This Agreement is made between TravelPortal.IO Ltd, a company registered in England and Wales with company number 12160647, whose registered office is at Stopford Associates, Synergy House, Commercial Gate, Mansfield NG18 1EX ("we", “us” or “our”) and you, our customer as identified in your booking. If you are make a booking on behalf of yourself and one or more other people, then you confirm that you have their consent and that they agree to be bound by these terms on a joint and several basis.
1. Your Booking
1.1 We will act as your agent to book the accommodation selected in your booking. Your contract for the accommodation will be with the provider of that accommodation: it is your responsibility to check and comply with the accommodation provider’s terms.
1.2 We will confirm your booking by sending you a booking confirmation. No contract will arise until we have sent you the booking confirmation.
1.3 We will send any additional documentation relating to your booking to you by email.
2.1 Unless otherwise notified, you will be required to pay for the accommodation when making your booking.
2.2 If full payment is not required when you make your booking, you will be required to pay the balance by the date notified in the booking confirmation (the “due date”).
2.3 Failure to pay the balance by the due date may result in your booking being cancelled without further notice to you.
2.4 We may require you to pay interest on any overdue amount at the rate the prescribed periodically under the Late Payment of Commercial Debts (Interest) Act 1998 with interest accruing on a daily basis from the due date until the date of payment.
3. Amendments and Cancellations
3.1 Your booking confirmation will notify you of your rights to cancel, including any cancellation charges and the last date and time for cancelling your booking (the “cancellation deadline”). You may cancel your booking at anytime up until this date and time.
3.2 All cancellations or requests to change your booking must be sent to us by email or by using our booking portal.
3.3 Changes will be made to your booking if accepted by the accommodation provider.
3.4 Payment for cancellations received after the cancellation deadline may not be refunded unless we are able to obtain a refund from the accommodation provider.
3.5 An administration fee may be chargeable in respect of cancellations and/or refund requests. Any administration fee will be deducted from a refund before it is paid to you.
3.6 We will notify you as soon as practicable if the accommodation provider needs to alter or cancel your booking. If you are not satisfied with the altered accommodation, we will endeavour to assist you to make an alternative booking. If that is not possible, you fail to notify us of your choice or your do not wish to accept the alternative booking, we will offer you a refund.
4.1 If you have any compliant regarding our services or your booking, you should raise these with us in the first instance and we will use our reasonable endeavours to resolve your compalint in good faith.
4.2 If we are unable to resolve your complaint, we may refer the matter to the accommodation provider.
4.3 If you remain unsatisfied with the resolution of your complaint, you may refer the issue to our trade body.
5. Data Protection
6.1 You acknowledge and accept that bookings are subject to availability and to the description provided by the accommodation provider. We do not warrant that the accommodation will match its description or that any images will accurately represent the accommodation that is allocated to you.
6.2 Except as expressly set out in this agreement, all other warranties, representations and undertakings, whether express or implied, are excluded to the fullest extent permitted by law.
7. Limitation of Liability
7.1 Nothing in this agreement shall limit our liability for: (a) death or personal injury resulting from our negligence or that of our staff; (b) fraud or fraudulent misrepresentation; or (c) any liability which cannot be excluded or restricted by law.
7.2 Our liability in respect of the provision of accommodation (whether for breach of contract, in negligence or any other tort, under statute or otherwise at all) shall be limited in the first instance to the provision of replacement accommodation.
7.3 Without prejudice to clause 7.1, our aggregate liability in respect of all causes of action arising out of or in connection with this agreement (whether for breach of contract, negligence or other tort, statute or otherwise), shall not exceed an amount equal to the price paid or payable for your booking.
7.4 We shall not be liable to you for any indirect or consequential loss or damage, or for any financial loss, including anticipated savings, or loss of data.
8. Term and Termination
8.1 This agreement starts when we send you a booking confirmation and continues until completion of your stay in the relevant accommodation.
8.2 We may terminate this agreement if we do not receive payment for the accommodation in cleared funds when you make your booking or, if later, when the balance is due in accordance with clause 2.3.
8.3 Termination of this agreement will not relieve you from the obligation to pay for the accommodation if termination occurs after the cancellation deadline.
9.1 Force majeure: We shall not be liable to youfor any delay or failure to perform our obligations under this agreement arising from any cause beyond our reasonable control.
9.2 Exclusion of other terms: These terms set out the entire agreement and understanding between us, provided that nothing in this agreement shall affect our liability for fraudulent misrepresentation.
9.3 Assignment: Your booking and this agreement is personal to you and may not be assigned or the benefit transferred to anyone else, either in whole or in part, without our prior written consent.
9.4 Severance: If any provision of this agreement is or becomes invalid or unenforceable it will be severed from the rest to the extent that it is invalid or unenforceable without affect on any other part.
9.5 Third Party Rights: A person who is not a party to this agreement will have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms, provided that nothing in this clause 9.5 shall affect any right or remedy that exists or is available otherwise than pursuant to that Act.
9.6 Amendment: This agreement may not be amended, modified, varied or supplemented except in writing signed by or on behalf of both of us.
9.7 Jurisdiction: This agreement shall be governed by and construed in accordance with English law and we both agree to submit to the exclusive jurisdiction of the English Courts.
9.8 Interpretation: In this agreement, unless the context requires otherwise:
9.8.1 the clause headings are for convenience of reference only and shall not affect its construction or interpretation; and
9.8.2 the word "including" shall be understood to mean "including without limitation".