Terms and Conditions
Last updated 2nd June 2021
Please read these terms and conditions (these ‘Terms’) carefully as they
contain important information about your rights and obligations when using this website (the
‘Website’) and in particular clause 11.6 and 11.7. You should print a copy of these terms for future
The Website is owned and operated by Holiday Exclusives Limited (‘we’/’us’/’our’), a limited company
(trading as www.holidayexclusives.com, www.holidayexclusives.com and the Hotel Exclusives APP),
registered in England and Wales under company number: 10383625 having our registered office at Hotel
Exclusives Ltd, 2 Lower Mortlake Road, Richmond, London, TW9 2JA. Our VAT
Number is: 252487101.
1 How these Terms apply
- 1.1 By using the Website, you are agreeing to comply with and be bound by these Terms
regarding the use of the Website in consideration for us allowing you to access and use
the Website. You must not use the Website if you do not agree to comply with and be
bound by these Terms.
- 1.2 Use of the Website includes accessing, browsing or registering for the Website.
- 1.3 We reserve the right to change these Terms at any time. We will take reasonable
steps to make you aware of any changes to the Terms, for example by posting them on the
Website. You agree to be bound by the version of these Terms displayed on the Website at
the time you use it.
- 2.1 You are responsible for making all arrangements necessary for you to have access to
- 2.2 You are responsible for ensuring that all persons who access the Website through
internet connection are aware of these terms, and that they comply with them.
- 2.3 We make reasonable efforts to ensure that the Website is available to view and use
a day throughout each year however, this is not guaranteed. The Website may be
unavailable at any time because of server or systems failure or other technical issues,
reasons that are beyond our control, required updating, maintenance or repair.
- 2.4 Where possible we will try to give you advance warning of maintenance issues but
be obliged to do so.
- 2.5 You will need to register in order to access parts of the Website.
- 3 Registering on this Website
- 3.1 By registering on the Website, you undertake:
- 3.1.1 That all the details you provide to us for the purpose of registering on
the Website are accurate and complete in all respects
- 3.1.2 You will notify us immediately of any changes to the information provided
- 3.1.3 You are over 18 or if under 18 you have a parent or guardian’s
permission to register with the website under their supervision
- 3.1.4 To only use the website using your own username and password
- 3.1.5 To make every effort to keep your password safe
- 3.1.6 Not to disclose your password to anyone
- 3.1.7 To change your password or to tell us immediately upon discovering that it
has been used without your permission
- 3.1.8 To neither transfer or sell your username or password to anyone, nor
permit, either directly or indirectly, anyone other than you to use them
- 3.1.9 To be responsible for all actions taken under your username and password
- 3.2 We reserve the right to suspend or terminate your access to the Website if you
breach your undertakings in this clause.
- 3.3 By providing your email address, you consent to us sending you marketing material.
You are able to unsubscribe at anytime. There is an unsubscribe link at the bottom of
every email. If you wish to unsubscribe, please allow up to 14 working days for this to
4 Intellectual property
- 4.1 In these Terms, Intellectual Property Rights mean copyright (including design
copyrights), trade marks, patent, database and other intellectual property rights and
similar proprietary rights which include, (without limitation), all rights in software,
design, materials, works, techniques, computer programs, source codes, data, technical
information, trading business brand names, goodwill, service marks, the style or
presentation of the goods or services, creations, inventions or improvements upon or
additions to an invention, confidential information, know-how and any research effort
relating to Holiday Exclusives Limited (trading as www.holidayexclusives.com),
moral rights and any similar rights in any country (whether registered or unregistered
and including applications for and the right to apply for them in any part of the
- 4.2 The software code contained in and related to the website and the materials on the
website including text, images, videos, photographs and other materials are protected by
Intellectual Property Rights owned by us and our licensors. You acknowledge that the
Intellectual Property Rights in the Website and any software code used with and material
supplied as part of the Website shall remain with us or our licensors.
- 4.3 Subject to clause 5 you may:
- 4.3.1 retrieve and display materials on the website on a computer screen;
- 4.3.2 download and store in electronic form materials on the website; and
- 4.3.3 copy and print one copy only of materials on the website.
- 4.4 Copying, downloading, storing or printing the materials on the Website for any
than personal use or in accordance with clause 5.2.2 is expressly prohibited.
- 4.5 You agree that you will not (and will not assist or facilitate any third party to)
reproduce, modify, copy, distribute, transmit, publish, display, commercially exploit or
derivative works from any of the materials on the Website.
- 4.6 No licence is granted to you to use any of our trademarks or those of our affiliated
- 4.7 You agree that you will not use our Intellectual Property Rights in any way other
allowed under these Terms and any infringement by you of our Intellectual Property
be a breach of these Terms.
5 Use of the Website
- 5.1 You are permitted to use the Website and the material contained in it only as
authorised by us and in accordance with these Terms as may be amended from time to time
notice to you.
5.2 Provided that you comply with the other provisions of this clause, you may download
one copy only of pages of our website:
- 5.2.1 for your own private use; or
- 5.2.2 to draw attention to the content of our website to members of your
- 5.3 You must not:
- 5.3.1 download or print pages of the Website for commercial use other than use
- 5.3.2 alter the content of any webpage you download or print; or
- 5.3.3 use any images, videos or photographs on the webpage without the
- 5.4 You must:
- 5.4.1 keep intact all and any copyright and proprietary notices accompanying or
attached to the
materials on the Website you download, copy, store or print;
- 5.4.2 acknowledge us as the owners of the content of the Website;
- 5.4.3 Erase any pages of the website or materials on those pages downloaded
other than in
accordance with this clause; and
- 5.4.4 Destroy any pages of the website or materials on those pages printed other
accordance with this clause.
- 5.5 You must not modify, adapt, translate, reverse engineer, decompile or disassemble
or program used by or in connection with the Website. You must contact us to request our
if you wish to take any such action to create an interoperable program and we may
consent if you provide us with the information we request.
- 5.6 We provide access to and use of the website on the basis that we exclude all
representations, warranties and conditions to the maximum extent permitted by law.
- 5.7 We reserve the right to:
5.7.1 Make changes to the information or materials on this website at any time
- 5.7.2 Temporarily or permanently change, suspend or discontinue any aspect of
including the availability of any features, information, database or content or
to parts of or the entire website without notice or liability to you or any
- 5.7.3 Refuse to post material on the website or to remove material already
posted on the website
5.8 You may not use the website for any of the following purposes:
5.8.1 Disseminating any unlawful, harassing, libellous, abusive, threatening,
malicious, harmful, vulgar, obscene, or otherwise objectionable material
- 5.8.2 Stalking, harassing, threatening, blackmailing any person or violating or
the rights of any other person including their right to privacy
- 5.8.3 Transmitting material that encourages conduct that constitutes a criminal
in civil liability or otherwise
- 5.8.4 Breaching any applicable local, national or international laws,
regulations or code of
- 5.8.5 Gaining unauthorised access to other computer systems
- 5.8.6 Interfering with any other person’s use or enjoyment of the website
- 5.8.7 Breaching any laws concerning the use of public telecommunications
- 5.8.8 Interfering with, disrupting or damaging networks or websites connected
to the Website
- 5.8.9 Utilisation of data mining, robots or similar data gathering and
extraction tools to
extract (whether once or many times) for re-utilisation of any substantial parts
of the website
or the contents of the website
- 5.8.10 To transmit, or procure the sending of, any unsolicited or unauthorised
promotional material or any other form of similar solicitation
- 5.8.11 To create and/or publish your own database that features all or
substantial parts of the
website or the contents of the website
- 5.8.12 Making, transmitting or storing electronic copies of materials protected
without the prior permission of the owner
- 5.8.13 Selling or re-selling or using for commercial purposes any of the content
of or access to
the website or using for commercial purposes any of the content of or access to
- 5.8.14 To represent to others that there is any connection between the Website
and your business
or your views and opinions or that we endorse you or anything connected to you
- 5.9 In addition, you must not:
- 5.9.1 Knowingly introduce viruses, Trojans, worms, logic bombs, keystroke
adware or other material which is malicious or technologically harmful to the
- 5.9.2 Impersonate any other person or fraudulently provide us with incorrect
- 5.9.3 Attempt to gain unauthorised access to the website, the server on which
the website is
stored, or any server, computer or database connected to it
- 5.9.4 Attack the website via a denial-of-service attack or a distributed
- 5.9.5 Damage, disrupt or interfere with any part of the Website, any equipment
or network on
which the website is stored, or any software used for the provision of the
- 5.9.6 Remove any copyright notice or notice of any other intellectual property
right from the
website or any materials on the website
5.10 A breach of clause 5.9 or 5.8 may be a criminal offence under the Computer Misuse
We may report any such breach to the relevant law enforcement authorities and disclose
identity to them. In the event of such a breach, your right to use the Website will
6 Suspending or terminating your access
We reserve the right to terminate or suspend your access to the website immediately and without
notice to you if:
6.1 You breach these terms (repeatedly or otherwise)
- 6.2 You are impersonating any other person or entity
- 6.3 When requested by us to do so, you fail to provide us within a reasonable time with
sufficient information to enable us to determine the accuracy and validity of any
supplied by you, or your identity
- 6.4 We suspect you have engaged, or are about to engage, or have in any way been
fraudulent, defamatory or illegal activity on the website
- 7 Reviews
- 7.1 You acknowledge that any review, feedback or rating which you leave may be published by us
on the Website and you agree that it may be displayed for as long as we consider appropriate and
that the content may be syndicated to our other websites, publications or marketing materials.
- 7.2 You will grant us a licence to use, store, copy, make available to third parties, distribute
and publish the content of any review submitted by you.
- 7.3 You undertake that any review, feedback or rating that you write shall:
- 7.3.1 Comply with applicable law in the UK and the law in any country from which they are posted
- 7.3.2 Be factually accurate
- 7.3.3 Contain genuinely held opinions (where applicable)
- 7.3.4 Not contain any material which is either defamatory, threatening, obscene, abusive,
offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or
invade the privacy of, any person or be deceiving
- 7.3.5 Not promote or advocate an unlawful act or activity, discrimination, sexually explicit
material or violence
- 7.3.6 Not infringe any trademark, copyright (including design rights), database right, or other
intellectual property rights of any other person or breach any legal duty you owe to a third
- 7.3.7 Not be used to impersonate any person, or to misrepresent your identity
- 7.4 We are not responsible to any third party for the content or the accuracy of the content
which you have posted or uploaded.
- 7.5 You agree to indemnify and hold us harmless against any claim or action brought by third
parties, arising out of or in connection with any review, feedback or rating posted by you on
the Website, including, without limitation, the violation of their privacy, defamatory
statements or infringement of intellectual property rights.
- 7.6 You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to
use or edit any reviews posted by you.
- 7.7 We reserve the right to publish, edit or remove any reviews without notifying you.
- 7.8 You agree that we may disclose your identity to any third party who claims that content
which you have posted or uploaded infringes their intellectual property rights or right to
privacy or is defamatory.
- 7.9 The views expressed by other users on the website do not represent our views or values.
8 Linking to the Website
- 8.1 You must not create a link to the website from another website, document or any other source
without first obtaining our prior written consent.
- 8.2 Any agreed link must:
- 8.2.1 Be to the website’s homepage and not to any other page on the website
- 8.2.2 Be established from a website or document that is owned by you and does not contain
content that is offensive, controversial, defamatory, infringes any intellectual property rights
or other rights of any other person or does not comply in any way with the law in the UK and the
law in any country from which they are hosted
- 8.2.3 Be provided in such a way that is fair and legal and does not damage our reputation or
take advantage of it
- 8.2.4 Not suggest any form of association, approval or endorsement on our part where none exists
- 8.2.5 Not cause the website or content on the website to be embedded in or ‘framed’ by any other
- 8.2.6 Not cause the content of the website to be displayed differently from the way it appears
on the website
- 8.3 We have no obligation to inform you if the address of the Website home page changes and it
is your responsibility to ensure that any link you provide to our homepage is at all times
- 8.4 We reserve the right to withdraw our consent without notice and without providing any
reasons for withdrawal. Upon receiving such notice you must immediately remove the link and
inform us once this has been done.
9 External links
To provide increased value and convenience to our users, we may provide links to other websites
or resources for you to access at your sole discretion and risk. You acknowledge and agree that,
as you have chosen to enter the linked website we are not responsible for the availability of
such external sites or resources, and do not review or endorse and are not responsible or liable
in any way, whether directly or indirectly, for:
- 9.1 The privacy practices of such websites
- 9.2 The content of such websites, including (without limitation) any advertising, content,
products, goods or other materials or services on or available from such websites or resources
- 9.3 The use which others make of these websites
- 9.4 Any damage, loss or offence caused or alleged to be caused to you, arising from or in
connection with the use of or reliance upon any such advertising, content, products, goods,
materials or services available on and/or purchased by you from such external websites or
- 10.1 The content on the Website is provided for general information only. It is not intended to
be advice on which you should rely. It shall be your responsibility to ensure that any products,
services or information available through the Website meet your specific requirements.
- 10.2 We attempt to ensure that the information available on the Website at any time is accurate.
However, we do not guarantee the accuracy or completeness of material on this Website. We use
all reasonable endeavours to correct errors and omissions as quickly as practicable after
becoming aware or being notified of them. We make no commitment to ensure that such material is
correct or up to date.
- 10.3 The Website is provided on an ‘as is’ and ‘as available’ basis without any representation
or endorsement made and we make no warranties or guarantees, whether express or implied,
statutory or otherwise (unless otherwise expressly stated in these Terms or required by law).
- 0.4 We make no representation or warranty of any kind express or implied statutory or otherwise
regarding the availability of the Website or that it will be timely or error-free, that defects
will be corrected, or that the Website or the server that makes it available are free of viruses
- 10.5 We will not be responsible or liable to you for any loss of content or material uploaded or
transmitted through the Website and we accept no liability of any kind for any loss or damage
from action taken in reliance on material or information contained on the Website.
- 10.6 You are responsible for maintaining appropriate anti-virus software on and appropriately
configuring the technological devices, platform and computer programs you use to access the
Website that are in your control. You must bear the risk associated with the use of the
internet. In particular, we will not be liable for any damage or loss caused by a distributed
denial-of-service attack, any viruses, Trojans, worms, logic bombs, keystroke loggers, spyware,
adware or other material which is malicious or technologically harmful that may infect your
computer, peripheral computer equipment, computer programs, data or other proprietary material
as a result of your use of the Website or you downloading any material posted or sold on the
Website or from any website linked to it.
11 Limitation of liability and indemnity
- 11.1 If you are a consumer, nothing in these Terms affects your legal rights. You can obtain
advice about your legal rights from Citizens Advice if you need to.
- 11.2 We cannot exclude or limit our responsibility to you for:
- 11.2.1 Death or personal injury resulting from our negligence
- 11.2.2 Fraud or fraudulent misrepresentation
- 11.2.3 Action pursuant to section 2(3) of the Consumer Protection Act 1987
- 11.2.4 Any liability, right or remedy which we cannot exclude or limit pursuant to the Consumer
Rights Act 2015
- 11.2.5 Any other matter for which it would be unlawful for us to exclude or attempt to exclude
- 11.3 We will not be liable, in contract or tort (including, without limitation, negligence), or
in respect of pre-contract or other representations (other than fraudulent or negligent
misrepresentations) or otherwise for the below mentioned losses where they have arisen from use
of or inability to use the Website for commercial purposes, or use of or reliance on any
material or content displayed on the Website or on any linked websites for commercial purposes:
- 11.3.1 Any economic losses (including without limitation loss of revenues, profits, contracts,
business or anticipated savings)
- 11.3.2 Any loss of goodwill or reputation
- 11.3.3 Any special or indirect losses
- 11.3.4 Any loss of data
- 11.3.5 Wasted management or office time>
- 11.3.6 Any other loss or damage of any kind
11.4 If you are not a consumer we exclude all liability, including any liability in negligence,
arising from your use or inability to access or use the Website other than that referred to in
11.5 If you are a consumer, we are responsible for foreseeable loss or damage which you suffer
as a result of a breach by us of the Terms or as a result of our failure to act with reasonable
care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if,
at the time the contract was made, both we and you knew it might happen, for example, if you
discussed it with us before using the Website. We are not responsible for unforeseeable losses.
11.6 If you are not a consumer, you agree to fully indemnify, defend and hold us, and our
officers, directors, employees and suppliers, harmless immediately on demand, from and against
all claims, including but not limited to losses (including loss of profit, revenue, goodwill or
reputation), costs and expenses, including reasonable administrative and legal costs, arising
out of any breach of these Terms by you, or any other liabilities arising out of your use of
this Website or any other person accessing the Website using your personal information with your
- 11.7 If you are a consumer you agree to fully reimburse us, our officers, directors, employees
and suppliers for all losses (including loss of profit, revenue, goodwill or reputation), costs
and expenses, including reasonable administrative and legal costs, arising out of any breach of
these Terms by you, or any other act or omission by you in using the Website or by any other
person accessing the Website using your personal information with your authority that results in
any legal responsibility on our part to any third party.
12 Use of personal data
You authorise us to transmit your name, address and other personal information supplied by you
(included updated information) to obtain information from third parties about you, including,
but not limited to, credit reports and so that we may authenticate your identity.
- 13.1 We reserve the right to change the domain address of this Website and any services,
products, product prices, product specifications and availability at any time.
- 13.2 Each of the sub-clauses of these terms should be considered separately. If any of these
Terms are found to be unenforceable, invalid or illegal, the rest of these Terms will continue
to have full effect.
- 13.3 These terms are in English only.
- 13.4 We will not lose our rights under these terms by reason of any delay by us in enforcing
those rights. We will not be bound by any agreement not to enforce our rights under these terms
unless we have agreed not to do so in writing.
- 13.5 Any delay by us in enforcing our right, non-enforcement of our rights or agreement not to
enforce our rights in respect of one breach by you of these Terms will not prevent us from fully
enforcing our rights in respect of any other breach by you of these terms.
14 Governing law and jurisdiction
- 14.1 The Website is controlled and operated in the United Kingdom.
- 14.2 If you are a business, these Terms are governed by the laws of England and Wales and the
courts of England and Wales shall have exclusive jurisdiction over legal proceedings in
connection with your use of the Website, any breach of these Terms and any question in
connection with the interpretation or application of these Terms.
- 14.3 If you are a consumer, these Terms are governed by the laws of England and Wales and you
can bring legal proceedings in the courts of England and Wales. If you live in Scotland you can
bring legal proceedings in either the courts of Scotland or England and Wales. If you live in
Northern Ireland, you can bring legal proceedings in either the courts of Northern Ireland or
England and Wales. If you live in another country in the EU, you can bring legal proceedings in
either the courts of your home country or England and Wale.
15 Holiday Exclusives Limited is strictly an advertising and marketing company. We accept no
liability for any bookings made with any of our advertisers.
- 15.1 All liability for your booking is with relevant operator or advertiser.
- 15.2 We will not incur damages or any costs relating to any failure, bankruptcy,
service issues or any issues in entirety relating to any of our advertisers.
- 15.3 We check our advertisers hold all the relevant ATOL, ABTA and bonding where it is
to their model. However not all holidays shown on our website, APP or other platforms
bonding as they may be related to accommodation or non packaged offerings. Please check
the operator before booking that they hold the relevant bonding.