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Terms & Conditions and Disclaimer
Terms & Conditions of Use
These terms and conditions (as amended from time to time) apply to all our services directly or indirectly made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications (the “Website”) and/or by completing a reservation, you acknowledge and agree to have read, understood and be bound by the terms and conditions set out below.
The pages in the Website, including the content (the “Service”) are owned, operated and provided by Victoria Westmacott (the ?Web Manager?) and are provided for your personal, non-commercial use only, subject to the terms and conditions set out below. Specifically, You acknowledge that Web Manager is NOT a travel agent.
1. Scope of our Service
1.1??? The Website is aimed at assisting You in determining the availability and suitability of certain goods and services and/or purchasing such goods and services. The information contained in the Website is the unbiased opinion of the Web Manager and is based on a concerted effort to ascertain suitability and accuracy, but is not warranted as being accurate, complete or correct.?? Web Manager recommends travel agents/tours & packages/hotels/services/third parties etc because Web Manager likes them, and not solely because of any commission received by the owners/managers of those properties featured on the Website (?Property Providers?) or the booking agent representing them (?Travel Agents?).? Although Web Manager uses reasonable skill and care in performing it?s services, it cannot guarantee that all information is accurate, complete or correct, nor can it be held responsible for any errors, any interruptions, repairs, upgrades or maintenance of the Website or otherwise, inaccurate, misleading or untrue information or non-delivery of information. Each Property Provider remains responsible at all times for the accuracy, completeness and correctness of the rates and availability of properties displayed on the Website. The Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of any property featured. Therefore, all information contained within the Website should be treated by You as a matter of opinion, and not of fact.
1.2??? Nothwithstanding clause 1.1 above, You acknowledge that Web Manager may receive a payment from the Property Provider and/or Travel Agent (Property Provider and/or Travel Agent shall be collectively referred to as ?Holiday Representative?) for bookings made through the Website, similar to a fixed administration rate or click-through agreement.?? However, Web Manager discloses that it is not bound by the Holiday Representative to feature any Property on the Website and content included in the Website is included at Web Manager?s sole discretion.
1.3??? Web Manager recommends hotels and holidays that it believes, in its opinion, are family-friendly, however such a term is subjective in nature.? Family-friendly does not mean child-proofed or safe for children, however Web Manager makes reasonable efforts to highlight child-specific activities, accommodation and excursions in all the holidays featured on the Website.??? You are responsible for confirming any specific requests directly with the Holiday Representative and should ensure that you make all specific requests relating to travel, accommodation requirements etc to maximise your holiday experience.
1.4??? All requirements relating to Your ability to travel and reach your desired destination are Your responsibility entirely.?? For example, any travel whilst pregnant or the travel of unaccompanied minors is subject to specific airline conditions and You are responsible for ensuring that such conditions are met.
1.5??? It is strongly advised that You take out personal travel insurance, at the time of booking, for all members of Your party. It is Your responsibility to ensure that the insurance You purchase is adequate and appropriate for Your particular needs.
1.6??? Our services are made available for personal and non-commercial use only.? You are not authorized to resell, republish or otherwise engage in any commercial activity relating to the offers on our Website.
2. Reservations and Cancellations
2.1??? Booking enquiries made through the Website are referred to the Holiday Representative on Your behalf You agree that the Holiday Representative cannot confirm the price of an item until You complete Your order. By making a reservation through the Website, you enter into a direct (legally binding) contractual relationship with the Holiday Representative at which you book. Web Manager is not responsible for the booking, nor for any deficiencies in the Service provided by the Holiday Representative.? You agree that Web Manager is not liable in any way, whether foreseeable or otherwise, in relation to any contract or arrangement entered into between You and any Holiday Representative featured on the Website, nor for any services or arrangements You purchase, nor for the acts or omissions of any Holiday Representative, nor any other persons or parties connected with any arrangements that You may have made as a result of viewing content on this Website.
2.2??? Nothing on the Website constitutes an offer on our part or on the part of the Holiday Representative. The matters detailed constitute an invitation to You to make an offer on the stated terms to purchase arrangements featured. A Holiday Representative may accept or decline any such offer in its absolute discretion. All arrangements featured or referred to are at all times prior to specific confirmation subject to availability and no warranties, promises or representations are given as to availability.
2.3??? Where an offer of room availability is made on a particular property, the rooms are not held until You accept the offer. It is advisable that You accept any offers as soon as possible after receipt in order to make a firm booking and avoid any rate fluctuations, which are at the Holiday Representative complete discretion. You should be notified by email within 24 hours of accepting an offered price, whether Your booking has been successful. It is Your responsibility to contact Web Manager if such a confirmation email has not been received by You in the stated timeframe.
2.4??? The terms and conditions relating to your purchase and the provision of the Services are governed by the Holiday Representative and You hereby agree to abide and be bound by the terms or conditions of any such purchase that may be imposed on You and made known to You. Such terms and conditions may include payment terms, cancellation policies and certain rules and restrictions regarding availability and use of any products or services. If You are unsure as to the Holiday Representative?s cancellation or other policies, please contact the Holiday Representative directly.?? Web Manager shall not be liable for any refund/part refund that You may wish to receive in relation to Your booking.
2.5 By making a reservation with a Holiday Representative, you accept and agree to the relevant cancellation and no-show policy of that property, and to any additional terms and conditions of the property that may apply to your reservation or during your stay, including for services rendered and/or products offered by the property (the delivery terms and conditions of a property can be obtained with the relevant property directly). The general cancellation and no-show policy of each hotel is available from your Holiday Representative and it is Your responsibility to procure, read and abide by the same and ensure that you have procured and agreed to any other relevant policies, such as payment policies or policies relating to children and ensuring compliance of the same. Any disputes on any of those terms and conditions shall be taken up directly between You and the Holiday Representative. Web Manager shall not be liable in any manner for any loss suffered as the result of any such dispute.? Please note that certain rates or special offers may not be eligible for cancellation or change. Please check the booking details thoroughly for any such conditions prior to making your reservation.? If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the relevant cancellation and no-show policy.
2.6??? Any violation of any the Holiday Representative?s conditions of purchase may result in cancellation of Your reservation or void your booking. Further, You may not be allowed to access to a Holiday and/or forfeit any amounts paid for such reservations or purchases.? In addition, Web Manager may also deduct any costs reasonably incurred by it as a result of such violation. You further agree that any claims that You may have arising out of such purchases will only be against the relevant Holiday Representative and not Web Manager.
2.7??? When making a booking, You will be charged a deposit on behalf of the relevant Holiday Representative. This deposit will count towards Your booking and will be held on Your behalf against the booking.? The Holiday Representative may request Your credit card details to secure Your reservation. For certain rates or special offers, please note that your credit card may be pre-authorised or charged by the Holiday Representative (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the booking details thoroughly for any such conditions prior to making your reservation. You are advised to ensure that your credit card details are transferred in a secure manner. If You have a bona fide dispute as to the amount You have been charged, You must bring the dispute to the attention of the relevant Holiday Representative within thirty (30) days of the date on which You were charged, but in any event prior to actually using the Services of the Holiday Representative.
2.8??? You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of Your use of this Website and, without limitation, You will be responsible for all charges, fees, duties, taxes, and assessments arising out of transactions performed by others on Your behalf, whether or not such uses were authorised by You.
Web Manager abides by all privacy laws in the jurisdiction and save for disclosures required by law in any relevant jurisdiction and the disclosure of your name, email address, telephone number etc for completing your booking with the relevant property of your choice, will not disclose your personal information to third parties without your consent.
You agree that Web Manager may use your information to provide you with marketing and promotional activities of Web Manager. We will always include, in any such correspondence, the ability for you to unsubscribe to this service.
4.??? Limits on Liability
4.1??? (i) Web Manager is in no way liable for the Services provided by the Holiday Representative or for any information contained in any third party websites, even if those websites can be accessed through a hyperlink on the Website.? Web Manager is not liable for errors or omissions in bookings, either those made by a Holiday Representative, nor as a result of a system failure of any kind. Web Manager does not accept responsibility for Your direct dealings with the Holiday Representative, once the introduction has been made.
(ii) All Holiday Representatives featured on the Website are themselves responsible for providing You with the final quote and booking conditions for Your reservation.
(iii) Web Manager does not accept responsibility of the accommodation, holiday, tour, activity or other information featured on the site. If during the course of Your holiday, You have any reason for complaint or dissatisfaction, You should contact the Property Provider in order that remedial action may be taken.?? Please also notify Web Manager with Your feedback, so we can determine whether or not to continue featuring the Property.
(iv) While the Website is a guide for hotels and holidays for families, parents are responsible for ensuring children are supervised, and should be careful not to book any excursion or activity that could prevent a risk to their children.
(v) Except as expressly set out herein, Web Manager does not accept liability for any loss or damage or other sum or claim of any nature whatsoever (direct, indirect, consequential or other) which arises, directly or indirectly, in connection with this website including, for the avoidance of doubt and not by way of limitation, any use of any information or material contained in this website or any inability to access or use this Website.
4.2??? Subject to the limitations set out in these terms and conditions and to the extent permitted by law, if Web manager is found liable by a court of law, Web Manager shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
4.3??? However and to the extent permitted by law, neither Web Manager, nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the hotel as made available on our website, (iii) the services rendered or the products offered by the hotel, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the hotel (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Web Manager, Travel Agent(s) and each Property Provider are independent contractors of each other and nothing on the Website, nor in this Agreement shall be construed to imply that there is any partnership and/or legal relationship between Web Manager, a Travel Agent, or any Property Provider.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
5.3??? Intellectual Property Rights
Unless stated otherwise, the software required for our services or available at or used by our website and the intellectual property rights (including the copyrights) of the contents and information of and material on our website are owned by farflunglands.com, its suppliers or providers.
5.3??? Governing Law
These conditions are subject to English Law and the English Courts shall have sole jurisdiction.
At farflunglands.com, our aim is to provide you with information about and access to hotels and holidays around the world, which we believe are good for families.
For all these hotels and holidays, we do not endeavour to sell these hotels and holidays direct to you. We believe that this is best done by either the hotel itself, who can offer you the best possible rates available, or by our partner agents who design and operate these holidays. Our partner agents are the experts and can organise exactly the holiday that you want. So with all our hotel and holidays we refer you directly to the accommodation owner or agent, this is our referral service.
Liabilities for referral service?
Because of the service we provide in this instance and how we provide it, it is important for you to understand the limitations of our liability, so we have detailed these below and by reading these and using the site you are agreeing to these limitations in full and you also are agreeing to accept the application of English law to govern matters between farflunglands.com and yourself.
a) Your holiday?
For holidays where we have simply acted as a referrer, we do not act as an agent for operators and accommodation owners in the sense that we do not take your money on their behalf or act as go between in any issues relating to your holiday. Your contract will be with them and them only and they are fully liable for every aspect of their holiday product that you buy, according to their own terms and conditions. So we urge you to check these in full before you book.
b) Your holiday protection?
All holidays on farflunglands.com provided by UK based tour operators are either formally bonded or operate a system of separate client accounts with external signatories, to provide you with financial security in the unlikely event that they should cease to trade.
We do also market holidays from overseas tour companies. As the bonding regulations are different in each country we strongly encourage you to enquire about how your money is protected directly with the company you are booking with, or take out personal travel insurance that covers the failure of the holiday provider.
farflunglands.com do not accept any liability for, or warrant the quality and standard of any of the holidays that you are sold by our holiday providers. And specifically, farflunglands.com is not liable for any injury and/or damage to persons or property occurring during or as a result of any holiday taken as a result of enquiries made through this website.
c) Holiday provider responsible practices
The holidays on farflunglands.com are provided by tour operators and hotels around the world. We vet their ability to fulfil a set of criteria relating to family travel developed by us in accordance with leading worldwide practices and using the experience of our own highly qualified personnel.
We do our best to ensure that all the holidays abide by the policies that these operators and accommodation owners claim to follow, but we are not able to guarantee they do at all times. If we are alerted to bad practice by any of our holiday providers we will immediately investigate the matter and take appropriate action in advising them to correct these or removing them from the site.
d) Information on the site?
For holidays we rely on tour operators for information about their product to use on the site. We are not able to assume responsibility for this information and we have to disclaim all liability in respect of such information, please check the information fully with the holiday provider. And please note that prices quoted are for guidance only.
The hotels featured have been personally visited and reviewed by a member of the farflunglands.com team unless marked ?pending review?. We and our content providers (‘we’) have tried to make the information as accurate as possible, but it is provided ‘as is’ and we accept no responsibility for any loss, injury or inconvenience resulting from this information.
farflunglands.com is not liable for any injury and/or damage to persons or property caused by any actual or alleged libellous statements, infringements of intellectual property or privacy rights, or product liability, whether resulting from negligence or otherwise, including without limitation, from any use or operation of any ideas, instructions, procedures, products or methods contained in the material published on the site.
farflunglands.com recommends hotels and holidays that it believes, in its opinion, are family-friendly, however such a term is subjective in nature. ?Family-friendly does not mean child-proofed or safe for children, however farflunglands.com makes reasonable efforts to highlight child-specific activities, accommodation and excursions in all the holidays featured. You are responsible for confirming any specific requests directly with the Holiday Representative and should ensure that you make all specific requests relating to travel, accommodation requirements etc to maximise your holiday experience.
Contributions to the web site?
farflunglands.com is delighted to receive your contributions to the web site (these include reviews of locations and destinations, articles, tips, photos, and general feedback comment). We point out that the website is internationally accessible and that by contributing in any way to the web site, as above, you are consenting to the publication of your contribution on farflunglands.com, on linked farflunglands.com sites and on any site or in any medium which farflunglands.com deems fit. farflunglands.com reserves the right to edit any contributions where necessary.
Please note that any photographs posted on any farflunglands.com website may be downloaded and electronically altered by another user of that site. Whilst this is prohibited by the terms of farflunglands.com’s copyright notice, contributors should be aware of this risk before submitting photographs for publication on the site.
Featured Products and Advertising?
Although all advertising is expected to conform to the appropriate advertising standards, inclusion of such material in this site does not constitute a guarantee or endorsement of the quality or value of any products or of the claims made for them by the advertiser. Users are advised to verify product information with the advertiser.
We have tried to make the information in this website as accurate as possible, but you should verify critical information (like visas, health and safety,) before you travel.