Terms & Conditions of Website use
The terms and conditions set out below (“Conditions”) apply to your use of this web site and related websites (“Site”), including the use of the information services offered on the Site.
In accessing and using the Site, you agree to be bound by these Conditions so please carefully read this section before proceeding. If you do not accept these Conditions, you must refrain from using the Site.
These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.
The Site makes available information relating to hotels and resorts owned or managed by Elgin Group.
The Site contains “Elgin” trade and service marks and devices (including the word “Elgin”) and other valuable trade or service marks owned by Elgin or licensed to Elgin to distinguish its services and products. These trade and service marks and related intellectual property are protected from copying and simulation under national and international laws and may not be reproduced or copied without the express prior written consent of Elgin.
Without limitation, you must not use any of the said trade or service marks :
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not undertaken or provided by Elgin;
- in a manner which may be confusing, misleading or deceptive; or
- in a manner that disparages Elgin or its information, products or services (including this Site).
This right to use the Information is a license only, not a transfer of title, and is subject to the following restrictions :
- the Information may not be used for any commercial purpose or public display, performance, sale or rental;
- no copyright or other proprietary notices may be removed;
- the Information may not be transferred to another person;
- software may not be interfered with in any manner;
- every person downloading, reproducing or otherwise using the Information must prevent any unauthorized copying of the Information;
- you will only use the Information for lawful purposes and in accordance with these Conditions.
You also accept that all of the Information is provided on an “as is” basis and to the extent permitted by law, is provided without any warranty, representation or condition of any kind whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the Information and the Site or any other material accessed through the Site including via any Linked Web Site.
Whilst Elgin seeks to ensue that the Information is reliable and accurate, errors and omissions may occur and therefore, to the extent permitted by law, Elgin does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Web Site, including without limitation, as to merchantability, non infringement of intellectual property rights or fitness for purpose.
In particular Elgin does not warrant that :
- the Information or any other material accessed through the Site including via any Linked Web Site is reliable, accurate or complete including, without limitation, information relating to prices and availability; or
- your access to Information or any other material accessed through the Site including via any Linked Web Site will be uninterrupted, timely or secure.
Elgin is not liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the Site including via any Linked Web Site. You should make your own inquiries and seek independent professional advice before acting or relying on any such information or material.
Elgin may from time to time update, modify or add to the Information, including these Conditions and absolutely reserves the right to make such changes without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary all new Information shall be subject to these Conditions.
Elgin does not guarantee that the Site will operate continuously or without interruption or be error free. In addition, Elgin may also suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action.
LIABILITY DISCLAIMER & EXCLUSION
In no event shall Elgin be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of :
- your use of the Site or any Linked Web Site; or
- your use of or reliance on Information or any other material accessed through the Site including via any Linked Web Site;
- Including without limitation, loss or damage by way of loss of profits, loss of business opportunity, business interruption or loss of information.
These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded, however, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded.
Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of Elgin under, any such warranty, term or condition, then the liability of Elgin shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition to one or more of the following :
- if the breach relates to services, the supply of the services again or payment of the cost of having the services supplied again; and
- if the breach relates to products and the products can be repaired, repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.
You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of virus, malicious computer code, computer program routine or process or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, Elgin does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any Linked Web Site.
Elgin does not guarantee or warrant that any material available for downloading from the Site or any Linked Web Site will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.
You must ensure that any information which you provide to Elgin is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of Elgin or the Information or which may detrimentally interfere with or surreptitiously intercept or expropriate any Elgin system, data or information.
You acknowledge and agree that Elgin does not have any control over the content or availability of Linked Web Sites and accepts no responsibility for the content, privacy practices or any other aspect of Linked Web Sites.
Links with Linked Web Sites should not be construed as an endorsement, approval or recommendation by Elgin of the owners or operators of those Linked Web Sites, or of any information, graphics, materials, products or services referred to or contained on those Linked Web Sites, unless and then only to the extent expressly stipulated to the contrary.
You warrant that you are at least 18 years of age, possess the legal authority to enter into the legal agreement constituted by your acceptance of these Conditions and to use the Site in accordance with such Conditions.
You agree to be financially responsible for your use of the Site including without limitation for all reservations made by you or on your account for you, whether authorised by you or not. For any reservations or other services for which fees may be charged you agree to abide by the terms or conditions of supply including without limitation payment of all moneys due under such terms or conditions.
The Site contains details of hotel charges and room rates (including any available special offers) for hotels and resorts owned or managed by Elgin.
Hotel reservation terms and conditions of booking are set out on the Site and payment will be in accordance with the procedure set out in such terms and conditions.
No contract will subsist between you and Elgin or any of its affiliates in respect of any services or products offered through the Site unless and until Elgin accepts your order by e-mail or automated confirmation through the Site confirming that it has accepted your reservation, booking or order and any such contract shall be deemed to incorporate the hotel reservation terms and conditions of booking. Any other relevant terms and conditions relating to particular services or products are set out in the Site.
You undertake that all details you provide to in connection with any services or products which may be offered by Elgin on the Site (including hotel room reservations) will be correct and, where applicable, the credit card which you use is your own and that there are sufficient funds to cover the cost of any services or products which you wish to purchase. Elgin reserves the right to obtain validation of your credit card details before providing you with any services or products.
SECURITY & NON CONFIDENTIALITY
Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information.
Elgin does not warrant and cannot ensure the security or confidentiality of any information which you transmit to Elgin. Accordingly, any information which you transmit to Elgin is transmitted at your own risk.