Please read these terms and conditions carefully before making any booking, as they contain important information about your rights and obligations.If you are a travel agent booking on behalf of a customer, please ensure you notify the customer that these terms and conditions apply to the customer"s booking of our services as set out below.
1 Introduction
1.1 Please read these terms and conditions carefully before ordering any services from Destination Care Ltd
("Destination Care", "we" or "us"). In particular, we draw your attention to clauses 8 (Availability to
people in the United Kingdom only) and 9 (Liability). By clicking on the "I Accept" button at the bottom
of these terms and conditions, you agree to be legally bound by these terms and conditions as they may
be modified and posted on our web site from time to time.
1.2 By ordering any services from our web site, you agree to be legally bound by these terms and conditions of
use as they apply to your order. These terms and conditions apply to all Services supplied by us to you and
you and we agree that these are the only conditions that will apply.
1.3 If you do not wish to be bound by these terms and conditions then regrettably you may not order any services
from our web site.
2 Nature of our web site
2.1 Our web site is a place for you to select and order a 24 hour "On Demand" telephone based holiday representative
service which will provide you with customer care (including dealing with hotel issues, resort information, guidance on
medical assistance and repatriation), a booking service for excursions and a concierge service (which will provide
restaurant recommendation and reservations, a booking service for taxi transfers between restaurant and hotel) (the "Service").
Our web site describes the Service in more detail.
2.2 Please note that the contents of our web site are aimed only at users aged 18 and above, and you must be 18 years or
over to purchase the Service, using the payment method displayed on our web site.
3 Ordering
3.1 To order a Service you must follow the ordering procedures set out on our order page of our web site.
3.2 Destination Care is entitled to refuse any order placed by you. If your order is accepted, we will confirm acceptance
to you by online electronic means ("Confirmation") to the e-mail address you have given us on ordering and also to the
travel agent"s screen if you placed your order through a travel agent. Subject to clauses 3.3 and 5, the order will then be
fulfilled on the date set out in the Confirmation.
3.3 You promise to us that all details you provide to us for the purpose of purchasing the Service will be correct, that
the credit or debit card which you use is your own (where you do not pay through a travel agent) and that there are sufficient
funds or credit facilities to cover the cost of the Service. We reserve the right to obtain validation of your credit or debit
card details before providing you with the Service. If validation cannot be obtained and payment is not made, we reserve the
right to cancel the Confirmation and the Service will not be performed. We will advise you as soon as possible to the e-mail
address you have given us if we have to cancel the Service you have booked.
4 Prices and Payment
4.1 Details of our prices for the Service, and the procedures for payment and delivery are displayed on our web site. The price
of any Service is the price displayed on our web site at the date and time of your order. We may change the price of any Service on
our web site before you place an order. We try to ensure that our prices displayed on our web site are accurate but the price on
your order will need to be validated by us as part of the acceptance procedure (see clause 3.2 above). We will inform you if a
Service"s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order
the Service at the correct price. If you cancel the order, we will refund all monies you have paid.
4.2 If you have not paid via a travel agent, you must pay by credit or debit card at the time of order as set out on the order page
of our web site. The cards we accept are set out on the order page of our web site.
5 Performance
5.1 We will use all reasonable efforts in the provision of the Services as follows:
5.1.1 Where we provide you with resort information we will use reasonable efforts to ensure that such information is accurate.
5.1.2 Where we provide you with restaurant recommendations we will use reasonable efforts to pass on recommendations received from independent
third parties or from the restaurants themselves where they promise to adhere to our minimum service guidelines.
5.1.3 Where you are complaining about a hotel we will use reasonable efforts to contact the hotel and attempt to resolve the complaint,
failing which we will advise you as to what we reasonably think you should do next (for example to contact your travel agent
or tour operator).
5.1.4 Where we provide you with a booking service for excursions or taxis we will use reasonable efforts to choose a reputable
provider of such services and pass on your details to them accurately.
5.1.5 Where we provide you with guidance on medical assistance and repatriation, we will use reasonable efforts to provide you
with contact details of your insurance company and/or a local hospital or travel company.
5.2 EXCURSIONS MUST BE BOOKED AT LEAST 24 HOURS IN ADVANCE. IF SO STATED AT YOUR DESTINATION, EXCURSIONS MUST BE
CONFIRMED UPON ARRIVAL EITHER VIA OUR CUSTOMER CARE HOTLINE OR THROUGH THE NUMBER NOTIFIED TO YOU AT YOUR DESTINATION.
IF YOUR BOOKING IS NOT SO CONFIRMED, WE CANNOT GUARANTEE THAT THE SERVICE WILL BE PROVIDED AND WE WILL NOT BE LIABLE FOR
ANY LOSSES OR ADDITIONAL COSTS YOU INCUR.
5.3 If you have any complaints, you should direct them to us via email at admin@DestinationCare.com or by post at
1st Floor, 30 Church Road, Burgess Hill, West Sussex, RH15 9AE.
6 Variation and Cancellation
6.1 If your booking details change, you can amend your booking up to 24 hours prior to your departure, subject to
payment of any difference in the applicable prices in accordance with clause 4 above together with our administration charge (if any).
6.2 YOU MAY CANCEL YOUR BOOKING AT ANY TIME BUT WE CAN ONLY REFUND YOUR PAYMENT IF YOU CANCEL YOUR BOOKING 24 HOURS
OR MORE PRIOR TO YOUR DEPARTURE DATE.
7 Information you provide
7.1 The following applies to any information you provide to us, for example during any registration or ordering process:
7.1.1 You authorise us to use, store or otherwise process any personal information which relates to and identifies you,
including but not limited to your name and address, to the extent reasonably necessary to provide the Services by us or our
sub-contractors, including the excursion and transport firms. If you obtain or choose to buy a Service through our web site
then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters
then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in
our privacy policy set out on our web site shall be known as "the Purposes"). All such information collected by us shall be referred
to in these terms and conditions as "Personal Information".
7.1.2 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration
details (where applicable) contain your correct name, address and other requested details. For more information about how we
deal with your Personal Information, please read our privacy policy.
7.2 By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the
Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information
following notification to you by means of a notice on our web site, which you should check regularly. If you would like to
review or modify any part of your Personal Information then you should email us at admin@DestinationCare.com
8 Availability to people in the United Kingdom only
8.1 Our web site is controlled and operated by us from our offices in Burgess Hill, West Sussex.
8.2 We have used our best efforts to ensure that our web site complies with United Kingdom law. However, we cannot confirm
that the materials on our web site are appropriate or available for use in locations outside of the United Kingdom, and the
Services may only be ordered by individuals located in the United Kingdom.
8.3 Accordingly, the Services are not offered for sale to anyone located outside of the United Kingdom and Destination Care
accepts no liability for any costs, losses or damages resulting from or related to the purchase or attempted purchase of a
Service by persons located outside of the United Kingdom.
9 Liability
9.1 We promise that all Services you purchase from our web site will be performed with reasonable skill and care and, as far as
reasonably possible, in accordance with our agreement. We will do our best to ensure that all materials and information published
on our web site are accurate, but please note that all materials and information on our web site are provided on an "as is" basis.
9.2 The Services are provided to you for private domestic use only and this is a consumer contract. Accordingly, we accept no
liability for any business loss (which includes without limitation any loss of contracts, loss of profits, loss of revenue or loss
of anticipated savings in expenditure or any loss or corruption of data) however caused, even if foreseeable.
9.3 If the Service delivered is not what you ordered or is not performed with reasonable skill and care, Destination Care will
refund to you the price paid and, if the Service is not performed at all, we will refund to you the price paid together with your
reasonable costs incurred due to the failure. PLEASE NOTE THAT RESTAURANT MEALS, EXCURSIONS AND TAXI TRANSFERS WILL BE PROVIDED BY
THIRD PARTIES WHO ARE NOT CONNECTED WITH DESTINATION CARE. IF YOU HAVE ANY COMPLAINTS ABOUT THE PROVISION OF SUCH SERVICES,
YOU MUST CONTACT THE RESTAURANT, EXCURSION OR TAXI COMPANY DIRECT. EXCEPT IN RESPECT OF USING REASONABLE EFFORTS TO CHOOSE A
REPUTABLE PROVIDER OF SUCH SERVICES AND TO RECOMMEND TO YOU OR BOOK ON YOUR BEHALF AND PASS ON YOUR DETAILS TO THEM ACCURATELY, WE
ACCEPT NO LIABILITY IN RESPECT OF THE SERVICES PROVIDED BY THEM.
9.4 Notwithstanding any other provision in these terms and conditions, nothing excludes any liability we may have for death or personal
injury resulting from our negligence, for which our liability is unlimited.
9.5 If we are liable to you for any reason, our liability will be limited to the direct costs you incur which are a foreseeable
consequence of our failure. This limit does not apply to any liability we may have for death or personal injury resulting from our
negligence and for which our liability is unlimited.
9.6 These terms and conditions do not affect your statutory rights as a consumer.
10 General
10.1 If you wish to rely on any variations to these terms and conditions, you should ensure that such variations are agreed with us
in writing as soon as possible.
10.2 We may transfer or subcontract any or all of our rights and obligations under these terms and conditions at any time.
10.3 We may alter these terms and conditions from time to time and post the new version on our web site, following which all use
of our web site will be governed by that version. You must check the terms and conditions on the web site regularly.
Your continued use of this web site or the Service indicates your acceptance of the new version of the terms and conditions.
The terms governing the purchase of any Service will be the terms in place at the time of your order.
10.4 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any,
are the whole agreement between you and Destination Care. If you intend to rely upon any variations or other statement made by Destination
Care or any other person, you should ensure that this is agreed in writing with us as soon as possible.
10.5 A person who is not a party to our agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term
of this agreement but this does not affect any right or remedy of another party which exists or is available apart from that Act.
10.6 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any
reason whatsoever, such term or provision shall be deleted but all other terms will remain valid.
10.7 These terms and conditions and your use of our web site are governed by the laws of the relevant part of the United
Kingdom and the relevant Courts of the United Kingdom shall have the exclusive jurisdiction in relation to any disputes arising
between us in relation to this Agreement.
10.8 Neither you nor Destination Care will be held liable for any failure to perform any obligation to the other due to
causes beyond your or Destination Care" respective reasonable control.
10.9 Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
11 Notices
11.1 All notices shall be given:
11.1.1 to us via email at admin@destinationcare.com or
11.1.2 to you at either the e-mail or postal address you provide during any ordering process.
11.2 Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a
weekend or a public holiday in the place of receipt) or 48 hours after the date of posting.
12 Replacement
12.1 These terms and conditions, together with the privacy policy, any order form and payment method instructions, if any, replace
all other terms and conditions previously applicable to the use of our web site and/or sale of the Service.