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Terms and Conditions
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These Terms and Conditions apply as between you (the User of our Website) and Secret Escapes Limited (the owner of this Website, also referred to as 'we', 'us' and 'our' in these Terms and Conditions), in connection with your use of the Website and how we process bookings that you may wish to make with suppliers of hotel stays, holidays and/or travel services. These Terms and Conditions will apply whether you are a visitor to the Website, as well as if you have an account or have registered with us and are a Member (as defined below). Your agreement to comply with and be bound by these Terms and Conditions is deemed as provided upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately, as your continued use of the Website will indicate your acceptance of these Terms and Conditions.
In these Terms and Conditions the following terms shall have the following meanings:
- "Acceptance" means the process by which Secret Escapes accepts a Member's offer to purchase a hotel stay, holiday or package advertised for purchase on the Website and/or as notified to a Member in any communications sent from Secret Escapes, as set out in detail in clause 7.2 of these Terms and Conditions;
- "Account" means collectively the personal information, payment information and credentials used by Users to access the Service and / or any communications System on the Website;
- "Content" means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
- "Members" means Users of the Website who have chosen to become and been accepted as members of Secret Escapes, who are required to comply with these Terms and Conditions together with any other terms of membership that Secret Escapes may issue from time to time;
- "Products" means the products or services that a Member can book with a Supplier through the Website, which may include package holidays, hotel and other accommodations, experiences, tours or any other travel services or products, as provided by Suppliers and as detailed on the Website from time to time;
- "Secret Escapes" means Secret Escapes Limited (registered in England & Wales under company number 07026107)) and whose registered office is situated at 4th Floor, 120 Holborn, London, EC1N 2TD;
- "Service" means collectively any online facilities, tools, services or information that Secret Escapes makes available through the Website or otherwise either now or in the future;
- "System" means any online communications infrastructure that Secret Escapes makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
- "Suppliers" means suppliers of hotel and other accommodations, tours, holidays, products or other services (whether a tour operator, hotel or any other supplier or provider), who shall be directly responsible to a Member who books with a Supplier for such Supplier's Products;
- "User(s)" means any third party who accesses the Website and is not employed by Secret Escapes and acting in the course of such employment, whether a Member or otherwise, also referred to as 'you' and 'your'; and
- "Website" "Website" means the website of Secret Escapes, as currently accessed through the url address as www.us.secretescapes.com, together with any sub-domains of this website, unless expressly excluded or governed by their own terms and conditions, or any other url address as Secret Escapes may designate from time to time as being part of the Website.
- Ownership: Subject to the exceptions in Clause 2.2 below, all Content included on the Website (unless uploaded by Users and accepted for inclusion on the Website by Secret Escapes) including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software (including the copyright, database, trademarks, design rights or other intellectual property right, in whatever format and whether registered or not, "Intellectual Property") is the property of Secret Escapes, or our affiliates or licensors. By continuing to use the Website you acknowledge that such Content is protected by applicable United States, United Kingdom and other foreign Intellectual Property laws and that you can only use the Content for the purposes of viewing the Content and using the Website in accordance with Clause 2.2 below.
Subject to these Terms and Conditions you may print,
reproduce, copy, distribute, store or in any other fashion re-use
Content from the Website for personal purposes only, unless otherwise
indicated on the Website, or unless given express prior written
permission to do so by Secret Escapes. Personal use includes, but is not
limited to, recreational use, social use, and use in education as a
student or teacher. Specifically you agree that you will not:
- use the Content of the Website for commercial purposes;
- systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Secret Escapes;
- take any action that imposes an unreasonable load on the Website's infrastructure;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Website; or
- delete or alter any Content or other material posted on the Website by Secret Escapes or any User.
- Trade marks: "Secret Escapes" and the Secret Escapes logo are trademarks of Secret Escapes. All other trademarks, service marks and trade names used on the Website are the property of their respective owners and are used by Secret Escapes under license for inclusion on the Website. All such trademarks, service marks or trade names may not be reproduced, copied, downloaded or otherwise exploited without the permission of Secret Escapes or the relevant owner. You must not use the trademarks, service marks, trade names or logos featured on the Website for any purpose.
- Third Party Intellectual Property: Where expressly indicated, certain Content and the Intellectual Property rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2.2 of these Terms and Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy or terms that may be relevant.
Content that you or other Users may upload:
You are solely responsible for all code, video, images,
information, data, text, software, music, sound, photographs, graphics,
messages or other materials that you upload, post, publish or display
(hereinafter, "upload") or email or otherwise use via the Service
("User Content"). The following are examples of the kind of User
Content use that is illegal or prohibited by Secret Escapes. Secret
Escapes reserves the right to investigate and take appropriate legal and
other action against anyone who, in Secret Escapes' sole discretion,
violates this provision, including without limitation, removing the
offending User Content from the Website, suspending or terminating the
account of such violators and reporting you to the law enforcement
authorities. You agree to not use the Website to:
- email or otherwise upload any User Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters,""pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Secret Escapes, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, which may expose Secret Escapes or its Users to any harm or liability of any type or which may harm the reputation of Secret Escapes;
- interfere with or disrupt the Website or System, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or System;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Website or System by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized by Secret Escapes;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website or System.
- Commentary and other materials posted on the Website are not intended to amount to advice on which you should rely. Secret Escapes disclaims all liability and responsibility arising from reliance on User Content. Where Secret Escapes provides any interactive services on the Website, we will use commercially reasonable efforts to ensure that such services are provided and used in accordance with these Terms and Conditions.
- The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any materials on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices with respect to the Website should be sent Secret Escapes at the mailing address listed above or firstname.lastname@example.org.
- You represent and warrant that you own all right, title and interest in and to User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant to Secret Escapes and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Website and the website of any affiliated company or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or System ("Submissions"), provided by you to Secret Escapes are non-confidential and Secret Escapes will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Secret Escapes or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the Website www.secretescapes.com without prior permission. Deep linking (i.e. links to specific pages within the site), framing or other such activity requires the express prior written permission of Secret Escapes. To find out more please contact us by email at email@example.com
- What Secret Escapes does: Secret Escapes is an exclusive, Members only accommodation and travel services provider. Secret Escapes, ) processes bookings with Suppliers for hotel stays, holidays and package deals, having secured pre-negotiated rates with various Suppliers. Each booking that a Member may make through Secret Escapes with Suppliers will be made up of one or more offers which may be available at any given time. Members book individual offers from Suppliers within a sale window that is offered, as detailed from time to time on the Website. For example, there may be a sale for rooms at particular hotel, with offers for 1 and 2 night stays in standard and superior rooms, each at the applicable pre-negotiated rates. Offers may, if so expressly indicated, include additional items or components, such as meals or activities. For avoidance of doubt, unless expressly stated in the offer or sale description, offers are for accommodations only. All Products shown on the Website (or as notified to Members through email communications) are, and remain until Acceptance by the Supplier, subject to availability, and Members acknowledge that they will need to check that an offer is still available before requesting a booking.
- Secret Escapes processes bookings with Suppliers whose Products are featured on the Website, or as otherwise communicated to Members. Secret Escapes carefully selects the Suppliers (based on their experience, reputation, feedback on quality of services, etc.) in order for Members to contract directly with those Suppliers for the provision of those featured Products; provided however that Secret Escapes does not make any representation or warranty, express or implied, of any kind with respect to the Suppliers. Secret Escapes provides the opportunities for Members to book with Suppliers at negotiated rates by providing the Service, but Secret Escapes is not responsible in any way for the provision or fulfillment of the Products which a Member may purchase from the Suppliers through the Website and all contracts for provision of the Products that a user may purchase are on the booking terms and conditions applicable to the relevant Supplier with whom a Member may contract, as notified to the Member at the time of booking. Secret Escapes does not warrant or guarantee that the quality and standard of the Products offered on the Website by Suppliers and Secret Escapes shall not be liable for any discrepancy in the rooms, facilities or services available described in the Website or for any other errors or omissions, and shall not be liable for any damages that may result therefrom. Any concerns regarding the Products purchased by a Member from a Supplier must be brought by the Member directly to the attention of the Supplier (please see Complaints section further below), as the Supplier is directly responsible to you for bookings you have made with the Supplier through the Secret Escapes Website.
- Secret Escapes Membership Membership is not purchased or otherwise subject to a Membership fee. Membership in the Secret Escapes program is not an interest, equity or otherwise, in Secret Escapes, its affiliated entities or any other legal entity and does not entitle you to any share of assets, income, gain or voting rights. Members do neither acquire nor otherwise receive any vacation ownership interest or real estate interest and Membership does not constitute the rental, leasing, letting or granting a license to use any living quarters or sleeping or housekeeping accommodations in, from, or a part of, or in connection with, any hotel, apartment house, rooming house or camp, park, condominium or resort. Membership does not provide Members with ownership in, or any recurring right to use, any specific accommodation or facility, and Secret Escapes is not an arrangement, plan, scheme, or similar device providing ownership rights in or the right to use any accommodations for a period of time less than a full year during any given year, on a recurring basis. Membership does not entitle Members to any use or occupancy of any accommodations within any specific geographic location or otherwise, but rather entitles Members the opportunity to book hotel stays, holidays and package deals which may become available through various Suppliers. Products made available by Secret Escapes are not divided into, and Members' reservations are not allotted from, any use or occupancy periods or intervals of time. Membership does not entitle Members to the receipt of any good, service, product or merchandise at a discount which is obtained or provided from cooperative purchases.
- Rates and Suppliers terms: Secret Escapes negotiates hotel stay, holiday and package deal prices with Suppliers. The sale price displayed on the Website is the pre-negotiated price. When buying Products through the Secret Escapes Website, your contract will be with the Supplier (e.g. the hotel company) and not Secret Escapes. Accordingly Secret Escapes is not responsible for the conditions or limitations placed on any sale by the Supplier of the Product being sold (such as, by way of example, the inability to cancel a booking once placed). Separate terms and conditions will apply to your booking and purchase of the Products purchased through any sale on the Website. You agree to abide by the terms or conditions of the Supplier with whom you contract, including compliance with the Supplier's rules and restrictions regarding availability and use of the Products. You understand that any breach of any Supplier's conditions may result in cancellation of your booking, in your being denied access to any hotels, accommodations or other travel services that may be contained as part of the Products you have booked and / or in your forfeiting any monies paid for such booking, and in Secret Escapes debiting your account for any costs Secret Escapes incurs as a result of such breach.
- Sale Information: All of our prices are shown in U.S. Dollars. In addition to the listed price, Members are responsible for any and all applicable transient occupancy, hotel, bed and similar taxes and governmentally imposed fees, which are generally indicated as an addition item on the payment summary page. Secret Escapes sells hotel stays and holidays at pre-negotiated prices. The sale descriptions on the Website specify the prices and what is included in your purchase, as well as any special conditions that apply. We try and avoid errors in our sales descriptions and prices. However, we reserve the right to correct errors in sales descriptions and prices before Acceptance of your order. Unless otherwise stated in the sale description, the prices shown are for accommodations only and do not include other potential costs such as airfare, ground transportation, other travel, spa treatments, activities, meals, beverages and other incidental costs or expenses. We aim to use photographs and descriptions to give an accurate illustration of the Products. They are not intended to be exact, for example you are not guaranteed an identical view to that shown in a sale photo. We show a percentage comparison of our pre-negotiated sale price against the "rack rate" provided by the hotel. When additional services (such as meals or activities) are included in the sale, we add those to the rack rate. Your purchase of Products may be used for personal purposes only and shall not be used for any commercial purpose.
Making a booking
- Sale Information: Any Products detailed on the Website are subject to availability and therefore we need to check availability once a Member indicates that such Member would like to make a booking for a Product, before such booking can be confirmed. A Member's request to book a Product constitutes a contractual offer to purchase that Product; however, no legally binding contract will come into force between a Member and a Supplier unless and until there has been an acceptance by the Supplier (as notified to a Member by Secret Escapes) that the booking requested by the Member has been accepted ("Acceptance"). Except as otherwise may be indicated, Acceptance is given on first-come, first-served basis and is, subject to the payment, at the time of booking, of the price of the applicable Product plus any and all applicable transient occupancy, hotel, bed and similar taxes and governmentally imposed fees.
- For Acceptance of a booking for a Product to take place the following steps will need to be completed:
- the Member will need to offer to purchase a Product on the Website and submit the Member's payment information;
- Secret Escapes will issue an automated online acknowledgement confirming receipt of the booking request. Please note that such automated acknowledgement is not Acceptance of the booking request, but an acknowledgement that the booking request has been received and that Secret Escapes will contact the Supplier to check availability prior to any binding contract being formed;
- Secret Escapes will (following the issue of the automated response referred to in clause 6.2.2 above) check that no details of a Product need to be corrected and that there are no accidental errors or omissions, and check the availability in respect of the Product with the relevant Supplier. In the event that any such errors or omissions need to be corrected, or a Product is no longer available, Secret Escapes will provide notification thereof to the Member as soon as reasonably practicable; and
- following checks made by Secret Escapes relating to a Product that a Member has requested to book, and provided that such Product is available, Secret Escapes will notify a Member that the Product can be booked by issuing a notification by email that a booking with a Supplier has been made, such notification being Acceptance of a booking for a Product on behalf of a Supplier and a legally binding contract shall then be created between the Member and the relevant Supplier for provision of the Product in accordance with the relevant Supplier's terms and conditions as set forth on the Website and within related materials.
- For the avoidance of doubt, Secret Escapes reserves the right to alter or amend the details of a Product or withdraw a Product at any time up to the point of Acceptance, whether due to it becoming aware of a error or omission relating to the details of the Product, a request to do so from the Supplier of the Product or otherwise.
- Please make sure that you are eligible and able to travel on the dates of your holiday to your chosen destination before making a booking, as Secret Escapes shall not be liable for any failure or inability of any Member to enjoy his or her holiday.
- If you have any special requests you must let us know when you make the booking. Secret Escapes will attempt to pass on all reasonable requests to Suppliers, but cannot guarantee that such requests will be met by Suppliers of the Products. Secret Escapes cannot provide Acceptance for bookings that are conditional on the fulfillment of a special request.
- If you have a medical condition which may affect your booking, please let us know before requesting a booking so we may adequately determine if the Product is suitable before you make a booking.
- There is a 'hold' functionality available for most of our sales. This works by allowing Members to pay a $40.00 fee to hold a date for the duration of the sale, which amount shall be payable in addition to the price of the Product and transient occupancy, hotel, bed and similar taxes and governmentally imposed fees. For avoidance of doubt, 'holding' a sale does not constitute a booking or making contract to purchase a particular Product; it simply prevents other Secret Escapes Members from booking that allocation. A hold is NOT a deposit on a booking and is not a guaranteed or confirmed booking. In the event that a hold has to be cancelled by Secret Escapes due to that date being closed out by a Supplier, we will credit your Secret Escapes account with $40.00, but we will not be held liable for any extra costs incurred to the Member (for example, if travel has already been booked separately).
- Once your booking has been completed and payment for your Product has been made (in accordance with clause 7 below), Secret Escapes will issue you with a booking receipt, in compliance with applicable laws, with details of the relevant Supplier providing the Product that you have booked. Please note this is not a complete booking confirmation with all details of your itinerary, etc. - which will be sent to you by the relevant Supplier separately. Our booking receipt merely confirms receipt of monies that we have taken on behalf of the Supplier and details of the dates for which your Product has been booked.
- When you receive documentation for your hotel stay/vacation, please ensure you check that these are correct and in the case of travelling abroad, that they match the names and ages on the passport(s).
- In the event that don't arrive by post or email, Secret Escapes will not be held liable in the event that any accommodation receipts, tickets and/or travel documents do not arrive from the Supplier by post or email. Please contact the Supplier should you not receive these documents.
- Payment Terms: When paying bills, time is of the essence and we ask you to ensure that your card details are valid and that you have sufficient funds available.
- Failed payments: In the event that a payment fails we will ask you to provide updated payment details. We may temporarily suspend your Account, including cancelling any completed Product booking, if an amount remains unpaid for more than 14 days. We reserve the right to charge interest at a rate of one and one half percent (1.5%) per month (but shall not exceed the maximum permitted by law) on all amounts that remain outstanding 30 days after the issue of our invoice.
- Refunds and Cancellations: If you have any query about an amount that has been charged by us to your card, please contact us immediately. In the event that we find a payment has been taken in error we will refund the amount immediately to your credit or debit card. Refunds are at the sole discretion of Secret Escapes.
- All prices and fees are expressed in U.S. Dollars. For non-USA Properties, rates quoted and confirmed in non-local currencies will be converted to local currency by the properties at your time of payment, based on the exchange rate used by the property and are subject to exchange rate fluctuations. For Members outside of the United States, fees will be subject to exchange rate formulas and calculations of the member's bank or credit card company. Any refunds will also be subject to the exchange rate at the time of such refund, which may differ from the exchange rate at the time such fee was originally paid. Some credit card charges are subject to additional currency conversion fees at the time of processing which are not within Secret Escapes' control and may impact the amount charged on, or refunded to, a member's credit card.
- Credit and Incentives: There is no limit to the number of Secret Escapes Products you may acquire. Occasionally, we may offer credits and/or incentives for purchasing certain Products and/or referring additional Members. However, if you try to gain additional credit through falsifying accounts or creating multiple fake accounts, then this will not be considered valid and all credits (and, at the discretion of Secret Escapes, all of your accounts) will be cancelled when detected. If you gain credit through an incentive for booking Products through the Website, or otherwise, in a valid manner, then such credit will remain in your Account for up to 12 months (unless an earlier expiry date is specified) or until such credit is used or your Account is terminated, at which point any credit within your Account will be automatically deleted.
The owner and operator of the Secret Escapes program is Secret Escapes Limited (registered in England & Wales under company number 07026107)) and whose registered office is situated at 4th Floor, 120 Holborn, London, EC1N 2TD, United Kingdom. Secret Escapes' email address is firstname.lastname@example.org and telephone number is 1-844 9 732738.
Cancellations and Alterations by Members
- Unless otherwise stated in the Product description, once Acceptance has taken place all Product sales on the Website (or otherwise) are final, non-refundable and may not be altered, and cancellation will result in the forfeiture of the entire amount paid by the Member for the Product. If alterations or cancellations are available from the Supplier, they may be subject to a charge as per the Supplier's own terms and conditions.
- While bookings made through the Secret Escapes Website have a 100% non-cancellable/non-refundable policy, if a Member wishes to make a change to their booking of a Product with a Supplier, then Secret Escapes has the right, in its discretion, to assist a Member in the Member's attempts to alter or cancel a booking, but can give no guarantee that such attempts will be successful. Secret Escapes will not be held liable for any applicable charges that the Member may need to pay in order to give effect to any such alteration or cancellation, if available.
- Please note that if a Supplier's separate terms and conditions, located on its own website or otherwise, include provisions relating to changes and cancellations of bookings, such terms shall not be binding on the Supplier when bookings are made for Products featured on the Secret Escapes Website. This is because of the pre-negotiated rates that Secret Escapes has managed to secure with the Supplier, which is generally on the basis that the booking is final and cannot be changed. Members should therefore be aware that any such cancellation or alteration terms or provisions relating to Products booked through the Secret Escapes Website would be deemed as non-cancellable and non-refundable, unless otherwise expressly stated, or unless the Supplier has agreed to this in writing.
- Depending on the reason for cancellation, you may be able to reclaim any cancellation charges payable (less any applicable excess) under the terms of any insurance policy that you may choose to separately procure in respect to the Product. All claims must be made directly to the insurance company concerned.
Alterations by Suppliers
Most changes are minor. Occasionally, we have to notify you of a "significant change" that a Supplier may make to a Product. A significant change is a change made before the commencement of your vacation which, taking account of the information given to us at the time of booking and which we can reasonably be expected to know, we can reasonably expect to have a major effect on your stay. In the unlikely event of the Supplier cancelling or amending your booking for a Product after the booking has been made, we will inform you as soon as possible (provided that the Supplier informs us). In respect to any significant change, if there is time to do so before departure, we will seek to secure from the Supplier the offer to you of the following options (depending on the nature of the Product you have booked):
- accepting the changed arrangements; or
- for hotel only reservations, a choice of accepting an offered alternative or cancelling your reservation with a full refund of monies paid. In the case of no alternative being available from the supplier, the Supplier may instruct us to cancel and give a full refund; or
- purchasing an alternative package from the Supplier, of a similar standard to that originally booked, if available. You must pay the applicable price of any such package. This will mean you paying more if it is more expensive or receiving a partial refund if it is cheaper; or
- cancelling or accepting the cancellation, in which case you will receive a full refund of all monies you have paid to the relevant Supplier.
Please note: The above options are generally not available for minor changes. Changes to check-in time, check-out time and room type (upgrades) generally qualify as minor changes. When cancellations or changes do occur, Secret Escapes will not be held liable for extra costs incurred, for example, for travel expenses, or other accommodations.
Cancellations by suppliers
In the rare cases that a Supplier cancels your booking after it has been Accepted, you will be notified by the Supplier, or Secret Escapes acting on its behalf. In this circumstance, Secret Escapes will support you in getting a refund or changing your dates. Secret Escapes is not responsible for costs associated with a cancellation by the Supplier. This is why we always recommend that you purchase travel insurance to cover against cancellations.
- Secret Escapes reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Website and any Product offered on the Website at any time and for any reason without prior notice or liability. Secret Escapes reserves the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.
- Sections 1 (Definitions), 2 (Intellectual Property), 7 (Payment Terms), 12 (Termination), 17 (Disclaimers), 19 (Limitation of Liability; Indemnification), 23 (Notices) and 24 (Law and Jurisdiction) shall survive the termination of this Agreement.
- If you are unhappy with any aspect of a Product that you have purchased through the Secret Escapes Website and wish to complain, then please raise this with the relevant Supplier directly at the of your complaint time so that they can try to address any issues raised (also put it in writing to them if possible - some Suppliers provide a feedback form). If you are still not satisfied then please contact the Supplier directly within 30 days of your return.
- If a Product is consistent with the description on the Website, but you are unhappy with any aspect of the experience, again please take this up with the relevant Supplier. In these cases, Secret Escapes is not positioned to assist in your complaint.
- If you feel that a Product is not consistent with the description on the Secret Escapes Website, in the first instance, please take this up with the relevant Supplier. However, please also let us know as soon as possible and we will assist you in attaining a resolution.
- We consider adequate travel insurance to be essential to cover you during and with respect to your travel. Please ensure that your valid travel insurance policy is valid from the time of booking your holiday for the countries you will be travelling to or through, and to cover the activities that you may undertake while you are on vacation. We further recommend that all members of the party booked are covered by the policy (in case of families) or have their own adequate policy in place.
- Please read your policy details carefully and take them with you on your vacation. It is your responsibility to ensure that any insurance coverage you purchase is suitable and adequate, for your particular needs.
- SECRET ESCAPES, ITS AFFILIATES,SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK.
- THE COMPANY PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
- THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND" AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
- No part of this Website is intended to constitute legal advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- Secret Escapes shall not be liable for and accepts no responsibility for any information presented by any third party (including Suppliers), including but not limited to pricing, liability in connection with bookings and cancellations, performance of any contracts entered into between you and Suppliers, or any other circumstances that may arise during your trip.
- Any destination/attraction/tour/travel guide information on this Website written or provided by Secret Escapes is purely for information. Secret Escapes endeavors to ensure that such information is accurate, however Secret Escapes provides no guarantee that such information is accurate. This information does not form part of your agreement with any third party (including Suppliers) and is provided solely as additional background content.
Availability of the Website; Electronic Signature Consent
- Access to the Website is permitted on a temporary basis and Secret Escapes reserves the right to withdraw or amend the service provided on the Website without notice. We may provide, expand or discontinue any features on the Website at any time Secret Escapes shall not be liable if for any reason the Website is not available at any time or for any period.
- Consent. Secret Escapes requires that your Membership registration be electronically processed and that, except as otherwise herein provided, all of our written communications to you be conducted by electronic means. By accepting these Terms and Conditions you affirmatively consent and agree (initially and on an ongoing basis) that we may electronically provide to (via web post or otherwise) you these Terms and Conditions and all other disclosures, agreements, contracts, rules and regulations, account statements, reservation and other receipts, modifications, amendments and all other documents relating to your Membership (collectively, "Electronic Records"), including, for example, receipt of any amendment or updates to these Terms and Conditions and any disclosures required by law. All Electronic Records may be delivered to your Provided Email Address (as defined below) or we may post such Electronic Records on our Website consistent with Section 25 below. Electronic notices shall have the same effect as if sent to you in paper form.
- Scope and Withdrawal of Consent. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all Electronic Records. Your agreement also permits the general use of electronic signatures in connection with your Membership, and you agree to be bound whenever you or any Co-Member clicks on an "Agree", "Accept" or similar button on the Website, at which time a valid, binding and enforceable electronic contract will be formed. Secret Escapes is an Internet-based program, therefore; the withdrawal of your consent to electronically do business with us will result in the termination of your Membership and your rights in connection therewith. Withdrawal may be performed by submitting a tangible, non-electronic request to us at 4th Floor, 120 Holborn, London, EC1N 2TD, United Kingdom, Attn: U.S. Electronic Records, and subsequently confirming such request via telephone. Withdrawal will not affect the legal validity and enforceability of prior Electronic Records.
- Paper Copy. You have a right to receive a paper copy of these Terms and Conditions and any other Electronic Records if applicable law specifically requires us to provide such documentation. To request a paper copy you must submit a tangible, non-electronic request to us at 4th Floor, 120 Holborn, London, EC1N 2TD, United Kingdom, Attn: U.S. Electronic Records, with the details of your request. Paper copies will be provided to you at no charge within fourteen (14) days of receipt of the written request
- Equipment and Software Requirements. To receive Electronic Records and to access our Website, you need to have a computer with (i) access to the Website, (ii) an active email account at the Provided Email Address, (iii) [Microsoft Internet Explorer® 7.0 or higher or Google Chrome® or Mozilla FireFox® or Safari®], and (iv) [Adobe Acrobat Reader® 3.0] or higher. By using our Website, you represent that you have such equipment and software and that you are able to download, access, read, review, print and store the Electronic Records we provide to you. We will notify you in the event that we change hardware or software requirements which will materially affect your ability to access any Electronic Records.
- E-mail Communication. You agree to maintain the e-mail address provided with your Membership registration or any substitute therefor (collectively, your "Provided Email Address") as a valid, active email address. If you fail to maintain a valid Provided Email Address, then any notice we send to your old email address shall be deemed sufficient notice. You acknowledge and agree that the Internet is inherently insecure, and that we have no liability to you for any loss, claim or damage arising or in any way related to our response(s) to any e-mail or other electronic communication that we in good faith believe you have submitted to us. We have no duty to investigate the validity or to verify any e-mail or other electronic communication. We may respond to an e-mail communication provided by you to either the address provided with the communication or the Provided Email Address. Any e-mail returned to us undelivered may be re-sent to you at any other e-mail address that we have in your file, unless you have previously informed us through electronic or written notice that an e-mail address is no longer valid. Although we have no obligation to do so, we reserve the right to require authentication of e-mails or electronic communications. We will have no obligation, liability or responsibility to you or any other person or company if we do not act upon or follow any instruction to us in the event that a communication cannot be authenticated to our satisfaction.
Limitation of Liability; Assumption of Risk; Indemnification
- IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- While every effort has been made to ensure that these terms and conditions adhere strictly with relevant laws, in the event that any of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- You acknowledge that your enjoyment of the Products offered on the Website is undertaken with full knowledge of the risk of possible injury and/or death. You accept any and all risk of injury or death sustained by you or any member of your family or friend while in occupancy or using any Product or otherwise directly or indirectly related to your Membership.
- You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, your access to, use or misuse of the Website and/or your reservation, use and enjoyment of any Product. Secret Escapes shall provide notice to you of any such claim, suit, or proceeding. Secret Escapes reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Secret Escapes' defense of such matter.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy. No waiver shall be effective against Secret Escapes unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
- Please note that we can provide general information about the passport and visa requirements for your trip, but your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Any information supplied by us on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.
- 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. Neither we, nor the Suppliers of Products, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
- Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport.
All notices / communications shall be given to us by email to email@example.com Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or governmental holiday.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and Secret Escapes shall be governed by and construed in accordance with (a) the laws of the State of New York, without regard for its conflicts of law provisions, if you are a resident of the United States, and (b) the laws of England and Wales (in relation to contractual and non-contractual matters) for all other Users. In the event of any dispute that arises between us (whether of a contractual or non-contractual nature), both Secret Escapes and you agree to submit to the exclusive jurisdiction of (a) the courts of the State of New York if you are a resident of the United States or (b) the Courts of England and Wales for all other Users.
Any delay in or failure of performance by Secret Escapes under these Terms and Conditions will not be considered a breach of these Terms and Conditions and will be excused to the extent caused by any occurrence beyond the reasonable control of Secret Escapes including, but not limited, to acts of God, power outages, natural disaster, closure of airspace and governmental restrictions, adverse or severe weather conditions, strikes, civil unrest or threat thereof, or war or threat thereof.
Changes to the Terms and Conditions of this User Agreement
Secret Escapes reserves the right to make changes to these Terms and Conditions as it deems appropriate from time to time, or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the amended Terms and Conditions on your first use of the Website following the alterations. In the event that there are any material changes to these Terms and Conditions, Secret Escapes will use reasonable endeavors to advise you that changes have been made but it is your responsibility to check regularly for updates to these Terms and Conditions. Each version of these Terms and Conditions will have an effective date from which it applies posted at the commencement of the Terms and Conditions. Unless stated otherwise, the currently effective Terms and Conditions apply to your use of the Website and the Service.
- These Terms and Conditions constitute the entire agreement between you and Secret Escapes with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
- It is not the intention of the parties to confer any rights on any third parties by virtue of these Terms and Conditions.
- You may not assign your rights under these Terms and Conditions without the prior written consent of Secret Escapes, but Secret Escapes may assign or transfer these Terms and Conditions, in whole or in part, without restriction.
Registered Seller of Travel
- Secret Escapes is a registered Seller of Travel in California (registration number - CST 2118424-50).
- Registration as a Seller of Travel does not constitute approval by the State of California. This Seller of Travel is not a participant in the California Travel Consumer Restitution Fund. California law requires certain Sellers of Travel to have a trust account or bond. This business has a bond issued by Suretec Insurance Company in the amount of $10,000.
- Secret Escapes is also a registered Seller of Travel in Florida with a Fla. Seller of Travel Ref. No. ST39499.