Terms and Conditions of isleofwight.com
"isleofwight.com" (hereinafter known as IOW) IOW acts as reservation agent for the hotels and other service providers advertised on the website www.isleofwight.com (the "Site").
References to "accommodation providers" means the independent business and/or service provider, owner/providers of the hotels, apartments, caravans, houses, villas and other accommodation of any description featured on this website and "accommodation" means the accommodation including all facilities and services advertised on our website that are listed in connection with your confirmed reservation.
Affiliates are third parties who, in agreement with IOW distribute IOW accommodation to their customers and potential clients.
IOW acts as reservation agent only in respect of all reservations we make on your behalf. We undertake no responsibility for and are not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of any of the accommodation providers and other suppliers of services who sell their products and services through us. This means that in the event of the site user suffering personal injury, illness or death as a result of any act or omission of an accommodation provider or other supplier of services (or their employees or agents) or the site user having any complaint about the quality of the services provided or having any other complaint at all, the users sole right of redress will be against the independent third party who provided such service and IOW will be under no liability at all (whether in contract, tort or otherwise howsoever).
The site user accepts that IOW have not in any way selected or assembled your travel arrangements for you. Your accommodation arrangements do not make up a package, are not a package and do not fall within the meaning of' The Package Travel', Package Holidays and Package Tours Regulations 1992.
By proceeding to book accommodation and/or other services through the Site, you accept that the site user will be entering into a contract with the accommodation provider solely on their standard terms and conditions. It will be their responsibility to provide you with their individual business terms and conditions, however, we will endeavour (but undertake no liability to do so) to make copies of the accommodation provider's terms and conditions available to the site user.
The site user’s comprehension is that surveys or quality checks may have not been completed on the accommodation providers and we make no representations about the suitability of the accommodation and/or services offered for sale through the Site to you, the site user or any other person’s requirements. The inclusion or offering for sale of an accommodation and/or services by IOW does not constitute an express or implied endorsement or recommendation by IOW of such accommodation or services. We can-not and do not guarantee the accuracy of, and disclaim liability for any inaccuracies relating to the accommodation and services offered for sale through us.
Where you the site user, or any of the people that you are reservation on behalf of, are in breach of any of the provisions of these Terms or contravention of any laws or rights of a third party, we reserve the right to cancel your reservation without refund or compensation in any way and recover from you any costs incurred as a result of your behaviour.
SITE CONTENT, DOCUMENTATION AND RESERVATION INFORMATION
IOW may modify the content of the Site and/or Terms at any time, and such modification shall be effective immediately upon posting of the modified content and/or Terms on the Site and your continued use of or access to this website will be deemed to indicate the site user’s acceptance of the modified content and/or Terms.
Any information placed on the Site relating to hotels/establishments advertised on the site including, but without limitation, details of the accommodation, the availability of rooms at the establishment, the price of the rooms, the facilities available at the premises, any accreditations afforded to the business and/or any details relating to any other services advertised on the site are representative of the independent business and/or service providers, currently advertised and reviewed on a regular basis by IOW. Where an independent business has affiliated themselves to IOW the services and or information is the sole responsibility of the independent business and/or service providers. Such information does not constitute any advice or recommendation given by IOW and IOW shall not be held liable for inaccuracies or errors in the accommodation contents or any of its elements. These independent businesses provide the services in accordance with their own terms and conditions
which may limit or exclude their liability to you. IOW and its affiliates are not liable for any acts, omissions, breaches or negligence of any such independent businesses or any damages or expenses resulting from the aforesaid. IOW and its affiliates are not liable for any refunds in the event of over reservation or force majeure or any other cause beyond their control.
As IOW acts only as a reservation agent we will have no responsibility for any errors in any documentation except where those errors were made by IOW.
HOW TO BOOK ACCOMMODATION OR OTHER SERVICES
Search for your chosen destination, preferred accommodation type, arrival dates and number of nights, and submit to the accommodation choice finder for final reservation. Please ensure you carefully check the dates, the price, the destination and the accommodation provider details before proceeding with your reservation.
Reservations may be made by:
I. following the online reservation procedure
II. Live chat (This will be converted to an email booking when ‘off line’ appears and will be subject to email booking terms and conditions)
III. Phone 01202 835 200
To confirm a reservation, the site user must be authorized to make the reservation by all persons named on the reservation and their parent or guardian for all party members who are under 18 when the reservation is made. By making the reservation, you are confirming that all persons named on the reservation accept the Terms and that you will inform the other persons named on the reservation of the confirmation details and any other appropriate information. By making the reservation the site user also becomes responsible for making all payments due under the reservation.
IOW will confirm your reservation and issue you and the accommodation provider with an email voucher for the prepaid fee to be deducted from your final accommodation account. The chosen affiliated accommodation will contact the site user directly to confirm the reservation. From this time onwards the booking will be subject to the independent business and/or service provider’s terms and conditions of business. It is the responsibility of the site user to ensure that the booking fee has been deducted by the accommodation provider. In the event that there is a need to contact IOW by telephone, or are called by IOW regarding the reservation, calls may be recorded for monitoring and training purposes. In the event of a dispute regarding a reservation, IOW reserves the right to review any call information.
CANCELLATION, AMENDMENT OR CHANGE OF A RESERVATION
The site user may modify or cancel the reservation at any time prior to arrival date through the site. This does not guarantee the amendment has been made until the independent business and/or service provider has confirmed in writing to the site user.
If the site user cancels or amends the reservation, there may be a cancellation charge or amendment fee levied by the accommodation or other service provider. In any event, if the site user fails to cancel or amend their reservation in accordance with the provider's cancellation or amendment policy, they will be charged a cancellation or amendment fee by the accommodation or other service provider. Further details of cancellation policy are set out by the independent business and/or service provider when they make contact with the site user within a no less than 24 hour period.
If, for whatsoever reason, the site user does not turn up at the accommodation on the arrival date stated on their reservation confirmation email, without confirmed prior warning to the independent business and/or service provider ("a no show"), this shall be considered a cancellation and the independent business and/or service provider’s terms and conditions will apply.
AGE AND RESPONSIBILITY
The site user warrants that they are 18 years of age or over and have legal capacity to use the site and to create a legally binding contract.
The site user warrants that all personal information submitted during accommodation reservation is correct and they accept financial responsibility for all transactions made under their name or account.
The site user hereby authorizes IOW to process all Personal Information about them and the persons named on the reservation that has been obtained in connection with their reservation. Personal information shall be deemed to include, but not be
limited to: any telephone numbers, fax numbers, email addresses, addresses of residences, signatures, ID or passport copies, or any other information belonging to them or their group.
RESERVATION ITEMS AND COTS**
Please advise at the time of reservation if you require any specialized items including cots**, in order to give this information to the accommodation provider; however, we cannot guarantee this request will be met. This can be completed in advance and confirmed with the accommodation provider upon personal contact. Such request will be subject to availability and if the accommodation is unable to meet any such request, neither IOW, nor the accommodation, will have any liability to the site user in this respect. This request may only be available at an additional cost unless otherwise expressly stated in the description of the accommodation provider, and if any additional cost is applicable this should be paid by the site user direct to the accommodation provider. Children* are categorised as; 0 to under 3 years old-these children are free of charge if allocation is made under the cot numerical menu bar. Please note that hotels reserve the rights to charge for the cot itself confirmed at time of reservation. Please note in most cases this does not include infant linen. If a bed allocation is required for your 0 to 3 year old the allocation must be placed under the Children* numerical menu bar, charges (if applicable) will apply individually per accommodation provider; 3 to 14 years old – these children will be charged (if applicable) at the child tariff rate of the accommodation provider and a bed will be allocated in the Adult accommodation that has been reserved.
BEFORE YOU TRAVEL
IOW is not liable for damages or losses that may result from travel to any particular destination. The British Foreign and Commonwealth Office help travellers stay safe overseas. Check the FCO website at www.fco.gov.uk/knowbeforeyougo for the latest advice on conditions and general information concerning specific countries.
It is your responsibilities to ensure you have the relevant travel and health documents before departure for the country you are visiting, which shall include, but is not limited to, any inoculations that may be required, ID's and passport. IOW shall not be liable for any expense incurred resulting from your missing, incomplete or incorrect documentation or any non-compliance with requirements.
IOW strongly advises to take out adequate travel insurance prior to arriving at the destination. It is the site users’ responsibility to check they have adequate insurance cover. The insurance should cover, amongst other things, the cost of cancellation, personal losses, all medical costs and the costs of assistance including return to the UK in the event of an accident or illness. Please check your home insurance (within the UK only) for cover protection.
IOW will not be liable for any changes, cancellation, effect on your reservation, loss or damage suffered by the site user or for any failure by the accommodation providers and/or IOW to perform or properly perform any of our respective obligations to the site user which is due to any event(s) or circumstance(s) if the non performance is caused by force majeure. By way of example force majeure includes, but is not limited to, war, revolution, terrorist act, closure of borders, epidemic, natural catastrophe or other causes that seriously affect both parties and other unforeseeable causes beyond IOW's control.
ISSUES OR COMPLAINTS WITH YOUR ACCOMMODATION
In the unlikely event that there is reason to complain or experience any problems with accommodation please inform the accommodation reception staff or management immediately, to enable them to take appropriate action. Please note that the accommodation provider is the only person that can rectify your immediate problems and the site user is subject to and protected by their terms and conditions at all times.
CURRENCY CONVERTER AND APPLIED RATES
Currency rates are based on PayPal terms and conditions please visit pay pal’s website on www.paypal.com or www.paypal.co.uk or contract your individual credit or debit card for their daily rates.
*How does PayPal calculate currency conversion/exchange rate?
PayPal receives a quoted wholesale rate twice a day. We then add a 2.5% spread above this rate to determine the retail foreign exchange rate that is applied to transactions involving a currency conversion. To view the exchange rate at any time:
Go to Account Overview > Profile > Currency Balances under Financial Information > Enter requested information in the ‘Currency Exchange’ box > Calculate.
*Direct paste and copy from www.paypal.co.uk
Legislation and Courts of Jurisdiction
This agreement will be governed by English law and any disputes will be dealt with by the English courts. If however you booked your holiday in Scotland or Northern Ireland any disputes may be dealt with in the local courts in Scotland or Northern Ireland and will be subject to the law of those countries.
"Personal Information" means information that relates to a living individual who can be identified from that information or from that information together with other information which is held by or is likely to be held by IOW.
When you browse the Site, we do not collect Personal Information about you. The only way we can collect any type of personal information is if you give it to us.
PROTECTION OF PERSONAL DATA
The Personal Information that IOW collects from the site user shall be obtained, processed and transmitted in compliance with applicable data protection legislation. Our servers are located in the United Kingdom, the personal information that IOW collects from the site user shall be obtained, processed and transmitted in compliance with European Directives 95/46 and 2002/58, as well as any other such legislation that substitutes complements and develops it such as the Personal Data Protection Act from the United Kingdom (hereinafter collectively referred to by its initials PDPR (personal data protection regulation)).
IOW take full responsibility for ensuring that proper security measures are in place to protect the site user’s information and store the information in secure databases at secure addresses to prevent unauthorized access. IOW use only trusted server providers at all times. We must pass the information on to the relevant suppliers of the site user’s travel arrangements. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.
To ensure that the site user has a smooth reservation IOW needs to use information such as their names and address’, credit card details, special needs, dietary requirements etc and anything else the site user deems necessary to give us at the time of booking. We will apply appropriate security measures to protect this data at all times. However, IOW may disclose information about the site user to other organizations that are hotel partners or affiliates or to organizations contracted by IOW to manage aspects of the Site. Additionally, where the site user’s reservation destination is outside the European Economic Area (EEA), controls on data protection in your destination may not be to the same standards and legal requirements as the UK. We will not, however, pass any information onto any person not responsible for part of the site user’s travel arrangements. This applies to any sensitive information that the site user gives to IOW such as details of any disabilities, or dietary/religious requirements. If we cannot pass this information to the relevant accommodation and/or service providers, whether in the EEA or not, we cannot provide the site user’s reservation. In making this reservation, you consent to this information being passed onto the relevant persons.
USE OF INFORMATION
The site user hereby gives consent to allow the incorporation of any data provided to the files of existing personal data in IOW and to the usage of such for the purpose of management, administration, mediation and contracting of the services offered by IOW, the management of the reservations and the collection of products and services through IOW, call centre’s; the management of incidences; statistics; commercial publicity and other promotions by means of electronic mail, SMS, MMS or any other similar mean, and the subscription to news bulletins.
The site user also gives express consent to allow IOW to transmit their personal data for marketing purposes to selected Affiliates but only in cases where the site user has previously activated the option to "opt in" through the website, authorising this transfer. In such cases, IOW shall only transfer to our Affiliates your adequate, relevant and not excessive personal data (name and email addresses) so you will be able to receive marketing material from our Affiliates related to our Affiliate's or IOW's products. In any case you have the right to revoke anytime this consent by being in touch with IOW, and IOW will stop transmitting your information. The Affiliate will show their contact information in the marketing material and IOW has no control on the marketing material the Affiliate may send to you, therefore IOW disclaims any kind of liability that may arise from the marketing material from the Affiliate, being the Affiliate responsible for that.
IOW may use the Personal Information to contact the site user about important changes to the site and or reservation new services and with details of other products and services offered by IOW. Where IOW collect such information, IOW make clear the nature of the information and the purposes for which it is used. IOW does not knowingly collect Personal Information from children. (See our age and responsibility terms) IOW does not automatically subscribe users to our newsletter. In order to receive the newsletter you must opt to subscribe and be informed by email of news and hotel offers. If you would like to unsubscribe from our newsletter at any time, you can advise us via the unsubscribe option on each newsletter. The person in charge of this data: isleofwight.com, Vision House, 8, Kingfisher Park, Blashford, Hampshire. BH24 3NX. If the final consumer/user should wish to exercise rights of access, rectification, cancellation or opposition granted by the PDPR, he/she should proceed as follows:
You can find out what Personal Information IOW holds about you by writing to IOW. Your request must be accompanied by a cheque for £15.00. IOW will acknowledge your request within twelve working days. Should IOW be prevented from disclosing your Personal Information IOW will give reasons for any such refusal. If any of the Personal Information that IOW hold about you is incorrect or needs updating, please contact IOW at the above address. IOW may request that you provide further information and identification to enable IOW to comply with this request.
USE OF ‘COOKIES’ AND OUR EXPLANATION OF
When the site user views the Site, IOW may store information on their computer. This will be in the form of a "cookie" file, which will enable IOW to tailor the Site to match your interests and preferences. (Please note this is not unique to IOW and is considered standard practice by all sites and browsers in order to speed the usage of internet traffic.) The "cookie" file is used to store the IP address of the site user’s machine and will not contain any data personal to the site user. The site user’s internet browser may allow you to erase the "cookie" file, block all "cookies" or receive a warning before a "cookie" is stored. Please refer to your browser instructions. The "cookie" file will be deleted 30 days after the date on which you last access the Site.
We have tested this website thoroughly and are always keen to improve our accessibility tools. We would like to know if the site user has found this website accessible or if the site user has had any problems. Please email firstname.lastname@example.org with any queries or comments or call 01202 835200.
To the maximum extent permitted by law, IOW disclaims all implied warranties with regard to the information, services and materials contained on this Site. All such information, services and materials are provided "as is" and "as available" without warranty of any kind.
USE OF OUR SITE
IOW may suspend access to the website, due to maintenance works, net security reasons or force majeure with no obligation to reimburse or compensate you for the period in which access was suspended.
Access to the Site is strictly controlled by IOW and IOW reserves the right to change, modify, substitute or suspend or remove without notice any information or service from time to time.
You may download one copy of the content of the site for your own personal use but you may not in so doing remove any trademark, copyright or other proprietary notice. You may not otherwise copy, modify, reproduce, sell, lease, market or distribute the content placed on the site without the prior written consent of IOW.
You may only use this website to make legitimate enquiries or reservations for yourself or another person for whom you are legally authorized to act.
You shall not:
I. post, transmit or disseminate any information on or via this website which is or may be harmful, obscene, defamatory or otherwise illegal, or may cause an infringement of the rights of any other;
II. make any other unauthorized, false or fraudulent reservation;
III. use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this website including, but not limited to, uploading or making available files containing corrupt data or viruses via whatever means;
IV. deface, alter or interfere with the appearance and layout of this website or the underlying software code;
V. take any action that imposes an unreasonable or disproportionately large load on this website or related infrastructure;
Without prejudice to any of IOW's other rights, IOW reserves the right to deny access to this website and/or cancel reservations wherever and whenever IOW believes (at IOW absolute discretion) that you are in breach of any of the IOW Terms.
LINKS AND DOWNLOADS
IOW may provide hyperlinks or pointers to other websites maintained by third parties which IOW think may be of interest to visitors of the Site. Such other websites are not under the control of IOW or maintained by IOW and we are not responsible for the content of such websites. IOW provides these links for your convenience only but does not monitor or endorse the material on them. IOW cannot accept any liability whatsoever and howsoever arising in relation to any such other websites (including, by way of example, any inability to access or delay in accessing any such other website) or in relation to any material or information appearing on them or which you may otherwise come across after leaving the Site by way of a hypertext link or any other means or for any services or facilities of any description which you may book through or via any such website.
It is recommended for you to run an anti-virus programme of your choice on all content and materials downloaded from the Internet in general and our Site.
ACCESSIBILITY AND NAVIGATING OUR WEBSITE
IOW takes our responsibility for making accessible web content and software seriously. IOW is committed to developing software products that promote accessibility for people with disabilities and meet current accessibility standards.
IOW is actively engaged in the ongoing process of testing our products and websites.
At IOW we are working hard to provide access to services and information that are helpful to all our customers. Many Internet users with disabilities find web sites difficult to use simply because of the way they are designed. This website has been designed to be as accessible as possible and to be compatible with the types of adaptive technology used by people with disabilities, including screen readers. On this website you can control the size of the text, the colours and the style sheets, dependent upon the functionality of your browser. To navigate through this website once you have gone beyond the homepage, please use the menu at the top of each page.
FONT SIZES AND STYLE SHEETS
The site user may change the font size of this document to their preference through their browser by doing the following:- Press the “Ctrl” button usually found in the bottom left hand corner of the keyboard. Once selected, use either the up and down cursor keys or the scroll tool on the mouse they either reduce or increase the size of the page you are viewing.