Definitions In this User Agreement:
“You” or “Your” means (a) any person using the Website and (b) if different the individual whose card is used to pay for or secure (wholly or partly) the Product or the Property;
“affiliate” means any person, company or undertaking which has appointed Castle Moda Limited as a consultant, is a consultant to Castle Moda Limited or a consultant to such consultant.
“Booking Engine” means the online booking engine contained on the Website;
“Cookies” means a small text files placed on Your computer, tablet or mobile device by websites
“Guests” means the person(s) who use the Product in accordance with Your booking and this User Agreement;
“Product” means accommodation
“Property” means the property which you book through the Booking Engine for the purposes of your accommodation
“User Agreement” means these terms and conditions;
“Vendor” means the company or individual who manages the Property/Product;
“We”, “Us” and “Our” means Castle Moda Limited (Trading as HPCPORTAL)
“Website” means www.hpcportal.com
1. User Agreement
1.1 By using the Website and the Booking Engine, You are agreeing to the following terms and conditions of use without modification or revision
1.2 You acknowledge that:
1.2.1 ,When You book a Product bookings are made between You and the Vendor. We are not a party to that arrangement; the purpose of this Website and the Booking Engine is simply to make it more straightforward for You to make such arrangements;
1.2.2 The terms and conditions on which Guests will a) make their booking and b) stay at or visit any Property shall be governed by this User Agreement and the Vendor terms/profile/ pages on the Website .
1.3 We may amend, revise or update the terms and conditions of this User Agreement(and any Vendor may amend, revise or update its terms/profile/pages on the Website) at any time and without prior notice to You and the most up to date version of each from time to time will appear on the Website. Therefore, You should carefully review the terms and conditions of this User Agreement and the Vendor terms/profile/pages on the Website each time You use Our Website or Booking Engine. If the terms and conditions of this User Agreement and or the Vendor terms/profile/pages on the Website are not acceptable to You, You should not use Our Website or Booking Engine.
2. Payment and confirmation
2.1 We have two payment models: immediate and deferred, depending on the Vendor/Property. In both cases, credit/debit card details must be provided in order to make a booking: these details are held securely according to good industry practice. The two models are:
2.1.1: Immediate. Payment is taken at the time of booking and You should receive immediate booking confirmation by email.
2.1.2: Deferred. Payment is deferred until check-in/checkout from the accommodation.
2.2 Your confirmation email qualifies as an official receipt and no additional invoice or receipt will be issued to You.
2.3 If You receive an error message during payment, or if no confirmation has been received within 5 minutes, please check Your junk mail and internet connection. If You still haven’t received the email, please add contact@hpcportal.com as a safe sender then contact Us about Your booking and before attempting additional bookings.
3. Cancellations and amendments
3.1 Cancellation and amendment terms vary by Vendor and are explained on the Vendor profile, and on Your booking confirmation email. The terms are set by the Vendor to reflect their costs in terms of reduced probability of the room being filled and any room servicing costs incurred or food purchased in preparation for guests’ visits.
3.2 All cancellations and amendments must be confirmed through Your login to the Website.
3.3 Notwithstanding the variable terms set out in clause 2.1 above, the cut-off time for all cancellations is 23.59 GMT on the day before arrival. The cut-off time for amendments may vary between vendors: please make Your amendment as early as possible to avoid the risk of having passed the cut-off time.
3.4 Amendments involving no reduction in the total price of the booking will not incur a fee, subject to availability. You may be able to make an amendment involving a reduction in the total price of the booking, in which case a fee relating to the difference between the original value and the amended value may apply. However please note that the amendment can only be made at the same property as the original booking and can only be made where future availability exists: otherwise a cancellation is required. Amendments involving anything other than changing the names of guests cannot be made to bookings where You have selected a non-refundable rate.
3.5 Your bank may charge currency conversion or international payment fees. We will not be liable for these fees.
3.6 The Vendor reserves the right to cancel Your booking: this may be because of a situation beyond their control, insufficient availability, an error with their prices, or a decision that the nature of Your group may not be in keeping with their requirements. In this case, You will receive a full refund for Your booking. Any offer to relocate You to different accommodation or travel-related compensation will be at the discretion of the Vendor.
4. Your satisfaction
4.1 Every Vendor will do their best to ensure that Guests’ experiences are as enjoyable as possible. For example in the case of booking accommodation, It should be emphasised that some bed and breakfast accommodation may not meet hotel standards by way of comfort or facilities.
4.2 The photographs on the Website are only examples, and no guarantee can be made that Guests will be in the same rooms or places as those photographed.
4.3 If Guests have a query or complaint it should be directed to the Vendor’s staff. Only in very exceptional circumstances may a refund be made and then only at the absolute discretion of the Vendor
5. Meals
Breakfast, lunch and dinner (where available) may be served or self-served: see Vendor information for details.
6. Disabled access
If Guests require disabled access You should specify this on the booking form. See the Vendor pages on the Website for information as to whether they have any disabled access. Some Vendors with disabled access may not be able to meet Guests’ needs.
7. Fire Regulations and Health and Safety
7.1 Guests are required to familiarise themselves with, and comply with, all fire regulations, evacuation procedures and health and safety requirements at the property where they are staying or visiting.
8. Arrival and Departure
Guests should check the Vendor’s arrival and departure instructions and timings in the information provided on the Vendor profile on the Website. On arrival, guests should report to the reception where they will be given a key and directed to their room(s).
9. Missing items, damage or theft
As the individual making the booking, You are responsible for every person whom You are booking on behalf of. If, at any time during Your stay or visit, or subsequent to departure, there is discovered damage to or theft attributable to You, You will be liable for the costs of repair or replacement. A charge will be made to Your credit/debit card, or if that fails, You will be required to make a payment direct to the Vendor. A receipt will be emailed to You.
If You leave an item in Your room or lose an item elsewhere at the Property, please contact the Vendor directly to try to locate it. Please note that, whilst the Vendor should do everything they can to help You, they cannot be held responsible for lost items.
10. Vendor Rules and staff
Please ensure that You have fully read and understood the Vendor’s page(s) on Our Website before making Your booking, as it may contain specific rules and requirements that You need to be aware of, which are deemed a part of these Terms and Conditions.
Guests must adhere to the Vendor’s standards concerning use of internet, smoking, noise, and disturbance. If Vendor rules are broken or the behaviour of guests is deemed sufficiently unruly, the Vendor retains the right to remove guests from the premises (in which case no refund will be made) and/or levy a surcharge on the price of Your rooms.
11. Animals
Except where stated otherwise on the Vendor page on the Website, no animals are allowed on Vendor premises/on the Property with the exception of guide dogs.
12. Limited Right to Use of Website Material
12.1 Subject to the terms and conditions set forth in this User Agreement, We hereby grant to You a non-exclusive, limited, non-transferable and revocable licence (which may not be sub licenced) by You to view, print and download content from Our Website and Booking Engine solely for Your personal and non-commercial use, and solely for purposes of enabling You to make Product bookings offered through Our Website or Booking Engine.
12.2 You agree not to republish, distribute, assign, modify, transmit, display, reproduce, licence, create derivative works from, transfer or sell any content or other materials obtained or obtainable on or through Our Website or Booking Engine.
13. Ownership, Copyright and Trademark Notices
13.1 The Website and the Booking Engine and their content are owned by Us, Our licensors or both (as applicable). We and Our licensors reserve all of Our and their rights in them. This means, for example, that We and they remain owners of them and free to use them as We and they see fit.
13.2 The content and other matters related to Our Website and to Our Booking Engine are protected under applicable laws relating to intellectual property rights, including but not limited to copyright and trademark laws. The copying, redistribution, use or publication by You of any such matters or any part of Our Website or Booking Engine, except as allowed under this User Agreement, is strictly prohibited.
14. Liability disclaimer and limits
14.1 The content or other materials published on this Website and/or in the Booking Engine may include inaccuracies or typographical errors. The content or other materials may be changed or updated periodically. We, and any of Our affiliates may, but shall not be required to, make any changes to Our Website or Booking Engine at any time without prior written notice to You.
14.2 Neither We nor any of Our affiliates make any representation or warranty about the suitability of the content contained on Our Website or the Booking Engine for any purpose whatsoever, and the inclusion or offering for sale or rent of any accommodation, or other products or
services, on or through Our Website or the Booking Engine shall not constitute any warranty, endorsement or recommendation of such products or services by Us or Our affiliates. All such content is provided “as available,” without any warranty of any kind whatsoever and We and Our affiliates hereby disclaim all warranties and conditions with regard to such content and all products and services available through Our Website or Booking Engine, to the fullest extent permitted by law.
14.3 Our Website and/or Booking Engine may contain bugs, errors, problems or other limitations.
14.4 The suppliers, including the Vendors, providing products and services through Our Website or Booking Engine are independent contractors and are not Our partners or Our affiliates or agents. Neither We nor Our affiliates are liable for the acts, errors, omissions, representations, warranties, breaches or negligence whatsoever of any such suppliers or (subject to 15.5 below) for any personal injuries, death, property damage or other damages or expenses resulting therefrom.
14.5 Nothing in this User Agreement excludes or limits any liability which We may not lawfully exclude, including but not limited to fraud and personal injury or death caused by Our negligence or by that of Our employees or agents.
14.6 From time to time, access to Our Website or Booking Engine (or any portion thereof) may be suspended without prior notice.
14.7 You agree that We and Our affiliates will have no liability and will not be obligated to make any refund and shall otherwise not be responsible in the event of any:-
14.7.1 delay, cancellation, Vendor or Property closure or liquidation, overbooking or misquoted rates beyond Our reasonable control; or
14.7.2 strike, riots, floods, acts of god, security breach, false transmissions, pranks, hoaxes, technological failure,or any other cause beyond Our or Our affiliates’ reasonable control, and further that neither We nor Our affiliates shall have any responsibility for any additional expense resulting from any such acts or events or from acts of any government or authority.
14.8 In no event shall We or any of Our affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the use of Our Website or Booking Engine or the delay or inability to use Our Website or Booking Engine, or for any content or products or services (including but not limited to accommodation) obtained through Our Website or Booking Engine, or otherwise arising out of the use of Our Website or Booking Engine, whether based on contract, tort, strict liability, or otherwise, even if We or Our affiliates have been advised of the possibility of damages, except where under the applicable law We may not lawfully exclude such liability under.
15. No Unlawful or Prohibited Use
15.1 As a condition of Your use of Our Website and/or Booking Engine, You agree that You will not use Our Website or Booking Engine for any purpose that is unlawful or prohibited by, or inconsistent with, this User Agreement.
15.2 You represent and warrant that You are at least 18 years old and possesses the legal authority to enter into this User Agreement and to use Our Website and Booking Engine in accordance with the terms and
conditions of this User Agreement and that all of the information you provide to any Vendor and or to Us in connection with your request for access to the Website and Booking Engine or a request to book accommodation or any other service is true and accurate.
15.3 You may only use Our Website and the Booking Engine to make legitimate reservations or purchases and not for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand.
15.4 You must not to do anything which may in any way impair or circumvent the security or functionality of the Website ot the Booking Engine or permit anyone else to do so
15.5 You may not share any Website password(s) issued to You by Us or other security credentials with any other person or persons, and responsibility for the security of any such password(s) or credentials rests with You
15.6 You must Inform Us immediately if you suspect that the security of Our Website or Booking Engine access credentials (including but not limited to your password and or user ID) have been compromised in any way or used by a third party.
15.7 You must not (and not to permit any third party to) copy, disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website or the Booking Engine nor attempt to do any such things
16. Use Of Information
16.1 Other than personally identifiable information (which is covered under Our Privacy Notice), any material You transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
16.2 We reserve the right, and You authorize Us and our affiliates, to
use and exchange or share all information provided by You as referred to in 16.1 above, in any manner consistent with our Privacy Notice.
17. Content
Some of the content that refers to places to visit, places to stay, tours, and other services is supplied by third party suppliers that are not under Our control. We do not independently verify, and do not guarantee, the accuracy of the information that We receive from such third parties. All information, prices and availability are subject to change without notice.
18. Links To Other Websites
Our Website and Booking Engine may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to You or Your companions. We are not responsible for the accuracy of opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Us. Inclusion of any linked website on Our Website or Booking Engine does not imply or constitute approval or endorsement of the linked website by Us. If You decide to leave Our Website or Booking Engine to access these third party sites, You do so at Your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to You while on such sites. We are not responsible for information provided by You to third parties.
19. Indemnification
You agree to indemnify, defend and hold Us and Our affiliates, and any of Our or Our affiliates’ officers, directors, employees, agents, successors and assigns, harmless from and against any liability, claim, loss, expense, cause of action or demand, including without limitation reasonable legal and accounting fees arising directly or indirectly in connection with any breach by You of any term, condition, representation, warranty or covenant contained herein or otherwise resulting from Your use of Our Website or Booking Engine.
20. Contract Information
20.1 No contract will exist under this User Agreement for the reservation of any Product at the Property unless and until We confirm Your reservation by email.
20.2 Acceptance will be deemed complete and will be deemed to be effectively communicated to You for all purposes, at the time that We send the email to You whether or not You receive the email.
21. Miscellaneous
21.1 This User Agreement (and any other terms and conditions referenced herein) constitutes the entire and only agreement between Us and You, and supercedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to Our Website or the Booking Engine or, the content thereof, or any products or services provided by or through Our Website or Booking Engine, and the subject matter of this User Agreement.
21.2 You agree that except as expressly stated in this User Agreement no joint venture, partnership, employment or agency relationship is created as a result of this User Agreement or use of Our Website or Booking Engine.
21.3 Our performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of Our right to comply with law enforcement requests or requirements relating to Your use of this Website or information provided to or gathered by Us with respect to such use.
21.4 If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this User Agreement shall continue in effect.
21.5 A printed version of this User Agreement and of any notice given in electronic form in relation thereto shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21.6 Our failure to enforce any provision of this User Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
21.7 You agree that notices to be given under this User Agreement may be given by electronic mail and that such notices comply with any legal requirement that such communication or notice must be in writing. If notice is to be given to Us it should be emailed to Us via the Contact Us page on the Website. Notices sent to Us will be deemed to be received 24 hours after receipt by Us at the relevant email address. If We require to send notice to You it shall be sent to the email address originally used by You when You made the booking with Us. Such notices will be deemed to be received at the time that We send the email to You whether or not You receive the email.
21.8 Any rights not expressly granted herein are reserved by Us.
21.9 Other terms and conditions may apply to Your purchase of products or services offered on or through the Website and/or Booking Engine.
21.10 This User Agreement shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
22. Use of cookies
We utilise Cookies on Our Website they are designed to allow the Website to recognise its users on subsequent visits, or to authorise other designated websites to recognise these users for a particular purpose They are necessary in order to make Our Websites work, as well as to provide information to Us about how Our Websites are being used. In no cases do We store personal information in cookies.
Cookies do a lot of different jobs which make your experience of the Internet smoother. For instance, they are used to remember your preferences on sites you visit often, to remember your user ID and to help you navigate between pages more efficiently. We mention cookies in Our Privacy Notice.