GLASGOW CITY MARKETING
BUREAU LIMITED
WEBSITE USE AND ON-LINE BOOKING TERMS AND CONDITIONS
1
INTRODUCTION
1.1
The website
www.seeglasgow.com/hotels (the “Site”) is made available by GLASGOW CITY MARKETING
BUREAU LIMITED, a company incorporated under the Companies Acts with
registered number SC275945 and
having its registered office at 11 George Square, Glasgow, G2 1DY (“GCMB”). GCMB shall make the Site available and
supply the Services (as defined
below) on the following terms and conditions.
1.2
These terms and conditions apply to your use
of the Site and to any
accommodation booking you make using the Site (a “Booking”). Please
read them now. If you are not willing to
accept these terms and conditions you may not use the Site. Any breach of the
terms and conditions by you may, at GCMB’s sole
discretion, result in your rights to access the Site being suspended or
removed.
1.3
If
you wish to make a Booking you appoint GCMB as your agent to conclude that
Booking on your behalf (the “Services”). By entering the Site and using the Services, you are deemed to have
accepted and agree to be bound by these terms and conditions. Sections 7 to 12 (inclusive) of these terms and conditions will apply
only if you wish to make a Booking.
1.4
You
should print a copy of these terms and conditions for future reference.
2
GENERAL DISCLAIMER
2.1 The Site and its contents are for general information only and are provided “as is” and on an “as available” basis. Nothing on the Site is, or shall be deemed to constitute advice or any form of recommendation. Accordingly, to the maximum extent permitted by law, GCMB excludes all representations, warranties, conditions and other terms. Specifically, GCMB make no warranties, representations or undertakings about:
· any of the content of the Site (including, without limitation, any as to the quality, accuracy, currency, completeness or fitness for any particular purpose of such content); or
· any content of any other third party website referred to or accessed by hypertext link through the Site.
GCMB makes no guarantees that the Site is free from
so called computer viruses. It is
strongly recommended that you check for such viruses before downloading the
Site or any of its contents.
3 LINKS
3.1 The Site may contain links to websites operated by third parties (“Third Party Websites”). GCMB does not control Third Party Websites and is not responsible for their content. The inclusion of such links does not imply any endorsement or approval of any products, information, materials or services offered or provided on Third Party Websites, or any association with their operators.
4
SITE LIABILITY
4.1
GCMB accepts no liability for any claims,
penalties, loss, damage or expenses howsoever arising from:
·
any reliance placed on the content of the Site;
·
the use or inability to use the Site or
Services; or
·
any unauthorised access
to or alteration to the Site.
This
clause shall not exclude liability for death or personal injury caused by GCMB’s negligence.
5
INTELLECTUAL PROPERTY
5.1
The content of the Site (including, but not limited to
all text and artwork) is protected by copyright. The copyright is owned by GCMB or is otherwise licensed from a third
party for use by GCMB. “
5.2
You may view or download any part of the Site for
private purposes, but you are not permitted, without GCMB’s
permission, to:
· store the Site, or any part of the Site, for any other purpose;
· print copies of the Site, or any part of the Site, for any purpose other than keeping a record of the Services;
· reproduce, copy or transmit the Site, or any part of the Site, in any way, for any other purpose or in any other medium.
All other rights which are not specifically granted are reserved.
6
SERVICE ACCESS
6.1 While GCMB endeavours to ensure that the Site is normally available 24 hours a day, GCMB shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond GCMB’s control.
Unless otherwise agreed by us these terms
and conditions are the only conditions upon which GCMB is prepared to offer the
Services to you. These terms and conditions
shall constitute the whole agreement between GCMB and you and shall govern the
contract between GCMB and yourself to the entire exclusion of all other terms
or conditions.
8
BOOKINGS
8.1
By using the on-line booking facility on the
Site, you appoint GCMB as your agent to make Bookings on your behalf with the
hotel providing the accommodation that you have selected (the “Hotel”).
Once you have submitted your Booking request a booking contract made up of the
details of the Booking and these terms and conditions will be formed between
you and GCMB (the “Contract”).
8.2
Once you have confirmed the details of your
Booking, you will be invited to conclude the Booking request and accept these
terms and conditions by selecting the “Book Now” icon. GCMB will treat
that action as your acceptance of these terms and conditions and your offer to
contract with the Hotel. GCMB will then process that offer on your behalf.
8.3
Once GCMB has processed your Booking GCMB
will confirm your reservation on-line and will send you the Confirmation E-mail
providing you with the details of your reservation, the accommodation, your
reservation reference and password (the “Confirmation E-mail”). Once you
have received the Confirmation E-mail, a legally binding contract for the
provision of the accommodation booked
will be made between you and the Hotel.
8.4
A maximum of 3 rooms can be reserved in any
one Booking. If you wish to book any more than
3 rooms on the same date at any one Hotel, these Terms and Conditions
will not apply and you should make that booking directly with the Hotel under
the Hotel’s own booking terms and conditions.
8.5
GCMB will retain an electronic copy of your
Booking on its system and a copy of the Contract will be made available to you
by GCMB with the Confirmation E-mail.
9
PRICE
9.1
Unless
otherwise agreed by GCMB in writing, the price of the Booking will be the price
displayed on the Site. This price shall be the total charge for the
accommodation levied by the Hotel for the whole period of the Booking inclusive
of Value Added Tax or any other applicable sales tax.
9.2
Prices
may change at any time, but changes will not affect Bookings in respect of
which GCMB has already sent you a Confirmation E-mail.
9.3
It is
always possible that, despite GCMB’s best efforts,
some of the prices listed on the Site for accommodation may be incorrect. Neither GCMB or the Hotel is under any
obligation to provide the accommodation to you at the incorrect (lower) price,
even after GCMB has sent a Confirmation E-mail, if the pricing error is obvious
and unmistakable and could have reasonably been recognised
by you as mis-pricing.
10
PAYMENT
10.1
When making a Booking, you must provide GCMB with
payment details including credit/debit card details (“Payment Details”). Payment
Details will be collected and stored by GCMB for the purposes of guaranteeing
your Booking. By agreeing to these terms and conditions you authorise
GCMB to pass your Payment Details to the Hotel in the event that the Hotel is
entitled to make a cancellation charge under Clause 11.4. GCMB will not use your Payment Details for any other
purpose and will not retain any copy of your Payment Details after 3 days from
the date on which your stay at the Hotel finishes.
10.2
GCMB shall not be responsible for taking payment for
your Booking and the Hotel shall be responsible for taking payment for your
Booking at the time of your stay unless otherwise agreed.
11
CANCELLATION
POLICY
11.1
You may cancel any Booking by any of the following
methods:
11.1.1
by
clicking on the link “Cancel your Booking” provided in the Confirmation E-mail,
logging on using your reservation reference and password and completing the
on-line cancellation process;
11.1.2
by
contacting the Hotel directly; or
11.1.3
emailing GCMB at accommodation@seeglasgow.com.
11.2
If
you cancel your Booking using the on-line cancellation process or by contacting
GCMB directly, your Booking will be deemed to be cancelled once you have
received an e-mail from GCMB confirming that the cancellation is effective.
11.3
Any
Booking may be cancelled by using one of the methods outlined in Clause 11.1 up to 24 hours prior to the commencement of the stay covered by your Booking without penalty.
11.5
If the Hotel requires to cancel or amend your
Booking at any time, it will contact you directly in those circumstances.
11.6
Unless your Booking has already been cancelled, your
failure to arrive on the date of your Booking will be treated as a cancellation
and the Hotel may charge you the full price of your Booking in accordance with
Clause 11.4.
11.7
If after your arrival at the accommodation you fail
to stay the full duration of your Booking, the Hotel may recover from you an
amount as a reimbursement for revenue lost as a result of the room sitting
empty, which charge shall not exceed the full price of the Booking.
12.1
If
you wish to alter your Booking, you must do so by contacting the Hotel
directly. All alterations made to any
Booking can be made up to 24 hours prior to your Booking.
12.2
Alterations
made less than 24 hours prior to the Booking may be deemed to be a cancellation
and the Hotel may charge you the full price of the Booking in accordance with
the cancellation policy set out in clause 11.4.
12.3
Where
an alteration to the Booking results in a change in the total price of the
Booking the price you will be charged the new price quoted by the Hotel.
13
COMPLAINTS
Any complaint you have in relation to the
Hotel or the accommodation should be made to the Hotel.
14
DATA
PROTECTION
Please
read the Privacy Policy for details of how GCMB will use information about
you. By agreeing and accepting these
terms and conditions you hereby agree and accept the terms of GCMB Privacy
Policy.
15
SERVICES
LIABILITY
15.1
GCMB
shall, in no circumstances, be liable to you in contract, delict
(including negligence or breach of statutory duty) or otherwise, in respect of
any of the following:- loss of profit, business, contracts, revenues or
anticipated savings, increased costs or expenses, special, indirect or consquential or loss or damage (whether such losses or
damages were foreseen, foreseeable, known or otherwise) arising out of a
Booking.
15.2
In any event, the total maximum aggregate
liability of GCMB under these terms and conditions and any Services provided,
in any manner whatsoever shall be limited to the amount equal to the total sums
paid by you in relation to the Booking.
15.3 GCMB shall have no liability for the Hotel’s negligence or failure to meet its obligations in relation to the Booking.
15.4
Nothing
in these terms and conditions shall exclude or limit the liability of GCMB for
death or personal injury caused by GCMB's negligence,
or shall exclude GCMB’s liability for fraudulent
misrepresentation.
16
CHANGE
GCMB reserve the right to amend or replace
these terms and conditions at any time.
If GCMB make any substantial changes, GCMB will notify you by posting a
prominent notice on the Site.
17
WRITTEN
COMMUNICATIONS
Applicable laws require that some of the
information or communications GCMB send to you should be in writing. When using the Site, you accept that
communication with GCMB will be mainly electronic. GCMB will contact you by e-mail or provide you
with information by posting notices on the Site. For contractual purposes, you agree to this
electronic means of communication and you acknowledge that all contracts,
notices, information and other communications that GCMB provide to you
electronically comply with any legal requirement that such communications be in
writing. This condition does not affect
your statutory rights.
18
ASSIGNATION
GCMB may at any time assign the Contract
or any of GCMB’s rights or obligations under it
without your consent.
19
SEVERABILITY
If and in so far as any part or provision
of these terms and conditions are or become void or unenforceable, the other
provisions of these terms and conditions and the remainder of the provison in question will remain in full force and effect.
20
FORCE
MAJEURE
GCMB reserves the right to defer the date
of delivery or to cancel the Services for all circumstances beyond its
reasonable control, including but not limited to any strike, lockout, disorder,
fire, explosion, accident or stoppage of or affecting GCMB's
business or work and which prevents or hinders the delivery of the Services or
the performance of the Services.
21
GOVERNING
LAW
These terms and conditions will be
governed by and construed in accordance with Scots Law. The Scottish Courts
will have exclusive jurisdiction to deal with any dispute which may arise out
of or in connection with these terms and conditions.
22
ENQUIRIES
For all enquiries please contact