Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE AGREEING TO THEM, THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS.
We refer you in particular to the section headed Liability
If you are unclear or uncertain about anything in these terms and conditions please contact us with any queries:
By phone: 0191 222 9701 by post 124-130 Northumberland Street, Newcastle upon Tyne, Tyne & Wear, NE1 7DG by email piggybank@travelco.co.uk
Our usual hours of business are: Monday to Friday from 9.00 am to 5.30pm.
Definitions
| "Account" |
account opened by the Account Holders; |
| "the Account Holders" |
the couple who have opened an Account with us on the Website; |
| "Guest" |
the person contributing funds to the Account; |
| "Service" |
the collection of money by us from the Guest on behalf of the Account Holders and the deposit of this money to the Account; |
| "Terms and Conditions" |
these terms and conditions; |
| "Website" |
holidaypiggybank.co.uk and/or holidaypiggybank.com; |
| "We/us" |
Dawson and Sanderson Limited (company number 741833) whose registered office is at 124-130 Northumberland Street, Newcastle upon Tyne, Tyne & Wear, NE1 7DG. VAT Registration number is 177 9838 90; |
| "Working Day" |
all days other than Saturdays, Sundays and public holidays; |
| "you" |
both the Account Holders and the Guest. |
1. Use of the Website and Our Dealings with You
1.1 By accessing this Website and/or using the Service you agree that you have read, understood and agree to be bound by the following Terms and Conditions of business.
1.2 By using the Service you confirm that all information provided by you is true, accurate and complete and you will notify us of any changes as soon as possible.
1.3 You agree to use the Service for lawful purposes only and agree not to post any content on the Website which is abusive, vulgar, obscene, hateful, fraudulent, threatening or defamatory.
1.4 You must be over sixteen years of age.
1.5 We may suspend or cancel the Account immediately at our reasonable discretion if you breach any of your obligations under these Terms and Conditions.
1.6 The Account Holders are responsible for maintaining the confidentiality of the password and any activities that occur under the Account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by the Account Holders to protect your password.
2. Accounts
2.1 There are no charges for opening or the administration of the Account, but we reserve the right to amend this in the future, any change will be notified by e mail with 28 days notice before any change is implemented.
2.2 Payments can be made into the Account by the Account Holders and any Guests using the secure online payment system.
2.3 There are no minimum or maximum contributions to the Account.
2.4 The money remains in our bank account until the Account Holders wish to transfer it to a holiday booking with us. Thereafter the terms and conditions of the holiday company, tour operator and/or airline come into force.
2.5 The closing date for contributions is the responsibility of the Account Holders.
2.6 A deposit amount (determined by the tour operator/s the Account Holders are booking through) will be due at the time of booking, unless the reservation is made after the balance due date then payment will be due in full. If insufficient funds have been collected on the Account by the deposit date or the balance due date it will be the responsibility of the Account Holders to ensure the holiday is paid in full and on time. The Account Holders will need to authorise us to transfer their funds from the Account to pay a holiday balance.
2.7 Save as set out in clause 3.2 no monies can be refunded. Any monies left over or any additional payments that come into the Account after the full balance of the holiday cost is redeemed can remain in the Account for future holiday reservations or used at our foreign exchange. It can also be used to make reservations for another person provided we have the Account Holders prior written consent to do so.
2.8 The Account Holders will have control over the Account. They will be responsible for the transfer of funds to a holiday reservation and this cannot take place without the authorisation of the Account Holders.
2.9 Account holders will not be able to see the bank account details of any of the Guests putting funds into the Account.
2.10 The Account Holders may continue to make payments into the Account at any time and have the option of regular saving by Direct Debit.
2.11 If an Account remains dormant (no activity whatsoever) for 18 months after the date it was opened the Account Holder will be contacted by e mail, if no response after 28 days it will be closed and any funds will remain the property of Dawson and Sanderson Limited.
2.12 In the event of cancellation of the holiday, any refunds will be returned back to the Account and the provisions of clause 2.7 shall apply. The tour operator/s cancellation charges will apply as per the booking terms and conditions. We are not responsible for returning any gift funds to the Guests.
2.13 The Account can only be used to pay for the holiday as booked and cannot be used towards other additional expenses such as food, drink etc.
3. Your Right to Cancel
3.1 If the Account Holders change their mind with respect to this agreement with us to provide the Services, the Account Holders shall have seven Working Days, beginning with the day after the day on which the contract was concluded, to e-mail us at piggybank@travelco.co.uk to cancel the agreement.
3.2 Guests shall have seven Working Days, beginning with the day after the day on which the contribution was concluded, to e-mail us at piggybank@travelco.co.uk to cancel the agreement PROVIDED THAT the funds have not been transferred from the Account by the Account Holders. In such circumstances we will return the full contribution paid within 20 Working Days. Any credit-card processing fees charged will not be refunded.
4. Confidentiality
We observe a strict duty of confidentiality with respect to the Account Holders and Guest's financial affairs. We will not disclose your personal details including full name and address to anyone else, other than to any agents acting on our behalf who are also bound by the same strict duty of confidentiality as we are, except in the four cases permitted by law. These are: - where we are legally compelled to do so; - where there is a duty to the public to disclose; - where our legitimate interests require disclosure; - where disclosure is made at your request or with your request.
5. Variation
We reserve the right to amend these Terms and Conditions for the time being applicable to you. We will notify you should there be a change in the terms and conditions which affect the Service. We will always give you at least 10 Working Days notice.
6. Data Protection
We will respect the privacy of your data which you supply to us in accordance with our privacy policy. You agree to keep your data accurate and up to date and promptly send us any new or revised data. You acknowledge and agree to be bound by the terms of the privacy policy.
7. Applicability of Online Materials
7.1 Unless otherwise specified the materials published on our Website are presented solely for your private, personal and non-commercial use.
7.2 Our Website is controlled and operated by us from our offices at 124-130 Northumberland Street, Newcastle upon Tyne, Tyne & Wear, NE1 7DG. Where content published on the Website is supplied by third parties, you understand that we do not control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content. You assume total responsibility and risk for your use of our Website and use of all information contained within it.
7.3 We have used our reasonable endeavours to ensure that our Website complies with UK law. However, we make no representations that the materials on our Website are appropriate or available for use in locations outside the United Kingdom.
8. Copyright and Monitoring
The contents of our Website are protected by international copyright laws and other intellectual property rights. The owner of these rights is Dawson and Sanderson Limited or other third party licensors. All product and company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners, including us. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
9. Linked Sites
We make no representations whatsoever about any other websites which you may access through our Website or which may link to our Website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
10. Availability of our Website
We will try to make our Website available but cannot guarantee that our Website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, web site, router or any other internet connected device.
11. Liability
11.1 Access to this Website is entirely at your own risk. We will do our best to ensure that all materials and information published on our Website are accurate, but please note that all materials and information on our Website are provided on an as is basis without warranty of any kind, either expressed or implied.
11.2 We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our Website or its contents, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person.
11.3 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
11.4 The limitations and exclusions in this clause only apply to the extent permitted by applicable law.
12 Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be selected by you to create an Account. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorised use of them or any other breach of security regarding our web site that comes to your attention. We reserve the right to change your username and password if we believe that it is no longer secure.
13 Force Majeure
We will not be liable to you for any failure or delay in the performance of an obligation required under these terms and conditions if such failure or delay is caused by circumstances beyond our reasonable control such as (but not limited to) strike, riot, war, fire, flood, natural disaster or other similar event beyond our reasonable control.
14 Notices
All notices shall be given:
(a) to us via email at piggybank@travelco.co.uk or post to Dawson & Sanderson Limited, 124-130 Northumberland Street, Newcastle upon Tyne, Tyne & Wear, NE1 7DG or (b) to you at either the e-mail or postal address you provide during any booking process.
Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
15 General
We may assign, novate or subcontract any or all of our rights and obligations under these Terms and Conditions at any time.
These terms and conditions together with the privacy policy are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions and privacy policy.
If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
These terms and conditions and your use of our web site are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
Use of this website from outside the UK: Unless otherwise specified, the materials on this Website are directed solely at those who access this website from the United Kingdom mainland. We make no representation that any goods and/or services referred to in the materials on this Website are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.
Failure by either party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy.
If you are a consumer these Terms and Conditions do not affect your statutory rights.
16 Consumer protection
Payments made to holiday piggy bank prior to making a travel arrangement are not held in trust. We suggest payments of over £100 are made by credit card which will protect your money under section 75 of the consumer credit act.
Once travel reservations have been made all monies are fully protected. We are members of both ABTA The Travel Associations (ABTA 24664), the International Air Transportation Association (IATA 91211945).
All the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme.
When you pay you will be supplied with an ATOL Certificate. Please ask for it and check to ensure that everything you booked (flights, hotels and other services) is listed on it. Please see our booking conditions for further information or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate