1. These Terms shall govern all use of this site and all enquiries and booking made via it. Please take the time to read these terms and conditions which set out the basis on which you may use this site and of any contractual relationship between us and any third party suppliers.
2. You confirm your agreement to these Terms every time you access any part of the Website or make use it or of any of its content. All bookings made via offpeakluxury.com will be subject to your acceptance of all Terms.
3. offpeakluxury.com ("the Website") is run by OPL Leisure Group Ltd ("the Company") of 33 Harrison Road, Halifax, West Yorkshire, HX1 2AF, England.
4. If you do not accept these Terms then you are not permitted to use this Website.
5. These Terms shall be the terms of trade governing our contractual relationship. As such the Company intends to reply upon these Terms. It is important that we avoid any problems surrounding what is expected of you any suppliers and the Company, and accordingly no modification or amendment shall be permitted unless otherwise expressly agreed in writing and signed by the both the Company and yourself.
6. Please note that the relationship between yourself and the Company will be conducted almost exclusively by e-mail. Therefore please do ensure you take special care when entering your e-mail address, and when you have made contact with the Company do regularly check your e-mail account (including any filter systems if these are operated in relation to your e-mail account) for feedback from us. If you change your e-mail address at any time following booking you understand that it shall be your obligation to notify the Company as soon as practicable thereafter so that your details can be updated.
Unlawful and Prohibited use of Website
7. It shall be a condition of your use of this Website that you warrant to the Company that you shall not use this Website for any purpose that is unlawful or which is otherwise prohibited by these Terms, and any notices.
8. You may not make any use of any material contained in the Website which would amount to an infringement of any intellectual property rights in the material (including without limitation any text, graphics and images which appear on the Website and the look and feel of the Website itself). For the avoidance of any doubt, images on the Website are incorporated for viewing purposes only and may not be saved, copied or downloaded in any format.
9. The Website makes use of pop-ups at various points to facilitate your understanding and use of the Website. If you have chosen to adjust your pc settings to preclude any pop-ups you acknowledge that will may not be able to participate in this additional facility.
Bookings and Other Purchases
10. Save where 11 applies, the Company will only charge to your credit or other payment card after the booking has been confirmed and reserved by the hotel. This will be deemed the point of purchase.
11. Some offers are made available by hotels on an instant allocation basis (where the offer shows the guaranteed availability on relevant dates). If you confirm your wish to buy such an offer this will be deemed the point of purchase and there will be a binding contract between us. Similarly, if you confirm your wish to buy Gift Tokens or Corporate Gift Vouchers this will be deemed to be the point of purchase.
12. Once your credit card has then been processed, the Company will as soon as practicable thereafter send you with a confirmation voucher which must be presented upon your arrival to the accommodation as evidence of your booking.
13. Please do check your confirmation voucher on receipt to ensure it accurately represents the booking or purchase you wished to make. If it contains any inaccuracies, please advise the Company by e-mail to email@example.com within 72 hours from the time the voucher was sent. Please be aware however that the Company shall not be obliged to adjust a booking in any way if incorrect details have been entered by the Customer.
14. Your credit card will be charged for the total cost (including any applicable taxes and booking fees as shall be advised) at the time of purchase.
15. A booking fee will be payable at the time of purchase, in addition to the advertised rate. (This charge is added to cover the associated costs of accepting the reservation). All booking fees are non-refundable. No booking fees will be charged for purchases of Gift Tokens or Corporate Gift Vouchers.
16. If you wish to amend your booking, you must inform the Company at the earliest possible opportunity. Any changes to your booking may result in an amendment fee, from £17.50 up to the full amount of the booking, if it is deemed by the Company that such an amendment effectively renders the original booking 'cancelled'. The Company may decide not to enforce such an amendment charge if it considers the change to be relatively minor and unlikely to incur a significant associated cost. You acknowledge that such decision shall be entirely at the discretion of the Company.
17. Any cancellations or amendments must be made, either by e-mail to the advertised "Contact Us" details for the Company. If you have not received a confirmation of cancellation or amendment within 24 hours after submission, then you agree to resubmit it to the Company.
18. If you wish to cancel your booking after the voucher has been issued, the Company will be entitled to make an administration charge of £35 per room.
19. If you cancel your booking less than 7 days prior to check-in, you will incur a cancellation charge equivalent to one night's stay. Any cancellations received within 48 hours of arrival shall be deemed a breach of contract and you will not be entitled to receive any refund.
20. Occasionally an offer presented may indicate that it is subject to the cancellation terms of the individual hotel. In this circumstance, any terms will be specified with the advertised offer, and shall in this respect only supersede these cancellation terms.
21. Hotels endeavour to provide favourable accommodation to our Customers. Some offers therefore include the possibilities of upgrades (for example to superior rooms). Please note that all such offers are subject to availability (unless the offer expressly states otherwise). Upgrades are allocated by the relevant hotel (often on the day of arrival) and are not determined by the Company. No guarantees or assurances can therefore be given by the Company or the Hotel prior to check-in.
22. In the unlikely event of a confirmed booking being unavailable, the Company will endeavour to offer an alternative hotel, or a similar or higher standard, or offer a full refund if preferred by you whereupon the liability of the Company shall cease. The Company will endeavour to contact you at the earliest possible opportunity to advise of any such unavailability. The Company will not have any liability to the Customer for any consequential loss. The liability of the Company is limited (where applicable) to the provision of a full refund. Customers are advised to consider taking out sufficient private travel insurance cover suitable for their own needs for any other losses.
23. Following all bookings or purchases the Company will communicate with you by e-mail with a confirmation voucher. If you do not receive anything from the Company please do ensure you contact the Company by e-mail to firstname.lastname@example.org at the earliest opportunity with details of your query.
24. If there are any changes to the personal details you have supplied to the Company it shall be your responsibility to inform us via our Enquiries Form or by e-mail to email@example.com at the earliest opportunity.
Gift Tokens and Hotel Break and Corporate Gift Vouchers
25. Gift Tokens can be redeemed against any promotion on the Website unless otherwise stated. All promotions are subject to availability and confirmation from the Company. No cash alternative is available.
27. General Provisions:
27.1 (Subject to 26 above) all Tokens and Vouchers must be redeemed within a period of 12 months from the date of purchase (as advised by the Company) and will expire thereafter. No late redemptions will be accepted. The Company's decision will be final.
27.2 No reimbursements will be provided for any unused token amounts, and no cash alternatives are available in any event.
27.3 Claim codes are non-transferable. Voucher e-mails or certificates have a cash redemption value of 0.001p.
27.4 Tokens or Vouchers cannot be claimed against purchases that have already been processed by the Company.
27.5 Multiple purchases may be made of Tokens and Vouchers.
27.6 All Tokens and Vouchers are issued by the Company and have no direct value with any hotel. Tokens and Vouchers must be used for the purchase of specific Accommodation via the Website. A confirmation voucher will then be sent to you by e-mail from the Company, and this may then be presented at check-in to the specific Hotel.
27.7 No booking fees are charged at the time a purchase of Tokens or Vouchers is made, however booking fees will apply in the usual way to any subsequent booking made via the Website against which a Token or Voucher is redeemed.
Feedback & Complaints
28. The Company acts as a booking agent for the featured promotions only and all complaints must therefore be referred directly to the relevant hotel. Hotels are under an obligation to ensure that their entry on the Website is accurate and regularly updated, and that it represents a fair portrayal of the hotel. Furthermore as a condition of their participation on the Website they agree to reasonably consider all formal complaints and to resolve them directly. In the unfortunate event that on arrival there is a problem or you otherwise have an unfavourable experience, please advise the hotel staff at the earliest opportunity. They will make every effort to assist you. Should you wish to make a formal complaint please notify this to the hotel in writing within 10 days of the end of your stay.
29. However, the Company would of course very much welcome your feedback both positive and negative on your experience of the Website and your travel and accommodation purchased through the Website. Please do feel free to get in touch with us via the listed "Contact Us" option on the Website. Your feedback will help us constantly review the promotions and featured hotels to ensure the best deals and highest standards are available to our customers at all times.
30. Protection of your privacy is important to us, and accordingly we undertake to only use personal information (being information which personally identifies you) ("Personal Information") for the legitimate purposes of fulfilling all aspects of your booking. You hereby confirm that you are happy for the Company to use your Personal Information to operate the Website and the Company, to verify your identity and protect against any fraud, to provide your Personal Information to necessary third-party service providers when you reserve or purchase travel or accommodation services, Tokens or Vouchers through the Company. We may also disclose your data to certain other permitted third parties such as members of our own group of companies, our professional advisors, and any other party we may be obliged to disclose to by law.
31. The Company may also disclose your Personal Information if required to do so by law.
32. You may contact The Company at any time to check that your Personal Information held by us is correct and current.
33. The Company may also occasionally wish to inform you of new features, service and products available from the Company (and any other companies under our control or on our behalf by third parties). This information will be sent either directly to you from the Company and other members of our own group of companies or on our behalf by third parties. We may also use URL and other similar information we collect to help provide you with a personalised service and direct promotions to you which are more likely to be of interest to you. If you do not wish to have your Personal Information used for the purposes under this section 33 you may opt out of this section by sending an e-mail to firstname.lastname@example.org. The Company will not send you e-mails you do not wish to receive but cannot guarantee than any third parties to whom your details have been sent will not do so.
34. The Company does not sell, rent or trade your personal information with third parties for marketing purposes without your express consent.
35. The information, products, services, and other material published on this site may regrettably on occasion include inaccuracies or typographical errors. Material is also regularly updated on the Website. It is acknowledged that the Company may make such changes and improvements to the Website as it shall see fit from time to time.
36. Accommodation booked through the Company may only be used by the agreed named individuals and is limited to use by the number of persons stated on the booking.
37. The Company cannot accept liability for any indirect, incidental, special or consequential damages arising out of or in any way connected with the use of this Website or with the delay or inability to use this Website or for any information, products, services and other material obtained through this Website save for any liability the Company may have as a result of any act, omission or breach of common law duty of care in respect of death or personal injury and which is recoverable on that ground. For the avoidance of doubt, the Company cannot accept responsibility for any loss or damage to any belongings or other property. Neither the Company nor the hotel shall be liable for any failure to fulfil its obligations hereunder caused by any event of force majeure (such as Acts of God strikes lockouts war riot civil commotion Order or Act of Parliament or any other event beyond their reasonable control. The Company does not provide any warranty that the Website is free from viruses or any other destructive matter.
38. offpeakluxury.com aims to offer a variety of superior accommodation to cater for the tastes and budgets of most of its potential customers. The expression 'luxury' inevitably means different things to different people. As such, the Company endeavours to provide you with sufficient details about our participating hotels to enable you to make an informed choice. Please be aware that any hotel room photographs are only a depiction of the type of rooms on offer and may not represent the actual room booked for you.
39You acknowledge that it is inevitable that hotels of a high standard with individual character are going to be popular locations for weddings and other social events, and that such events will often take place on weekends which may also be popular times for hotel breaks. Such events do not entitle any Customer to cancel a booking. Standard cancellation terms will apply.
40. Unless otherwise stated breakfast, lunch and dinner will not be included in the offer price. Please see our offers for details however as many contain special offers on inclusive meals. Please understand that some special and/or high value menus offered within the restaurants of participating hotels may be excluded from promotions in the hotel's discretion.
41. Please note that hotels may offer additional facilities and services beyond that which forms part of your booking (such as newspapers, films, internet access, telephone and fax facilities, baby-sitting facilities, laundry facilities etc.). Unless expressly included in the stated offer, please note that the hotel may reserve the right to make an additional charge to you in respect of your use of additional facilities and services offered by it.
42. The Company cannot provide any guarantees whatsoever that it can meet any specific additional requests or requirements of the Customer whenever communicated. Such requests or requirements shall not form a binding part of any contract between us. By way of example, and without limitation to the generality of the foregoing, it is acknowledged that most hotels offer Accommodation on a no-smoking basis, and the Company cannot guarantee the availability of a room in which the customer is permitted to smoke. Should Customers have very specific requirements or needs they may wish to consider making a purchase directly with a hotel.
43. Please be aware that many internet payment systems use a pre-authorisation system whereby at the time a booking is made a shadow payment is logged against a purchaser's account which naturally expires. Occasionally persons making a purchase may find their bank shows two payments against the account, when the Company will only have taken and received the payment once. If you have any concerns of this nature it might in the first instance be worth checking with your own bank for clarification of the position.
44. If the Website features any hyperlinks to other websites operated by third parties such links are provided for your reference only and the Company accepts no responsibility in respect of outside sites which are not controlled by the Company. Any such hyperlinks do not imply any endorsement of the material or products on such Websites or any association with their operators.
45. If any software is made available to download from this Website it is understood that you may not install, copy or use any software unless you first agree to any notified terms which apply to its use.
46. The Company reserves the right to change these Terms under which the Website is offered. The applicable terms to your booking shall be those in place at the time your booking is made with the Company.
47. This Website is provided from England & Wales for access and use by people both there and elsewhere. If you visit the Website from outside England & Wales you shall be deemed in effect to be visiting the territory of England & Wales. Accordingly you acknowledge that the laws of England & Wales shall apply for all purposes connected with your use of the Website and your booking. You hereby consent to the exclusive jurisdiction of the English Courts in respect of the resolution of any disputes which may arise out of or in relation to the use of the Website. Use of this Website shall be unauthorised in any jurisdiction which does not give effect to all provisions set out in these Terms (including without limitation this section).
48. You may not assign, licence, subcontract or otherwise delegate any rights, duties or obligations made by you hereunder.
49. You undertake that all details provided by you to us whilst using the Website are correct including that the credit or debit card you are using is your own and that there are sufficient funds available in the relevant account to cover the cost of the purchase.
50. The Company reserves the right to cancel a booking or purchase after the issue of a confirmation voucher if payment is declined or we have good reason to believe that incorrect cardholder details and/or billing information has been supplied to us during the transaction. We reserve the right to carry out random checks (such as checks against the electoral roll) in order to minimise the effects of credit card fraud. You agree that we may in our discretion request that you either fax or post proof of your address and a copy of a recent credit card statement before issuing a confirmation voucher. In making such a request, you understand that no accusation is made against you, this is purely something we may request at random in an effort to minimise fraud.
51. You are not permitted to use the website for any false, speculative, or fraudulent bookings.
52. You will ensure that all information provided by you to the Company is true and accurate.
53. Customers undertake to keep the visited premises and all the furniture, fixtures and effects in the same condition as at the commencement of the visit (with the only exception being for reasonable wear and tear). Customers must report any breakages and damage to the hotel as soon as possible and customers accept responsibility for any reasonable replacement or repair costs incurred as a result by the hotel or the Company. Customers agree to leave the visited premises in a clean and tidy condition it being understood that some hotels reserve the right to make additional charges for cleaning if the accommodation is not left in a reasonable condition.
54. You may not transfer the benefit of a booking to any other individuals without first having obtained the prior written consent of the Company (which it may withhold in its discretion).
55. All prices are expressed as inclusive of VAT unless the contrary is stated.
56. All customer e-mails are deemed effective only when received by the Company.
57. You agree that nothing in these Terms shall give rise to any joint venture, partnership, or employment or agency relationship between you and the Company as a result of this agreement or use of the Website.
58. If any provision in this agreement shall be determined to be invalid or unenforceable then the relevant provision shall be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
offpeakluxury.com very much hopes that you will enjoy your chosen booking and that it will exceed your expectations.
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