My Date Night Ltd Terms of Business

Introduction

We set out below all the terms which apply to bookings which you ask us, My Date Night Ltd, to process for your travel requirements. You should study them carefully. You should also note that there are three different categories of terms of business. The first is the Agency Terms set out immediately below, the second is the General Terms (which follow the Agency Terms) and the third is the Travel Providers' Booking Conditions (Booking Conditions). The Booking Conditions are the terms of each individual provider who agrees to provide you with travel arrangements.

Agency Terms

1. When processing your booking we will arrange for you to enter into a contract with the provider of the travel related service including, amongst others, hotels, tickets, restaurants, accommodation providers, attractions and tour providers ("Travel Provider").

2. We are acting as the Travel Provider’s agent in arranging your booking and the Travel Provider is the principal, or the agent to the principal. Where we are acting as your agent in arranging your booking, by acceptance of these Agency Terms of Business you are giving us your authority to liaise with the Travel Provider direct on your behalf.

3. Importantly, your booking through us is subject to both these Agency Terms of Business (which define and explain our obligations to you and the role that we play) and the Booking Conditions, that is the specific booking conditions of the relevant Travel Providers which set out, amongst others, your rights in the event that something goes wrong with the travel related service you have booked.

4. In completing your booking with us you are accepting our Agency Terms, the General Terms and the Booking Conditions.

5. You may decide to make one or more booking with us at the same time. Please note that, irrespective of the various products you book, for example a hotel booking or a ticket purchase, each booking is a separate booking and your bookings, even though they may be linked to the same dates of travel, do not constitute a package as defined in the Package Travel, Package Holidays and Package Travel.

6. Regulations 1992 ("Package Travel Regulations 1992") nor the Civil Aviation (Air Travel Organisers’ Licensing) Regulations 1995, Amended 2003 ("ATOL Regulations").

7. The choice of search path through the website has no impact on the availability or pricing of product.

8. Your booking is not confirmed until you receive a booking confirmation.

9. All bookings are purchased individually at their own individual price. The price charged in total for several bookings will always equal the simple sum of the prices charged for each individual booking.

10. My Date Night Ltd is not a tour operator. This means that we do not arrange or create combinations of travel products; we simply facilitate your connection to those who do provide or arrange travel products (whether singly or in combination) such as hoteliers, ticket suppliers, tour operators etc. Essentially we are an advanced search engine through which you can actually book any product which you have decided you want as a result of the web searches carried out through us. My Date Night Ltd acts strictly as agent only (whether as agent of the Travel Providers or as your agent in respect of the airlines listed in Appendix 1) and accepts no responsibility or liability for any actual travel product or services booked or for the acts or omissions of those actually providing the travel product or services booked.

11. For the avoidance of doubt, My Date Night Ltd operates a website www.mydatenight.com and has customer support. All bookings are subject to these Agency Terms of Business.

12. In addition to the General Terms which follow immediately, after them there are particular terms which apply to very specific types of travel arrangements which you may wish to book through us.

General terms of business

1. Independent Agent

My DateNight Ltd is proud to be an independent agent and does not sell package holidays. Eachbooking is a separate transaction, available separately at the same price.

2. Errors

When booking online you are responsible for ensuring booking details are correctly entered as we will proceed to confirm the booking with the Travel Provider. Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors within two days of receipt of your documents by contacting our Customer Support department. Please note that we will not accept any responsibility for incorrect information if we are not informed within this timeframe. The booking information that you provide to us will be passed on only to the relevant Travel Providers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities only if required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies. If we were not authorised to pass this information to the relevant Travel Providers, whether in the EEA or not, we would be unable to arrange your booking. In making this booking, you consent to this information being passed on to the relevant parties. Full details of our data protection policy are available upon request.

3. Payment

You will be required to make full payment at the time of booking. Your booking is only confirmed when we send you our email confirmation of booking. Because we are making live reservations with travel providers we have to have the security that we have appropriate payment from you and hence your payment to us is your authority to us to confirm your booking with the travel provider. If unexpectedly in the short time between your payment and us seeking to confirm your booking with the travel provider the travel product has become unavailable and we cannot obtain an alternative acceptable to you, you will of course receive a complete refund of the money you have paid for that product. You must also understand that this refund will only apply to the product which is unavailable and any other bookings will not be affected, that is, you will be committed to any other products which were booked for travel at the same time.

4. Insurance

We strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance in the event of accident or illness; and other expenses.

5. Delivery of documents

All documents (including invoices / tickets ) will be either be available to you online, sent via email, or sent to you by first class post, dependent on the Travel Provider. Details will be provided at the point of booking.

6. Alterations by your Accommodation Travel Provider

Sometimes your accommodation provider may need to make a change. If you have already booked we will let you know as soon as we can, if there is time before your departure. In the unlikely event that your accommodation provider has to make a major change or alteration to your booking, they will offer you the option of accepting the change or cancelling the booking and receiving a full refund of all monies paid to us in connection with the accommodation booking. A major change would include a change of hotel due to hotel closure or overbooking; a pricing error. This list is not exhaustive and there may be other examples of a major change.

7. General

We do not accept responsibility for any expenses or costs incurred by you as a result of the change and we do not accept responsibility for changes or cancellations that are due to unusual or unforeseeable circumstances beyond our control. These can include war or threat of war, riot, civil strife, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions, governmental action or accommodation ceasing to be available. All bookings made, even if arranged at the same time, are separate and independent bookings. Where your Travel Provider initiates a change or cancellation to a booking, your ability to cancel or change any other bookings is not affected. For example, if your accommodation booking is changed or cancelled by your Travel Provider, the Booking Conditions of your ticket booking will still apply, and vice versa.

8. Website accuracy

We endeavour to ensure that the details of all products, including prices, displayed on our websites are accurate. However, given the high volume of hotels and other products offered it is inevitable that, in exceptional cases, mistakes will arise. We cannot accept liability for these errors. This is because the information which you are shown is being transmitted effectively live from the relevant travel provider’s IT system. Notwithstanding the above, in cases where details other than price are materially incorrect we will offer you the choice of continuing with your booking or cancelling with a full refund of money paid on that booking only. Where inaccuracies relate to the understatement of the price of a specific product you will be offered either a full refund of money paid on that booking only or the opportunity to maintain that booking on receipt of the additional payment which is necessary.

9. Complaints

We pride ourselves on delivering the highest standard of customer service but if you have any dissatisfaction regarding your travel arrangements they should be reported to the relevant Travel Provider or their local supplier or agent immediately. If the Travel Provider is unable to resolve your concern please contact our customer services team who will try to assist you. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.

If you wish to also make a formal complaint upon your return home then these should addressed in writing via email to Customer Relations at My Date Night Ltd, at the following address : customerservices@mydatenight.com

10. Limitation of liability

For the avoidance of doubt, your booking is directly with the Travel Provider. Other than where we are negligent in the provision of our services to you, My Date Night Ltd accepts no liability or responsibility for any complaint, loss, damage, expense or other claim in respect of any aspect of your bookings or travel arrangements. Specifically, we will not be liable for any act or omission by any person not employed directly by us or under our immediate control and whilst we have chosen our Travel Providers with care we have no control over our Travel Providers and so cannot be held responsible for any action or omission of our Travel Providers or their servants, agents or employees. Moreover, we cannot be held responsible for any loss, damage or expense incurred or suffered by you which results from strike, civil commotion, fire, flood, war, threat of war, terrorist activity, national or nuclear disaster, late delivery, adverse weather conditions any act of God and / or any other event which is outside of our reasonable control. In no circumstances shall we be liable for any economic loss, loss of profit, loss of revenue, loss of business, loss of goodwill, loss of reputation, loss of anticipated savings arising out of the failure or delay in performing the services under these terms of business or otherwise in connection with these terms of business; or for any indirect, special or consequential loss or damage (howsoever arising). In all cases the absolute aggregate maximum liability of My Date Night Ltd under or in connection with these terms of business (howsoever arising) shall be limited to the total price paid by the customer for the specific bookings related to any given complaint. Nothing in these terms of business shall limit or exclude the liability of My Date Night Ltd for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation or from any other liability which cannot be excluded by law.

11. Cancellation, amendment and other service charges

11.1 Cancellation

All bookings are subject to the charge conditions advised at the time of booking. For the avoidance of doubt, all Ticketed events are non cancellable, non exchangeable and non refundable. In the event the charge conditions relating to a particular Hotel reservation allows cancellation or amendments, all Bookings cancelled less than 24 hours before departure will incur cancellation charges of 100% of the booking value. For attraction tickets where either tickets or vouchers have been issued no refund can be processed until the tickets or vouchers have been returned to us undamaged and unused. For other products the Travel Provider may charge the cancellation charge shown in their Booking Conditions.

11.2 Cancelled Shows or Hotels

We do not levy any charge to make an amendment to your booking via the website.

Occasionally Travel Providers may apply a charge, in the event that they do we will notify you of the charge which will need to be settled prior to processing an amendment request.

12. Jurisdiction

Your contract with My Date Night Ltd will be governed by English law and any related disputes will be dealt with in the courts of England and Wales. If you live in Northern Ireland or Scotland, the courts of Northern Ireland or Scotland as appropriate can deal with any disputes.

13. Credit Card Fraud Protection

To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

14. Accommodation bookings

14.1 Payment on booking

Hotels require full payment at the time of Booking through My Date Night Ltd.

15. Booking confirmation

We will send a booking confirmation by automated email within 2 working days of making your booking. Please check it carefully and contact us immediately if it is incorrect, as it may not be possible to make changes later.

16. Accommodation vouchers

Vouchers will be sent by automated email or by post within 10 days of booking, subject to full payment being received by My Date Night Ltd. The voucher will provide the address of your accommodation and a local office contact number. This should be handed in upon your arrival. Please take care of your voucher as failure to present it may result in your room being cancelled, or having to pay for your room again, or paying a higher price. No refunds for unused accommodation vouchers can be made, as they will be treated as cancellations.

17. Child Discounts

Any discounts are usually based on children sharing with two full paying adults. The costing shown will automatically advise you should discounts apply to the property you have chosen. The Hotel will usually ask for child ages. In both hotels and apartments, any room or board supplements are usually payable at the adult rate.

18. Duration

Most accommodation is available on a nightly basis, although some accommodations require a minimum stay of 2, 3 or even 7 nights. Our websites will identify these properties once a search has been made and highlight this information if deemed necessary.

19. Special requests

Although we will endeavour to pass any reasonable request on to your Travel Provider, we are unable to guarantee that the request will be met.

20. What is included in the price?

Hotel and apartment prices shown our websites are shown, based upon the information you supply, inclusive of all taxes, service charges and the meal arrangements where specified Not included are local resort charges, or charges for cots, which are occasionally levied direct by the hotel, details of which can be obtained before you depart on request.

RO - Room only - no meals

SC - Self-Catering - no meals, but cooking facilities are provided

BB - Bed & Breakfast - continental breakfast

21. Star ratings

Star Ratings are used to symbolise the overall quality and level of standards of each accommodation type. The star ratings are based on criteria including the range of standard facilities, the quality of the furnishings, the quality and range of the food outlets, and the overall level of service. They range from 1 star, where you can expect simple accommodation with limited facilities, to 5 star accommodation which is likely to have a full range of facilities of the highest standards. There is no uniform and consistent method of star ratings and as such they can vary significantly by country, and often within countries. As an agent we take the average rating of all the sources we have for the property. If we are provided an official rating we will endeavour to include that within the accommodation description.

22. Website accuracy

We take reasonable care to ensure that the information published about each hotel, or apartment is accurate. Facilities and amenities in accommodation may be temporarily unavailable for operational reasons. Where this happens we will do our best to advise you as soon as possible. We cannot accept liability for errors or omissions in the descriptions.

23. Theatre, Concert and Attraction tickets

In general My Date Night Ltd trades either as an agent for the provider or the consumer as detailed in our Agency and General Terms. Exceptionally, in respect of some theatre, concert or attraction tickets only My Date Night Ltd trades as a reseller for the attraction provider. However, regardless of whether My Date Night Ltd is trading as an agent or reseller we must stress that we do not own, control or have any influence over any of the Shows and Attractions featured on our website. We must further stress that we do not at any point make any enquiries with the providers of the Attractions about the quality or safety of the Attraction. We rely entirely upon the material supplied to us by the providers of the Shows or Attractions and we do not check that material. It is up to you to make your own enquiries about the quality and / or safety of the Shows or Attractions. We do not have, and we do not accept, any legal liability of any sort to you for anything which might go wrong with any Show or Attraction which you booked through us. In the event of any mishap, incident or other event prompting a claim relating to an attraction that claim should be directed directly to the provider of the Show or Attraction and not My Date Night Ltd whose contractual liabilities are in all cases limited to those of a booking agent responsible only for accurately relaying the booking requests as submitted by you.

24. Prices

The price advised to you at the time of booking is the final price, once the booking is confirmed, and will not be affected by price increases imposed by our Travel Providers or caused by currency fluctuations.

25. Tickets

On receipt of full payment we will issue a confirmation of booking. Tickets will be sent by the Travel Provider directly to you , either via email to be printed yourself, or via Royal Mail to your chosen address, and you’ll be advised accordingly through the booking confirmation. In the case of the tickets being sent to you via Royal Mail, you will receive the actual tickets and not vouchers. It is your responsibility to take care of any tickets issued as these may not be able to be replaced. My Date Night Ltd. accepts no responsibility for, and is not liable for, any loss or damage which may be caused by late delivery, provided that My Date Night Ltd was not responsible for sending the Tickets.

26. Accuracy of website and prices

Every reasonable effort has been made to ensure that descriptions and prices are accurate at the time of publishing. All statements made by us are in the honest belief that those facts and opinions given are correct. However, subsequent changes, which are beyond our control, may occur. You must, therefore, ensure you check all details of your chosen Hotel, Attraction, Show, Entertainment, Restaurant, Sporting Event or Tour at the time of booking. Any material changes will be advised to customers as soon as they become known to us. Please note all duration times given are approximate. We have no control over the Hotels / Attractions / Entertainments / Shows / Restaurants / Sporting Events / Tours and all details and descriptions in relation thereto are for guidance only. We accept no liability for any inaccuracy in the information pertaining to the above activities contained on our websites, such information may be altered at any time without prior notice and we also reserve the right to alter, amend or cancel any of the arrangements for the activities detailed above as shown on our websites.

27. User generated content

As part of our service My Date Night Ltd offers its customers the opportunity to review their accommodation, restaurants and shows once they have returned. Reviews are hosted on the My Date Night Ltd website and may be featured in emails or other marketing material. The reviews will typically feature the customer’s first name and location, and a user image.

(e.g. Katherine from Plymouth).

28. Your privacy

My Date Night Ltd will only publish the reviewer’s chosen image, first name and location. All other personal information and booking details will remain private. In submitting a review you grant My Date Night Ltd a perpetual, irrevocable and royalty-free license to reproduce the content (or an excerpt thereof) in future communications.

29. Review content

Whilst My Date Night Ltd encourages customers to share their experiences, we will not publish reviews that:

include offensive language or offend in any way

personally name individuals

When submitting reviews you agree to:

submit an honest opinion of your experience

not to include any advertising or spam

not to include any misleading or incorrect information