Terms & Conditions
This document (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services or information (Services) listed on our website www.holidaypirates.com (our site) to you. Please read these terms and conditions carefully before making use of any Services from our site. You should understand that by making use of the Services available on our site, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information About Us
www.holidypirates.com is a travel directory site operated by HolidayPirates Limited (we). We are registered in England and Wales under company number 9445903 and with our registered office at Becket House, 36 Old Jewry, London EC2R 8DD. Our VAT number is GB 215 3172 42. We can be contacted on [email protected].
2. Your Status
2.1 By making use of the Services offered on our site, you warrant that:
2.1.1 You are legally capable of entering into binding contracts;
2.1.2 You are at least 18 years old;
2.1.3 You will be financially responsible for all of your use of and through this website as well as for use of your account by others including but without limitation minors (under 18 years old) living with you.
2.1.4 You agree to supervise all usage of minors of this website under your name or account;
2.1.5 You warrant that all information supplied by you or members of your household in using this website is true and accurate;
2.1.6 You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorised to act;
2.1.7 You acknowledge and understand that overuse or abuse of the travel services reservation facilities of the website may result in you being denied access to such facilities;
2.1.8 You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability and use of fares, products or services. Special rules and restrictions may apply to a fare, product or service selected by you. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase; and
2.1.9 You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this website including without limitation any fares or the costs of products or services provided by suppliers with whom you contract via this website.
3. Our Status
3.1 Please note that www.holidaypirates.com is a travel directory service provided solely to assist customers in determining the availability of travel-related goods and services or otherwise transact business with suppliers and for no other purposes. We do not operate as a travel agent or tour operator. We operate as a travel directory on behalf of third party sellers/advertisers. The resulting legal contract in respect of any bookings made indirectly through this website is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction before entering into a contract with them.
3.2 We provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.
4. Travel Destinations Disclaimer
4.1 Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review any travel prohibitions, warnings, announcements and advisories issued by The Foreign and Commonwealth Office Travel Advice Unit prior to booking travel to national and international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found on the FCO's website currently located at https://www.gov.uk/browse/abroad. Online medical advice for travellers can be found at the Department of Health's website currently located at https://www.gov.uk/government/organisations/department-of-health. Otherwise, for medical advice regarding your journey, we strongly recommend you consult your GP.
4.2 By offering for sale travel to particular international destinations, HolidayPirates Limited does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
5. Liability Disclaimer
5.1 The information, products, and services published on this website may include inaccuracies or typographical errors. In particular, HolidayPirates Limited, and its affiliates do not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of accommodation, air, cruise, car, attractions and all other travel and holiday products displayed on this website (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Any accommodation rating displayed on this website is intended as only general guidelines, and HolidayPirates Limited does not guarantee the accuracy of the rating. Changes are periodically added to the information herein. HolidayPirates Limited its affiliates and/or their respective suppliers may make improvements and/or changes on this website at any time.
5.2 HolidayPirates Limited and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose and the inclusion or offering for sale of any products or services on this website does not constitute any endorsement or recommendation of such products or services by HolidayPirates Limited or its affiliates. HolidayPirates Limited shall use reasonable care and skill in carrying out the Services contained in this website.
5.3 HolidayPirates Limited, its affiliates, and/or its respective suppliers so far as permitted by law hereby disclaim all warranties, terms and conditions with regard to this information, software, products, and services, including all implied warranties, and conditions, of suitable quality, fitness for a particular purpose, title, and non-infringement.
5.4 The carriers, hotels and other suppliers providing travel or other services, are independent contractors and not agents or employees of HolidayPirates Limited or its affiliates. HolidayPirates Limited and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
5.5 In no event shall HolidayPirates Limited, its affiliates and/or their suppliers be liable for any, indirect, incidental, punitive, special, or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, products, and services obtained through this website, or otherwise arising out of the use of this website, (including, but not limited to loss of use, data, profits, savings or opportunities), whether based on contract, tort, strict liability or otherwise, even if HolidayPirates Limited, its affiliates, and/or any of their suppliers have been advised of the possibility of damages.
5.6 Except in relation to liability for death or personal injury for which no limit applies, the liability of HolidayPirates Limited arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, shall be limited to a maximum of the total value of the transaction under which the claim arises for any one event or series of connected events. This does not affect your statutory rights as a consumer.
5.7 Important: these terms and conditions and foregoing liability disclaimer, do not affect mandatory legal rights that cannot be excluded under applicable law. Should you decide to purchase any travel packages through any website we have provided a link to on our site, separate terms and conditions will also apply.
6.1 You agree to defend and indemnify HolidayPirates Limited, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
6.1.1 your breach of these Website Terms, Conditions and Notices or the documents referenced herein;
6.1.2 your violation of any law or the rights of a third party; or
6.1.3 your use of this Website.
7. Written Communications
From time to time applicable laws may require that some of the information or communications we may send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by electronic mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to HolidayPirates Limited at Becket House, 36 Old Jewry, London EC2R 8DD. We may give notice to you at either the e-mail or postal address you provide to us when registering, or in any of the ways specified in paragraph 7. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
9. Transfer Of Rights And Obligations
9.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
9.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10. Events Outside Our Control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract arising with you as a result of you using this website (Contract) that is caused by events outside our reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2.1 Strikes, lock-outs or other industrial action.
10.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
10.2.3 Fire, explosion, storm, flood, earthquake, subsidence, ash cloud, epidemic or other natural disaster.
10.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.2.5 Impossibility of the use of public or private telecommunications networks.
10.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
10.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 8 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13. Entire Agreement
13.1 These terms and conditions and any document expressly referred to in them including without limitation the Data Policy, About Us, FAQ and Imprint applicable to this website represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
13.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
13.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
14. Our Right To Vary These Terms And Conditions
14.1 We have the right to revise and amend these terms and conditions from time to time.
14.2 You will be subject to the policies and terms and conditions in force at the time that you make use of the Services provided by us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (which if appropriate will be deemed to apply retrospectively).
15. Law And Jurisdiction
Use of any of the Services provided through our site will be governed by English law. Any dispute arising from, or related to, the use of any such Services or in respect of any Contract arising between you and us shall be subject to the exclusive jurisdiction of the courts of England and Wales.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or reuse any material, which does not comply with our content standards (see below).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our site (contributions).
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of the Content Standards as set out above through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this constitutes a material breach of these terms and conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this policy at any time by amending this policy. You are expected to check this policy from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this policy may also be superseded by provisions or notices published elsewhere on our site.
Terms of Website Use
Accessing Our Site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- Loss of income or revenue;
- Loss of business;
- Loss of profits or contracts;
- Loss of anticipated savings;
- Loss of data;
- Loss of goodwill;
- wasted management or office time; and
- For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
We process information about you in accordance with our data protection policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Transactions concluded through our site
Contracts for the supply of services or information formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
If you have any concerns about material which appears on our site, please contact HolidayPirates Limited, Becket House, 36 Old Jewry, London EC2R 8DD.
By using the website you may receive SMS, e-mail or Whatsapp customer feedback or marketing messages.
Sources for the used pictures and graphics:
European Online Dispute Resolution Platform: