Terms and Conditions

SPECIAL INTEREST BREAKS WEBSITE TERMS OF USE & SUPPLY OF SERVICE

Use by users (“you”/”your”) of www.specialinterestbreaks.co.uk and/or www.specialinterestbreaks.com (“the Site”) constitutes acceptance by you of the following terms of use. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. If you do not agree to all of these terms of use and supply of services you may not use the Site.

The Site is owned and operated by Special Interest Breaks ("us"/”our”/”we”). These terms of use and supply of services (“Terms”) relate to your access and use of the Site. Please see our separate Website Voucher Terms and Conditions relating to our sale of vouchers to you.

These Terms relate to your use of the Site.

1. Copyright and Trademarks

The information and materials appearing on the Site ("the Content") are displayed for personal, non-commercial use only. All software used on the Site and all Content included on the Site (including without limitation site design, text, graphics, audio and video, the selection and arrangement thereof and the underlying source code) is our property or that of our suppliers and is protected by international copyright laws. ALL RIGHTS RESERVED.

None of the Content may be downloaded copied reproduced republished posted transmitted stored sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal non-commercial home use only provided that all copyright and proprietary notices are kept intact. Modification of any of the Content or use of any of the Content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited. If you breach any of the terms of this legal notice, your permission to use the Site automatically terminates and you must immediately destroy any downloaded or printed extracts from the Site. Requests to republish any of the Content and to use quotations or extracts from the Site should be addressed to us by e-mail to admin@specialinterestbreaks.com.

All trademarks, service marks and logos used on the Site from time to time are the trademarks, service marks or logos of their respective owners.

We have made every effort to secure (where appropriate) licenses and clearances for all third party intellectual property used on the Site. You may notify us of alleged intellectual property rights infringement by contacting us via e-mail at admin@specialinterestbreaks.com

2. Website Voucher Terms and Conditions and Privacy Policy

You acknowledge and accept that your purchase of our vouchers and/or bookings made via the Site is subject to and governed by the terms of our respective Website Voucher Terms and Conditions and Privacy Policy which are incorporated into these Terms.

3. Your Agreement and Acknowledgement of the Site Booking Service Description

Through the Site we currently provide you with free access to an on-line database of accommodation providers (“Accommodation Provider(s)”) (“Service”) to facilitate your own (and not our) selection and booking of a special interest break with an Accommodation Provider (eg, a hotel or guest house) of your choosing. In accordance with this clause 3 and clause 5 without limitation where you use the Service to book a special interest break through the Site and that special interest break is available as confirmed by the Accommodation Provider you agree and acknowledge that:-

(a) we are merely acting as agent for the Accommodation Provider; and

(b) the contract will at all times be between the Accommodation Provider and you; and

(d) our Site Service merely provides you with an indication of what special interest breaks are available from or offered by Accommodation Providers who subscribe to our Site and inclusion on the Site database of any Accommodation Provider does not whatsoever imply our approval or recommendation of or responsibility or liability for the quality or otherwise of any special interest break offered by any Accommodation Provider; and

(e) having used our Site Service it is your sole responsibility to investigate independently thoroughly and carefully (eg, by viewing the Accommodation Provider’s own website) the quality or otherwise of the special interest break offered by the Accommodation Provider.

(f) in addition to our Terms the Accommodation Provider’s terms and conditions (eg, as detailed on their website) will apply and you should refer to your Accommodation Provider for full details of its terms and conditions; and

(g) prior to making any booking it is your sole responsibility to investigate independently thoroughly and carefully the Accommodation Provider’s terms and conditions which may include provisions relating to payment procedures default liability cancellations changes of bookings and refunds (if available) and any other which restrictions which may be detrimental to or otherwise prejudice your booking; and

(h) your ability to cancel or modify a booking with an Accommodation Provider and the method for doing so will depend on the specific Accommodation Provider’s terms and conditions and it therefore may not be possible to cancel or modify some special interest breaks or there may be specific requirements you will have to meet, including cancellation fees; and

(i) you are financial responsible for all transactions made under your name or account; and

(j) you are 18 years of age or over and have legal capacity; and

(k) all information you provide about yourself or members of your household shall be true and accurate; and

(l) your use of the Site is not for any speculative false fraudulent or equivalent purpose.

4. Links to Third Party Accommodation Providers’ websites

The Site may from time to time include links to third party Accommodation Providers’ websites which are controlled and maintained by those third parties. These links are included solely for your convenience and do not constitute any endorsement by us of these websites linked or referred to nor do we have any control over the content of any such websites. Further, we have not reviewed all of these third party websites and we do not make any representations regarding the availability or content or accuracy of materials on such websites. If you decide to access third party websites through links on the Site you do so entirely at your own risk. Your use of third party websites is subject to the terms and conditions of use of those websites.

5. Liability:

(a) Disclaimer Relating to Your Use of the Site

While we endeavour to ensure that the information on the site is correct to the maximum extent permitted by law we provide you with the site on an ‘as is’ basis only. You accept that access to the Site may be suspended at any time and without notice in the case of systems failure maintenance or repair or for any other reason(s) whatsoever including for reasons beyond our control.

We make no representation or warranties of any kind express or implied as to the operation of the Site or the information reliability completeness or timeliness of the Content or Service available on the Site or that the use of the Site will be uninterrupted timely secure or error-free. You expressly agree that your use of the Site is at your own risk.

Further any other party (whether or not involved in creating producing maintaining or delivering the Site) including the owners employees consultants agents or equivalents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or any third party (including without limitation any direct indirect punitive or consequential loss or damages or any loss of income profits goodwill data contracts use of money or loss or damages arising from or connected in any way to business interpretation and whether in tort (including without limitation negligence) contract warranty or otherwise in connection with the Site in any way or in connection with the use inability to use or the results of use of the Site any websites linked to the Site or the Content on the Site including but not limited to loss or damage due to viruses (including logic bombs trojan horses worms harmful components corrupted data or other malicious software or harmful data) that may infect your computer equipment software data or other property on account of your access to use of or browsing the Site or your downloading of any Content from the Site or any websites linked to the site. Further we exclude all liability and responsibility as set out above whether or not we are advised of the possibility of such loss or damage. If your use of the Content on the Site results in the need for servicing repairing or correction of equipment software or data you assume responsibility for all costs thereof.

(b) Disclaimer: General

Key – no liability for any loss etc arising from any one or more of points (a) to (h) inclusive above agreed and acknowledged by you in clause 3 above

In accordance with clause 3 above where you have selected a special interest break using the Service your contract is with the Accommodation Provider for whom we are acting as agent only. While we are therefore unable to compensate you we will do our utmost to contact the Accommodation Provider on your behalf.

Subject as expressly provided in these Terms all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by Law. Except in respect of death or personal injury caused by our negligence we shall not be liable to you by reason of any representation or any implied warranty condition or other term or any duty at common law or under the express terms of the contract for any indirect or consequential loss or damage (whether for loss of profit or otherwise) costs expenses (including but not limited to cancellation charges or fees) or other claims for consequential compensation whatsoever (and whether caused by our negligence or the negligence of our employees or agents or otherwise) which arise out of or in connection with your use of the Service (including but not limited to any breach of any of your acknowledgements and/or agreements given under clause 3(a) to (l) inclusive above) or any special interest breaks booked with Accommodation Providers.

In the event that we are deemed liable for direct loss you agree that this will be limited to a maximum of the total price paid by you for your use of the Service in respect of which a claim is made.

This clause 5 does not affect your statutory rights as a consumer.

6. Your account

If you have an account with us from time to time then you are responsible for maintaining the confidentiality of this account and any related passwords for your restricting access to your computer. You agree to accept responsibility for all activities that take place under your account and/or passwords.

Other than personally identifiable information about you which is covered under the terms of our privacy policy[http://www.specialinterestbreaks.com/legal/terms.php] any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and designated third parties shall be free to copy disclose distribute incorporate and otherwise use such material and all data images sounds text and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the Site any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous in breach of confidence, in breach of privacy or which make cause annoyance or inconvenience; or

(b) for which you have not obtained all necessary licences and/or approvals; or

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other Country in the world; or

(d) which is technically harmful (including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or

(e) which facilitates your misuse of the Site (including, without limitation, hacking)

We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the above prohibitions.

7. Termination

You agree that we in our sole discretion may terminate your password account (or any part thereof) or use of the Service and remove and discard any Content within the Site including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.

8. Advertisements

The Site will contain advertisements by Accommodation Providers and may from time to time contain advertisements by other third parties and these advertisements may contain links to other websites. Unless otherwise specifically stated we reiterate that we do not endorse any special interest break or product or make any representation regarding the Content or accuracy of any materials contained in or linked to any advertisement on the Site.

9. Indemnity

Without prejudice to clause 5 above, you agree to fully and effectively indemnify and hold us our officers employees agents consultants licensors and suppliers harmless from and against any claims actions or demands liabilities and settlements including without limitation reasonable legal and accounting fees resulting directly or indirectly or consequentially from or alleged to result from your use of the Content of the Site in a manner that violates or is alleged to violate these Terms and/or your use of the Service (including but not limited to any breach of any of your acknowledgements and/or agreements given under clause 3(a) to (h) inclusive above) or any special interest breaks booked with Accommodation Providers.

We shall provide notice to you promptly of any such claim suit or proceeding and shall reasonably co-operate with you at your expense in your defence of any such claim.

10. Force Majeure

We will not be liable for any delay or failure in performance or interruption of the delivery of the Contents of the Site resulting directly or indirectly from any cause or circumstances beyond our reasonable control including but not limited to failure of equipment or communication lines telephone or other interconnect problems computer viruses (including logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) unauthorised access theft, operator errors severe weather earthquakes or natural disasters strikes or other labour problems wars or governmental restrictions.

11. Severability and Waiver

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect.

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term.

12. Access outside England

We are based in England. Access to the Content of the Site may not be legal by certain persons or in certain countries. If you access the Site from outside England you do so at your own risk and are responsible for compliance with the Laws of your jurisdiction. Recognising the global nature of the internet you agree to comply with all local rules regarding on line conduct and acceptable Content. Specifically you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

13. Jurisdiction

Unless otherwise agreed in writing by us these terms of use are governed by and construed in accordance with English Law and you irrevocably agree that the Courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms or the legal relationship established by them and for those purposes irrevocably submit all disputes to the jurisdiction of the English Courts.

14. No Joint Venture, Partnership, Employment or Agency

You agree that no joint venture partnership employment or agency relationship exists between you and us as a result of your use of this Site and/or the Service.

15. Changes to these Terms

We reserve the right at our sole discretion to add to or change these terms of use. Any changes will be posted to this page and it is your responsibility as a user to ensure that you are aware of any such changes from time to time. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access the Site after that time.

16. Our contact details

If you have any questions about these terms of use and/or the Site and/or us generally, please contact us by sending an e-mail to admin@specialinterestbreaks.com[http://www.specialinterestbreaks.com/legal/terms.php] or writing to Special Interest Breaks c/o The Administration Department 13 Church Close Arminghall Norwich NR14 8SE
Website Voucher Terms and Conditions ……….. Privacy Policy]
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