Terms and Conditions

TERMS AND CONDITIONS FOR YOUR TRAVEL CLUB SUPPLIER - BENCHMARK TRAVEL LTD 

BOOKING CONDITIONS
Under the charter of fair trading, your contract is with Benchmark Travel Ltd who is a member of both ABTA - J8828, &  ATOL - 5534. (See further relevant information about the ABTA Code of Conduct & ATOL Compliance Regulations under our separate Privacy Policy link on this website).  Our intention is to deliver a fair deal to our customers. This charter defines the terms of your agreement with us so that you will know what our obligations are to you and what yours are to us. Please read the terms carefully before you book your holiday with us as they contain exclusions and limitations of liability.
Should you wish to contact us by writing, you can do so at: Benchmark Travel Ltd, The Travel Centre 7-9 Bridge End, Mytholmroyd, Hebden Bridge, West Yorkshire, England, HX7 5DR.

OUR COMMITMENT TO YOU

I. Your Holiday Contract
A legally binding contract is made when we confirm your booking to either you by issuing a confirmation invoice. When you make a booking you guarantee that you have the authority to accept on behalf of all people on the booking our terms and conditions:- You also accept liability for paying for all people on the booking and for keeping them informed of booking details. English Law will govern this contract and any disputes will be dealt with in the courts of England and Wales, However, if you have booked your holiday in Scotland or Northern Ireland, disputes may be dealt with by the courts in Scotland or Northern Ireland as appropriate. You must be aged 18 years or over to make a booking.

2. Making a Booking
You should book your travel arrangements directly with us. When you make a booking you must immediately pay a reservation fee as deposit: The initial reservation deposit amount for all our advertised holidays is £50 or if more, as stipulated at the time of booking. The reservation deposit is payable for each person on the booking, including children, with any insurance premiums, car hire or other payment for products offered being added as additional. The balance of the price of your travel arrangements must be paid at least eight weeks prior to your departure date, unless being dealt with as a late booking. All monies deemed due under a late booking will be paid within 48 hours of receipt of final itinerary and of reaching either written or verbal agreement re same. If the balance is not paid within the due times, we will treat your booking as cancelled by you and the cancellation charges set out in Section 5 will be enforced. All monies you pay to us are for travel arrangements provided by us or on our behalf, On confirmation of your travel arrangements we will issue a confirmation invoice. Please check the invoice carefully to ensure all of the details are correct. Contact us immediately if any of the information is incorrect.

3. Your Holiday Price
The prices quoted are in Sterling and were correct at the time of publication. The final price of your travel arrangements will be confirmed at the time of making a booking. Our reservations staff will be able to confirm the price before you make your booking. We can guarantee that the cost of your travel arrangements, once confirmed and the deposit has been paid, will not increase unless government action or changes to taxation is cause for increases. Even in these cases we will absorb up to 2 percent of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2 percent will be charged to you. Where you have to pay a surcharge there will be an administration charge of £1.00 per person. If this means you have to pay an increase of more than 10 percent of your original booking cost you may cancel your travel arrangements and receive a full refund of all monies paid, except for any premiums paid to us for holiday insurance or any amendment charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.

4. If You Change Your Booking
If, after confirmation, you wish to change your travel arrangements in any way we will try to assist you, although we cannot guarantee that it will always be possible and may be subject to further conditions imposed by your Tour Operator. The person, who made the booking, must make any request for alterations in writing. If you wish to alter any aspect of your booking you should notify us as soon as possible because these costs increase as your departure date approaches.

Time before departure when change request is received by us

Change of name (per name changed)

Other Changes (per person per change)

84 days or more

Minimum £15

Minimum £15+

29 -84 days

Minimum £25

Cancellation charges may

0   -28 days

Minimum £40 if still possible

     apply, see section 5

5. If You Cancel Your Holiday
You, or a member of your party, may cancel travel arrangements at any time, although in order for us to recover costs incurred as a result of your cancellation, the charges as detailed below will apply unless subject to further conditions imposed by your Tour Operator. You may be able to reclaim these charges on your travel insurance although this will obviously depend on the reason for the cancellation. To cancel, you must notify us in writing as soon as possible. In the event of cancellation or part cancellation, the following charges are applicable

Time before departure when cancellation request has been received by us

Cancellation charge as a % of total holiday cost (excluding insurance premiums)

84 days or more

Deposit only

29-84 days

50%

22-28 days

60%

0-21 days

100%

6. If We Change or Cancel Your Holiday
It is unlikely that we will have to make changes to your travel arrangements but, as we plan your holiday many months in advance, we may on occasion need to make changes and reserve the right to do so. Where changes do occur they will mostly be minor and we will advise you of them at the earliest opportunity. Please note that flight times and airline details shown in our brochures and initial itineraries are for guidance only and may be subject to change. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of people required to make a particular holiday viable is not reached we may have to cancel that holiday. However we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. Force majeure refers to war, threat of war, riots. industrial dispute, natural or nuclear disaster, fire, adverse weather conditions, terrorist activity, airport closures and similar events beyond our control.
Where the changes are of a minor nature, we will if possible try to inform you prior to departure. Please note that carriers, such as airlines shown in our brochure and via our web site, may be subject to change. Such change is deemed as a minor change. Other examples of a minor change include alteration of your outbound/inbound flight by less than 2 hours or changes to aircraft.
Where a major change to your travel arrangements becomes necessary you will have the choice of either accepting the revised arrangements offered or to cancel your holiday and receive a full refund unless subject to alternative Tour Operator conditions.

Major Changes include:

·  Altering your departure or destination airport (Note: Change of Scottish airports - Glasgow International to Glasgow Prestwick and vice versa does not constitute a major change)

·  A change of departure or return time by more than 12 hours,

·  Switching you to accommodation with a lower official rating or to a similar rating in a different resort .On rare occasions we may be forced to change your travel arrangements after your arrival in resort. Should this happen we will seek to place you in accommodation of the same or a higher standard in the same or a similar resort and you will have no right to cancel your booking if a suitable alternative is offered. In all cases, except where the major changes arise due to reasons of force rnajeure', we will pay compensation as detailed below:

Period before scheduled departure date within which a major change is notified to you.

Compensation per person

56 days or more

Nil

29-55 days

£10

8-28 days

£15

0-7 days

£25

7. Delays
The provision of extra services in the event of a delay depends on various factors including whether they are available, the time of day, the number of passengers affected and the anticipated length of delay. Unless we have given our permission beforehand, we cannot accept any length of liability for any payment you make or incur, or for any time lost as a result of any delay- It may be possible for you to make an insurance claim for any delay.

8. If You Have A Complaint
If you have a problem in resort or with any of our travel arrangements you must report it immediately to the local representative or to our travel help line number supplied to you at the time of booking. Every effort will be made to resolve it to your satisfaction. If the problem cannot be resolved whilst on holiday, details of the problem should be recorded on a holiday report form, this is available on request from your representative. This form together with an accompanying letter must be forwarded within 28 days of returning home to our Customer Services Department which will forwarded if appropriate to the Tour Operator/Ground Handler/Consolidator involved. We cannot accept liability in respect of any claims or complaints, which are not notified to ourselves as described.
It is unlikely that you will have a complaint that cannot be settled amicably between us or the Company stipulated in the Complaint. However, disputes to do with this contract which cannot be settled amicably, may (if you wish) be referred to arbitration under a special scheme which is arranged by the Association of British Travel Agents. but is administered quite independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims to any amount greater that £1,500 per person or £7,500 per booking form. (or sums subsequently amended in line with current updates). It also does not apply to claims which relate to physical injury or illness. If you choose to proceed to arbitration under this scheme, you must send a written notice of your decision to ABTA within nine months after your scheduled date of return.
Full details of the scheme are available from the Association of British Travel Agents at 68-71 Newman Street, London W1P 4AH or via their website at www.abta.com

9. Special Requests
You must inform us at the time of booking of any special requests which you may have so that we are able, as far as is reasonably possible, to cater for them. However, we cannot guarantee that we will be able to cater for all special requests and when we do we reserve the right to make a charge for the cost of providing them. Please note that such requests do not form part of our contractual obligations and we have no liability to you if they are not met.

10. Infants
Please note that in accordance with Air Navigation Orders, in order to qualify for infant status, a child must be less than two years of age on the date of its return flight.

11. Our Liability to You
We accept responsibility for ensuring that the travel arrangements you book with us are supplied as described in our own brochure and our own final itineraries. If any part of your travel arrangements are not provided as promised we will pay you appropriate compensation if this has affected your enjoyment of your holiday. (See Section 5 - If We Change or Cancel Your Holiday). We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they lead to death, injury or illness (see clause i) below). Our liability in all cases shall be limited to a maximum of twice the cost of your travel arrangements excluding any amendment charges or insurance premiums.
i)We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and subcontractors whilst acting within the scope of or in the course of their employment in the provision of your travel arrangements. Where negligence is proven we will accordingly pay to you such damages as might have been awarded in such circumstances under English Law.
ii) In respect of travel by air, sea and rail our liability will be limited by the relevant international convention. Please call or write to us to obtain copies.
iii) We cannot accept liability where the failure to perform by the contractor or improper performance of the contract is due to:

·  Acts and/or omissions of yourself or any member of your party.

·  The fault of someone else not connected with the provision of services contracted for and which is unforeseen or unavoidable

·  Any circumstances which are unusual or unforeseeable and/or beyond our control, which could not have been avoided, even if all due care had been exercised.

·  Any event which we or the supplier of any part of the contract could not have foreseen or forestalled when applying all due care.

Where the holiday has been supplied through a 3rd Party, then their own

Liability Conditions will apply. Full details of these will have been made available to you at the time of booking.

12. Personal Injury Unconnected with Your Travel Arrangements
If, whilst overseas, you, or any member of your party, suffer death, illness or injury arising out of an activity which does not form part of your travel arrangements or an excursion arranged through us, we shall at our discretion offer advice, guidance and assistance.
Where legal action is contemplated and you want our assistance you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to make a claim under your insurance policy to recover legal and other expenses and that monies recovered will be used to pay back any costs incurred by us in assisting you. In any event we will limit the cost of
our assistance to you or to any member of your party to £5,000.

13. Brochure/Final Itinerary Accuracy
We will provide facilities and services as advertised. If those facilities or services are withdrawn or limited for any reason we will try to advise you and where appropriate pay compensation. We cannot pay compensation for events which are outside the control of Benchmark Travel Ltd or its suppliers (see If We Change or Cancel Your Holiday).

14. Travel Documentation
Normally you will receive your tickets or closure of booking correspondence about 2 weeks before departure. If you book your travel arrangements closer to your departure date it may be necessary to collect your tickets at the point of departure and a fee for this service will be charged at the time of making the booking.
It is your responsibility to have valid travel documents. We will look to recover from you any fines imposed upon your carrier or Benchmark Travel Ltd as a result of your holding incorrect or improper documents.

On this page we aim to give you as much advice and guidance as possible, please be patient as we gather together the information. Please contact us on 01422 847 847 with any queries you have and we will be happy to help. For all information regarding passports and health please click HERE  

For more information on Foreign Office information on visas and other travel information please visit www.gov.uk/knowbeforeyougo . Please not the FCO is no longer able to offer information via telephone.

15. Health & Travel
Where health and travel documents are necessary to comply with the requirements of the country you may wish to visit, then it is your responsibility to procure them. If failure to obtain any such documents results in fines, surcharges or other financial penalty being imposed upon Benchmark Travel Ltd then you should be liable to reimburse Benchmark Travel Ltd accordingly. You must ensure, by consulting your own doctor if necessary, of specific health precautions deemed prudent for the country / resort you intend to visit and the appropriate medication / inoculations compiled with. Again it is the responsibility of the persons travelling to ensure they are in possession of a valid passport, with 6 months still to run where requested by the country being visited and any visas that may be necessary.
We want everyone to enjoy completely successful travel arrangements. If you have a disability or a medical condition requiring special transport, accommodation or dietary arrangements, please do not hesitate to tell one of our travel consultants with 100% confidentiality where needed. You can also visit the abta checklist on www.abta.com providing all information needed for disabled passengers and those who need reassurance before travelling to ensure you have the best possible trip! Of course if you have any questions please call us on 01422 847 847

16. Conditions of Carriage
The contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms, which affect your rights to compensation. For copies of relevant conditions of carriage please call or write to us. The brochure/published final itinerary is our responsibility as your tour operator/holiday or travel arrangements supplier. It is not issued on behalf of, and does not commit the airlines mentioned therein or any of the airlines whose services are used in the course of your travel arrangements.

17. Checking Inbound Flights
You may be asked to confirm your inbound (return) flight details with the relevant overseas office (the telephone number of which appears on your holiday itinerary), not more than 48 hours and not less than 12 hours prior to the previously notified flight time. Documentation included with your tickets will advise if this requirement is necessary and we cannot accept liability for any losses or expenses to passengers who fail to comply with this condition. The times quoted on your flight ticket are local times and will always refer to the 24-hour clock system. It is essential for you to check in at least two hours prior to the flight departure time advised unless otherwise stated. If the outbound journey is not taken the inbound flight reservation will automatically be cancelled.

18. Group Bookings
For Group Bookings please telephone 0800 9531 263 or 01422 847 847. Group bookings apply to 10 passengers or more, departing and returning on the same flights and when booking a holiday, staying in the same accommodation. All passengers must pay a minimum deposit of £50 per person unless otherwise stipulated at the time of booking.

19. Civil Aviation Authority Regulations
Civil Aviation Authority Regulations, specify that both the outbound and inbound of the air ticket must be used. In the event that the outbound flight is not used, the passenger will not be allowed to return on the inbound charter flight. Should anyone check in less than 90 minutes before the ticketed departure time, (unless specifically stated on the final itinerary) admission to the flight is likely to be refused. Should anyone be refused admission to the flight or to the destination country by the airline or government authority, then we are powerless to assist and cannot be held responsible. In all such cases we will not be liable for any costs involved.

For your further financial protection the air holidays and flights offered in our brochure and itineraries are ATOL Protected, since we hold an Air Tour Organisers Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL 5903. Where our flights are offered through other ATOL Holders, their ATOL number will be shown on all subsequent correspondence and invoices. In the unlikely event of insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk.

20. Car Hire or Other Associates, Terms & Conditions
Any agreement entered into in relation to car hire or any other provision of offers or services from one of the associate companies who are advertised through the auspices of Benchmark Travel Ltd, is between you, the individual and the particular company/concern involved. The terms and conditions of such agreements taking precedence and/or substitution for those offered by Benchmark Travel Ltd unless so determined by law.

21 Holiday Insurance

It is your responsibility to have relevant Travel Insurance in place at the time of travel for all travellers in the party. Ideally this should be put in place at the time of booking to cover amendment or cancellation possibilities.

You can book Travel Insurance on this website by following the highlighted link.

 

22 Further Relevant Conditions

There may be further relevant conditions applicable to your particular booking.

These can be obtained on request. (See opening paragraph).

TERMS AND CONDITIONS - WEBSITE
BACKGROUND:
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website  (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“System” means any online communications facility that We make available on Our Site either now or in the future.  This may include, but is not limited to, contact forms, email, and live chat; and
“We/Us/Our” means Benchmark Travel Ltd, a company registered in England under 1990682, whose registered address is: 7-9 Bridge End, Mytholmroyd, West Yorkshire, HX7 5DR, United Kingdom and whose main trading address is: 7-9 Bridge End, Mytholmroyd, West Yorkshire, HX7 5DR.
 
2. Information About Us
Our Site is owned and operated by Benchmark Travel Ltd, a limited company registered in England under company number: 1990682
Registered address: 7-9 Bridge End, Mytholmroyd, West Yorkshire, HX7 5DR
Main trading address: 7-9 Bridge End, Mytholmroyd, West Yorkshire, HX7 5DR
VAT number: GB193167195
 
3. Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
 
4. Intellectual Property Rights
4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
4.2 Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
4.3 You may:
4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
4.3.2 Download Our Site (or any part of it) for caching;
4.3.3 Print one copy of any page from Our Site;
4.3.4 Down load extracts from pages on Our Site; and
4.3.5 Save pages from Our Site for later and/or offline viewing.
4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
4.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.
4.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
 
5. Links to Our Site
5.1 You may link to Our Site provided that:
5.1.1 You do so in a fair and legal manner;
5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
5.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
5.2 You may link to any page of Our Site.
5.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission. 
5.4 You may not link to Our Site from any other site the content of which contains material that:
5.4.1 is sexually explicit;
5.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.4.3 promotes violence;
5.4.4 promotes or assists in any form of unlawful activity;
5.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
5.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.4.7 is calculated or is otherwise likely to deceive another person;
5.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
5.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
5.4.10 implies any form of affiliation with Us where none exists;
5.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
5.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.5 The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.4. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
 
6. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
 
7. Use of Our System
7.1 You may use Our System at any time to contact Us. Please note the following; you must not:
7.1.1 communicate in a way that is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.1.2 submit information that promotes violence;
7.1.3 submit information that promotes or assists in any form of unlawful activity;
7.1.4 submit information that discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
7.1.5 submit information that is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.1.6 submit information that is calculated or is otherwise likely to deceive;
7.1.7 submit information that is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.1.8 misleadingly impersonate any person or otherwise misrepresent your identity or affiliation in a way that is calculated to deceive;
7.1.9 imply any form of affiliation with Us where none exists;
7.1.10 infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
7.1.11 submit information in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
7.2 We may monitor any and all communications made using Our System.
7.3 Any information that you send to Us through Our System may be modified by Us and, by sending us such information, you waive your moral right to be identified as the author of that information.
7.4 Any personal information sent to Us, whether through Our System or otherwise (including but not limited to your name and contact details), will be collected, used and held in accordance with your rights and Our obligations under the Data Protection Act 1998, as set out in Clause 13.
 
8. Disclaimers
8.1 Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relates to personal training and health and fitness.
8.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
8.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
8.4 No part of Our Site is intended to constitute a contractual offer capable of acceptance. No goods or services are sold through Our Site and the details of goods and services provided on Our Site are provided for general information purposes only.
8.5 We make reasonable efforts to ensure that any and all pricing information shown on Our Site is correct at the time of going online. We reserve the right to change prices at any time and may add or remove special offers and promotions from time to time.
8.6 Whilst every reasonable effort has been made to ensure that all representations and descriptions of goods and services available from Us correspond to the actual goods and services available, minor variations or errors may occur. In the event of any discrepancy please contact us at [email protected]
8.7 We make no representation, warranty, or guarantee that goods and services shown on Our Site will be available from Us. Please contact Us if you wish to enquire as to the availability of any goods and services.
 
9. Our Liability
9.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
9.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
9.3 Our Site is intended for non-commercial use only. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
9.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
 
10. Viruses, Malware and Security
10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
 
11. Acceptable Use Policy
11.1 You may only use Our Site in a manner that is lawful. Specifically:
11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
11.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
11.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
11.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:
11.2.1 suspend, whether temporarily or permanently, your right to access Our Site;
11.2.2 issue you with a written warning;
11.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
11.2.4 take further legal action against you as appropriate;
11.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
11.2.6 any other actions which We deem reasonably appropriate (and lawful).
11.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
 
12. Privacy and Cookies
Use of Our Site is also governed by our cookie and privacy policy. These policies are incorporated into these Terms and Conditions by this reference.
 
13. Data Protection
13.1 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and your rights and Our obligations under these Acts.
13.2 We may use your personal information to:
13.2.1 Reply to any communications you send to Us;
13.2.2 Send you important notices, as detailed in Clause 14;
13.3 Please see our Privacy Policy for further information on GDPR.
 
14. Communications from Us
14.1 If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
14.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 7 business days for your new preferences to take effect.
14.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at: [email protected]
 
15. Changes to these Terms and Conditions
15.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
15.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
 
16. Contacting Us
To contact us email us at: [email protected] or call 01422 847 847.
17. Law and Jurisdiction
17.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
17.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.