Conditions of Booking
1
conditions of booking
between
MARKETING EDINBURGH LIMITED, a company incorporated in Scotland (Company No.SC392580) and having its registered office at 26 Frederick Street, Edinburgh, EH2 2JR, trading as MARKETING EDINBURGH LIMITED
and
The Delegate who is using the service provided by MARKETING EDINBURGH , identified as the Delegate on the Accommodation Booking Form (the “Delegate”).
1Definitions and Headings
1.1In these Conditions, references to "we", "us" and "our" are to MARKETING EDINBURGH and references to "you" and "your" are to the Delegate.
1.2In these Conditions:-
1.2.1"Accommodation" means the hotel accommodation specified by you in this Booking Form;
1.2.2"Additional Charges" means any charges incurred by you for any goods or services supplied by the Hotel Operator at your request, which are not included in the Price, being in addition to the cost of the Accommodation;
1.2.3"Allocation" means the Hotel accommodation which the Event Organiser has requested us to provisionally reserve for the Event as detailed in the Delegate Information;
1.2.4"Arrival Date" means the arrival date stated on this Booking Form;
1.2.5"this Booking Form" means the booking form (which incorporates these Conditions) which you will complete and submit on the Website to reserve the Accommodation;
1.2.6"Cancellation Charge" means the appropriate charge for cancellation of the reservation of the Accommodation as set out in Clause 7;
1.2.7"Conditions" means the standard terms and conditions specified in this document;
1.2.8"Contract" means the contract in terms of which we will reserve the Accommodation on your behalf and which will be concluded on the basis of the terms of this Booking Form and the issue of an acknowledgement in Writing to you by us in terms of Clause2;
1.2.9"Delegate Information" means the information for the Event which is available on the Website;
1.2.10"Departure Date" means the departure date stated on this Booking Form;
1.2.11"DPA" shall mean the Data Protection Act 1998;
1.2.12"Event" means the event identified on this Booking Form, which is being organised by the Event Organiser;
1.2.13"Event Organiser" means the event organiser identified in the Delegate Information;
1.2.14"Hotel" means the hotel(s) described, or referred by reference to, in this Booking Form;
1.2.15"Hotel Operator" means the owner of the Hotel who is to provide the Accommodation;
1.2.16"Personal Data" has the meaning given in the DPA;
1.2.17"Price" means the price of the Accommodation (including breakfast) reserved by you in terms of the Contract;
1.2.18"Process" has the meaning given in the DPA;
1.2.19“Release Date” is the date falling 42 days before the date on which the Event starts;
1.2.20“Website” means the MARKETING EDINBURGH website url or such other website as may replace that website from time to time;
1.2.21“Working Days” are days on which MARKETING EDINBURGH is open for business being Monday to Friday 9am to 5pm (UK time) excluding public holidays; and
1.2.22"Writing" includes fax and email and “Written” shall be construed accordingly.
1.3Any reference in these Conditions to a statute or any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. Any reference to the singular shall include the plural (and vice versa) and a reference to one gender shall include all others.
1.4The headings of these Conditions herein contained are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or the interpretation of any Clauses of these Conditions.
2Basis of Contract
2.1If you wish us to reserve Accommodation for you, you must complete this Booking Form on the Website and send it to us by following the instructions on the Website.
2.2For the purposes of this Clause 2, where this Booking Form refers to a number of different hotels, you agree that this Booking Form contains separate instructions to us to reserve rooms in any of these hotels at the rates detailed in this Booking Form for the period from the Arrival Date and ending on the morning of the Departure Date. Where this Booking Form does not name a hotel but simply refers to a standard grade of hotel or similar, we are free to select an appropriate hotel which meets your criteria.
2.3When we receive your booking form, we will then use reasonable efforts to reserve the Accommodation on your behalf. Any reservation made by us on your behalf prior to the Release Date will be confirmed by us to you in Writing as soon as practicable afterwards.
2.4To be clear
2.4.1the Contract will be constituted by the terms set out in this Booking Form and will apply to the exclusion of any other terms of contract referred to by you. Until we receive your Booking Form the Contract will not have been concluded. If you do not receive an acknowledgement within a reasonable period of time after sending this Booking Form to us, please contact us;
2.4.2by sending this Booking Form to us, you are instructing us to reserve the Accommodation for you. Once we have done this, you will have a direct contract with the Hotel Operator and not us for the reservation of the Accommodation. This means that it is the Hotel Operator’s responsibility to provide you with the Accommodation and you pay the Price to the Hotel Operator and not to us;
2.4.3we cannot guarantee the availability of the Accommodation. You acknowledge that if the rooms are not available for reservation we will have no liability to you in such circumstances. Should this happen, we will notify you as soon as practicable afterwards; and
2.4.4any variation to the Contract must be agreed in Writing between you and us.
3Additional Facilities/ Services
3.1If you require any additional facilities or services you should notify these requirements to us in Writing at the time of booking. You acknowledge we cannot guarantee that the Hotel Operator will be able to accommodate your request. You understand that you may require to pay an Additional Charge for any additional facilities or services requested. If you do not request such additional facilities or services at the time of booking, neither we nor the Hotel Operator will be responsible for providing them.
4Late Bookings
4.1You acknowledge that if you make a booking after the Release Date, we will attempt to obtain the Price for the Accommodation set out in the Delegate Information, but we cannot guarantee that the Hotel Operator will be able to continue to offer these rates or availability.
5Honouring Reservations
5.1In the event any Hotel Operator fails to keep to any booking, properly made by you, we will use reasonable efforts to ensure that the Hotel Operator provides you with accommodation, free of additional charge, at a suitable hotel nearby. The suitability of any substitute accommodation will be decided by us, acting reasonably.
6Price and Commission
6.1The Price shall be as stated in the Delegate Information. We will use reasonable efforts to ensure that the Hotel Operator does not increase the Price. However, the Hotel Operator will be able to charge you an Additional Charge for any services or facilities you request which are not included in the Price.
6.2You understand that you pay the Price and any Additional Charges to the Hotel Operator and not to us, before the Departure Date, or the actual date of departure, whichever is later.
6.3You understand that the Hotel Operator will pay us commission on each booking we make on your behalf at the rate of 10% (including VAT) of the Price or any Cancellation Charge payable by you (the "Commission"). The Commission will be paid directly to us by the Hotel Operator.
7Cancellation and Amendment
7.1If you wish to cancel or amend your booking you must give Written notification in accordance with the requirements of this Clause. All cancellations will be dealt with by us in accordance with our cancellation policy detailed below at Clause 7.4.
7.2If you wish to cancel or amend your booking 6 calendar weeks or more before the Arrival Date you must notify us but if you wish to cancel or amend your booking less than 6 calendar weeks prior to the Arrival Date, please notify the Hotel Operator directly and let us know as well.
7.3Should you wish to amend your booking, you understand that we cannot guarantee that the Hotel Operator will be able to accommodate your request.
7.4You understand that if you wish to cancel or amend your booking you may incur a charge of one night's Accommodation (including any applicable tax) at the agreed nightly rates for the room concerned if you cancel the reservation less than 24 hours before 10am on the Arrival Date as shown on this Booking Form.
7.5You also understand that if you cancel your booking or shorten the length of your stay by bringing forward your Departure Date after 10am on the Arrival Date you will be liable to pay a charge equal to the price of the Accommodation (including any applicable tax) at the agreed nightly rates for the room concerned for the full period of stay for which you were booked prior to the changing your booking.
7.6Where the Hotel Operator is properly entitled to charge a Cancellation Charge, you understand that this will be deducted from your debit/credit card. Where you have paid for your Accommodation in advance, the Hotel Operator will deduct the Cancellation Charge from the amount you have paid and will pay any excess back to you.
8Standard of Accommodation
8.1We will reasonably try to ensure that all the accommodation detailed in the Delegate Information is of a satisfactory standard. This will be judged by us acting reasonably.
8.2All the Hotel Operators detailed in the Delegate Information hold a valid and current VisitScotland Quality Assurance Award.
9Enquiries/Complaints
9.1In the first instance, all enquiries or complaints should be directed to the Hotel Operator.
9.2If you do not receive a satisfactory resolution to your enquiry or complaint from the Hotel Operator, then you should contact us in Writing.
10Data Protection
10.1We confirm that, at all times, we shall comply with the DPA, including but not limited to, maintaining a valid and up to date registration or notification with the Office of the Information Commissioner under the DPA covering our Processing of your Personal Data under this Contract. Further information on the DPA can be obtained from
10.2In order to provide you with our services, we require to collect Personal Data about you, such as your name, contact details, email addresses and details of your debit/credit card. You confirm that the Personal Data you provide us with in this Booking Form is correct, accurate and up to date. You undertake to notify us if any of this information changes or if you become aware that any of the information is inaccurate.
10.3Your Personal Data will be forwarded to the Hotel Operator so we can make the booking on your behalf and it may be disclosed to the Event Organiser. You expressly consent to your Personal Data being used in this way.
10.4We follow strict security procedures in the storage and disclosure of Personal Data in order to ensure compliance with all applicable legal requirements. All Personal Data will be held in the strictest of confidence and used only for the purposes for which we collect it. We take all reasonable measures to prevent unauthorised access to Personal Data.
10.5The terms of this Clause 10 shall survive termination of the Contract.
11Liability
11.1To be clear, when we notify the Hotel Operator of your reservation you will have a direct contract with the Hotel Operator and not us. You understand that we will not be liable for the performance or non-performance of this contract by the Hotel Operator.
11.2To the fullest extent permitted by law, we shall not be liable to you for any representation (unless fraudulent), under contract (including the express provisions of the Contract), in delict (including negligence or breach of duty) or otherwise, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by our negligence, our employees or agents or otherwise) which arise out of or in connection with the provision of Accommodation. Our entire liability under or in connection with the Contract shall not exceed the Commission which is actually received, or would have been received, by us on the Price or Cancellation Charges which you have paid, or would have paid, to the Hotel Operator in terms of this Booking Form.
11.3The terms of this Clause shall survive termination of the Contract.
12Assignation
12.1The Contract is personal to you and you may not assign or transfer, or claim to assign or transfer to any other person, any of your rights or sub-contract any of your obligations under the Contract without our prior Written consent.
13Termination
13.1We may terminate the Contract at any time by giving you 7 days notice in Writing.
13.2We may, at any time upon serving notice in Writing to you, terminate the Contract with immediate effect in the event that:-
13.2.1you materially breach any of your obligations under the Contract. Where the material breach is capable of being remedied, the Contract may only be terminated where you have failed to remedy the breach within 7 days after being asked in Writing to do so by us. Furthermore, we may terminate the Contract immediately in the case of a material breach by you of your obligations under the Contract where the material breach has occurred 2 times or more previously (whether or not the previous breaches were cured;
13.2.2you become a patient as defined by Section 125 of the Mental Health (Scotland) Act 1984 or as defined by Section 145 of the Mental Health Act 1983;
13.2.3you commit any criminal offence (other than a road traffic offence not involving a custodial sentence).
13.3Any termination to the Contract under this Clause 13 shall be without prejudice to any other rights or remedies we may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party or the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
14Force Majeure
14.1Should any event beyond either party's control, such as acts of God, war, curtailment or interruption of transport facilities, threats or acts of terrorism, travel restrictions issued by any government or civil disturbance, that make it illegal or impossible or contrary to government advice for that party to perform its obligations under the Contract, such party may terminate the Contract without liability upon Written notice to the other party.
15General
15.1If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
15.2All notices shall be given:
15.2.1to us via e-mail at or by fax to (+44) (0) 131 473 3878
15.2.2to you at either the e-mail or postal address or fax number you provide to us on this Booking Form.
E-mails and faxes will be deemed received when they are received by the recipient (or at the start of the next Working Day if they are received by the recipient outside a Working Day). Notices sent by post will be deemed received by a recipient 3 Working Days after the date of posting.
16Law and Jurisdiction
16.1The Contract shall be governed by the laws of Scotland, and you agree to submit to the exclusive jurisdiction of the Scottish courts.