discretion provide a full refund of any payments made for the Service (less any platform, transaction and processing fees that have been incurred).
9.2 If a refund is made to you any reason, the refund shall be made less any platform, transaction and processing fees that have been incurred.
10. CHANGE OF BOOKING BY THE SUPPLIER
10.1 As elements of the Services are planned in advance (in some cases by many months), from time to time the Supplier may need to make a change to the Services. The Supplier reserves the right to do so at any time. Most changes are minor changes, however, occasionally the Supplier will have to notify Customers of a significant change which it is constrained to make to the main characteristics of the Services, or where it cannot fulfil any special requirements which it has accepted.
10.2 In the unlikely event that the Supplier has to make a significant change to the Services, the Customer will be informed as soon as reasonably possible. The Customer will then have the option to:
(a) accept the proposed change.
(b) reject the proposed change and terminate the Contract with a full refund (less any platform, transaction and processing fees that have been incurred); or
(c) reject the proposed change, terminate the Service and take an alternative one if offered. If the Customer decides to take an alternative Service, they will be informed of its impact on the price of the booking.
10.3 The Supplier may not give any of the above options in the event that a change to the purchased Service is not a significant change. Please note that a change of flight time of less than 120 minutes earlier than the departure time and less than 240 minutes later than the arrival time, a change of airline or aircraft (if originally identified), a change of departure or destination airport to one within the same region, or a change of accommodation to another of the same or higher standard usually qualify as minor changes.
11. Unavoidable and Extraordinary Circumstances
11.1 The Supplier shall have no liability to the Customer under this agreement if it is prevented from or delayed in performing its obligations under this Contract, or from carrying on its business or providing the Services as expected for any Unavoidable or Extraordinary Circumstance.
11.2 An “Unavoidable or Extraordinary Circumstance” shall mean any acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport or telecommunications network, Act of God, war, riot, civil commotion, malicious damage, threat of the spread of any illness or disease or any epidemic or pandemic, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Supplier or sub-contractors.
11.3 Customer is advised to ensure it has appropriate travel insurance in place that covers Unavoidable or Extraordinary Circumstances.
12. LIMITATION OF LIABILITY: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
12.1 Nothing in this section shall exclude or limit our liability where it is not possible to do so under applicable law. Your statutory rights as a consumer remain unaffected.
12.2 Except as set out in the Contract the Supplier accepts no liability for any claims, losses, expenses, damages or liability for the Services, except in cases of our fraud or involving death, injury or illness where the Supplier has caused such damage with negligence.
12.3 If you have any complaint or claim, you must raise this with us in writing within 30 days of the end of your trip. The limitation period begins on the day on which the trip should end, based on the Contract.
13. ACCESS TO WEBSITE
13.1 Without affecting any other right or remedy available to it, the Supplier may suspend or terminate the Customer’s use of the Website at any time without any liability to the Customer.
14.1 Pack Travel Regulations and Linked Travel Arrangements:
14.1.1 If the Service constitutes a Package Holiday under the terms of The Package Travel and Linked Travel Arrangements Regulations 2018 (the “Package Travel Regulations”), the additional terms applicable to Package Holidays set out Appendix 1 shall apply to our Contract.
14.1.2 If the Service constitutes a Linked Travel Arrangement under the terms of the Package Travel Regulations, the additional terms applicable to Linked Travel Arrangements and set out Appendix 1 shall apply to our Contract.
14.1.3 Appendix 1 shall not apply to any Services that are not covered by the Package Travel Regulations.
14.1.4 If and to the extent that there is any conflict or inconsistency between these terms and the terms set out in Appendix 1 in relation to any Services that constitute a Package Holiday, the terms set out in Appendix 1 shall prevail.
14.2 Assignment and other dealings. Supplier may transfer its rights and/or obligations under any Contract to another organisation.
14.3 Variation. Supplier may amend these terms from time to time. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time.
14.4 Waiver. If Supplier does not insist immediately that you do anything you are required to do under these terms, or if Supplier delays in taking steps against you in respect of your breaking this contract, this does not mean that you do not have to do those things and it will not prevent Supplier taking steps against you at a later date. For example, if you miss a payment and Supplier does not chase you and/or we continue to provide the Services, we can still require you to make the payment at a later date.
14.5 Validity. If a court finds any part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of the terms are unlawful, the remaining paragraphs will remain in full force and effect.
14.6 Governing law. These terms are governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction.
Ver: May 2020
Appendix 1: Package Travel Regulations
1. PACKAGE HOLIDAYS
1.1 A Package Holiday is as defined in The Package Travel and Linked Travel Arrangements Regulations 2018 (the “Package Travel Regulations”). In general terms, a Package Holiday exists when a Customer makes a single booking which includes a combination of at least two of the following travel services: (a) air transport; (b) accommodation; (c) car hire; and (d) certain destination services/an experience.
1.2 To the extent that a Package Holiday exists, the additional terms set out in this Appendix 1 shall apply.
1.3 Supplier has protection in place to refund your payments for Services not performed because of Supplier’s insolvency. Please see the Front Sheet for details.
1.4 Standard information we are required to provide is set out in the Schedule to this Appendix.
1.5 PACKAGE TRAVEL CONTRACTS
a) When you make your booking you will be provided with information from the Supplier on the travel destination, the itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included. The location, main features (including any visits or excursions) and, where applicable, tourist category of the accommodation under the rules of the country of destination will also be included.
b) Where the exact time of departure and return is not determined at the time of booking, the Supplier will give an approximate time of departure and return.
c) Meals will not be provided as party of a Package Holiday unless otherwise specified on the Booking Confirmation in relation to the Services you have booked.
d) Only the Services which you are informed about on the Website and in your Booking Confirmation are included in the price of the Package Holiday.
e) All Services will be provided in English unless otherwise specified.
f) The Supplier’s contact details are set out on the Front Sheet and may be updated from time to time.
g) When you book you will be given the total price of the Package Holiday inclusive of taxes and, where applicable, of all additional fees, charges and other costs. If those costs cannot reasonably be calculated in advance of the time of booking, an indication will be given of the type of additional costs which may have to be paid by you.
h) If there is a minimum number of persons required for the Package Holiday, the Supplier may cancel the booking if you have not satisfied this requirement.
i) Supplier provides general information on passport and visa requirements on the Website where relevant.
1.6 TRANSFERRING A PACKAGE HOLIDAY TO ANOTHER TRAVELLER
a) The original traveller shall give Supplier notice of the transfer, in writing to the email address in the Front Sheet, at least 7 (seven) days before the Package Holiday starts;
b) Supplier shall inform the Customer of any additional fees, charges or other costs arising from the transfer of the package travel contract and providing details of those costs (which will relate to the cost of making the transfer); and
c) the original and new travellers must agree to be jointly and severally liable for the transfer costs and the new travellers must agree to the terms of the Contract.
1.7 CHANGES TO A PACKAGE HOLIDAY
1.8 a) Supplier may change the price of a Package Holiday more than 20 days prior to the Package Holiday taking place, if:
(i) the Supplier has stated that such increases may be made prior to the booking being made; or
(ii) the price increases are due to increases in the cost of fuel or other power sources; taxes or fees, such as tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or exchange rates. Supplier shall provide information on how the price revision will be calculated.
b) Supplier shall not make any changes to other terms of a Package Holiday prior to the start of the trip, unless Supplier has stated that it can make changes to the Package Holiday or the changes are insignificant. Supplier will clearly communicate any changes made to you.
1.9 If before the start of the Package Holiday one of the following occur; circumstances beyond the control of the organiser requiring significant alterations to be made to any of the main characteristics of the Services which make up the Package Holiday; Supplier cannot fulfil the special requirement of a traveller; Supplier proposes to increase the price of the Package Holiday by more than 8%, Supplier shall:
a) Inform you;
b) Give you a reasonable period within which you must inform Supplier of your decision of whether to accept the proposed changes or terminate the contract for the Package Holiday without paying a termination fee, as well as the consequences if you do not respond within that period;
c) Offer a substitute package, of an equivalent or higher quality, if possible, offered to you and its price.
d) If you decide to terminate the contract pursuant to paragraph b) above and you not accept a substitute package, Supplier shall refund you within 14 days and you may be able to receive compensation or damages. If you do not confirm within the period specified whether you wish to accept the proposed change or terminate the contract the organiser will notify you a second time. If you fail to respond again then Supplier may terminate the contract and refund all payments made by you within 14 days.
a) You may terminate the Contract for a Package Holiday at any time before the start of the package in return for payment of an appropriate termination fee.
b) In the event of an Unavoidable or Extraordinary Circumstances occurring at the place of destination of the Package Holiday or its immediate vicinity, which significantly affect the performance of the Package Holiday, you may cancel the Package Holiday before it commences for a refund. In such circumstances, Supplier not pay any other compensation or damages to you.
c) If a refund is made to you in accordance with these Terms for any reason, the refund shall be made less any platform, transaction and processing fees that have been incurred.
d) Supplier may terminate a Package Holiday where:
(i) the number of persons enrolled for the Package Holiday is smaller than the minimum number needed to run the Package Holiday. If this is the case Supplier shall notify you of the termination of the contract within a period specified at the time of booking and in any event within: (x) 20 days before the start of the Package Holiday, in the case of trips lasting more than six days; (y) seven days before the start of the Package Holiday, in the case of trips lasting between two and six days; and (z) 48 hours before the start of the Package Holiday, in the case of trips lasting less than two days,
(ii) Supplier is prevented from performing the contract because of unavoidable and extraordinary circumstances. If this is the case Supplier shall notify you of the termination Package Holiday without undue delay before the start of the Package Holiday. In such circumstances, Supplier will provide you with a full refund of any payment made for the Package Holiday. You will not receive any other compensation.
e) Any refund payable by Supplier will be paid within 14 days of the Package Holiday being cancelled.
1.11 OTHER OBLIGATIONS OF SUPPLIER:
a) If you require assistance during your Package Holiday please contact us. If you have intentionally or negligently caused the need for assistance you may be required to pay Supplier a fee in relation to its assistance.
b) Supplier shall not be liable for the acts, omission or negligence of any third party, unless set out otherwise in the Contract or under any applicable law.
2. LINKED TRAVEL ARRANGEMENTS
2.1 Services that you book from the Website may be a linked travel arrangement. A linked travel arrangement, under the Package Travel Regulations means at least two different types of travel service purchased for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual service providers, if a trader facilitates — (x) on the occasion of a single visit to, or contact with, a trader’s point of sale, the separate selection and separate payment of each travel service by travellers; or (y) in a targeted manner, the procurement of at least one additional travel service from another trader where a contract with such other trader is concluded at the latest 24 hours after the confirmation of the booking of the first travel service (“Linked Travel Arrangement”).
2.2 If you book and pay for any additional travel services from Supplier during the same visit to the Website, the travel services will become part of a Linked Travel Arrangement.
2.3 Supplier has protection in place to refund your payments for Services not performed because of Supplier’s insolvency. Please see the Front Sheet for details.
2.4 Standard information we are required to provide is set out in the Schedule to this Appendix.
Schedule - STANDARD INFORMATION
This important information is given pursuant to the Package Travel and Linked Travel Arrangements Regulations 2018.
Travellers will receive all essential information about the package before concluding the package travel contract.
There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
Travellers are also entitled to a price reduction, or compensation for damages, or both where the travel services are not performed or are improperly performed.
The organiser shall use its reasonable efforts to provide assistance if the traveller is in difficulty.
If the organiser or, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Details of our insolvency protection is set out in the Front Sheet. Unless specified otherwise we act as both the retailer and organiser of the Services sold on the Website.
Ver: May 2020
Acceptable Use Policy
PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE.
What's in these terms?
This acceptable use policy sets out the terms on which you may use and browse our site DOMAIN ADDRESS, including the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.
Please note, our site operates on the Easol platform and your use of the site will be subject to additional terms required by Easol.
The site is operated by [NAME OF SUPPLIER] ("we or "us”). We are registered in [JURISDICTION] under company number [COMPANY NUMBER] and have our registered office at [COMPANY ADDRESS].
By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
You may use our site only for lawful purposes. You may not use our site:
· In any way that breaches any applicable local, national or international law or regulation.
· In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
· For the purpose of harming or attempting to harm minors in any way.
· To bully, insult, intimidate or humiliate any person.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
· Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
· Not to access without authority, interfere with, damage or disrupt:
· any part of our site;
· any equipment or network on which our site is stored;
· any software used in the provision of our site; or
· any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
· Be accurate (where it states facts).
· Be genuinely held (where it states opinions).
· Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
· Be defamatory of any person.
· Be obscene, offensive, hateful or inflammatory.
· Bully, insult, intimidate or humiliate.
· Promote sexually explicit material.
· Include child sexual abuse material.
· Promote violence.
· Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any copyright, database right or trade mark of any other person.
· Be likely to deceive any person.
· Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
· Promote any illegal activity.
· Be in contempt of court.
· Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
· Be likely to harass, upset, embarrass, alarm or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person.
· Give the impression that the Contribution emanates from [NAME OF COMPANY], if this is not the case.
· Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
· Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
· Contain any advertising or promote any services or web links to other sites.
Breach of this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms and conditions of sale upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
· Immediate, temporary or permanent withdrawal of your right to use our site.
· Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
· Further legal action against you.
· Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Which country's laws apply to any disputes?
If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law and that the courts of England and Wales will have exclusive jurisdiction.
If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.