Online Holiday Bookings UK Ltd – Booking Terms and Conditions
Online Holiday Bookings UK Ltd – Booking Terms and Conditions
These Terms and Conditions apply to any use of Hidden Ibiza, which is a wholly owned subsidiary of Online Holiday Booking UK Ltd's services. Please read these terms carefully, as they contain important information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. By accessing or using Online Holiday Booking UK Ltd's services, you are indicating that you have read these terms and agree to be bound by them. If you do not agree with all of these terms, you are not permitted to access or use the services.
1. Information about us, how to contact us and the scope of our services
1.2. If you wish to contact us, please contact us via email at [email protected]
1.3. These Terms govern your relationship with us in respect of your use of the Services, including any booking that you make of any tour, ticket, attraction, activity and/or experience (described in these terms as an “Experience”) that is advertised on our website and is made available by a third party supplier (each, a “Product”).
1.4. We help users to research and book travel experiences. However, we are not a travel or tour agency, and we do not provide such experiences ourselves. When you make a booking, you will be purchasing a tour, ticket or other service directly from the third-party supplier.
2. Use of the Services
2.1. By using or accessing the Services and/or by booking a Product (“book”, “booking”), you agree to be bound by these terms without modification, and you represent that you have read and understood them. In all booking arrangements, the person making the booking shall be deemed to have accepted these terms on behalf of all the persons named in the booking.
2.2. Your use of the Services is permitted by us only for personal, non-commercial use and/or to make legitimate requests to make a booking of the Products offered. You agree not to use the Services to make any speculative, false or fraudulent requests or bookings.
2.3. We retain the right at our sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of these Terms.
3. Products and Bookings
3.1. We provide the Platform through which you can enter into a contract with a third party supplier of a Product ("Supplier"). We are not a supplier of any Product, and your contract for the supply of any Product you book will be directly between you and the applicable Supplier. In respect of each booking, we act as an agent for the Supplier, meaning that a Product listing represents an invitation to you to make an offer to a Supplier, and that we are free to accept or reject such offer on behalf of that Supplier. These terms govern your use of the Services, which includes your use of the Platform through which you may make such an offer to a Supplier. However, the provision of the Product you book will be subject to the terms and conditions displayed on the Website in respect of such Product, any information made available to you during the booking process, and the terms and conditions of the Supplier with whom you have a legal contract for the supply of the Product.
3.2. If you make a booking, you agree to review and be bound by the applicable Supplier's terms and conditions and any other rules or policies related to the Product (the "Supplier Terms"). Notwithstanding the foregoing, to the extent that the Supplier Terms conflict with these terms in respect of your legal relationship with us, these terms shall prevail. Your interactions with Suppliers are at your own risk. We will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Supplier or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any Supplier.
3.3. By making a booking, you confirm that you are at least 18 years of age, that you possess the legal authority to enter into both this binding agreement and a binding agreement with the Supplier, to use the Services, to purchase the Product, and that all information you supply is true and accurate. You further agree that you will use the Platform to make only legitimate bookings for you and/or others for whom you are legally authorized to act.
4.1. The price of each Product will be quoted on a per-person basis, unless otherwise specified.
4.2. Prices are based on the local tariff at the time of quoting, converted at the prevailing foreign-exchange rate as determined by us.
4.3. Price quotations are subject to change without notice, until a booking has been made.
4.4. Unless the Supplier has otherwise specified, prices do not include any local taxes or use-fees, including foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.
4.5. Inclusions are determined by the Supplier. Prices do not include tips/gratuities; passport and visa fees; baggage and personal insurance; any items of a personal nature; taxes or duties; and any beverages or food that the Supplier has not specifically stated are included.
5.1. When you make a booking, Online Holiday Bookings, as the limited payment collection agent of the Supplier, collects your payment information and processes your payment as described in paragraph 6 below. Full payment by credit or debit card is required to make a booking, unless otherwise specified.
5.2. The value of your booking may be subject to taxes, duties, foreign transaction, currency exchange or other fees. Your bank or payment card company may convert the payment into the local currency and may charge fees, resulting in differences between the amount displayed through the Platform, and the final amount charged to you.
6. Payment Processing
6.1. Under these terms, the payment processing services for the Services provided are provided by Ticket Tailor, which is the trading name of Zimma Ltd. Zimma Ltd is registered in England and Wales under company number 07583551 and its registered office is at Unit 6, 14A Andre St, London, E8 2AA.
7. Modifications or Cancellations by You
7.1. Once a Product has been purchased, your booking cannot be changed by you or cancelled with a refund, unless otherwise stated in the terms and conditions applicable to such Product.
7.2. We accept no liability in the event that you are unable to travel and/or attend the relevant Experience (including without limitation whether this is due to COVID-19 affecting your travel plans). In all circumstances, you must check the Supplier’s cancellation policy, which is the policy that will apply to and govern the terms of your cancellation and any refunds.
7.3. No refunds are available once an Experience has commenced, or in respect of any Product's package, accommodation, meals or any other services that have started to be utilised.
8. Other Modifications or Cancellations
8.1. Occasionally a Supplier may make a change to a Product after your purchase, including but not limited to the date, price, inclusions, coverage, age requirements, and/or any other Product features and/or requirements. As a result, we are entitled to cancel, change or substitute any Product that you have purchased, at any time, for any reason. If the change proposed by the Supplier is material (for example, a change in dates and/or a significant change to the itinerary), and you are dissatisfied with the alternative that is offered, you will be entitled to a full refund of the original purchase price.
8.2. We may decide, in our sole discretion, that it is necessary or desirable for the protection of our interests, the Supplier's interests and/or your interests, to withdraw our Services resulting in an override of the Product's cancellation policy and the effective cancellation of a booking. We may also determine, in our sole discretion, to arrange refund to you part or all of the amounts charged to you. You agree that we and the applicable Supplier shall have no liability for such cancellations or refunds.
9. Passports, Visas and Insurance
9.1. When you make a booking, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
9.2. For applicable passport and visa requirements, you should consult the relevant embassy or consulate for information. Such requirements may change at any time, and it is your responsibility to check for up-to-date information before making a booking and before your departure. We accept no liability in connection with any person who is refused entry onto a flight or into any country, including countries such person may just be passing through en route to their destination.
9.3. As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure. It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
9.4. We strongly recommend that you purchase a comprehensive travel insurance policy prior to departure to protect your Product purchase. If you cancel your trip or significantly alter travel dates, your travel insurance policy may reimburse the cost of cancellation fees and related expenses. Please review your travel insurance policy carefully for related terms and conditions.
10. Our Liability to You
10.1. PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS OUR LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES.
10.2. THE INFORMATION, CONTENT, SOFTWARE, PLATFORM, AND SERVICES PROVIDED BY US MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING IN RELATION TO RESERVATION AVAILABILITY AND PRICING ERRORS. ONLINE HOLIDAY BOOKINGS, ITS PARENT, SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "OHB GROUP COMPANIES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND OTHER SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY AVAILABILITY AND PRICING ERRORS AND/OR ON BOOKINGS MADE UNDER AN INCORRECT PRICE.
10.3. THE OHB GROUP COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, AND OTHER SERVICES FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE OHB GROUP COMPANIES. ALL SUCH INFORMATION, CONTENT, SOFTWARE, PLATFORM, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
10.4. THE OHB GROUP COMPANIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM ANY BOOKING OR USE OF A PRODUCT. THE OHB GROUP COMPANIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE (INCLUDING, WITHOUT LIMITATION, AS A RESULT OF COVID-19 TRAVEL RESTRICTIONS) OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
10.5. IN NO EVENT SHALL THE OHB GROUP COMPANIES (OR ANY OF THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF DATA OR INFORMATION OR COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A PRODUCT OR A BOOKING, OR YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.6. If any OHB Group Company is found liable for any loss or damage that arises out of or is in any way connected with your use of the Services or with a booking or use of a Product, then the OHB Group Companies' liabilities will in no event exceed, in the aggregate, the greater of (a) the sum paid to Online Holiday Bookings in respect of the booking giving rise to the claim, or (b) one hundred pounds sterling (£100).
10.7. The limitation of liability set forth in this paragraph 10 reflects the allocation of risk between the parties. The limitations specified in this paragraph 10 will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the OHB Group Companies.
11. General Provisions
11.1. If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these terms shall continue in effect.
11.2. These terms (and any other terms and conditions referenced herein) constitute the entire agreement between you and Online Holiday Bookings with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Online Holiday Bookings with respect to the Services.
11.3. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
11.4. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person to end the contract or to make any changes to these terms.
11.5. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
11.6. You and we agree that English law applies to these terms and that any dispute between us arising out of or in connection with these terms will only be dealt with by the English courts, unless you live in another part of the UK, in which case the applicable law of that part of the UK will apply and any dispute will be brought before the courts of that part of the UK.