Terms & Conditions
1. ACCEPTANCE OF TERMS
Your access to and use of www.lowcostsanfran.co.uk
("the Website") is subject exclusively to these Terms and
Conditions. You will not use the Website for any purpose that is
unlawful or prohibited by these Terms and Conditions. By using the
Website you are fully accepting the terms, conditions and
disclaimers contained in this notice. If you do not accept these
Terms and Conditions you must immediately stop using the
Website.
2. ADVICE
The contents of the Website do not constitute advice and should not
be relied upon in making or refraining from making, any
decision.
3. CHANGES TO WEBSITE
lowcostsanfran.co.uk reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that lowcostsanfran.co.uk shall not be liable to you for any such change or removal.
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4. LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are
controlled and maintained by others. Any link to other websites is
not an endorsement of such websites and you acknowledge and agree
that we are not responsible for the content or availability of any
such sites.
5. COPYRIGHT
5.1 All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to lowcostsanfran.co.uk or otherwise used by lowcostsanfran.co.uk as permitted by law.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
The Website may include links to third party websites that are
controlled and maintained by others. Any link to other websites is
not an endorsement of such websites and you acknowledge and agree
that we are not responsible for the content or availability of any
such sites.
6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
6.2 To the extent permitted by law, lowcostsanfran.co.uk will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.3 lowcostsanfran.co.uk makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of lowcostsanfran.co.uk for death or personal injury as a result of the negligence of lowcostsanfran.co.uk or that of its employees or agents.
7. INDEMNITY
You agree to indemnify and hold lowcostsanfran.co.uk and its
employees and agents harmless from and against all liabilities,
legal fees, damages, losses, costs and other expenses in relation
to any claims or actions brought against lowcostsanfran.co.uk
arising out of any breach by you of these Terms and Conditions or
other liabilities arising out of your use of this Website.
8. SEVERANCE
If any of these Terms and Conditions should be determined to be
invalid, illegal or unenforceable for any reason by any court of
competent jurisdiction then such Term or Condition shall be severed
and the remaining Terms and Conditions shall survive and remain in
full force and effect and continue to be binding and
enforceable.
9. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in
accordance with the law of England and you hereby submit to the
exclusive jurisdiction of the English courts.
10. CONTRACT
lowcostsanfran.co.uk is the trading name of Travel Day Limited,
whose registered office is at Unit 22 Basepoint Business Centre,
Swindon, Wiltshire, SN5 7EX. These Booking conditions govern all
bookings with lowcostsanfran.co.uk. A contract will only exist once
lowcostsanfran.co.uk has received payment (deposit or in full) and
a Booking Advice had been issued. Our on-line booking services are
only available to persons over the age of 18. By booking with
lowcostsanfran.co.uk you confirm to us you comply with these
rules.
11. PAYMENT - Hotel Only
lowcostsanfran.co.uk requires full payment for all products and
services at the time of booking unless you're check-in is in excess
of 4 weeks in advance of your booking date. Where a deposit only
payment is made full payment is due a minimum of 4 weeks prior to
check-in. We accept Delta/Switch plus Visa and MasterCard for
on-line payments.
11.1 PAYMENT - Package Holidays
lowcostsanfran.co.uk requires full payment for all products and
services at the time of booking unless you're check-in is in excess
of 12 weeks in advance of your booking date. Where a deposit only
payment is made full payment is due a minimum of 10 weeks
prior to check-in. We accept Delta/Switch plus Visa and MasterCard
for on-line payments.
12. ALTERATION or CANCELLATION for Hotel only bookings
Accommodation cancellation policy, unless otherwise stated on your
Booking Advice: Greater than 7 days prior to departure: £30 per
person plus any credit card fees absorbed by lowcostsanfran.co.uk
at time of booking (normally 2%) 7 - 0 days prior to departure:
100%
Premium dates of 1-Dec to 31-Dec and Easter the cancellation policy is 30 - 0 days prior to departure: 100% However, if the cancellation or alteration is outside of 7 days prior to check-in or use of the product the company will make its best endeavours to accommodate your change/cancellation.
Appropriate fees may be applied depending on the requested change/cancellation. Please contact reservations@lowcostsanfran.co.uk with any cancellation/alteration request
12.1 ALTERATION or CANCELLATION for Package Bookings
When a deposit option has been paid and prior to full payment the
cancellation/alteration fee will be loss of deposit unless
otherwise stated on your Booking Advice. Once full payment has been
made the cancellation fee is 100%. Should your travel plans change
please contact us as soon as possible as in some cases we may be
able to be more flexible in either changing or cancelling your
package holiday. Please contact reservations@lowcostsanfran.co.uk
with any cancellation/alteration request
13. ALTERATION by lowcostsanfran.co.uk
Occasionally, due to reasons beyond the Company's control, it may
be necessary to amend the products and services you have booked
with lowcostsanfran.co.uk. lowcostsanfran.co.uk will do its best to
inform you of any such change as soon as possible prior to check-in
or use of the product or service.
14. CANCELLATION by lowcostsanfran.co.uk
In the unlikely event that a booking has to be cancelled a full and
prompt refund will be made of all monies paid to the Company less
any insurance premiums and amendment fees. Please see note below
regarding "Force Majeure"
15. FORCE MAJEURE
We regret we cannot accept liability or pay any compensation where
we are forced to cancel, curtail, delay or in any way change your
holiday or where the performance or prompt performance of our
contractual obligations is prevented or affected in whole or part
as a result of circumstances amounting to "force majeure". Such
circumstances include war or threat of war, riot, civil strife,
industrial dispute, epidemics or health risks, terrorist activity,
natural or nuclear disaster, fire or adverse weather conditions,
technical problems with transport, closure or congestion of
airports, cancellations or changes of schedules by scheduled
airlines, government action or advice and all similar circumstances
outside our control.
16. WHERE WE ACT AS AN AGENT
lowcostsanfran.co.uk acts as an agent for various suppliers whose
products form part of your booking. The suppliers standard terms
and conditions will apply to these products. When
lowcostsanfran.co.uk is acting as an agent the booking advice and
any travel vouchers will contain the supplier's details.
16.1 OUR LIABILITY TO YOU WHERE WE ACT AS AN AGENT
Subject to clause 18 lowcostsanfran.co.uk acts in all cases as an
agent for suppliers of accommodation and other products featured on
this website.
lowcostsanfran.co.uk will endeavour to use reasonable skill and care in selecting suppliers of accommodation, flights, shows and other products featured on this website.
However, subject to clause 18 below, where you have booked any goods, services, facilities or otherwise through the lowcostsanfran.co.uk website your contract will be with the supplier of those goods, services, facilities or otherwise and not with lowcostsanfran.co.uk. For example if you book a hotel through lowcostsanfran.co.uk your contract will be with that hotel and if you book a flight, your contract will be with the airline supplying the flight. In each instance, the supplier will have its own terms and conditions and they will apply to your contract lowcostsanfran.co.uk cannot accept responsibility for any fault by the supplier or if there are problems with the performance of any contract that you arranged through this website. For example lowcostsanfran.co.uk is not responsible for any flight delays or lost luggage, or for unavailable facilities at hotels. You should refer to the relevant supplier for a copy of their terms and conditions.
16.2 OUR LIABILITY TO YOU WHERE WE ACT AS A PRINCIPAL
Where lowcostsanfran.co.uk offers and sells Package Holidays (as
defined by Regulation 2(1) of the Package Travel, Package Holidays
and Package Tours Regulations 1992 ("the Regulations"))
lowcostsanfran.co.uk acts as a principal and your holiday contract
is with us. The terms of this clause apply to your Package Holiday
but for the avoidance of doubt this clause does not apply to any
holiday that is not a Package Holiday within the meaning of
Regulation 2(1) of the Regulations.
Where you book a Package Holiday, lowcostsanfran.co.uk is liable for the proper performance of your holiday contract in accordance with Regulation 15 of the Regulations. lowcostsanfran.co.uk accepts responsibility and will pay you compensation if due to the fault of our employees, agents or suppliers, the Package Holiday is not as described on the website but only if you can show that this has affected the enjoyment of your holiday. lowcostsanfran.co.uk is responsible for any damage caused to you by the failure to perform your holiday contract or the improper performance of the holiday contract unless the failure or the improper performance is due neither to the fault of lowcostsanfran.co.uk(including its employees) nor to that of an agent or supplier of services, because -
- the failures which occur in the performance of the contract are attributable to you;
- such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable; or
- such failures are due to unusual and unforeseeable circumstances beyond the control of lowcostsanfran.co.uk, the consequences of which could not have been avoided even if all due care had been exercised; or an event which lowcostsanfran.co.uk or the agent or supplier of services, even with all due care, could not foresee or forestall.
The liability of lowcostsanfran.co.uk is in all cases other than those involving personal injury, illness or death limited to twice the cost of the Package Holiday that relates to the person or persons affected. The maximum amount will only be paid if you can show that you derived no benefit at all from your Package Holiday.
International Conventions may apply where you travel by aircraft, train, ship or coach as part of your Package Holiday. Should you or any of your party be injured, become ill, die or suffer any losses as a result of or during carriage by aircraft, train, ship or coach the liability of lowcostsanfran.co.uk is limited to the liability of the relevant carrier under the applicable International Convention. A copy of the Conventions that apply is available upon request. Should lowcostsanfran.co.uk make any payment to you or any member of your party as a result of personal injury, illness, death or other losses you agree to fully co-operate with lowcostsanfran.co.uk in seeking recovery of the payment from any third party as required by lowcostsanfran.co.uk.
17. STAR RATINGS
These are our own and are broadly inline with the UK understanding of star ratings and reflect the quality, comfort and facilities of the accommodation. You must not assume that a certain star rating guarantees a specific facility will be present and also our star ratings may differ from official star ratings.
18. BALANCE PAYMENTS
When a deposit only has been paid the balance is due 4 weeks prior
to check-in. The payment due date is shown on the Booking Advice
document. It is the customer's responsibility to ensure this
payment is made on time. The company at its discretion reserves the
right to apply a £20 GBP late payment charge should the outstanding
balance not be settled by the due date.
The company at its discretion may also charge the payment card used for the deposit payment with the remaining balance on or shortly after the due date.
19. TRADING NAME
lowcostsanfran.co.uk is a trading name for Travel Day Limited
