How we protect you, and us, in accordance with legislation and best practices.
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Terms & Conditions
Last updated: Apr 2024
The following Terms and Conditions apply to all Bookings made on this website. We kindly ask that you take a moment to read them prior to making a Booking.
The Company enters into this Agreement as principal for Bookings made for the Hotels it owns and as agent where a Booking is made for a Hotel that it operates on behalf of the Hotel Owner. The booking confirmation will clearly state the identity of the Hotel Owner.
In these Terms and Conditions, the following definitions apply:
1. Definitions
“Company” or “we” means Clermont Hotel Management Limited (company no SC046004) whose registered office is at c/o Womble Bond Dickinson (UK) LLP, 2 Semple Street, Edinburgh, Scotland, EH3 8BL or its applicable group company.
“Booking” means the booking for accommodation, functions and/or any other services or items made with us.
“Contract” means the Booking and these Terms, and any other terms and conditions stated to apply to the Booking.
“Hotel” means the premises for which your Booking is made.
“Hotel Owner” means the hotel owner specified on the booking confirmation.
“Terms” means these terms and conditions.
“Websites” means https://www.theclermont.co.uk or any other website owned or operated by us relating to a Hotel from time to time.
“VAT” means value added tax.
2. Bookings
All Bookings at the Hotel are subject to these Terms.
At the time of Booking or at check-in, we will take your credit/debit card details and you authorise the use of this card for any sums that become owing to us. We shall also have the right to require full payment in advance or a deposit at the time of Booking in certain circumstances or if the Booking includes the supply of certain items or services. No Booking shall be treated as confirmed until the details and/or payment/deposit described in this paragraph have been provided.
3.Currency Disclaimer
The currency converter is provided for illustration purposes only. It is meant only as an approximate conversion tool based and should not be relied upon for any other purposes. Currency exchange rates used rely on information published by third parties. We do not verify such information and cannot verify the accuracy of any conversion examples. All rates are charged and payable in pounds sterling (GBP).
3. Charges
The prices displayed on the Websites are an average per night per room until a rate is selected. Any meals, service or VAT (at the prevailing rate) are included only if specified. A minimum length of stay, deposit, cancellation charge and other conditions may apply to certain rates, as specified. Once a rate is selected on the Websites, the total for your requested stay shall be displayed on the reservation summary. Prices shall be charged in the local currency of the Hotel and any currency conversion facility is provided as an approximation tool only, please refer to the Currency Disclaimer for more details.
The VAT breakdown shown is indicative based on the prevailing rate of VAT, and the expected VAT treatment of the goods or services. VAT will be payable at the prevailing rate applicable at the tax point of the invoice or Booking confirmation issued and may change depending on the actual rate and the VAT treatment of the goods and services purchased at that date.
Price lists for additional items, such as restaurant meals and room service, are on display at relevant locations within the Hotel and are available on request.
4. Check-in/ Check-out Requirements
In the interests of security and to prevent fraud, at the time of check-in, guests may be required to confirm their identity by providing their booking reference, their passport/identity card/driving licence and a valid credit or debit card. If guests are travelling from outside the UK, Ireland or any country in the Commonwealth we are also obliged by law to require guests to provide the number and place of issue of your passport/identity card and details of their next destination. These records will be kept for at least 12 months and may be disclosed or made available for inspection by any police officer or as otherwise required by applicable law in connection with the prevention or investigation of crime. The information above may be requested for each member of your party over the age of 16 and we reserve the right to refuse entry to persons who cannot provide the information set out above.
Unless otherwise stated on the booking confirmation, guests may check-in at any time from 3 p.m. on the scheduled day of arrival. All rooms that have been secured by credit/debit card or prepaid at the time of booking will be held until 11:59pm on the scheduled day of arrival unless otherwise agreed directly with the Hotel. Any non-secured reservation will be held until 4.00 p.m. on the day of arrival at which time we will be entitled to re-let the room, unless the guest has notified the hotel of a late arrival.
On the day of departure, we kindly ask all guests to vacate their rooms by 11 a.m. (unless a later departure is stated as part of your Booking). Late check-out after this time can be requested subject to availability and will be charged at an hourly rate at the discretion of the Hotel.
Rooms are subject to maximum occupancy rules set by the Hotel. If you would like further details please contact the Company or the Hotel.
5. Payment
We accept the following methods of payment:
(a) credit cards: American Express, MasterCard/Diners International, Diners Club, JCB International Credit Card, Visa;
(b) debit cards: Visa/Delta, Visa/Electron and Maestro.
For advance purchase rates the card you booked with must be presented on arrival, along with the appropriate ID and authorised in the presence of the card holder.
At the time of check-in, we will authorise the accommodation charges (room rate, VAT and any service charge) and anticipated incidentals for the duration of your stay against your credit/debit card. We may also choose to accept a deposit in place of payment card authorisation by another valid form of payment, including cash or cheque.
During your stay the Hotel’s system will calculate the incidentals charged to your room on a daily basis. If the cost of those incidentals exceed the authorisation taken on check-in, further authorisation will automatically be requested and if such authorisation is not available, we may request another method of settlement or a deposit to be provided, failing which we reserve the right to restrict access to your room.
All outstanding charges must be paid for in full on check-out from the Hotel. If the outstanding charges do not exceed the authorisation taken on check-in, the authorisation for the amount not utilised will be released, however, we cannot control how long it takes for your bank to effect such release. If staying for multiple nights at the Hotel we may require you to make payment for any outstanding charges on a more frequent basis during your stay.
6. Cancellation Policy and No Shows
The cancellation policy varies according to the rate that is booked. Please refer to the individual full rate descriptions given at booking.
For rates marked as “Flexible Rate” - These are cancellable without charge up to 2.00 p.m. local time on the date that is one (1) day prior to the date of arrival. Cancellation and non-arrival charges apply after the relevant time and will be charged to the credit/debit card supplied at the time of booking. We reserve the right to charge for one night’s accommodation per room booked if the above cancellation requirements are not met.
For rates marked “Advance Saver” and/or “Pre-pay and save” - We require full prepayment for the entire stay at the time of the Booking and this is non-refundable and the Booking non-changeable. Prepayment is charged to the credit/debit card supplied at the time of the Booking. Cancellation or non-arrival will result in the forfeiture of the prepayment.
7. Changes or Cancellation by the Company
Very occasionally we may need to cancel your Booking. In such circumstances you will be given a full refund but we shall have no further liability to you arising out of such cancellation. We will, however, use reasonable endeavours to try and re-locate any confirmed Booking cancelled by us to an alternative location similar in standard to the Hotel.
Your booking is for a class of room in the Hotel and does not guarantee that you will be able to stay in a specific room or in the same room for the duration of your stay. If we need to move you to a different room during your booking for which a lower rate is available than the rate you booked at, we will refund you the difference in the rates.
8. Damage
We reserve the right and you hereby authorise us to charge your credit or debit card for any damage incurred to your room or the Hotel during your stay (including without limitation specialist cleaning) or for any items that are missing when you leave.
9. Accessibility
Dependent on your individual needs a selection of specifically designed rooms is provided at each of our hotels.
Please contact the Hotel to discuss specific individual requirements and the availability of appropriate accommodation, and we will do our best to accommodate your needs.
10. Leisure
Guests staying in a Hotel with a leisure club may use that club during their stay. A condition of using the facilities is that you must comply with the club’s rules, a copy of which is available at the club reception. Charges may apply for use of some facilities, please enquire at the Hotel for further details.
Persons under 16 years of age must be accompanied by an adult at all times and may use the facilities from opening until 6.00 p.m.. For health and safety reasons persons under 16 are not permitted to use the gymnasium sauna, spa bath or steam room.
At certain times, facilities may become unavailable due to maintenance, adverse weather conditions or other reasons beyond our control. We will attempt to keep all Hotel guests informed of these circumstances however this may not always be possible. If any facility is a significant reason for your choice of Hotel, we would advise you to check directly with the Hotel in advance of arrival.
11. Parking
Where a Hotel has its own car park, there may be a charge and/or limited spaces available and space may not be available for the duration of your stay. Terms and conditions may also apply to car park use. Please contact the Hotel directly for more information. Cars and their contents are left at the owner’s/customer’s own risk. We do not accept responsibility for loss or damage however caused (save as may not be excluded or restricted by applicable law).
12. Hotel Events
Please be aware that at certain times throughout the year some of our Hotels may host weddings, events and parties, which you may feel would be an intrusion on your break. Please contact the Hotel directly in advance of your stay for further information.
13. Guest Behaviour
Guests are requested to conduct themselves appropriately at all times and to comply with Company procedures and/or requests with regard to conduct and respect for the property of the Hotel, its employees and guests and their health and safety. Guests are requested not to disrupt the comfort and enjoyment of other guests, the smooth running of the Hotel, or cause offence to other guests or our members of staff. We reserve the right to refuse accommodation or services or remove you and members of your party from the Hotel if, in our reasonable opinion, we consider this provision to have been breached. Where this is the case shall have no obligation to refund you for lost accommodation, other services or any other loss or expense incurred.
14. No Smoking
Guests are not permitted to smoke in rooms or public areas.
15. Children
Children under the age of 12 years of age can stay free of charge at any of our Hotels when sharing a room with a full-paying adult. All persons under 18 years of age staying at the Hotel must be accompanied and supervised by a responsible adult at all times. If the rate booked includes breakfast: children 5 years of age or younger may dine for free; and one child aged between 6 years and 12 years of age may dine for free with each full-paying adult. A charge of £8 will apply for each additional child.
Children 13 years and over shall pay the full charge for breakfast.
If the rate booked includes other meals, children may choose from the children’s menu where provided.
Cots and extra beds are available in most of our properties. However, these are limited and subject to availability. Additional charges may apply. Please check at the time of booking.
16. Babysitting
A babysitting service is available at some Hotels. We recommend that arrangements are made in advance to avoid disappointment. Your contract will be direct with the babysitting agency and not with the Company. The concierge desk at the Hotel will be able to assist in arranging the babysitting service with our chosen babysitting agency.
17. Pets
Guide dogs are accepted with prior arrangement, and other dogs may be accepted at the Company’s discretion, but otherwise no pets are allowed at the Hotel.
18. Personal Information
Telephone calls may be recorded from time to time to help us improve the service we offer you.
All personal information stored and used by us is done so in accordance with our Privacy Policy and Cookie Policy, which are available on request or on https://www.theclermont.co.uk/legals
When you provide us with personal data about you and your Booking, including any special requests, you consent (on your behalf and on behalf of each member of your group) to us processing such data for the purposes of performing the Booking and providing the requested services to you (and your group).
19. Force Majeure
The Company accepts no liability and will not pay any compensation where the performance of its obligations is prevented or affected directly or indirectly by or as a result of force majeure or any circumstances beyond its reasonable control including, but not limited to, fire, flood, earthquake, extreme adverse weather conditions, natural disasters, pandemics, epidemics, other acts of God, acts of terrorism, fire or failure of electric power, gas, water, or other utility service, plant machinery, computers, vehicles or any collapse of building structures.
20. Limitation of Liability
The Company will not be responsible for the loss or damage of any property left in or sent to the Hotel unless this has been expressly presented for custody in the Hotel’s safe (with a receipt provided) and only to the extent required under the Hotel Proprietors Act 1956 and the London Local Authorities Act 2004 (a copy of the notice under such acts is displayed in the reception of the Hotel) or any other applicable law.
The Company will not be liable for any indirect, consequential or pure economic loss or any loss of profit, goodwill or opportunity (whether caused by the negligence of the Company, its employees, contractor or agents or otherwise). The Company’s total liability shall not exceed the value of the charges received by it under the Contract.
Nothing contained in the Contract or in any other document referred to or incorporated in it shall be read or construed as excluding any liability for death or personal injury caused by the Company’s negligence or liability for fraud or fraudulent misrepresentation.
21. Governing Law and Jurisdiction
The Contract and any non-contractual obligations arising in connection with it are governed by English law.
The English courts have exclusive jurisdiction to determine any dispute arising in connection with the Contract, including disputes relating to any non-contractual obligations.
Each party irrevocably waives any objection which it may now or later have to proceedings being brought in the English courts (on the grounds that the English courts are not a convenient forum or otherwise).
22. Web Site Information
While all reasonable efforts have been taken to ensure the accuracy of information on the Websites, the Company does not accept responsibility for errors or omissions and reserves the right to amend, cancel or vary any of the arrangements featured on the Websites without notice. Please note that in certain circumstances, generic photographic images have been used to represent the general style of a particular product or hotel.
The Websites are operated by the Company. The content of the Websites is the copyright of the Company, and may not be copied, reproduced, published, distributed or amended for any other purpose without our prior written consent.
Trade-marks used on the Websites are the property of the respective owners. Hyperlinks to third party websites are provided for your convenience. We cannot accept responsibility for the content or use of third party sites.
Privacy Policy & CSR
Last updates: 25/03/2024
Summary
We respect your right to privacy and treat any information you give to us with care. This Privacy Policy describes how we collect, use, share, store or otherwise process the information we hold about you. We are committed to ensuring the personal data you provide is used for the purpose it was collected and is kept secure Your personal information allows us to provide the products and services you have asked for, as well as enabling us to improve those products and services by understanding your interests and preferences. By understanding what you like (and what you don’t) we are able to personalise your experience, show relevant adverts and improve your stay.
Who we are
Clermont Hotel Management Limited (“we”, “our”, “us”) is the data controller when you provide information to any of our brands, including: Thistle, Thistle Express, The Clermont Hotel, and Guoman Hotels.
Legal basis for using your information
All organisations need a legal reason to use your personal information, if they don't have one, they can't use it. There are a number of legal grounds that enable data processing. It's quite complicated but below are the most relevant grounds you should be aware of.
With your consent (C)
There are some activities where we process personal information with your consent, which you are able to withdraw at any time, although if you do, we may not be able to provide the product or service you have requested. For example, where we want to send you marketing messages by email, we would ask your permission first and you could opt-out at any time. We will indicate in the Policy where we rely on consent.
To fulfil a contract (A)
We also process your personal information in order to fulfil a contract we have with you. For example, when you book a stay with us, we will process your information to administer that stay.
For a legitimate interest (LI)
Sometimes we may use your information to help achieve our business objectives but only where that activity doesn't negatively affect your rights. For example, we might use your information to analyse occupancy rates of our hotels and adjust room rates.
To comply with legal obligations (LO)
There may be situations where we need to use your information to comply with legal obligations. For example, we are required by law to keep records of who is in our hotels in case there is an emergency, so we can make sure you're safe.
What information do we collect?
When you interact with our products and services, for example, when browsing our website or booking a hotel room, we collect information about you and that particular interaction. Generally, this may include your personal data which means personal details from which you can be identified or are identifiable, for example:
- Contact information, and preferences;
- Information about your use of our hotels, and other services when you stay with us;
- Images of you in areas of our hotels covered by CCTV;
- Conversations you have when you call our reservations or sales teams;
- Information about anyone you’re travelling with or meeting, if that information is provided to us; and Information about the devices you use to interact with us.
- More sensitive information, for example when you tell us about dietary requirements, disabilities, and religious beliefs;
Where you provide us with sensitive details, for example in relation to requirements you may have regarding accessibility to our hotels, we will only hold this information with your express permission. This information is stored securely with restricted access and handled the greatest respect for your privacy. Where you provide information to us about other people, you need to make sure you have their permission to do so or that you can speak on their behalf, for example, in the case of children.
When and how we collect your information
We collect information you provide to us directly and indirectly when interacting with our products and services, including when you stay with us.
This may include when you:
- Book a room online, over email or on the phone;
- Create, use or manage an online account;
- Sign up to our loyalty programmes
- Visit our website or use our apps;
- Fill out our online forms or registration cards;
- Visit our hotels or use our hotel services, like room service or gym and spa facilities;
- Access hotel internet; Use our restaurants;
- Use social media login functionality;
- Interact with us in online forums, by email, text, telephone, or on social media;
- Post reviews of your stay or interaction with us; Complete our market research/customer surveys;
- and Enter competitions or promotions.
Our processors
There may be situations where we use data processors - companies who act on our behalf under contract - to collect your information for us. These processors can only use your information in accordance with our instructions and for the purposes in this Policy. For example, when you make a reservation on this website, your information will be collected by our reservations system.
Our websites and partner websites
We also receive information about you indirectly when you interact with us. For example, when you visit our websites or use our apps the devices you use may provide us with your general location (like which country or region you're in), if you are using ad-blockers, and your IP address. We may also receive information from cookies and other technologies that are on your device or browser. For more information on our use of cookies, please see the section on cookies.
Travel agents and partners
We collect information about you when it is provided to us by third parties. This might include online travel agents, travel websites, and other partners. This could be when you make bookings, review your stay online, or where you interact with anyone who promotes our brands. You should always read the privacy policies of travel companies or other third parties you use, as they will use your information in accordance with their own privacy policies.
When you, or someone on your behalf, make a booking using travel agent, booking platform or other third party to use our services, they may pass us information about your booking, including information about anyone else on that booking. The same would be true where you use a third party to make enquiries about our products or services.
Where you interact with third parties who promote our services for us, these third parties may pass us your information.
When you post comments, reviews, or engage in discussions and polls about our products and services, we may receive this information from the platform you interacted with or from our partners who monitor how our brands are performing.
We may also obtain information about you from our partners and other companies that have your permission to share your information both online and offline, like insight providers.
Sometimes we may want to improve our products and services by getting a better understanding about our customers and their preferences. In these situations we may ask reputable insight providers to provide us information that may identify you. However, this would only be where you have specifically consented to that third party providing your information to us.
Where we do receive information about you from other sources, we may combine it with information we already hold about you and use it in accordance with this Policy.
We may receive updated information about you from organisations that provide services to you. For example, we might be updated if you move home so that we can keep our records up to date or receive updated bank details to ensure that you can continue to use our products and services. Alternatively, we may be updated if your flight is late, so that we can anticipate your arrival more accurately.
How we use your personal information
The reason we use your information will often be obvious from the way you interact with us. For example, if you book a room at one of our hotels, we would use that information to administer your stay with us. However, our uses of your information may not always be so obvious. You can find out more below. When you provide your information to us, we may use it to:
| Use of personal information | Legal basis for processing (where there is more than one, the exact grounds will depend on the activity - see the section above for an explanation of each) |
| Provide you with the products and services you have requested, including administering your booking, responding to any enquiries, complaints or requests you may have | Consent, Legitimate Interest, Contract |
| To manage our relationship with you | Consent, Legitimate Interest, Contract |
| Allow you to participate in loyalty programmes | Consent, Legitimate Interest, Contract |
| Send you market research surveys | Consent, Legitimate Interest |
| Tailor our service to your preferences, where you tell us about them | Consent, Legitimate Interest, Contract |
| Make decisions about what direct marketing to show you based on how you have interacted with us | Legitimate Interest |
| Improve our products and services online and offline, including our websites and apps | Legitimate Interest |
| Allow you to interact with us online and offline, in forums, on social media and elsewhere | Consent, Legitimate Interest, Contract |
| Monitor the use of our products and services and content | Legitimate Interest, Legal Obligation |
| Verify your identity | Legitimate Interest, Contract |
| Conduct analysis, system testing and statistical research | Legitimate Interest, Legal Obligation |
| Comply with legal obligations on us | Legitimate Interest, Legal Obligation |
| Detect ad blockers and other technologies that affect the services we provide | Consent, Legitimate Interest, Contract |
| Manage our hotels efficiency, including regulating the use of utilities, lighting and heating based on occupancy | Legitimate Interest |
| Send you product or service related communications, service messages | Legal Obligation, Consent, Legitimate Interest, Contract |
| Send you direct marketing, where you have consented | Consent, Legitimate Interest |
| Allow social sharing functionality | Consent, Legitimate Interest, Contract |
| Keep guests safe and ensure the security of our hotels | Legal Obligation, Legitimate Interest |
| Conduct data matching and audience insight activities | Legitimate Interest |
| Detect ad blockers | Legitimate Interest |
| Ensure the acceptable use of our services | Legitimate Interest, Legal Obligation |
| Facilitate payments and credit checks | Legal Obligation, Consent, Legitimate Interest, Contract |
| Facilitate the restructuring or sale of all or part of our business | Legal Obligation, Consent, Legitimate Interest, Contract |
| Investigate and respond to disputes | Consent, Legitimate Interest, Contract |
| Provide you with help and support where it may be required. For example, we contact you to provide assistance if you do not complete the booking process or experience technical difficulties, where we have your contact details | Legitimate Interest, Contract |
Further Information on how we use your information
We sometimes use your information for reasons that we think you might want a bit more detail on, so to help we have added more information to these below.
Profiling and preferences
We sometimes make decisions about what your interests are based on the way that you interact with us and the information we hold about you, this is called profiling. For example, if you regularly stay at a particular hotel or frequently choose a specific room or pillow type, then we might use this information improve your experience by pre-selecting certain features of your stay for you, so you don't need to. Understanding your preferences and personalising your experience in this way allows us to deliver the very best service possible.
Do not track signals or browser/device settings
Our websites are not designed to respond to do not track signals or browser/device settings.
Direct marketing
In addition to sending you information about the products and services you use (product communications) and in-life communications while you stay with us, where we have your permission we may send you direct marketing communications about our products, services, events and offers, as well as those of our commercial partners that we think you'll be interested in.
Direct marketing communications may be sent by post, email, telephone, SMS and MMS, through social media (such as Whatsapp, Instagram, Twitter, and Facebook), messages including push notifications to your mobile devices, and via other electronic means such as when you visit our websites or use our apps. This may also include any websites and apps of our partners who are in our advertising networks.
We may send you direct marketing while you have an ongoing relationship with us and for a reasonable time after you have used one of our products or services.
You will be able to opt-out of direct marketing by following the instructions in the communications you receive or changing your device settings. Alternatively, where you have an account with us, you will be able to log-in and change your marketing preferences.
Product related communications and "in-life" updates
We may use your information to send you newsletters, bulletins, and other "in-life" communications (about your stay), and triggered communications where you make changes to your account or other information about products and services you have signed up for.
For example, we may send you email or text messages about an upcoming stay with us in order to help you plan your visit and give you the best experience possible. You'll be able to opt-out of these.
Service communications will be sent to you regarding products and services you interact with. These are important messages relating to the products and services we provide to you.
Data matching and audience insights
Sometimes we may compare our customer database with our commercial customers or partners databases either directly with each other or by using an independent third party. This helps us understand if customers are on both databases, and allows us to plan joint marketing activities, and promotions. Additionally we may match databases for business planning/continuity purposes.
We may use marketing permissions we hold to contact those customers for promotions that relate to data matching exercises.
We will only share personal information for data matching purposes where we have an agreement in place with the commercial customer or partner. This ensures that they comply with their data protection obligations, protect the information we share and limit the use of any shared information.
We may provide commercial customers and partners with information about the effectiveness of campaigns they run and well as the potential reach of future campaigns by providing aggregated reports of customer segments. This is called audience insights and helps us plan promotions and other marketing campaigns. Your personal information is not shared for this activity.
Analysis and product development
We may use your information to improve the products and services we offer. For example, we may look at the preferences our guests have when they stay with us to offer more relevant personalisation to customers.
Detecting ad blockers
When you visit our websites we may check (by using script, code, cookies or other technical means) if you are using ad-blocker or other privacy tools. If we do detect one of these tools, we may ask you or ask your browser to ask you, if you would give us permission to ignore those settings and continue to serve adverts and/or collect your information using cookies and similar technologies.
Information about your device and use of ad blockers may be stored or associated with your device and used to reinsert adverts and to understand how ad blockers and other privacy tools are being used by our visitors.
Linked services, third party sites and content
Our website may, from time to time, contain links to other websites which are outside of our control and are not covered by this Policy. We do not accept any responsibility or liability for other sites' privacy policies. If you access other websites using the links provided, please check their policies before submitting any personal information.
Identity verification
If we provide a service that is dependent on age or residency we have an obligation to verify relevant information. Where relevant we may pass your information to a third party for this purpose.
Payments and credit checks
Your information may be used to take payment for products and services and may be used to verify credit details related to payments.
Disclosures required by law
Your information will be disclosed where we are obliged by law to do so. We may also disclose your information where we are allowed by law to protect or enforce our rights or the rights of others and for the detection and prevention of crimes, such as fraud.
Acceptable usage
If you post or send offensive or inappropriate content anywhere on or to any of our websites or apps, or otherwise engage in disruptive behaviour on any of our websites or apps, we may use the information that is available to us about you to stop such behaviour. This may involve responding to or informing relevant third parties and law enforcement agencies about the content and your behaviour.
Data Transfers
When you complete our registration forms or use our services, we may transfer your information to our processors - companies that carry out activities on our behalf, only on our instructions - outside the UK or European Economic Area (EEA) to countries that may not have data protection rules that provide the same level of protection to your personal information as the UK or countries in the EEA. However, we will only transfer your information if we have appropriate measures in place to ensure the protection of your information in accordance with applicable data protection legislation. (For example, model contract clauses or UK-US Data bridge in the case of the USA).
When you give us information about other individuals, you confirm that you have authority to act for them and have made them aware of the potential transfer of their information outside the UK or EEA.
Training and quality
If you call contact us by phone or on chat the conversation may be recorded and listened to for training and quality purposes.
Social media login
Our websites and apps provide plug-ins to social media websites, including Facebook, Twitter, Instagram, YouTube, Google, Yahoo and LinkedIn.
If you make use of, or log-in to, the social media features on our websites or apps, we may (depending on your privacy settings) access, use and store information about you, including, but not limited to: your name, e-mail address, gender, location, profile, picture, contacts, and any other information you have chosen to make available.
To find out more about the reasons and extent to which social media sites collect and process your data, or to change your privacy settings, please refer to your social media provider's privacy policy.
How we share your personal information
Where you provide your information to us we may share it with our group companies and affiliates, advertising networks and partners, commercial partners (including but not limited to owners of hotel businesses we manage or to whom we have licensed a brand and/or hotel system), and sharing with our suppliers.
What sharing takes place will depend on the activity that your information is being used for. Your information will only be shared and used in accordance with this Policy and where an agreement is in place to ensure that your information is protected. We won't sell your personal information without your consent.
For example, we will share your information with Clermont Hotel Management Limited for administrative purposes such as managing bookings and guest stays, as well as making sure information is accurate, up to date and to enable business planning and continuity.
Sharing with advertising partners
When you visit our websites or apps we may pass information about you and any devices you are using to our advertising network partners to enable them to deliver relevant adverts and tell advertisers that adverts have been delivered and seen.
Sharing with our processors
There may be situations where we use data processors - companies who act on our behalf - to process your information for us. These processors can only use your information in accordance with our instructions and for the purposes in this Policy.
Sharing with commercial partners
We may share your information with third parties for their own purposes, including direct marketing, where we have told you about this and you have given permission. As above, this may include sharing information with owners of hotel businesses we manage and/or to whom we have licensed a brand and/or hotel system
Sale of our business
If we restructure or sell all or part of our business or business operations, we may transfer your information as part of that activity, including, but not limited to, where we transfer or cease to manage (or license the use of a brand at) a hotel. Where this is the case your information will be used in accordance with this Policy unless you are notified otherwise.
Access and Control
Updating your information
Please ensure you keep your information up to date by logging into your account and modifying it. Alternatively, you can tell us when you check-in that your information has changed and we will update it for you.
Controlling direct marketing
You can change your mind about receiving direct marketing from us or change your preferences by logging into your account, if you have one, opting-out in any marketing or product communication you have received from us or emailing us using the contact details below.
Controlling other communications
You can control the communications you receive from us, such as product related communications, by logging into your account, by following the instructions in any relevant communication.
Controlling profiling
If you would like to opt-out of profiling, you can do this in your account preferences or by contacting us using the details below or by updating your preferences in your account, where this feature is available.
Audience Insights
If you would prefer not to have your information used for data matching purposes you can contact us using the details below
Requesting copies of your information
You may request a copy of your personal information which we may hold about you by getting in touch with us using the contact details below. You may also ask us to correct any inaccuracies in your personal information. This right may be restricted by law where disclosing information may result in the personal information of other individuals being disclosed and it would be unreasonable to do so.
Withdrawing consent
Where we may rely on consent to use your information, you have the right to withdraw that consent for that processing activity at any time by logging into your account, if you have one, opting-out in any marketing or product communication you have received from us or emailing us using the contact details below. However, we may have the right to rely on an alternative legal basis for the processing activity so that we are able to provide you with the product or service you have requested and, in that case, will inform you of that.
Requesting copies of data transfer safeguards
If you would like a copy of the applicable data transfer safeguards used when your information is transferred by us outside the UK or EEA to non-adequate countries, please contact us.
Other rights
You may have the right to object, erase, or restrict our processing of your information - for example, where we process your personal information because this is in our legitimate interests, you may object to this. We will carefully consider your request as there may be circumstances which require us to, or allow us to, continue processing your data.
Complaining to the regulator
If you have any comments, concerns or complaints about our uses of your information we would ask that you contact us first, so that we can try and resolve any matter. However, where we are unable to help, you are able to complain to the Information Commissioner’s Office in the United Kingdom or the data protection regulator in your country of residence, who will be able to liaise with the UK Information Commissioner in the UK. Details for the UK Information Commissioner can be found at https://ico.org.uk/
Changes to our Privacy Policy
From time to time we may make changes to this Policy. This might be in relation to changes in the law, best practice, changes to the services we provide or collection and use of your personal information. We will always display clearly when the Policy was last updated and where appropriate, notify you of any relevant changes.
Contact
If you would like to get in touch with us, please contact
By Email: data.protection@clermonthotel.group
By Post: The Data Protection Officer, Clermont Hotel Management Limited, 110 Central Street, London EC1V 8AJ
Cookies Policy
Cookies and similar technologies
Last updated: 14/02/23
Introduction
We use cookies to help improve our websites in a variety of different ways. Including collecting contextual information about your visit to the site to enhance functionality and user experience.
What are cookies?
Cookies are small text files placed on your devices when you visit websites via internet browsers. Our use of cookies is to primarily help enhance your user experience and improve the efficiency of our website. In order to make purchases on our website and for an optimal user experience, you will need to enable cookies.
What cookies do we use?
Essential cookies - These make our websites work. They remember what dates you want to stay with us, what sort of room you want and that you are logged in to your account. They also allow us to collect information about your use of our websites and apps, enabling us to improve the way they work. analytics cookies also allow us to see if there are any technical issues on our websites and if you are experiencing any issues using our websites. They also allow us to look at usage statistics and performance.
We use Google Analytics to help us understand how you use our services. For more information on Google Analytics, please visit Google's website.
Functional cookies - These cookies collect information about the language you have requested the site display content in, remembering your username so you can log-in more quickly, text size, location you are in and generally allow us to customise your experience. Nobody likes having to repeat themselves and these cookies help with that.
Tracking and advertising cookies and similar technologies - We use these types of cookies and similar technologies to provide adverts that we think may be more relevant to your interests. This can be based on your browsing activity and is known as Online Behavioural Advertising or OBA. Cookies are placed on your browser, which remembers what websites you've been to. Advertising based on what you have been viewing is then displayed.
Web beacons and tracking pixels - These technologies help us to count users on a web page, and see if a cookie has been activated. They allow us to see how popular content is and if an email has been delivered to a recipient, opened and links clicked on. We use this information to track how successful campaigns have been.
Flash cookies - Sometimes we may use flash players to deliver special content, such as video clips. This uses Local Shared Objects or flash cookies to remember settings.
Device Fingerprinting- Sometimes we may use a device's browser information to identify that device, conduct analysis, help detect and prevent fraud and present content correctly.
We also use cookies and similar technologies to:
- Allow you access to our websites;
- Permit your internet connection to our websites;
- Allow our servers to record information about your device (such as IP address, browser type, location, hardware and software information;
- Collect unique device identifier (UDID), geo-location and other transactional data to validate free trials when you use a mobile device;
- Assess content usage;
- Provide relevant content;
- Sell third party advertising and enable frequency capping;
Apps
By downloading our apps, we will require access to the following services on your device: UDID, MAC address, or other applicable device identifier and location. Other services may also be required in order for the apps to function. This information may be used to validate credentials and provide push notifications to your devices.
Managing cookies
You can change your cookie settings very easily in your browser settings. However, you need to be careful about restricting the use of cookies, as they may prevent the websites you visit from working as they were intended.
You can also control which companies set cookies on your devices by visiting the following pages. Please note that you will need to turn off any ad blockers or privacy tools to see what cookies are being set:
Internet Advertising Bureau (IAB) Your Online Choices is an industry programme that allows you to control which companies can set cookies and show you advertising. It provides you an easy way of opting out several advertising networks.
The Network Advertising Initiative control page also allows you to control OBA from the advertising networks they represent.
The Digital Advertising Alliance's control page also allows you to control cookies too.
It is important to remember that these schemes use cookies to remember that you have opted-out of cookies being placed on your browsers. If you clear your cache, the opt-outs will be forgotten and you will have to opt-out again.
You can stop web beacons being set, although you cannot decline receiving them in emails. For information about managing these, please visit www.allaboutcookies.org
Changes to our Privacy and Cookie Policy
From time to time we may make changes to this Policy. This might be in relation to changes in the law, best practice, changes to the services we provide or collection and use of your personal information. We will always display clearly when the Policy was last updated and where appropriate, notify you of any relevant changes.
Contact
If you would like to get in touch with us, please contact
By Email: data.protection@clermonthotel.group.
Best Rate Guarantee
Last upated: 14/02/23
Clermont Hotel Management Limited guarantees that Clermont Hotel Management Limited branded websites will have the best room rate for any Clermont Hotel Management Limited branded hotel. For a claim to be valid under this Best Rate Guarantee it must satisfy all of the terms & conditions contained herein and be submitted in compliance with the claim processing procedures set forth below.
- If you find, and advise us of, a lower, publicly-available room rate carrying the same rate conditions (see below) for the same Clermont Hotel Management Limited hotel, for the same brand, hotel, room type and bed type, and for the same dates and number of guests, prior to, or within 24 hours after making a reservation on a Clermont Hotel Management Limited website, we will make your reservation for you honouring the competing rate. The Best Rate Guarantee is not applicable to reservations made within 24 hours of the scheduled arrival.
- The Best Rate Guarantee does not apply to taxes, gratuities or any additional guest charges or other additional fees that may apply on a Clermont Hotel Management Limited website.
Room Types
The Best Rate Guarantee will apply to any of Clermont Hotel Management Limited hotel room type that is the same as a brand, hotel, and room type that can be booked on a competing website. If a Clermont Hotel Management Limited website does not have the same room type available, we will honour the rate for the room type that is displayed on the competing website, provided the claim meets all other Terms and Conditions.
Length of Stay
In the event of a multiple night stay, we will compare the total cost of the stay at the rate published on a Clermont Hotel Management Limited website with the total cost of the stay on the competitor website. Only one Best Rate Guarantee reward will apply per stay.
Multiple claims for a stay consisting of two or more consecutive nights at the same hotel will be treated as one claim for one stay and the Best Rate Guarantee will be applied to that one stay.
Rate Conditions
The Best Rate Guarantee applies to a lower rate displayed on a competing website with conditions that are the same as the rate conditions of the rate displayed on a Clermont Hotel Management Limited website. Rate conditions include, but are not limited to, advance purchase requirements, prepayments, deposit requirements and cancellation and change policies.
If there is no rate available on a Clermont Hotel Management Limited website that has the same rate rules to that of the competitor rate, and the competitor rate is lower than any available rate on a Clermont Hotel Management Limited website, we may, at our discretion, offer the rate displayed on the competing website with the applicable Clermont Hotel Management Limited conditions, room type, room features and amenities, provided the claim meets all other Terms and Conditions.
We reserve the right to deny a claim where the rate displayed on the competing website is equal to the rate displayed on a Clermont Hotel Management Limited website, and the rate conditions are the same, or where the rate displayed on the competing website has more restrictive rate conditions than that available on a Clermont Hotel Management Limited website.
Pre-paid Rates
In the case of a fully prepaid rate booked through a Clermont Hotel Management Limited website, the difference will be refunded to your credit card, if applicable, 7-10 days of submitting your claim. If a pre-paid reservation is booked through a competing provider, we accept no responsibility for any fees associated with the cancellation of that reservation.
Currencies
In the event that the competing website displays the rate in a different currency from a Clermont Hotel Management Limited website rates, which are always charged in pounds sterling (GBP), we will convert the competitor’s rate into pounds sterling (GBP). The currency exchange rate applied will be based on the exchange rate used by us at the time of handling your claim. After converting the competitor’s rate, we reserve the right to deny a claim where the competitor’s rate appears lower than that on a Clermont Hotel Management Limited website due to the difference between the exchange rates used.
Unpublished Rates
The Best Rate Guarantee does not apply to unpublished rates (rates that are not publicly available). Rates not available to the general public include, but are not limited to:
- Corporate discount rates
- Group rates
- Meeting delegate rates
- Any rates requiring membership in a club or programme or other organisation where the rates are targeted toward a specific group of individuals and not intended for the general public
- Direct mail solicitations
- Electronic mail solicitations
- Any rates requiring a promotional campaign code
Opaque Providers
The Best Rate Guarantee does not apply to any rates from opaque providers including, but not limited to, Lastminute.com, Priceline.com and Hotwire.com. An opaque provider is any provider that prevents the buyer from identifying the hotel until after the buyer has made a reservation and guaranteed payment. A site is opaque if it does not divulge any of the following information before booking: (a) the name of the hotel, (b) the precise location of the hotel, (c) the identity or brand of the hotel and (d) other specific information that may make it possible for the buyer to identify the hotel (e.g. hotel photographs, specific names of hotel food and beverage outlets).
Packaged Rates
The Best Rate Guarantee does not apply to packaged rates. Packaged rates include: (a) hotel rooms sold as part of a travel package, where the hotel does not provide the extra service. Extra services include but are not limited to hotel rooms plus airfares, car rental or cruises; and (b) hotel rooms sold with value added amenities, including, but not limited to, free breakfast and hotel parking.
Denied Claims
If, for any reason, following receipt of confirmation of a valid claim and creation of a Best Rate Guarantee reservation, the hotel does not honour the Best Rate Guarantee rate, you can contact the Customer Service Department at stay@theclermont.co.uk within 15 days of the conclusion of your stay. The Customer Service Department will investigate the denied Best Rate Guarantee rate and will arrange reimbursement of the difference between the room rate charged and the confirmed Best Rate Guarantee rate, provided the room rate charged is higher than the confirmed Best Rate Guarantee rate.
Additional Terms
We reserve the right to amend, revise, supplement, suspend or discontinue the Best Rate Guarantee at any time in our sole discretion and without prior notice.
Meeting & Events
Last Updated: 14/02/23
The Company is the owner of the Hotel and enters into this Contract through CHM, who acts as managing agent on behalf of the Company in the operation and running of the Hotel. Where there is any conflict between these Terms & Conditions and the Confirmation, the Confirmation shall prevail.
Definitions
In these Terms & Conditions the following definitions apply:
“Booking” means the booking for the Function and/or any other services or items made with Us as set out in the Confirmation.
“Cancellation Charge” has the meaning as set out in clause 6 of these Terms and Conditions.
“CHM” means Clermont Hotel Management Limited (company no SC046004) whose registered office is at c/o Womble Bond Dickinson (UK) LLP, 2 Semple Street, Edinburgh, Scotland, EH3 8BL or another member of its group who acts as managing agent for the Hotel on behalf of Company.
“Company”, “Us” or “We” means the owner of the Hotel for which the Booking is made, full details of which are available on request.
“Confirmation” means the booking confirmation email confirmation stating that Your Booking is confirmed which will state the Function timings, selected room, seating layout, any food or beverages or other services included
“Contract” means the Confirmation and the Terms & Conditions, and any other terms and conditions stated to apply to the Booking from time to time.
“Force Majeure Event” means any circumstance beyond a party’s reasonable control including, but not limited to, fire, flood, earthquake, extreme adverse weather, natural disasters, pandemics, epidemics, other acts of God, acts of terrorism, failure of electric power, gas, water or other utility service, plant, machinery, computers, vehicles or any collapse of buildings or structures.
“Function” means any meeting, event or function.
“Hotel” means the premises for which Your Booking is made.
“Terms and Conditions” means these Meetings & Events Terms and Conditions.
“Websites” means www.clermonthotel.group, www.theclermont.co.uk, www.thistle.com, or any other website owned or operated by CHM relating to a Hotel from time to time.
“VAT” means value added tax.
Bookings & Confirmation
All Bookings are subject to these Terms & Conditions. All Booking requests are provisional until a Confirmation is provided to You. Until a Confirmation is provided to You the Company shall have no obligation to You and may offer the Function room(s) to other customers.
Without affecting the above, unless otherwise agreed with Us in advance in writing, any Confirmation provided shall be conditional on receipt of payment of 100% of the agreed Function charges; We may release a Booking, without further notice to You, if We do not receive full prepayment of the agreed charges.
Charges
The charges payable to the Company are set out in the Confirmation and are based on the agreed rate(s), room(s) booked and anticipated Function guest numbers. Any additional services, rooms, refreshments or meals are included only if specified. Additional services, food or and refreshments may be provided and additional attendees permitted on request, subject to availability; additional charges will apply.
Payment
4.1 Payment Method
We accept the following methods of payment:
(a) Credit cards: American Express, MasterCard/Diners International, Diners Club, JCB International Credit Card, Visa;
(b) Debit cards: Visa/Delta, Visa/Electron and Maestro; or
(c) BACs transfer: if stated in the Confirmation, by transfer of cleared funds to the payee specified in the Confirmation (if any).
4.1.2. Payment Methods
Unless otherwise agreed with Us in advance in writing, payment in full of 100% of the anticipated Function charges is required either:
(a) at the time of booking;
(b) no later than 48 hours after booking by following the instructions included in the Confirmation; or
(c) where fewer than 48 hours remain between the time of booking and the date of the Function, no later than 24 hours prior to the date of the Function by following the instructions included in the Confirmation.
4.1.3 Additional Spend
We may require details of Your credit/debit card to cover any additional or incidental amounts that become due under this Contract. You authorise Our use of this card for such purpose.
Payment
4.1.4 Payment of cancellation charges
Where a cancellation to the Booking occurs, the provisions of Clause 6 (Changes or cancellation by You) shall apply to the payment of any Cancellation Charges.
Guest & Numbers
Maximum number of guests
If the actual number of guests attending a Function exceeds the number of guests stated in the Confirmation, additional charges may be due. We may also be unable to accommodate the additional guests for operational, legal and/or health and safety reasons. In such circumstances, We will have the option to:
(a) move the Function to a different location at the Hotel;
(b) reallocate the Booking to a different hotel;
(c) refuse entry once capacity is reached; or
(d) charge additional Function charges.
Cancellations by You
You must notify the Company in writing of any cancellation, variation, or reduction to the Booking (a “Cancellation”) at least 2 clear days prior to the Function start date. Unless otherwise agreed by Us in writing, Cancellations or no-shows within such period are subject to a cancellation charge (“Cancellation Charge”) of 100% of the agreed Function charges.
Any notice of Cancellation shall take effect from the date of receipt in writing by the Company.
We shall have the right, but not the obligation, to re-market and resell the cancelled elements of the Booking. We will reduce the Cancellation Charges accordingly to the extent that We recover lost revenue from the re-sale of the Cancelled elements to another client. We will confirm a reduction in the Cancellation Charges (if any) to You after the intended Function start date.
In addition to the Cancellation Charges, You agree to promptly reimburse Us for any and all expenditure incurred in respect of the Booking, including but not limited to costs, charges or cancellation fees as a result of the subsequent cancellation by Us of any of Our own or pre-booked third party services. Without prejudice to the foregoing, where 2 clear days’ notice (or more) is given of a Cancellation We will refund to You and amounts paid in advance less any deductions expressly permitted under the terms of this Contract.
Following a Cancellation of a Booking, the Company reserves the right to set-off any sums received from You against any Cancellation Charge.
Cancellations or Changes by the Company
We may acting reasonably need to move Your meeting room/event space to another suitable room/location nearby of a reasonably similar standard to the Hotel if:
(a) there is a reasonable operational, legal or health & safety reason for Us to do so or information provided to Us regarding the nature of the Function is inaccurate or misleading; and/or
(b) this is reasonably required by Us following the occurrence of a Force Majeure Event or any circumstances beyond Our reasonable control. .
We also reserve the right to cancel Your Booking if:
(a) in Our reasonable opinion, the Booking may be prejudicial to the reputation of CHM, the Company or the Hotel, the effective operation or safety of the Hotel or if information provided to Us regarding the nature of the Function is inaccurate or misleading;
(b) We become aware of an adverse change in Your financial status and We reasonably consider that You may not be able to meet Your payment obligations under the Contract; there is, (acting reasonably) a reasonable operational reason for Us to do so;
(d) this is reasonably required by Us (in consultation with You) following the occurrence of a Force Majeure Event or any circumstances beyond our reasonable control; and/or
(e) once a Booking is confirmed, You fail to pay any sums due under this Contract by the due date
Damage
You will keep in place adequate insurance, with a reputable insurer, to cover any such loss and/or damage.
Accessibility
Please contact the Hotel to discuss specific individual requirements and the availability of appropriate accommodation, and We will do Our best to accommodate each guest’s needs.
Parking
Where a Hotel has its own car park, there may be a charge and/or limited spaces available and space may not be guaranteed for the duration of the Booking. Terms and conditions may also apply to car park use. Please contact the Hotel directly for more information. Cars and their contents are left at the owner’s/customer’s own risk. We do not accept responsibility for loss or damage (save as may not be excluded or restricted by applicable law).
Guest Behaviour
All visitors, external contractors and guests of the Hotel are requested to conduct themselves appropriately at all times and to comply with Company procedures and/or requests with regard to conduct and respect for the property of the Hotel, its employees and guests and their health and safety.
All visitors, external contractors and guests are requested not to disrupt the comfort and enjoyment of other guests, the smooth running of the Hotel, or cause offence to other guests or Our members of staff.
We reserve the right to refuse services or remove You and members of Your party from the Hotel if, in Our reasonable opinion, We consider this provision to have been breached. Where this is the case, We shall have no obligation to refund You or any member of Your party or guest for lost accommodation, other services or any other loss or expense incurred. You shall indemnify and hold the Company and CHM harmless (together with their respective employees, agents and affiliates ) from any and all losses, costs (including reasonable legal expenses), claims, liability, damages or fines incurred or suffered by them arising out of or in connection with a breach of clauses 8 and 11.
Finishing times
The Function shall end at the time agreed between Us and You. Any extension to this time is subject to the sole discretion of the Company and may be subject to an additional charge and any applicable licensing laws.
Engagement of External Contractors
You must notify the Hotel at least twenty-eight (28) days prior to the Function start date of any third party contractors, suppliers or entertainment that may require access to the Function space (in advance or on the date of the Function). The Company reserves the right to charge additional fees for advance access to the Function facilities.
Any such third parties must comply with the Hotel’s health and safety and other policies (available on request) and maintain an appropriate level of public liability insurance and any other insurances normally maintained by a contractor, supplier or entertainer of that nature (proof of such insurance being in effect will be required by the Hotel).
We reserve the right to refuse access or eject any persons whose behaviour We reasonably consider to be objectionable (including any person engaged by You to provide external catering services, production, entertainment or perform any other duties at the Function).
Notwithstanding any other provision of this Contract neither the Company nor the Hotel accepts any liability for the acts or omissions of such third parties (even if such person is on an approved contractor list made available to You by the Hotel).
No Smoking
Guests are not permitted to smoke in rooms or public areas.
Personal Information
All personal information stored and used by Us is done so in accordance with our Privacy Policy and Cookie Policy, which are available on request or on Our Websites. Where guest information is provided by You, You warrant and represent to Us that You have the received the permission of the guest to disclose this information to Us. You agree to comply with the provisions of the Data Protection Act 2018 and/or the General Data Protection Regulation (as applicable) at all times when processing personally identifiable information on guests in connection with this Contract.
Commission
Where a Booking is made through an agent, the Company may pay commission in accordance with the Company's commission policy (available on request) on a percentage of the net pre-booked revenues of the Booking as agreed in writing in advance between the agent and the Company or as indicated in the Confirmation.
Payment of the commission will typically be made in a single payment within thirty (30) days of receipt of an undisputed invoice from the agent following completion of the Function.
Please note that the Company may from time to time run a booker bonus incentive programme through which certain incentives and promotions are made available. You, or Your third party booker, agent or employee may be invited to take part in such programmes from time to time. Please speak to Your Company contact directly for further information.
Advertising
You shall not use the Company’s (or CHM’s or their respective affiliates’) name, logo or telephone number in any form of advertisement or publicity without Our prior written agreement.
Force Majeure
Neither party accepts any liability nor will either party pay any compensation where the performance of its obligations is made illegal, impossible or impracticable by, or as a result of, any Force Majeure Event. The party affected by a Force Majeure Event shall promptly notify the other party and shall use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
Where We are unable to host the Booking at the agreed or similar venue due to a Force Majeure Event We will provide reasonable assistance to You to locate another suitable venue (subject to availability and at no cost to Us). No further charges will be due, We will refund any charges prepaid by You in connection with the Booking and We (and/or any affiliate) shall have no further liability.
Where We are able to host the Booking, but a Force Majeure Event renders travel to the Hotel illegal, impossible or impracticable for more than 50% of the intended attendees and You notify Us not less than seven (7) days in advance:
1. You shall be entitled to re-schedule the Booking to such other date within 12 months of the end of the Force Majeure Event as may be agreed between You and Us, subject to availability; and
2. Should the Hotel be unable to accommodate the revised booking, You shall be entitled to cancel the Booking. No further charges will be due, We will refund any Deposit or charges prepaid by You in connection with the Booking and We (and/or any Group Company or Hotel Owner) shall have no further liability; provided that in each case:
- a) We shall be entitled to charge You for any irrecoverable costs incurred by the Hotel in connection with the Booking (including but not limited to any pre-booked food and beverage, extras and/or additional staffing and
- b) You give Us as much notice as is reasonably possible of the Force Majeure Event.
Limitation of Liability
Neither the Company CHM nor any of their respective affiliates will be responsible for the loss or damage of any property left in or sent to the Hotel unless this has been expressly presented for custody in the Hotel’s safe (with a receipt provided) and only to the extent required under the Hotel Proprietors Act 1956 and the London Local Authorities Act 2004 (a copy of the notice under such acts is displayed in the reception of the Hotel) or any other applicable law.
Neither the Company, CHM nor any of their respective affiliates, will be liable for any indirect, consequential or pure economic loss or any loss of profit, goodwill or opportunity (whether caused by the negligence of the Company, CHM, their respective employees, contractors, agents or otherwise). The Company’s total liability shall not exceed the value of the charges received by it under the Contract. CHM acts in relation to this Contract as managing agent for the Company and provides no guarantee and accepts no liability in connection with the Contract and the Booking.
Nothing contained in the Contract or in any other document referred to or incorporated in it shall be read or construed as excluding any liability for death or personal injury caused by the Company’s or CHM’s negligence or liabili ty for fraud or fraudulent misrepresentation.
Other
This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
This Contract may only be varied or amended by written agreement signed by Our authorised representatives.
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
Except where expressly provided to the contrary, none of the terms of this Contract are intended to be enforceable by any third party nor is it intended that this Contract will confer any right on any person pursuant to the Contracts (Rights of Third Parties) Act 1999. Each Company shall be entitled to the benefit of this Contract to the extent it relates to the Hotel of which it is owner.
This Contract and any non-contractual obligations arising in connection with it are governed by English law.
The English courts have exclusive jurisdiction to determine any dispute arising in connection with the Contract, including disputes relating to any non-contractual obligations. Each party irrevocably waives any objection which it may now or later have to proceedings being brought in the English courts (on the grounds that the English courts are not a convenient forum or otherwise).
