Save up to 70% on luxury hotels and holidays.
Access and book our deals using just your email
Terms and Conditions
1.
Terms of Use
This Website is owned and operated by Secret
Escapes. Your access to and/or use of the Website is governed by these terms
and conditions and the Privacy Policy (collectively, the “Terms and Conditions”), which Terms and Conditions shall apply where
you are a visitor to the Website and/or if you have an account or have
registered with us or are a Member and you are advised to read these Terms and
Conditions carefully before making any booking on the Website. You are deemed
to agree to comply with and be bound by these Terms and Conditions upon your
first access and/or use of the Website. If you do not agree to be bound by
these Terms and Conditions, you should stop using the Website immediately. By
continuing to access and/or use the Website, you agree and are deemed to agree
to continue to be bound by these Terms and Conditions. To the maximum extent permitted, the
provisions of the Electronic Transactions Act (Cap. 88 of Singapore) are
excluded except to the extent that such provisions are consistent with these
Terms and Conditions[S1] .
- Definitions and Interpretation
In these Terms and Conditions (including Clause
1), the following terms shall have the following meanings:
"Acceptance"
means the process by
which Secret Escapes accepts a Member's offer to purchase a hotel stay, holiday
or package which may include travel costs as advertised for purchase on the
Website and/or as notified to a Member in any communications sent by Secret
Escapes, as set out in detail in Clause 7.2 of these Terms and Conditions;
"Account"
means the
personal information, payment information and credentials used by the User to
access the Service, and/or any System on the Website;
"Content"
means any text,
graphics, images, audio, video, software, data compilations and any other form
of information capable of being stored in a computer that appears on or forms
part of the Website;
"Member"
means any User of
the Website who has chosen to become and has been accepted as a member of
Secret Escapes, and who is required to comply with these Terms and Conditions
together with any other terms of membership that Secret Escapes may issue to the
Member from time to time;
"Products"
means the products and
services that a Member may book with a Supplier through the Website, which may
include a package holiday, accommodation, flights, experiences, tours and any
other travel service or product as provided by Suppliers and as detailed on the
Website from time to time;
"Secret
Escapes" means Secret Escapes Limited (registered
in England & Wales under company number 07026107) and whose registered
office is situated at 4th Floor 120 Holborn, London EC1N 2TD (also referred to
as “we”, “us” and “our” herein);
"Service"
means any
online facilities, tools, services and information that Secret Escapes makes
available through the Website from time to time;
"System"
means any
online communications infrastructure that Secret Escapes makes available
through the Website from time to time, and includes, but is not limited to,
web-based email, message boards, live chat facilities and email links;
"Supplier"
means any third-party
which sells or otherwise arranges for tours, holidays, products and other
services (whether a tour operator, hotel, airline, ground handler or any other
supplier or provider), who shall be directly responsible to a Member who makes
a booking for a Product on the Website;
"User"
means any individual
who accesses the Website and is not employed by Secret Escapes or acting in the
course of their employment, whether as a Member or otherwise;
"Website"
means the website
of Secret Escapes, as currently accessed through the url address at www.secretescapes.com[S2] .sg, together with any other website owned and
operated by Secret Escapes for the purposes of allowing the Users to make
bookings for Products and any sub-domains thereof unless expressly excluded by
their own terms and conditions, and any other url address as Secret Escapes may
nominate from time to time.
Intellectual Property and terms of use
2.1. Ownership: Unless otherwise expressly indicated,
all Content included on the Website (save for uploaded by Users and accepted
for inclusion on the Website by Secret Escapes) including, but not limited to,
text, graphics, logos, icons, images, sound clips, video clips, data
compilations, page layout, underlying code and software, domain name copyright, database, trade marks, design
rights and any other intellectual property rights, in whatever format and
whether registered or not (collectively, “Intellectual
Property”) is the property of Secret Escapes, or our affiliates or
licensors or other third parties. By continuing to access and/or use the Website,
you agree and acknowledge that such Intellectual Property is protected by
applicable laws and international
treaties and that you can only use the Intellectual Property for the purposes
of viewing the Content and using the Website.
2.2. Allowed use: Subject to these Terms and
Conditions and prior written permission by Secret Escapes, you may print,
reproduce, copy, distribute, store and re-use in any other manner the Content
from the Website for personal purposes only, unless otherwise indicated on the
Website. Personal use includes, but is not limited to, recreational use, social
use, and use for the purposes of education as a student or teacher.
Specifically, you agree that:
i.
you will not use the Content of the Website for commercial purposes; and
ii.
you will not systematically copy Content from the Website with a view to
creating or compiling any form of comprehensive collection, compilation,
directory or database unless given express written permission to do so by
Secret Escapes.
2.3. Trade marks: "Secret Escapes" and the
logo of Secret Escapes are trade marks of Secret Escapes. Notwithstanding
Clause 3.2, all other trade marks, service marks and trade names used on the
Website are the property of their respective owners and are used by Secret
Escapes under licence for inclusion on the Website. All trade marks, service
marks and trade names and logos featured on the Website shall not be
reproduced, copied, downloaded or otherwise used or exploited for any purpose
without the permission of Secret Escapes or the relevant owner
2.4. Third Party Intellectual Property: Where
expressly indicated, certain Content and the intellectual property rights
subsisting therein belong to other third parties, and, unless otherwise expressly
stated by Secret Escapes, does not fall within the scope of Content that Secret
Escapes may permit the User to use for personal purposes under Clause 3.2. Any
such Content will be accompanied by a notice providing the contact details of
the relevant owner and any separate policy or terms of use that may be
relevant.
2.5. Content that you or other Users may upload:
Commentary and other materials posted on the Website are not intended to amount
to information on which you should rely. Subject to applicable laws, Secret
Escapes does not assume any responsibility or liabilities and disclaims all
liability and responsibility arising from reliance on such Content and other
commentary/materials uploaded by any User or other third party. Where Secret
Escapes provides any interactive services on the Website, we will do our upmost
to ensure that such services are provided and used in accordance with these
Terms and Conditions and the applicable laws and regulations, although please
note that we are under no obligation to monitor or moderate any such
interactive services. We do, however, reserve the right to remove any Content
or materials uploaded by you or any other User or third party on the Website in
our sole discretion.
3.
Links to Other Websites
This Website may contain links to other sites.
Unless expressly stated, these sites are not operated by or under the control
of Secret Escapes or that of our affiliates. Subject to applicable laws, we
assume no responsibility for and make no representation or warranty in relation
to the content or functions of, or goods or services sold, provided or obtained on, by or through
such websites and disclaim all liabilities for any and all forms of loss or
damage arising out of or in connection with the access and/or use of them. The
inclusion of a link to another site on this Website does not imply any
endorsement or recommendation of or affiliation with the sites themselves or of
their operators and/or administrators.
4.
Links to this Website
Those wishing to place a link to this Website on
other sites may do so only to the home page of the Website [www.secretescapes.com]
without prior permission provided that this is done in a manner that is fair
and legal and does not damage our reputation or take advantage of it or suggest any form of affiliation, association,
approval or endorsement on our part where none exists. Deep linking (i.e. links
to specific pages within the Website), framing or other such activity requires
the express prior written permission of Secret Escapes. To find out more,
please contact us by email at support@secretescapes.com.sg
5.
The Service
5.1. Login details: Where you are provided with login
details to access the Website as a User (whether as a Member or registered
User), you must treat these login details as confidential and not disclose such
details to any other third party. You can create and manage your own Account
within the Website and we shall hold your information within your Account
section within the Website in accordance with our Privacy Policy. We have the
right to disable any User identification codes or login details (including
access to your Account), whether chosen by you or allocated by us, at any time
if in our opinion you have not complied with any provision of these Terms and
Conditions.
5.2. What Secret Escapes does: Secret Escapes is an
exclusive Members only travel club. It sells (on behalf of Suppliers as their
agent) hotel stays, holidays and package deals, having secured great discounted
rates with various Suppliers. Each booking that a Member may make through
Secret Escapes with Suppliers will be made up of one or more offers which may
be available at any given time. Members book individual offers from Suppliers
within a sale window that is offered, as detailed from time to time on the
Website. For example there may be a sale for rooms at the Heartbreak Hotel,
with offers for 1 and 2 night stays in standard and superior rooms. Offers may
include additional items or components, such as meals or activities. For the avoidance
of doubt, unless explicitly stated in the offer or sale description, offers are
for accommodation only. All Products shown on the Website (or as notified to
Members through email communications) are subject to availability and Members agree
and acknowledge that they will check that an offer is still available before
booking.
5.3.
Secret Escapes acts as an agent of Suppliers whose Products are featured
on the Website or communicated to Members. Secret Escapes carefully selects the
Suppliers with whom it acts as an agent (based on their experience, reputation,
feedback on quality of services, etc) in order for Members to contract directly
with those Suppliers for the provision of these featured Products. Secret
Escapes provides the opportunities for Members to book with Suppliers at great
rates by providing the Service, but Secret Escapes is not responsible in any
way for the provision of the Products which a Member may purchase from the
Suppliers through the Website, and all contracts for provision of the Products
that a User may purchase are subject to the applicable booking terms and
conditions of the relevant Supplier with whom a Member may contract and as
notified to the Member at the time of booking. Secret Escapes does not warrant
or guarantee the quality and standard of the Products offered on the Website by
Suppliers for whom Secret Escapes acts as agent. Any concerns regarding the
Products purchased by a Member from a Supplier must be brought to the attention
of the Supplier by the Member directly (please see Complaints section further
below), as the Supplier is directly responsible to you for bookings you have
made with the Supplier through the Website.
5.4.
Rates and Suppliers terms: Secret Escapes negotiates discounted prices
with Suppliers. The sale price displayed on the Website is the discounted price
(including the commission payable to Secret Escapes). When buying Products
through the Website, your contract will be with the Supplier (e.g. the hotel
company) and not Secret Escapes. Secret Escapes only acts as an agent for the
Supplier. Accordingly, Secret Escapes is not responsible for the conditions or
limitations placed on any sale by the Supplier of the Product being sold (such
as, by way of example, the inability to cancel a booking once placed). Separate
terms and conditions will apply to your booking and purchase of the Products
purchased through any sale on the Website. You agree to abide by the terms and
conditions of the Supplier with whom you contract, including compliance with
the Supplier’s rules and restrictions regarding availability and use of fares
and the Products. You agree and acknowledge that any breach of any Supplier’s
conditions may result in cancellation of your booking, denial of access to any
flights or hotels you have booked and / or
forfeiture of any monies paid for such booking, and that Secret Escapes may
debit your Account for any costs Secret Escapes incurs as a result of such
breach.
5.5. Sale Information:
All our prices are shown in Singapore Dollars
and include GST. Secret Escapes sells hotel stays and holidays at discounted
prices. The sale descriptions on the Website specify the prices and what is
included in your purchase, as well as any special conditions that apply. We make
every effort to avoid errors in our sales descriptions and prices. However, we
reserve the right to correct errors in sales descriptions and prices before
Acceptance of your order. Unless otherwise stated in the sale description, the
prices shown are for rooms only and don't include other potential costs such as
travel costs or local taxes.
We aim to use photographs and descriptions to
give an accurate illustration of the Products. They are not intended to be
exact, for example you are not guaranteed an identical view to that shown in a
sale photo.
We show a percentage discount as part of the
sale information. This compares our sale price against the "rack
rate" provided by the Supplier. When additional services (such as meals or
activities) are included in the sale, we add these to the rack rate.
6.
Making a booking
6.1.
Sale Information: The advertising of Products on the Website constitutes
an "invitation to treat". Any Products detailed on the Website are
subject to availability and therefore we need to check availability once a
Member indicates that they would like to make a booking for a Product, before
this can be confirmed. A Member's request to book a Product constitutes a
contractual offer to purchase that Product and no legally binding contract shall
come into force between a Member and a Supplier unless and until there has been
Acceptance by a Supplier (as notified to a Member by Secret Escapes) in
accordance with Clause 7.2. By making a request to book a Product, you agree
and represent and warrant to us that:
i.
you are at least 18 years old;
ii.
you are not bankrupt or insolvent;
iii.
you have the capacity to enter into binding contracts;
iv.
you have a valid credit or debit card issued by a bank that is
acceptable to us; and
v.
you are purchasing the Products for your own personal use or for the
personal use of another person(s) and not for the purpose of resale or other
commercial purposes.
6.2.
We have the right at our discretion to ask you for proof of any aspect
of your status as set out in Clause 5.1.
6.3. For Acceptance of a booking for a Product to
take place, the following steps shall be completed:
6.3.1. the Member will need to offer to purchase a
Product on the Website;
6.3.2.Secret Escapes will issue an automated online
acknowledgement confirming receipt of the booking. Please note that such
automated acknowledgement is not Acceptance of the booking request, but an
acknowledgement that the booking request has been received and that Secret
Escapes will contact the Supplier to check availability prior to any contract
coming into existence;
6.3.3.Upon receipt of an offer to purchase a Product, Secret
Escapes will (following the issue of the automated response referred to in Clause
7.2.2 above) check that no details of a Product need to be corrected and that
there are no accidental errors or omissions in the sale description of the
Product, and check the availability in respect of the Product with the relevant
Supplier. In the event that any such errors or omissions need to be corrected,
or a Product is no longer available, Secret Escapes will provide notification
of this to the Member as soon as reasonably practicable; and
6.3.4.Following checks made by Secret Escapes relating
to the Product that a Member has requested to book and subject to confirmation
of availability of the Product, Secret Escapes will issue a notification[S3] to the Member by email that a booking with a
Supplier has been made, such notification being Acceptance of a booking for a
Product on behalf of a Supplier and a legally binding contract shall then be
created between the Member and the relevant Supplier for provision of the
Product in accordance with the relevant Supplier’s terms and conditions from
the moment the notification is sent by e-mail by Secret Escapes. For the
avoidance of doubt, the contract is valid notwithstanding that the Member has
not received the notification or the notification was not communicated to the
Member and that Secret Escapes and the Member acknowledge and agree that that
“receipt rule” shall not apply in any purchase of Products on the Website.
6.4. For the avoidance of doubt, Secret Escapes
reserves the right to alter or amend the details of a Product or withdraw a
Product at any time up to the point of Acceptance in the event that it is aware
of any error or omission relating to the details of the Product or in the event
that it receives a request to do so from the Supplier of the Product.
6.5. Please make sure that you are eligible and able
to travel on the dates of your holiday to your chosen destination before making
a booking.
6.6. If you have any special requests you must let us
know when you make the booking. Secret Escapes will attempt to pass on all
reasonable requests to the Suppliers, but cannot guarantee that such requests
will be met by the Suppliers. Secret Escapes cannot accept bookings that are
conditional on the fulfilment of a special request.
6.7. If you have a medical condition which may affect
your booking, please let us know before making a booking so that we can find
out if the Product is suitable before you make a booking.
6.8.
There's a 'hold' functionality available for most of our sales. This
works by allowing Members to pay a [£25] fee to hold a date for the duration of
the sale. For avoidance of doubt, 'holding' a sale does not constitute a
booking or making an offer to purchase a particular Product; it simply prevents
other Secret Escapes Members from booking that allocation. A hold is NOT a
deposit on a booking and is not a guaranteed or confirmed booking. In the event
that a hold has to be cancelled by Secret Escapes due to that date being closed
out by a Supplier, we will credit your Secret Escapes account with [£25], but
subject to applicable laws, we do not assume any obligations or liabilities to
reimburse the Member and shall[ not be liable] [Comment: Please refer to earlier comment regarding exception clauses.]
for any extra costs incurred by the Member (for example, if travel has already
been booked separately).
6.9. Once your booking has been completed in
accordance with Clause 7.3 and payment for your Product has been made (in
accordance with Clause 8 below), Secret Escapes will issue you with:
6.9.1. a booking receipt with details of the relevant
Supplier providing the Product that you have booked. Please note this is not a
booking confirmation with all details of your itinerary, etc, which will be
sent to you by the relevant Supplier separately, and our booking receipt merely
confirms receipt of monies that we have received on behalf of the Supplier and
details of the dates your Product has been booked for;
6.10.
When you receive documentation for your hotel stay/holiday, please
ensure that you check that these are correct and in the case of travelling
abroad, that they match the names and ages on the passport(s) of the travellers.
6.11.
Subject to applicable laws, Secret Escapes does not assume any
obligations or liabilities for the issue of your tickets and/or travel
documents and shall [not be liable] in the event that your tickets and/or
travel documents don't arrive by post or email. Please contact the hotel/tour
operator should you not receive these.
7.
Payment Terms
7.1. Bills and Payments: We only accept payments by
credit or debit card or via Pay Pal. For your convenience and in order to
safeguard your payment information, all payments are transacted through the
secure server of our on-line payment processing provider and once you have
entered all relevant information correctly, payments will be taken
automatically. Invoices will be immediately sent to you by E-mail and may be
accessed at any time via your Account. We take your personal privacy and
financial security extremely seriously - see our Privacy Policy for more
information.
7.2. Payment Terms: When paying bills, time is of the
essence and we ask you to ensure that your card details are valid and that you
have sufficient funds available.
7.3. Failed payments: In the event that a payment
fails, we will ask you to provide updated payment details. We may temporarily
suspend your Account if an amount remains unpaid for more than 14 days. We
reserve the right to charge interest at a rate of 4% per annum over the Singapore Interbank Offered Rate (SIBOR) or another reference interest
rate that we may choose on all
amounts that remain outstanding 30 days after the issue of our invoice.
7.4. Refunds and Cancellations: If you have any query
about an amount that has been charged by us to your card, please contact us
straightaway. In the event that we find a payment has been taken in error, we
will refund the amount immediately to your credit or debit card.
7.5. Credit and Incentives: There is no limit to the
amount of Products you can acquire. In fact we'd love you to tell all of your
friends about us. However, if you try to gain additional credit through
falsifying accounts or creating multiple fake Accounts, then such credit will
not be considered valid and Secret Escapes shall have the right tocancel such
credit when detected. If you gain credit through an incentive for booking
Products through the Website in a valid manner, then such credit will remain in
your Account for up to 12 months (unless an earlier expiry date is specified),
at which point any credit within your Account shall be automatically deleted.
8.
Alterations
8.1.
Unless otherwise stated in the Product description, once Acceptance has
taken place in accordance with Clause 7.3, all Product sales on the Website are
final. If alterations or cancellations are permitted by the Supplier, they may
be subject to a charge in accordance with the Supplier’s own terms and
conditions.
8.2. While bookings made through the Website have a
100% non-cancellable/non-refundable policy, if a Member wishes to make a change
to their booking of a Product with a Supplier, then Secret Escapes will use its
reasonable endeavours to assist a Member in the Member's attempts to alter or
cancel a booking, but can give no guarantee that such attempts will be
successful and does not assume any responsibilities or liabilities and [shall
not be held liable] for the reimbursement of any applicable charges that the Member
may need to pay in order to give effect to any such change or alteration,
subject to applicable laws.
8.3. [Notwithstanding Clause 6.4 and without
prejudice to Clause 9.2, the Member
acknowledges and agrees that if a Supplier’s terms and conditions includes
provisions relating to changes and cancellations of bookings, such terms shall
not apply in respect of bookings made for Products featured on the Website and
the Member waives and elects not to exercise such a right to make changes or
cancellations to bookings to which he may otherwise be entitled. This is
because of the discounted rates that Secret Escapes has managed to secure with
the Supplier, which is generally on the basis that the booking is final and
cannot be changed. Members should therefore be aware that any Products
purchased through the Website cannot be changed and are non-cancellable and
non-refundable, unless otherwise stated, or unless the Supplier has agreed to
this in writing.
8.4. Depending on the reason for cancellation, you
may be able to reclaim any cancellation charges payable (less any applicable
excess) under the terms of your insurance policy. All claims must be made
directly to the insurance company concerned.
9.
Cancellations by Suppliers
9.1.
Most changes that a Supplier may make are minor but occasionally, we
have to notify you of a "material alteration" that a Supplier may
make. A material alteration is a change made before departure which, taking
account of the information given to us at the time of booking and which we can
reasonably be expected to know, we can reasonably expect to have a major effect
on your stay. In the unlikely event of the Supplier cancelling or amending your
booking for a Product after the booking has been made, we will tell you as soon
as possible and seek to secure from the
Supplier the offer to you of the following options (depending on the Product
you have booked):
9.1.1.
for material alterations, accepting the changed arrangements;
9.1.2. for hotel only reservations, a choice of
accepting an alternative offered by the Supplier. In the case of no alternative
being available from the Supplier, the Supplier may instruct us to cancel the
booking and give a full refund of all monies paid to the Supplier;
9.1.3. purchasing an alternative package of a similar
standard to that originally booked if available from the Supplier. You must pay
the applicable price difference of any such package. This will mean that you would
be required to pay the price difference if the package is more expensive or
receiving a refund of the price difference if it is cheaper; or
9.1.4. cancelling or accepting the cancellation in
which case you will receive a full and quick refund of all monies you have paid
to the relevant Supplier.
Please note: Notwithstanding the foregoing, the
Supplier may not provide you with the above options where any change made is a non-material
one. Subject to applicable laws, a change of flight time for flights of less
than 12 hours, airline type or aircraft (if advised) or destination airport will
generally be considered as non-material changes. When cancellations or changes
do occur, Secret Escapes does not assume any responsibilities or liabilities and
shall not be held liable for reimbursement of extra costs arising from the
change in booking which you may incur (for example for travel expenses, or
other accommodation) , subject to applicable laws. In the rare cases that a
Supplier cancels your booking after it has been accepted, you will be notified
by the Supplier, or Secret Escapes acting on their behalf. As Secret Escapes is
an agent acting on behalf of other Suppliers, and your contract once you've
booked is with the Supplier, we will support you in getting a refund or
changing your dates. Secret Escapes is not responsible for costs associated
with a cancellation by the Supplier We always recommend that you buy travel
insurance to cover against cancellations and other contingencies. For further
information on insurance, please see Clause 5 below.
10.
Cancellations by you
[While our bookings have a 100% non-cancellable/non-refundable
policy, in the event that you contact us to request to cancel your booking, we
will contact the relevant Supplier. However, you are also bound by their terms
and conditions and a cancellation is not always possible and where it is,
charges may apply.
Important: For any cancellation affecting the
flight component of a tour operator package, you shall incur minimum
cancellation charges equivalent to the price of the flight.]
11.
Termination and Suspension
In the event that a Member breaches these Terms
and Conditions, Secret Escapes reserves the right to suspend or terminate a User
or Member’s access to the Service and the Account, and to suspend the Member’s membership,
and any such person must not attempt to use the Website under any other name or
by using the access credentials of another User, with or without the permission
of that User.
12.
Complaints
12.1.
If you are unhappy with any aspect of the Products that you have
purchased through the Website and wish to complain, then please raise this with
the relevant Supplier directly so that they can try to address any issues
raised put your complaints in writing to them if possible (some Suppliers
provide a feedback form). If you are still not satisfied with the response,
then please contact the Supplier directly within 30 days of your return.
12.2.
If you're unhappy with any aspect of your experience, please take this
up with the relevant Supplier. They will deal with the situation immediately,
or will deal with your query in in a reasonably practicable manner. In these
cases, Secret Escapes cannot assist in your complaint.
12.3.
If you feel the Product is not as described on the Website, please take
this up with the relevant Supplier in the first instance. However, please also
let us know as soon as possible and we will assist you in attaining a
resolution.
12.4.
For flight or transport problems please contact the Supplier (you should
be provided with an emergency number). Delays to flights, etc. should be dealt
with the Supplier. Please always read all information given to you by the
Supplier and check their terms and conditions before you go on holiday. Subject
to applicable laws, Secret Escapes does not assume any responsibility or
liability and [shall not be liable] for any flight issues which may affect your
stay and such issues should be taken up with the relevant Supplier.
13.
Flights
We are not always in a position at the time of
booking to confirm the flight timings of your flight, as provided by the
relevant Supplier. The flight timings shown on our Website and/or detailed in
your booking details are for guidance only from the relevant Supplier and are
subject to alteration and cancellation at any time by the relevant Supplier.
The relevant Supplier will confirm the flight timings that you have been
allocated. Where a window of flight timings is given, you will be allocated
flight timings within that window according to availability on the date you
have booked with the relevant Supplier; any complaints regarding flight timings
given to you within that window will generally not be accepted by a Supplier.
Flight timings are outside our control. They are
set by airlines and are subject to various factors including route changes and
cancellations, air traffic control restrictions, weather conditions, potential
technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and
travel arrangements will be sent with your air or other travel tickets before
departure by the relevant Supplier that you have booked with. You must
accordingly check your tickets / e-tickets very carefully immediately on receipt
to ensure you have the correct flight timings. It is possible that flight timings
may be changed even after tickets have been despatched. We (on behalf of the
relevant Supplier) or the Supplier, will contact you as soon as possible if
this occurs. Please refer to the relevant Supplier’s terms and conditions
regarding flights. As Secret Escapes acts as its agent, it does not assume any responsibility
or liability and shall not be liable for any loss incurred arising out of or in
connection with a flight booking.
14.
Insurance
We consider adequate travel insurance to be
essential to cover you while you're away. Please ensure that you have a valid
travel insurance policy from the time of booking your holiday for the countries
you will be travelling to or through, and to cover the activities that you may
undertake whilst you are on holiday and against any failure or disruption in
the provision of the Product arising out of any insolvency on the part of
Secret Escapes. It is essential that all members of the party who made the booking
and travellers for whom the payment or deposit is or to be made for the booking
are covered by the policy or have their own adequate policy in place. You must
ensure you read all conditions and information applicable to any policy you
purchase.
Please read your policy details carefully and
take them with you on holiday. It is your responsibility to ensure that the
insurance cover you purchase is suitable and adequate, for your particular
needs.
[You may wish to refer to the list of insurers
in the Singapore Tourism Board website https://www.stb.gov.sg/industries/travel-agents/Documents/TInsurers.pdf ]
15.
Privacy
Your use of the Website is also governed by our privacy
policy, which is incorporated by reference into these Terms and Conditions and
accessible for viewing through this link (“Privacy
Policy”).
16.
Disclaimers
16.1.
[Secret Escapes makes no warranty or representation that the Website
will meet your requirements, that it will be of satisfactory quality, that it
will be fit for a particular purpose, that it will not infringe the rights of
third parties, that it will be compatible with all systems, that it will be
secure and that all information provided will be accurate. We make no guarantee
of any specific results from the use of our Services.
16.2.
No part of this Website is intended to constitute advice and the Content
of this Website should not be relied upon when making any decisions or taking
any action of any kind.
16.3.
The information on this Website is not designed with commercial purposes
in mind. Commercial use of the Content of this Website is forbidden under Clause
3 of these Terms and Conditions. Any such use constitutes a breach of these
Terms and Conditions and Secret Escapes makes no representation or warranty
that this Content is suitable for use in commercial situations or that it
constitutes accurate data and/or advice on which business decisions can be
based.
16.4. Whilst every effort has been made to ensure that
all descriptions of services available from Secret Escapes correspond to the
actual services available, Secret Escapes is not responsible for any variations
from these descriptions.
16.5.
The Website may contain opinions, recommendations, statements and
information provided by third parties. Secret Escapes does not represent,
endorse or guarantee the truthfulness, accuracy or reliability of any such
third party Content, or endorse any opinions or recommendations expressed by
such third parties. Users acknowledge and agree that they download or otherwise
obtain material and data through the use of the Website at their own discretion
and risk and any reliance on third party Content will be at the User’s own
risk. Subject to applicable laws, you agree that you shall be solely
responsible for any damage to your computer system or loss of data that results
from the download of any such material or data.
16.6.
Subject to applicable laws, Secret Escapes shall not be liable for and
accepts no responsibility for any information presented by a third party
(including Suppliers), including but not limited to pricing, liability in
connection with bookings and cancellations, performance of any contracts
entered into between you and Suppliers, or any other circumstances that may
arise during your trip.
16.7.
Secret Escapes cannot guarantee that the Website is free from infection
by viruses or any material that has contaminating or destructive properties.
You must not misuse the Website by introducing viruses, Trojans, worms, logic
bombs or other material which is malicious or technologically harmful. You must
not attempt to gain unauthorised access to the Website, the server on which the
Website is stored or any server, computer or database connected to the Website.
16.8.
Any destination/attraction/tour/travel guide information on this Website
written or provided by Secret Escapes is purely for information. Secret Escapes
endeavours to ensure that such information is accurate; however, Secret Escapes
provides no guarantee that such information is accurate. Such information does
not form part of your agreement with any third party including Suppliers) and
is provided solely as additional background content.
17.
Availability of the Web Site
17.1.
[The Service is provided on an "as is" and "as
available" basis. We make no representation, guarantee or warranty that
the Service will be free of defects and/or faults and/or available. To the
maximum extent permitted by the law we make no representation, guarantees or
warranties (express or implied) that the Service is fit for a particular
purpose, compatible with the facilities that you access the Service from and/or
is of satisfactory quality.
17.2.
Access to the Website is permitted on a temporary basis and Secret
Escapes reserves the right to withdraw or amend the Service without notice.
Secret Escapes shall not be liable if for any reason the Website is not available
at any time or for any period.
17.3.
Whilst Secret Escapes makes every effort to keep information and Content
featured on the Website up-to-date and accurate, Secret Escapes makes no
guarantee that the information and/or Content on the Website is accurate or up-to-date.
If it is discovered that any of the information and/or Content on the Website
is inaccurate, then Secret Escapes will use its reasonable endeavours to
correct any errors or omissions as quickly as possible after being notified of
them.
17.4.
Subject to applicable laws, Secret Escapes accepts no liability for any
disruption or non-availability of the Website resulting from external causes
including, but not limited to, ISP equipment failure, host equipment failure,
communications network failure, power failure, natural events, acts of war or
legal restrictions and censorship, or where Secret Escapes is updating the
Website in any way.
17.5.
You are responsible for making all arrangements necessary for you to
access the Website.
18.
International Use
We make no representation that Content on the
Website is appropriate or available for use in locations outside Singapore, and
accessing it from territories where the Content is illegal is prohibited. If
you choose to access the Website from a location outside Singapore, you agree
and acknowledge that you do so on your own initiative and you are responsible
for compliance with local laws.
19.
Limitation of Liability
19.1.
To the maximum extent permitted by law, Secret Escapes assumes no
liability for any direct or indirect loss or damage, foreseeable or otherwise,
including any indirect, consequential, special or exemplary damages arising out
of or in connection with the use of the Website or any information contained
therein (including the Content) or any reliance on the Website or the Products
sold through the Website on behalf of Suppliers, whether in contract, tort
(including negligence), breach of statutory duty or otherwise. Users agree and
acknowledge that they use the Website and its Content at their own risk.
19.2.
Subject to the Clause 20.3 below and the applicable laws, Secret Escapes
disclaims all liability, representations, warranties, whether express or
implied by statute, custom or usage, relating to the information (including the
Content) contained on this Website.
19.3.
Nothing in these Terms and Conditions excludes or restricts Secret
Escapes' liability for death or personal injury resulting from any negligence
or fraud on the part of Secret Escapes.
19.4.
Whilst every effort has been made to ensure that these Terms and Conditions
adhere strictly with all relevant laws, in the event that any of these Terms
and Conditions are found to be unlawful, invalid or otherwise unenforceable in
any jurisdiction, that term (with respect to any access and/or use of this
Website by a User in that jurisdiction) is to be deemed severed from these
Terms and Conditions and shall not affect the validity and enforceability of
the remaining Terms and Conditions. For the avoidance of doubt, such severance
shall only apply with respect to any access and/or use of this Website by a
User in the jurisdiction where such term is found to be unlawful, invalid or
otherwise unenforceable and shall not apply with respect to any access and/or use
of this Website by a User in any other jurisdiction where such term is lawful,
valid and enforceable.
20.
No Waiver
In the event that any party to these Terms and
Conditions fails to exercise any right or remedy contained herein, such failure
shall not be construed as a waiver of that right or remedy.
21.
Previous Terms and Conditions
In the event of any conflict between these Terms
and Conditions and any prior versions thereof, the provisions of these Terms
and Conditions shall prevail unless it is expressly stated otherwise.
22.
Travel information
[Please note that we can provide general
information about the passport and visa requirements for your trip, but the
compliance with your specific passport and visa requirements, and other
immigration requirements are your responsibility and you should confirm these
with the relevant Embassies and/or Consulates. Any information supplied by us in
relation to these or related matters (such as climate, when to travel,
clothing, baggage, personal items, etc.) is given as general guidance and in
good faith but we do not assume any liability for any decisions made or
reliance on the basis of the information provided.
The passport, visa and health requirements at
the time of booking can be viewed on the Ministry of Foreign Affairs website (http://www.mfa.gov.sg/content/mfa/index.html).
It is your responsibility to ensure that you and all members of your party are
in possession of all necessary travel and health documents, and in compliance
with any other immigration requirements, before you travel. If you or any
member of your party is not a Singapore Citizen or holds a non-Singapore Passport,
you must check passport and visa requirements with the embassy or consulate of
the country(ies) you are travelling to or through. Neither we nor the Suppliers
assume any responsibility for any loss incurred if you cannot travel because
you have not complied with any passport, visa or immigration requirements.]
Please ensure that all your travel, passport,
visa and insurance documents are in order and that you arrive in plenty of time
for checking in at the airport. It may be necessary to reconfirm your flight
with the airline prior to departure.
23.
Notices
All notices / communications shall be given to
us by email to support@secretescapes.com.sg Such notice will be deemed received 3 days
after posting if sent by first class post, and the day of sending if the email
is received in full on a business day and on the next business day if the email
is sent on a weekend or public holiday.
24.
Law and Jurisdiction
These Terms and Conditions and the relationship
between you and Secret Escapes shall be governed by and construed in accordance
with the laws of Singapore (in relation to contractual and non-contractual
matters). Both Secret Escapes and you agree to submit to the exclusive
jurisdiction of the Courts of the Republic of Singapore in the event of any
dispute that arises between us (whether of a contractual or non-contractual
nature) arising out of or in connection with your access and/or use of this
Website.
Notwithstanding anything herein, these Terms and
Conditions shall be read subject to any applicable laws and in the event of any
inconsistency between these Terms and Conditions and the applicable laws, the
applicable laws shall prevail to the extent of such inconsistency.
25.
Force Majeure
Any delay in or failure of performance by Secret
Escapes under these Terms and Conditions shall not be considered a breach of
these Terms and Conditions and Secret Escapes shall be excused from performance
to the extent that such delay or failure is caused by any occurrence beyond the
reasonable control of Secret Escapes including, but not limited to, acts of
God, power outages, natural disaster, closure of airspace and governmental
restrictions, adverse or severe weather conditions, strikes, civil unrest or
threat thereof, and war or threat thereof.
26.
Payment Terms
26.1.
Bills and Payments
We only accept payments by credit or debit card
or via Pay Pal. For your convenience and in order to safeguard your payment
information all payments are transacted through the secure server of our
on-line payment processing provider and once you have entered all relevant
information correctly payments will be taken automatically. Invoices are
immediately sent to you by E-mail and may be accessed at any time via your
Account.
We take your personal privacy and financial
security extremely seriously - see our Privacy Policy for more information.
26.2.
Payment Terms
When paying bills, time is of the essence and we
ask you to ensure that your card details are valid and that you have sufficient
funds available.
In the event that a payment
fails we will ask you to provide updated payment details. We may temporarily
suspend your Account if an amount remains unpaid for more than 14 days. We
reserve the right to charge interest at a rate of 4% per annum over the Singapore Interbank Offered Rate (SIBOR) or another reference interest rate
that we may choose on all
amounts that remain outstanding 30 days after the issue of our invoice.
27.3 Refunds and Cancellations
If you have any query about an amount that has
been charged by us to your card, please
contact us straightaway. In the event that we find a payment has been taken in
error we will refund the amount immediately to your credit or debit card.
Refunds are at the sole discretion of Secret
Escapes.
27.
Changes to these Terms and Conditions
Secret Escapes reserves the right to make
changes to these Terms and Conditions as it deems appropriate from time to
time, or as may be required by law. Any changes will be immediately posted on
the Website and you are deemed to have accepted the amended Terms and Conditions on your first
use and/or access of the Website following the alterations. In the event that
there are any material changes to these Terms and Conditions, Secret Escapes
will use reasonable endeavours to advise you of the changes that have been made
but it is your responsibility to check regularly for updates to these Terms and
Conditions. Each version of these Terms and Conditions shall be effective on
the date from which the amended Terms and Conditions are posted on the Website.
Unless stated otherwise, these Terms and Conditions shall apply to your use
and/or access of the Website and the Service.
28.
Entire relationship
28.1.
These Terms and Conditions and any documents or policies referred to
herein shall govern the entire relationship between you and Secret Escapes to
the exclusion of any other terms.
28.2.
It is not the intention of the parties to these Terms and Conditions to
confer any rights or benefits on any third parties by virtue of these Terms and
Conditions and accordingly the Contracts (Rights of Third Parties) Act (Cap.
53B of Singapore) shall not apply to these Terms and Conditions.