TERMS OF SERVICE AND BOOKING TERMS
Effective Date: 1 March 2022
Please read these Terms of Service (the “Terms”) carefully. The Terms will govern your use of the Site (as defined below) and any reservation you make to stay with us. By using the Site, making a reservation with us and/or ordering any other goods or services (as applicable), you agree to these Terms.
These Terms are between you and either: (i) GCUK Operator Ltd, registered number 06418183 and address 54 Portland Place, London, England, W1B 1DY, in respect of the Graduate Cambridge Hotel; or (ii) GOUK Operator Ltd, registered number SC572846 and address 115 George Street, 4th Floor, Edinburgh, Scotland, EH2 4JN, in respect of the Graduate Oxford Hotel (“we”, “us” or “our”) concerning your use of (including any access to) the Graduate Hotel website currently located at https://www.graduatehotels.com (together with any materials and services available therein, and successor site(s) thereto, the “Site”), any reservation you make with
us and any other order of goods or services from us. The Terms incorporate by this reference any additional terms and conditions posted by us through the Site, or otherwise made available to you by us. In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products, or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.
Nothing in these Terms affects your statutory rights. If you are a consumer, you can find out more about your statutory rights by contacting the Citizens Advice Bureau or going to https://www.gov.uk/consumer-protection-rights.
The Site is available only to individuals and entities that can form legally binding contracts under applicable law. The Site and the Products (as defined below) offered by the Site are not available to minors. If you are not eligible to use the Site under this or any other section of these Terms, you may not use the Site, make a reservation with us or order any other Product (as defined below). By doing so, you confirm that you are eighteen (18) years of age or older.
You also confirm that you are legally authorised to make any Transaction (as defined below), including in respect of any reservation, for either yourself or for another person for whom you are authorised to act. You may only use this Site to make legitimate Transactions (as defined below) and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
We reserve the right to cancel or modify any Transaction (as defined below), including in respect of any reservation, where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the Transaction (as defined below) contains or resulted
from a mistake or error, or from an attempt to circumvent our or the hotel policies, terms or conditions.
You understand that overuse or abuse of the reservation facilities of this Site may result in you being denied access to such facilities. Some rates have special eligibility requirements. It is your responsibility to verify that you qualify for the rate that you have booked. Our hotel staff are not obligated to honour rates if you do not qualify.
The Site may not be available for use in jurisdictions outside the UK. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
We may advertise "Products" (being, collectively, our goods (i.e. physical things you can move) or services or related coupons or discounts, and including any reservations at our hotels and restaurants) that are available to order and/or book through the Site, when you visit us or which we may inform your about when you call us. When you order any Product (a “Transaction”), our contract with you will be formed according to the following process.
2.1 Placing your order
We will advise you of the cost of your Transaction at the time at which you place your order, including any applicable booking fees. You agree to pay all charges incurred by you or on your behalf at the prices in effect when such charges are incurred, including all shipping and handling charges. Except in respect of any VAT you pay us as a consumer (which shall be included in the price we charge you), you are responsible for any taxes applicable to your Transactions. Where relevant, we will inform you of any shipping costs and an estimation of the relevant delivery date at the time of your order.
If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and (where relevant) your shipping information. You confirm that you have the right to use any payment card that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions, such as to process your payment. Verification of information may be required prior to the acknowledgment, acceptance or completion of any Transaction.
By making a Transaction, you confirm that the applicable Products will be used only in a lawful manner.
2.2 How we will accept your order
Where you make a Transaction, our acceptance of the Transaction will take place when you receive email confirmation that your Transaction has been accepted (either from us or, if you book or place your order through a third party, from the third party), at which point the contract between us will come into existence.
2.3 If we cannot accept your order
There may be some instances where we are unable to accept your order, such as where the subject of your reservation is no longer available, the relevant Product is now out of stock, we have identified a pricing or product description error or you are in breach of these Terms (or any other agreement with us). We will inform you via email in the event that we are not able to accept your order as soon as possible.
2.4 Processing payment
When you make a reservation to stay with us, we will take your payment details at the time of booking and then will require payment at check-in (or in respect of any of our restaurants, at the end of your meal), unless pre-payment is required in accordance with any specific booking or payment terms that are made available/notified to you when you seek to make a Transaction.
When you visit one of our restaurants, we will take payment at the end of your meal, unless you are staying with us, in which case we may, at our election, allow you to add the meal to your room's account.
While staying with us, you may purchase items from the minibar located in your room, we will add the value of such items to the account associated with your room according to the price list provided in your room. We will then take payment for such items at check-out.
When you order any other Product (e.g. our branded products), we will take payment at the point of order (if online) or sale (if in person).
3. PRODUCTS AND RESERVATIONS
The Site may make available listings, descriptions and images of the Products, as well as references and links to third party product
3.1 Our Products
Please note that certain images, weights, measures and similar descriptions that we provide in relation to our hotel (e.g. our rooms and common areas) and our other Products are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of our Products, including indicative rooms at our hotel and colours in which our goods are available, however the actual colours you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.
3.2 Third party products
The availability through the Site of any listing, description or image of a third party product does not imply our endorsement of such product or affiliation with the provider of such product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Please note that where you may go on to purchase a third party product, your contract is with the relevant third party and you should review the third party's relevant terms and conditions.
Where you have made a Transaction for a Product that needs to be shipped, the Product will be shipped to the address designated by you, so long as such address is complete and complies with the shipping restrictions contained on the Site. Please note that we cannot ship our Products to locations outside the UK. We therefore do not accept orders to deliver such Products to addresses outside the UK.
If shipping is delayed by an event outside our reasonable control, we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the extent of the delay. Please note that, provided we take such steps, we will not be liable to you for any such delay; however, if there is a significant delay, you may contact us to end the contract and receive a refund for any Products that you have not received. We will not be liable for any delay if you provide us with incorrect information.
All Transactions which require Products to be shipped are made pursuant to a shipment contract and, as a result, you are responsible for attending your chosen address at the time of delivery that is notified to you and/or rearranging delivery with the shipping company. If you fail to re-arrange delivery, we reserve our rights to (i) charge you for
any additional costs we incur in storing your ordered Product and (ii) end your contract. Responsibility for any Product that is shipped passes to you upon delivery of the Product to your chosen address and you will own the Product once it is delivered to you.
5. HOTEL RESERVATIONS
5.1 Making your reservation
Where you make a reservation to stay with us, you agree to the conditions at the time of your reservation and for the duration of your stay.
- (a) Each room may only be occupied by the number of adults and children advertised at the time of your reservation. If you are unsure about the occupancy of any room, you must ask us prior to making your reservation.
- (b) If you have any accessibility requirements, you must provide these at the time of reservation so that we can ensure we provide you with an appropriate room. In some instances we may not be able to accommodate your booking if you inform us of these requirements after we have accepted your reservation.
- (c) Any minor must be
accompanied by an adult over the age of eighteen (18). Please note that we may require you to provide a form of photo identification to prove your age at any time. If you are unable to do so, we reserve the right to terminate your reservation without a refund. Minors must not be left unattended on the premises at any time.
- (d) Unless you have our prior written consent, you may not use our premises to conduct any commercial activities.
- (e) You may only smoke in our designated smoking areas outside the hotel. You must not smoke in any other area, including anywhere inside the hotel.
- (f) You may not bring onto our premises (i) any hazardous or otherwise potentially dangerous items, (ii) any cooking equipment, and (iii) any drugs or other illegal substances.
- (g) You must not damage or interfere with any items that belong to us, our staff or our other customers. You must bring any such damage or interference promptly to our attention.
- (h) You must not disturb any other customers or our staff,
including any noise disturbance.
- (i) Except for guide dogs, assistance dogs and hearing dogs, unless you have our prior written consent, you may not bring any pets, insects or other animals into the hotel.
- (j) You may only consume alcohol in public spaces on our premises that is purchased from the hotel's restaurant or bar or that you request via room service.
You are responsible for all members of your reservation. If you or they breach any of the above terms, we may (i) terminate your reservation, (ii) (if applicable) subject to (5.1(c)) refund you for any unused portion of your reservation in accordance with our cancellation policy, (iii) retain any monies you have paid and/or apply an appropriate charge for any loss or costs we have incurred. You understand that such costs may involve (a) cleaning, repair, replacement and/or remedying any damage caused by your or another member of your booking's action or omission, (b) the cost of any relevant room (at the relevant rate at the time) that it is unusable, (c) any payments (including refunds) that we are consequently required to pay to our other customers, and (d) our administration expenses.
We reserve our rights to take any further action and may require you to make immediate re-payment of any costs and/or losses we may incur, deduct any such costs and/or losses from any payment details we hold in connection with your reservation or instruct a third party to recover our reasonable costs. We will send an appropriate breakdown of any such costs to the address provided in connection with your reservation.
5.2 Check-in and check out
At check-out you will be required to pay for any additional charges you have incurred during your stay, including (where applicable) any room service, minibar charges and meals in our restaurant for which you have not already paid. If charges you incur during your stay are not reflected at the time of check-out (for example, if you need to check-out very early in the morning and wish to pay the night before), we will deduct payment for these charges from the payment method you provided at booking within two days.
If the type of room you have booked is unavailable (except where due to an event outside our reasonable control – see Section 23.9) on your arrival, we shall either:
- (a) provide you with an alternative room of equivalent or greater value (for which no additional charge will be payable);
- (b) arrange a reasonably equivalent room for you in a third party hotel and pay your reasonable costs of transport to that hotel and any reasonable additional cost of such room; or
- (c) at your request or where, in our reasonable opinion, we are unable to find a suitable alternative, cancel your reservation and refund you any money you have already paid.
Please note that where we provide you with alternative accommodation, you shall have no right to receive a refund for any sums paid.
If you make one or more reservations to stay at our hotel for a period of twenty eight (28) concurrent days, we may require you to move rooms. If you refuse to do so, we may terminate your reservation and refund any sums you have paid for any unused portion of your reservation.
6. YOUR RIGHT TO MAKE CHANGES
If you change your mind and wish to make a change to your Transaction, please contact us at firstname.lastname@example.org, enclosing your confirmation / transaction number. We will let you know if the change is possible and any consequent changes, such as to the price or date and ask you to confirm whether you wish to proceed with the change. Please note that we reserve the right to charge a fee to amend any order.
If we are unable to make your requested change or the consequent changes are unacceptable to you, you may, to the extent you are permitted to do so, wish to end the contract (see Section 8).
7. OUR RIGHT TO MAKE CHANGES
7.1 Changes to these Terms
We may make changes to these Terms from time to time. If we make changes to these Terms, we will notify you, such as by updating the “Effective Date” above and/or posting a notice on the Site. If you do not agree with the new version of these Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Site or make any new Transaction. By continuing to use the Site or by making a Transaction after the Effective Date you confirm your acceptance of the revised version of these Terms.
7.2 Changes to our Site and advertised Products
We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
Any information on our Site and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Subject to applicable law and Section 7.3 below, we reserve the right, including without prior notice, to limit the available quantity of, or discontinue making available, any Product; to impose conditions on the honouring of any offered coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product.
7.3 Products subject to an order
If you have not yet paid us in full for a Product and the rate of VAT changes between the date of your order and date of payment, we reserve the right to adjust the rate of VAT that you pay.
If, in accordance with Section 2, we have already accepted your order and we have not fulfilled such order at the time of updating these Terms, we reserve the right to make certain minor adjustments to the Product and/or these Terms. These minor changes may include, by way of example, where we are required to do so by a change in applicable law or regulation or if we are renovating a certain part of the hotel. For example, we may need to update the room you have chosen in connection with a renovation or due to a
change in health and safety law, or change or replace a Product you have ordered in connection with product liability regulation.
In certain circumstances we may need to make more substantive changes to these Terms, your Product-specific terms and/or the Products you have ordered. If such a change is required, we will notify you of the relevant change and a reasonable period during which you can object to such change. If you notify us of your objection prior to the end of this period, you may elect to end the contract before the relevant changes take effect and receive a refund of any payments you have already made for any Transaction (or part thereof, as applicable) that has not been fulfilled.
8. YOUR RIGHTS TO END THE CONTRACT
If you wish to end your contract, please contact us at email@example.com.
You have the statutory right to receive any Products you order in accordance with these Terms and the product-specific terms. If the Product you receive is
materially different to its description on our Site, we have provided an inadequate service or the Product is faulty, we may replace it (such as delivering a replacement or providing an alternative room) or you may be entitled to a refund. If you wish us to replace a faulty Product, you must return it to us (where applicable) at our cost.
8.1 Products other than reservations
In some circumstances you also have the right to change your mind within fourteen (14) days (a) for goods, from the day on which you receive the goods, or (b) for services (except in respect of fixed reservations), from the day on which we confirm acceptance of your order (unless we have already completed the services). If you notify us within this period, you may receive a refund (provided (where applicable) that you return any ordered good(s) to us at your cost). Please note that we may be able to retain some or all of the sums you have paid to us for your ordered good(s) to cover our reasonable costs. If you wish
to cancel your order within this period (except in the case of a reservation – see below), please contact us on the email above or complete the form HERE.
If you change your mind about a reservation, please see our cancellation policy as provided at check-out when you make your reservation and in your confirmation email.
9. OUR RIGHTS TO END THE CONTRACT
We may end your contract by notifying you in writing if (a) you do not pay us when due, (b) you are in breach of these Terms or the product-specific terms, (c) where relevant, you do not, within a reasonable time, allow us (or our relevant shipping partner) to deliver your ordered Product, or (d) you do not show up at your chosen hotel on the first day of your reservation.
If we end the contract, we will refund you for any Products you have not received, however, we will be entitled to deduct reasonable compensation for the costs we have or will incur as a result. We reserve the right to impose a cancellation charge according to our cancellation policy as available at the time of booking and provided to you in your confirmation email where: (i) you do not arrive at your chosen hotel on the first day of your reservation or for your restaurant reservation within a reasonable period from the start time of your reservation (and we will cancel your reservation in each case); or (ii) you do not cancel your restaurant reservation on reasonable notice to us in advance.
We may also end the contract in limited circumstances where we have accepted your order and we have made an obvious pricing or Product error that could reasonably have been recognised by you as such. In such circumstances, we may end the contract, refund you any sums you have paid and (where applicable) require the return of any Products you have received.
Where you are entitled to a refund of some or all of the sums you have paid for any Product, we will refund such sums via your original payment method within fourteen (14) days of the date on which your Product is cancelled (subject to local regulations). Where you have paid using a voucher, we will refund you by issuing a new voucher of equivalent value.
11. OUR USE OF YOUR PERSONAL DATA
12. RULES OF CONDUCT ON OUR SITE
Unless you have received our express prior written consent, in connection with the Site, you must not:
- (a) post, transmit, submit to, or otherwise make available through or in connection with the Site, any materials that are or may be: (a) illegal, threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libellous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right;
- (b) post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- (c) use the Site for any purpose that is fraudulent or otherwise tortious or unlawful;
- (d) harvest or collect information about users of the Site;
- (e) interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks;
- (f) restrict or inhibit any other person from using the Site;
- (g) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan,
timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorised herein;
- (h) reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law;
- (i) remove any copyright, trademark or other proprietary rights notice from the Site;
- (j) develop any means or use any third-party means that interact with the Site, including any scripts designed to scrape or extract data from the Site;
- (k) frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service;
- (l) systematically download and store Site content;
- (m) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site. Notwithstanding the foregoing, and subject to compliance with any
instructions posted in the robots.txt file located in the Site’s root directory, we grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice; or
- (n) download or use any of the photography on the Site.
We reserve the right, in our discretion and at any time, to block or remove any content from the Site, suspend or discontinue any part of the Site, introduce new features or impose limits on certain features, or restrict access to parts or all of the Site.
13. REGISTRATION; USER NAMES AND PASSWORDS
To access and use certain areas or features of the Site, you may need to register for an account. By creating an account, you agree to (a) provide accurate,
current, and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.
14. OUR PROPRIETARY RIGHTS
We and our group companies own the Site, which is protected by proprietary rights and laws. Subject to your compliance with the Terms, and solely for so long as you are permitted by us to use the Site, you are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell, or commercially use the Site or Products; (b) copy, reproduce, distribute, publicly perform, or publicly display the Site, except as expressly permitted by us or our licensors; (c) modify the Site, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Site; (d) use any data mining, robots, or similar data gathering or extraction methods; and (e) use the Site other than for their intended purposes. Any use of the Services or the content other than as specifically authorised herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Our trade names, trademarks, trade dress and service marks include (but are not limited) to "Graduate Hotels" and "Poindexter Coffee" and any associated logos (collectively, the “Graduate Marks”). All trade names, trademarks, trade dress, service marks and logos on the Site not owned by us are the property of their respective owners. You may not (either directly or indirectly) use, copy, reproduce, republish, upload, post, transmit, distribute, register, attempt to register, or modify these marks, or any other marks that are confusingly similar to these marks, or any other marks appearing on this Site without our written consent. This prohibition on use of the Graduate Marks
includes, without limitation, use as meta tags, in domain names, and on other sites.
Our Site content (including but not limited to text, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, software used to operate the site, and all compilations of any of the above) is our property, or the property of our content suppliers and vendors, and are protected by copyright laws. You may use this Site’s content and downloadable software only as resources for your travel needs, and not for any other use (direct or indirect). Nothing contained on the Site should be construed as granting any right to use any copyrighted material, trade names, trademarks, service marks or logos without the express prior written consent of the owner.
We encourage feedback from users on how we can further improve accessibility to our Site by emailing us at firstname.lastname@example.org. If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Site or any of our Products (“Feedback”), then you agree that your disclosure is gratuitous, unsolicited, non-confidential and without restriction. We are free to use Feedback without any acknowledgement or compensation to you. We will be free to use, disclose, reproduce, license, distribute, modify, perform, display, and exploit the Feedback you provide, without any restriction of any kind on account of intellectual property rights or otherwise. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
16. THIRD PARTY MATERIALS; LINKS
Certain Site functionality may make available access to materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
You acknowledge and agree that your interactions with such third parties are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
17. DISCLAIMER OF WARRANTIES
The Site and Third Party Materials are made available to you “AS IS” without any warranties of any kind, whether express, implied or statutory. We disclaim all warranties with respect to the Site and Third Party Materials to the fullest extent permissible under applicable law, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, and that use of the Site will be uninterrupted or error-free. All disclaimers of any kind (including in this Section and elsewhere in the Terms) are made both on our behalf and on behalf of our affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”). Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion and limitations may not apply to you.
18. LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits our liability for fraud, death or personal injury caused by our negligence or any other matter that it would be illegal for
us to (or to attempt to) exclude or limit.
18.2 All reservations
We want you to enjoy your stay with us and so we try to provide a safe and secure environment at our hotel. Under the UK Hotel Proprietors Act 1956 (the "Act"), we may be liable for loss or damage to your property while you are staying with us. Where the Act provides that our liability is capped at an amount, we will only be liable up to the maximum sums under the Act. If your belongings are stolen, lost or damaged during your stay, we will carry out an internal investigation. If we do not feel certain that your property was stolen, lost or damaged through any fault of ours, our staff or any third parties acting on our behalf our liability will be limited to the maximum sums under the Act and if an incident is referred to the Police and they draw the same conclusion as us this will also be evidence that our liability is limited to those maximums.
We accept no liability for damage to or theft of any vehicles, or property in them, that you bring to or leave at our premises.
We and our Affiliated Entities will not be liable for any unforeseeable losses (being losses that we cannot foresee at the time of entering into the contract), business losses (for example your loss of profit, loss of business, business interruption or loss of business opportunity) or any losses caused by you or where you are at fault.
In respect of any reservation that you make to stay with us, and subject to the paragraph above, our maximum aggregate liability to you (including all members of your reservation) in respect of all damages, losses and causes of action that are not subject to a maximum sum under the Act, in accordance with Section 18.2, is subject to a cap of twice the average daily rate of your reservation.
Our maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise in respect of your use of our Site, shall be the greater of £10.00 or the total amount, if any, paid by you to us to use the Site.
In respect of any Product that is not a reservation, our maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise in respect of your use of such Product, shall be the greater of £10.00 or twice the total amount, if any, paid by you to us for the Product.
To the fullest extent allowed by applicable law, we and our Affiliated Entities will not be liable for (a) damages for loss of profits, use, or data, revenue, income, profits, value of assets or securities, or other intangibles, even if advised in advance of the possibility of such damages or losses or (b) any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory.
Without limiting the foregoing, we will not be liable for damages of any kind resulting from your use of or inability to use the Site or from any Products or Third Party Materials.
Your sole and exclusive remedy against us and our Affiliated Entities for dissatisfaction with the Site or any Products or Third Party Materials is to stop using the Site and to end your contract with us.
Our maximum aggregate liability for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of £10.00 or the total amount, if any, paid by you to us to use the Site and for any Product.
The Terms are effective until terminated.
19.1 Your use of the Site
We may terminate or suspend your use of the Site at any time and without prior notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. Upon any such termination or suspension, your right to use the Site will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.
We may terminate or suspend any Transaction in accordance with Section 9 above.
19.3 Surviving Terms
Sections which, by their nature, are intended to survive shall survive any expiration or termination of the Terms.
20. GOVERNING LAW; JURISDICTION
If you are a consumer, these Terms and your contract with us are governed by English law and you can bring legal proceedings in respect of your contract with us in the English courts. If you live in Scotland, you can bring legal proceedings in respect of your contract with us in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of your contract with us in either the Northern Irish or the English courts.
If you are a business, any dispute or claim arising out of or in connection with these Terms or your contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
21. INFORMATION OR COMPLAINTS
If you have a question or complaint regarding the Site, please send an e-mail to email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
22. COPYRIGHT INFRINGEMENT CLAIMS
If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a written notice by mail, e-mail or fax, requesting that we remove such material or block access to it.
23.1 No Partnership
The Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us.
23.2 Rights of Third Parties
This contract is between you and us. There are no third-party beneficiaries intended under these Terms except in respect of any term that is expressed to include our Affiliated Entities, who may seek to enforce such term(s) against you.
If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provision.
23.4 Waiver and Assignment
You may not assign, transfer or sublicense any or all of your rights or obligations under the Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under the Terms without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No failure or delay on our part in exercising any right or remedy hereunder or enforcing the terms and conditions of the Terms will operate as a waiver thereof.
Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in the Terms shall be construed as if followed by the phrase “without limitation.”
23.6 Entire Agreement
The Terms, including any terms and conditions incorporated herein, are the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.
Notices to you (including notices of changes to the Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail.
Without limitation, a printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
23.9 Events beyond our reasonable control
We will not be responsible for any failure to fulfil any obligation due to any cause beyond its control. Where we are prevented by applicable, law, regulation, government order or similar requirements from fulfilling your Transaction, for example during or in connection with the COVID-19 pandemic, we will provide you (to the extent reasonably practicable) with reasonable notice in advance and in such circumstances we may suggest alternative dates. If you are unhappy with the amended dates, you have the right to end our contract. In such cases, you recognise that we will not be liable to you for any amount in excess of the price paid for the unfulfilled Product (or part thereof).
24. CONTACT US
If you have any questions relating to the Terms, please contact us at: 429 Chestnut Street, Nashville, TN 37203, USA or firstname.lastname@example.org.
SCHEDULE 1 MODEL CANCELLATION FORM
Complete and return this form only if you wish to withdraw from the contract. Please do not use this form if you wish to cancel a reservation (instead please contact email@example.com).
To [GCUK Operator Ltd, 54 Portland Place, London, England, W1B 1DY / GOUK Operator Ltd, 115 George Street, 4th Floor, Edinburgh, Scotland, EH2 4JN] [*], firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*].
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
[*] Delete as appropriate