Secret Escapes – Booking Terms and Conditions
These terms and conditions, together with the Privacy Policy and the Website Terms of Use (collectively, the "Terms and Conditions") set out the terms on which Secret Escapes Limited ("Secret Escapes", "we", "us" or "our") provides travel arrangements through our website (www.secretescapes.com), over the telephone, on any app we release or otherwise (collectively, the "Services").
Agency bookings: Sections A and B of these Terms and Conditions apply to the sale of accommodation only, flight only, third party package holidays ("Third Party Package Holidays") and all other travel arrangements ("Travel Offer(s)") made available for sale through the Services where we act as an agent on behalf of the third party travel provider ("Travel Provider(s)").
SECTION A – APPLICABLE TO ALL BOOKINGS
1. WELCOME TO SECRET ESCAPES
1.1 Secret Escapes is an exclusive members' only travel club that promotes and advertises exclusive deals on Travel Offers.
2. YOUR RELATIONSHIP WITH US
2.1 Please read these Terms and Conditions carefully before booking with us. These Terms and Conditions govern your relationship with us in respect of your use of the Services and how bookings that you wish to make are processed by Secret Escapes. It is important that you read and understand the Terms and Conditions before using the Services. If there is anything within the Terms and Conditions that you do not understand, then please contact us on the details given in paragraph 20 below to discuss what this means for you.
2.2 By setting up an account or otherwise using or accessing the Services you agree to these Terms and Conditions in relation to any Travel Offer you buy. In addition, when you make a booking, you will be invited to agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Services or make a booking.
2.3. Secret Escapes does not itself own or provide any of the services, facilities or travel arrangements which make up your Travel Offer. These are provided by third parties i.e. the Travel Providers.
2.4 The lead name on the booking will be the person responsible for the booking (the "Lead Name"). The Lead Name shall be responsible for paying the deposit and the full price, for making any amendment and cancellation requests, for the payment of any additional charges in relation to such requests and for all other matters concerning the booking, in accordance with these Terms and Conditions. The Lead Name also confirms that the details provided for all other parties to the booking are full and accurate, that those other parties agree to be bound by these Terms and Conditions and that the Lead Name has the authority to accept and does accept these Terms and Conditions on behalf of all persons in the booking. The Lead Name must be at least 18 years old at the time of booking.
2.5 The Lead Name agrees to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports (where relevant) of those travelling under the booking.
3. INFORMATION ABOUT US
3.1 Secret Escapes Limited is a company registered in England under company number 07026107. Our registered office is at 4th Floor, 120 Holborn, London EC1N 2TD. Our VAT number is GB103138366.
4. ACCOUNT AND MEMBERSHIP
4.1 To access the Services, you must register with us and set up an account (your "Account").
4.2 You may set up your Account with an email address and password or connect to the Services and create an Account using a social media account (e.g. Facebook) identified in the sign up stage.
4.3 If you create your Account using an email and password, we encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols). You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us on the details given in paragraph 20 below straight away to let us know.
4.4 If you create your Account using a social media service you give us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service as set out in our Privacy Policy.
4.5 Once you have created your Account and we have informed you of this, you become a member of Secret Escapes (a "Member").
4.6 You must be at least 18 years of age and capable in your country of residence of entering into a legally binding agreement to become a Member.
4.7 In the event that you breach these Terms and Conditions, Secret Escapes may suspend or terminate your access to the Services and your Account. If your access is suspended or terminated you must not attempt to use the Services under any other name or by using the access credentials of another person even where you have the permission of that person to do so.
5. AVAILABILITY
5.1 Secret Escapes allows Members to make bookings for the Travel Offers advertised on the Services. Secret Escapes does not guarantee that any Travel Offer will remain available for any period of time on the Services.
5.2 All bookings for the Travel Offers are subject to availability at the time of booking. We will inform you as soon as possible after placing a booking if, for any reason, the Travel Offer you have sought to book through the Services is not available.
6. INCENTIVE PROGRAMMES
6.1 From time to time we run incentive programmes whereby if you take certain actions (such as inviting your friends or social media contacts to join Secret Escapes) you may be able to earn credit to spend on Secret Escapes (“Incentive Programmes”).
6.2 There is no limit to the amount of Secret Escapes credit you can acquire. In fact, we would love you to tell all of your friends about us. However, if you try and gain additional Secret Escapes credit through falsifying accounts or creating multiple fake accounts, then this will not be considered valid and such credits will be cancelled when detected.
6.3 If you gain credit through an Incentive Programme for booking a holiday through the Service 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 will be automatically deleted.
7. EXCURSIONS
7.1 It may be possible for you to book a local excursion during your holiday, such as a local tour, experience, concert, activity, sports or adventure experience. These will be bookable and payable by you locally. You will be entering into a contract directly with the excursion provider and so it will not form a part of your holiday booked through the Services. They will be provided by third parties over whom we have no control or relationship with. We do not have any responsibility for their provision, nor do we accept any liability if you suffer loss or damage whilst on a local excursion.
7.2 It may also be possible for you to book an excursion as part of your holiday at the time of booking. In that case, the excursion provider will be treated as a Travel Provider and paragraph 7.1 above shall not apply.
8. RESOLVING DISPUTES
8.1 If you are unhappy with any aspect of the Travel Offer that you have booked through the Services and wish to complain, then please raise this with the relevant Travel Provider directly at the time so that they can try to address any issues raised by you during the course of your holiday. It is important you advise us as well as the Travel Provider so we can both help to put things right without delay. We believe it is better for everyone to resolve problems that arise during your holiday promptly so that you can enjoy your holiday. Please see our FAQs for further details on how to complain directly to a Travel Provider.
8.2 However, if you have a dispute with Secret Escapes, in the first instance please contact us at the details given in paragraph 20 below and attempt to resolve the dispute with us informally.
8.3 In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.
8.4 You may also wish to refer to the EU online dispute resolution platform (ODR) by clicking here. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
8.5 Please note that a failure to advise us/Travel Providers of problems whilst on holiday, as described above, deprives both us and the Travel Providers of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract including reducing any compensation due, potentially to zero.
9. INSURANCE
9.1 It is important that you have sufficient insurance in place to cover you (and your group) whilst you are away and it is a condition of your booking that you have such suitable insurance cover in place. Please ensure that you have a valid travel insurance policy in place from the time of booking, to cover you for the countries and activities you may be undertaking on your holiday.
10. TRAVEL INFORMATION AND FLIGHTS
10.1 Please note that we can provide general information about the passport and visa requirements for your trip, but 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 on 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 accept liability for any decisions made on the basis of the information supplied.
10.2 The passport, visa and health requirements at the time of booking can be viewed on the Department of Foreign Affairs and Trade website (https://www.dfa.ie/travel/travel-advice/). 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. Neither we, nor the Travel Providers, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
10.3 If you or any member of your party is not an Irish Citizen or holds a non-Irish Passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) you are travelling to or through.
10.4 (Where applicable) 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.
11. YOUR BEHAVIOUR
11.1 It is important that you behave responsibly and with consideration for others during your holiday. Accordingly, to the extent that one of our Travel Providers believes that your actions could or have caused disruption or annoyance, or a risk of safety, or damage to property, to us, our Travel Providers or other customers, or if it is believed that you are not fit to travel, then the Travel Providers may cancel your Travel Offer without further liability to you. In these circumstances, the cancellation provisions of paragraph 27 below shall not apply.
11.2 In the event that your behaviour causes loss or damage to any person or property for which we are liable, you agree to compensate us for such loss and damage, together with any legal costs which we may incur in pursuing this claim against you.
12. EVENTS OUTSIDE OUR CONTROL
12.1 In these Terms and Conditions, where we refer to "Unavoidable and Extraordinary Circumstances", it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken.
12.2 This may cover for example warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination, as well as industrial disputes (whether or not involving our employees), or acts of local or central Government or of any other competent authorities.
12.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a booking that is caused by any Unavoidable and Extraordinary Circumstances.
13. EACH OF THESE TERMS OPERATES INDEPENDENTLY
13.1 Each of the paragraphs of these Terms and Conditions operates separately. If any court or any other relevant authority decides that any of these paragraphs (or any part therein) are unlawful or unenforceable, the remaining paragraphs (and parts therein) will remain in full force and effect.
14. ENTIRE AGREEMENT
14.1 These Terms and Conditions, your booking confirmation and the relevant Travel Provider(s)' terms and conditions set out the written terms of our contract with you for the provision of the Services. You are not relying upon any other statement, promise or assurance in relation to your booking.
15. UPDATING THESE TERMS AND CONDITIONS
15.1 We may modify or update these Terms and Conditions from time to time at our sole discretion and for reasons including (without limitation):
(a) changes in how our business operates;
(b) changes in the legal or regulatory requirements that we must comply with; or
(c) changes in how we accept payment from you.
15.2 We will notify you of any material changes to these Terms and Conditions either using the usual method of communication we use to contact you or using a notice on our website or app. For the avoidance of doubt, this does not apply to confirmed bookings.
16. RIGHTS OF THIRD PARTIES
16.1 Any contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
17. TRANSFER OF OUR RIGHTS
17.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the contract.
18. NO WAIVER
18.1 If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you immediately, we can still require you to make the payment at a later date.
19. LAW AND JURISDICTION
19.1 These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
19.2 You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
19.3 If you are a resident of an EU country other than England and Wales, you may also bring proceedings in your country of residence under the laws of that country.
20. CONTACT US AND CONTACTING YOU
20.1 If you have any queries about these terms, please contact us through our online form, send us an email at pigsback@secretescapes.com or contact us on the phone: 0207 887 2772 (8am - 8pm GMT, seven days a week). We’ll be here to help.
20.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your booking.
SECTION B – APPLICABLE TO ALL AGENCY BOOKINGS
21. SECRET ESCAPES ROLE AS AGENT FOR TRAVEL PROVIDERS
21.1 We act as an agent for the Travel Providers whose Travel Offers are featured on the Services. This means that we act on behalf of the Travel Providers and provide a platform through which you can enter into a contract with the Travel Providers for the provision of the Travel Offers.
21.2 For the avoidance of doubt, 'Travel Offers' includes the provision of package holidays, organised or combined by third party Travel Providers ("Third Party Package Holidays"). For such bookings, Secret Escapes does not directly enter into a contract with you to provide any Third Party Package Holiday or Travel Offer you purchase.
21.3 We do not act as an agent for you in relation to negotiating or concluding any contract between you and any Travel Provider. Your contract for the Travel Offer is with the Travel Provider. As such, these Terms and Conditions govern your use of our Services but the provision of the Travel Offers you purchase will be subject to the terms and conditions displayed on the Travel Offer page, any additional booking conditions made available to you just before you pay for a Travel Offer through the Services and the terms and conditions of the Travel Provider (the "Offer T&Cs").
21.4 By using the Services to purchase a Travel Offer from a Travel Provider, you agree to the Offer T&Cs and you agree that you are contracting directly with the Travel Provider in relation to the Travel Offer purchased.
21.5 Secret Escapes does not itself own or provide any of the services, facilities or travel arrangements which it sells through the Services. These are all provided by the Travel Providers. If, after purchasing a Travel Offer, you have any queries or concerns about the Travel Offer, please contact the Travel Provider directly.
21.6 As your contract for the Travel Offer will be between you and the Travel Provider, we will not be in any way responsible for the delivery of the Travel Offer. As such, we do not accept any responsibility or liability for any loss you suffer as a result of availing yourself of the Travel Offer.
22. BOOKING TRAVEL OFFERS
22.1 You can book Travel Offers from Travel Providers by following the process outlined in the Services. All bookings are subject to acceptance by the Travel Providers. A contract will only come into existence between you and the Travel Provider(s) when you have paid the price payable on booking and we have issued you with a booking confirmation on behalf of the Travel Providers. You acknowledge that by booking with a Travel Provider you will be under an obligation to pay for the Travel Offer booked by you. We will charge your chosen payment method after we accept your booking. The Travel Provider will send you a further email when your booking has been processed confirming the details of the Travel Offer booked, including all relevant confirmation documentation as may be required if you have booked a Third Party Package Holiday with a Travel Provider.
22.2 If we are unable to accept your booking because, for example, there are no more vacancies remaining on your chosen dates, or because of an error in the price (see paragraph 23 below) we will inform you of this by email and we will not process your booking. If you have already paid for the Travel Offer (or any part of it) we will arrange for monies paid to be refunded to you in full as soon as possible.
22.3 The booking process on the Services allows you to check and amend any errors before submitting your booking for a Travel Offer. Please take the time to read and check your booking at each stage of the booking process.
22.4 Please make sure that you (and any travel companions) are eligible for any Travel Offer and are able to travel on the dates for which you have booked the Travel Offer before making a booking.
22.5 If you (or any travel companions) have any special requests you must let us know during the booking process. Secret Escapes will attempt to pass on all reasonable requests to the Travel Providers, but we cannot guarantee that such requests will be met by the Travel Providers. Secret Escapes does not accept bookings that are conditional on the fulfilment of a special request.
22.6 If you have a medical condition which may affect your booking, please let us know before making a booking so we can find out if the Travel Offer is suitable before you make a booking.
22.7 You must keep the contact details we hold for you up-to-date so that either we or the Travel Provider can contact you if necessary about your Travel Offer.
22.8 Once your booking request has been accepted by the Travel Provider and this has been communicated to you by us, acting as agent for the Travel Provider, and you have paid for your Travel Offer, Secret Escapes will send you an email booking confirmation setting out the details of the Travel Offer and the Travel Provider(s) supplying the Travel Offer. This email confirms receipt of your booking and payment and contains all details of your Travel Offer. In the case of Third Party Package Holiday Travel Offers the Travel Provider will send you a separate email or postal correspondence including your travel voucher and any other necessary information regarding your Third Party Package Holiday. In such cases, our booking confirmation merely confirms receipt of your payment for the Travel Offer and details of the dates your Travel Offer has been booked for and will let you know that the Travel Provider will contact you. The Travel Provider will then issue you with confirmation documentation providing details about the Third Party Package Holiday Travel Offer you have booked within three days of the booking being made and you having received your booking receipt email.
22.9 When you receive documentation for your Travel Offer, please ensure you check that all personal details are correct and in the event that the Travel Offer involves travelling abroad, that they match the names and ages on the passport(s). If this is not the case, please contact the Travel Provider as soon as possible.
22.10 In the event that tickets and/or travel documents do not arrive by post or email, Secret Escapes will not be responsible. Please contact the Travel Provider identified in the booking receipt email directly should you not receive these documents.
23. PRICE OF TRAVEL OFFERS
23.1 The price of any Travel Offer will be as quoted on the Services, except in cases of obvious error. The price of a Travel Offer includes VAT, together with any other relevant taxes such as Air Passenger Duty (where it applies).
23.2 The advertised price of any Travel Offer may change from time to time and we will inform you of the actual price at the time of booking.
23.3 Due to the large number of Travel Offers on the Services, it is always possible that some of the Travel Offers listed on the Services may be incorrectly priced, despite our reasonable efforts to make sure that they are accurately priced. We will normally verify prices with Travel Providers as part of our booking-handling procedure so that, where a Travel Offer’s correct price is less than the stated price, we will charge the lower amount when accepting the booking from you, as agent for the Travel Provider. If the Travel Offer’s correct price is higher than the price stated on the Services, we will normally, and at our discretion, either contact you for instructions before processing your booking, or reject your booking on behalf of the Travel Provider and notify you of the rejection.
23.4 Please note that the Travel Provider is under no obligation to agree to supply the Travel Offer to you at the incorrect (lower) price, even after we have sent you a booking confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
24. BOOKING FEE
24.1 We may charge a booking fee for providing you with the Services which includes the platform we provide for you to purchase the Travel Offer from the Travel Provider. The booking fee will be set out with the other payment details on the final page before you pay for the Travel Offer you wish to purchase. You can find out more about the booking fee in our FAQs.
24.2 You agree that by making a booking with a Travel Provider through our Services you are under an obligation to pay us the booking fee.
25. PAYMENT
25.1 We act as a payment agent for the Travel Provider. We accept payment from you on behalf of the Travel Provider using the payment methods listed on the Services. You must pay for the Travel Offer by the date(s) set out in your booking confirmation. If any sum is not paid in full by the due date, we may cancel your booking on behalf of the Travel Provider immediately and the Travel Provider may charge you a cancellation fee. If you have already made a payment to us in respect of that Travel Provider, we may on behalf of the Travel Providers deduct the cancellation fee from the payment already made to us before returning the balance to you or, where that payment is not sufficient to meet your liability to the Travel Provider, you agree to pay the Travel Provider the additional sum.
25.2 By making a booking through the Services, you are confirming that the payment details provided on the booking are valid and correct. If any payment method is rejected, we may contact you requesting an alternative payment method or we may cancel your booking.
25.3 If you have any query about an amount that has been charged by us to your credit or debit card, please contact us straight away. 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.
25.4 Secret Escapes acts solely as an agent between the customer and the Travel Providers, and therefore cannot issue an invoice for a sale made by the Travel Providers. Secret Escapes does provide a booking confirmation which can be used as a receipt as it shows the amount paid at the time of booking. Secret Escapes are only able to provide a VAT invoice for your booking fee.
26. ALTERATIONS OR CANCELLATION BY YOU
26.1 Purchased Travel Offers cannot be changed by you nor can they be cancelled with a refund, unless otherwise stated in the Offer T&Cs.
26.2 Notwithstanding this, if a Member wishes to cancel or make a change to their purchased Travel Offer, then Secret Escapes may, at its sole discretion, use reasonable endeavours to assist a Member in the Member's attempts to liaise with the Travel Provider to arrange cancellation or make the required change. Secret Escapes gives no guarantee that any such attempts will be successful. The Travel Provider may charge a cancellation or amendment fee (as shown in their terms and conditions), which may be as much as 100% of the cost of the travel arrangements.
26.3 Any request for a change to a confirmed booking must be made by the Lead Name on the booking and we may require this to be confirmed to us by email.
27. CANCELLATIONS AND AMENDMENTS BY TRAVEL PROVIDERS
27.1 If a Travel Provider informs us of a change to your purchased Travel Offer, we will inform you. Most changes are minor changes, however, occasionally we have to notify Members of a significant change that a Travel Provider has made to a purchased Travel Offer. A significant change is a change made before the start of the Travel Offer which, taking account of the information given to us at the time of booking the Travel Offer and which the Travel Provider can reasonably be expected to know, the Travel Provider can reasonably expect to have a major effect on your purchased Travel Offer.
27.2 In the unlikely event of a Travel Provider cancelling or making a significant change to your purchased Travel Offer we will tell you as soon as possible. If there is time to do so before the start of your purchased Travel Offer, we will use reasonable efforts to seek (but cannot guarantee) to secure from the Travel Provider an offer to you of one of the following options (depending on the nature of the purchased Travel Offer):
(a) accepting the changed arrangements; or
(b) for Travel Offers other than Third Party Package Holidays: a choice of accepting an alternative reservation or cancelling your reservation together with a full refund of all monies you have paid. In the event of no alternative being available from the Travel Provider, they may instruct us to cancel the Travel Offer and give a full refund.
27.4 Where a Travel Provider cancels or makes changes to the purchased Travel Offer, Secret Escapes will not be responsible for any costs incurred by you.
27.5 In the rare cases that a Travel Provider cancels your booking after it has been accepted, you will be notified by the Travel Provider or Secret Escapes acting on the Travel Provider’s behalf. As Secret Escapes is an agent acting on behalf of Travel Providers, and your contract for the Travel Offer is with the Travel Provider, we will use reasonable endeavours to assist you in getting a refund or changing your dates. However, Secret Escapes will not be responsible for any costs associated with a cancellation by the Travel Provider.
28. HOLDING
28.1 There is a 'hold' functionality available for most of our Travel Offers. This function works by allowing Members to pay a EUR 25 fee to hold a particular date for a particular Travel Offer. 'Holding' a date for one instance of a Travel Offer does not constitute a booking; it simply prevents other Members from booking that specific instance of that Travel Offer. A hold is NOT a deposit on a Travel Offer and is not a guaranteed or confirmed Travel Offer.
28.2 In the event that a hold is cancelled by Secret Escapes due to that date being made unavailable by a Travel Provider, we will refund EUR 25 using the method used to pay for the hold. In the event that you do not proceed to make the booking by the end of the offer period for that Travel Offer, we will credit your Secret Escapes Account with EUR 25. In each situation, we will not be responsible or liable for any extra costs incurred by the Member (for example, if travel has already been booked separately).
29. YOUR FINANCIAL PROTECTION FOR AGENCY/TRAVEL OFFER SALES
29.1 All the Third Party Package Holidays we sell are protected by the third party package organiser (the Travel Provider). If you buy a single travel service then this does not apply.
30. OUR LIABILITY TO YOU FOR AGENCY SALES
30.1 If Secret Escapes fails to comply with these Terms and Conditions, we will be responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
30.2 The maximum loss or damage we will be responsible for under paragraph 30.1 is limited to the booking fee you paid us when using the Services to purchase a Travel Offer to which the loss or damage you suffer relates.
30.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other limitation that is excluded by law from time to time.
31.4 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or the Competition and Consumer Protection Commission (CCPC).
These Terms and Conditions were last updated on 31 May 2019.
These terms and conditions, together with the Privacy Policy and the Website Terms of Use (collectively, the "Terms and Conditions") set out the terms on which Secret Escapes Limited ("Secret Escapes", "we", "us" or "our") provides travel arrangements through our website (www.secretescapes.com), over the telephone, on any app we release or otherwise (collectively, the "Services").
Agency bookings: Sections A and B of these Terms and Conditions apply to the sale of accommodation only, flight only, third party package holidays ("Third Party Package Holidays") and all other travel arrangements ("Travel Offer(s)") made available for sale through the Services where we act as an agent on behalf of the third party travel provider ("Travel Provider(s)").
SECTION A – APPLICABLE TO ALL BOOKINGS
1. WELCOME TO SECRET ESCAPES
1.1 Secret Escapes is an exclusive members' only travel club that promotes and advertises exclusive deals on Travel Offers.
2. YOUR RELATIONSHIP WITH US
2.1 Please read these Terms and Conditions carefully before booking with us. These Terms and Conditions govern your relationship with us in respect of your use of the Services and how bookings that you wish to make are processed by Secret Escapes. It is important that you read and understand the Terms and Conditions before using the Services. If there is anything within the Terms and Conditions that you do not understand, then please contact us on the details given in paragraph 20 below to discuss what this means for you.
2.2 By setting up an account or otherwise using or accessing the Services you agree to these Terms and Conditions in relation to any Travel Offer you buy. In addition, when you make a booking, you will be invited to agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Services or make a booking.
2.3. Secret Escapes does not itself own or provide any of the services, facilities or travel arrangements which make up your Travel Offer. These are provided by third parties i.e. the Travel Providers.
2.4 The lead name on the booking will be the person responsible for the booking (the "Lead Name"). The Lead Name shall be responsible for paying the deposit and the full price, for making any amendment and cancellation requests, for the payment of any additional charges in relation to such requests and for all other matters concerning the booking, in accordance with these Terms and Conditions. The Lead Name also confirms that the details provided for all other parties to the booking are full and accurate, that those other parties agree to be bound by these Terms and Conditions and that the Lead Name has the authority to accept and does accept these Terms and Conditions on behalf of all persons in the booking. The Lead Name must be at least 18 years old at the time of booking.
2.5 The Lead Name agrees to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports (where relevant) of those travelling under the booking.
3. INFORMATION ABOUT US
3.1 Secret Escapes Limited is a company registered in England under company number 07026107. Our registered office is at 4th Floor, 120 Holborn, London EC1N 2TD. Our VAT number is GB103138366.
4. ACCOUNT AND MEMBERSHIP
4.1 To access the Services, you must register with us and set up an account (your "Account").
4.2 You may set up your Account with an email address and password or connect to the Services and create an Account using a social media account (e.g. Facebook) identified in the sign up stage.
4.3 If you create your Account using an email and password, we encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols). You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us on the details given in paragraph 20 below straight away to let us know.
4.4 If you create your Account using a social media service you give us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service as set out in our Privacy Policy.
4.5 Once you have created your Account and we have informed you of this, you become a member of Secret Escapes (a "Member").
4.6 You must be at least 18 years of age and capable in your country of residence of entering into a legally binding agreement to become a Member.
4.7 In the event that you breach these Terms and Conditions, Secret Escapes may suspend or terminate your access to the Services and your Account. If your access is suspended or terminated you must not attempt to use the Services under any other name or by using the access credentials of another person even where you have the permission of that person to do so.
5. AVAILABILITY
5.1 Secret Escapes allows Members to make bookings for the Travel Offers advertised on the Services. Secret Escapes does not guarantee that any Travel Offer will remain available for any period of time on the Services.
5.2 All bookings for the Travel Offers are subject to availability at the time of booking. We will inform you as soon as possible after placing a booking if, for any reason, the Travel Offer you have sought to book through the Services is not available.
6. INCENTIVE PROGRAMMES
6.1 From time to time we run incentive programmes whereby if you take certain actions (such as inviting your friends or social media contacts to join Secret Escapes) you may be able to earn credit to spend on Secret Escapes (“Incentive Programmes”).
6.2 There is no limit to the amount of Secret Escapes credit you can acquire. In fact, we would love you to tell all of your friends about us. However, if you try and gain additional Secret Escapes credit through falsifying accounts or creating multiple fake accounts, then this will not be considered valid and such credits will be cancelled when detected.
6.3 If you gain credit through an Incentive Programme for booking a holiday through the Service 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 will be automatically deleted.
7. EXCURSIONS
7.1 It may be possible for you to book a local excursion during your holiday, such as a local tour, experience, concert, activity, sports or adventure experience. These will be bookable and payable by you locally. You will be entering into a contract directly with the excursion provider and so it will not form a part of your holiday booked through the Services. They will be provided by third parties over whom we have no control or relationship with. We do not have any responsibility for their provision, nor do we accept any liability if you suffer loss or damage whilst on a local excursion.
7.2 It may also be possible for you to book an excursion as part of your holiday at the time of booking. In that case, the excursion provider will be treated as a Travel Provider and paragraph 7.1 above shall not apply.
8. RESOLVING DISPUTES
8.1 If you are unhappy with any aspect of the Travel Offer that you have booked through the Services and wish to complain, then please raise this with the relevant Travel Provider directly at the time so that they can try to address any issues raised by you during the course of your holiday. It is important you advise us as well as the Travel Provider so we can both help to put things right without delay. We believe it is better for everyone to resolve problems that arise during your holiday promptly so that you can enjoy your holiday. Please see our FAQs for further details on how to complain directly to a Travel Provider.
8.2 However, if you have a dispute with Secret Escapes, in the first instance please contact us at the details given in paragraph 20 below and attempt to resolve the dispute with us informally.
8.3 In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.
8.4 You may also wish to refer to the EU online dispute resolution platform (ODR) by clicking here. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
8.5 Please note that a failure to advise us/Travel Providers of problems whilst on holiday, as described above, deprives both us and the Travel Providers of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract including reducing any compensation due, potentially to zero.
9. INSURANCE
9.1 It is important that you have sufficient insurance in place to cover you (and your group) whilst you are away and it is a condition of your booking that you have such suitable insurance cover in place. Please ensure that you have a valid travel insurance policy in place from the time of booking, to cover you for the countries and activities you may be undertaking on your holiday.
10. TRAVEL INFORMATION AND FLIGHTS
10.1 Please note that we can provide general information about the passport and visa requirements for your trip, but 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 on 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 accept liability for any decisions made on the basis of the information supplied.
10.2 The passport, visa and health requirements at the time of booking can be viewed on the Department of Foreign Affairs and Trade website (https://www.dfa.ie/travel/travel-advice/). 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. Neither we, nor the Travel Providers, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
10.3 If you or any member of your party is not an Irish Citizen or holds a non-Irish Passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) you are travelling to or through.
10.4 (Where applicable) 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.
11. YOUR BEHAVIOUR
11.1 It is important that you behave responsibly and with consideration for others during your holiday. Accordingly, to the extent that one of our Travel Providers believes that your actions could or have caused disruption or annoyance, or a risk of safety, or damage to property, to us, our Travel Providers or other customers, or if it is believed that you are not fit to travel, then the Travel Providers may cancel your Travel Offer without further liability to you. In these circumstances, the cancellation provisions of paragraph 27 below shall not apply.
11.2 In the event that your behaviour causes loss or damage to any person or property for which we are liable, you agree to compensate us for such loss and damage, together with any legal costs which we may incur in pursuing this claim against you.
12. EVENTS OUTSIDE OUR CONTROL
12.1 In these Terms and Conditions, where we refer to "Unavoidable and Extraordinary Circumstances", it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken.
12.2 This may cover for example warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination, as well as industrial disputes (whether or not involving our employees), or acts of local or central Government or of any other competent authorities.
12.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a booking that is caused by any Unavoidable and Extraordinary Circumstances.
13. EACH OF THESE TERMS OPERATES INDEPENDENTLY
13.1 Each of the paragraphs of these Terms and Conditions operates separately. If any court or any other relevant authority decides that any of these paragraphs (or any part therein) are unlawful or unenforceable, the remaining paragraphs (and parts therein) will remain in full force and effect.
14. ENTIRE AGREEMENT
14.1 These Terms and Conditions, your booking confirmation and the relevant Travel Provider(s)' terms and conditions set out the written terms of our contract with you for the provision of the Services. You are not relying upon any other statement, promise or assurance in relation to your booking.
15. UPDATING THESE TERMS AND CONDITIONS
15.1 We may modify or update these Terms and Conditions from time to time at our sole discretion and for reasons including (without limitation):
(a) changes in how our business operates;
(b) changes in the legal or regulatory requirements that we must comply with; or
(c) changes in how we accept payment from you.
15.2 We will notify you of any material changes to these Terms and Conditions either using the usual method of communication we use to contact you or using a notice on our website or app. For the avoidance of doubt, this does not apply to confirmed bookings.
16. RIGHTS OF THIRD PARTIES
16.1 Any contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
17. TRANSFER OF OUR RIGHTS
17.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the contract.
18. NO WAIVER
18.1 If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you immediately, we can still require you to make the payment at a later date.
19. LAW AND JURISDICTION
19.1 These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
19.2 You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
19.3 If you are a resident of an EU country other than England and Wales, you may also bring proceedings in your country of residence under the laws of that country.
20. CONTACT US AND CONTACTING YOU
20.1 If you have any queries about these terms, please contact us through our online form, send us an email at pigsback@secretescapes.com or contact us on the phone: 0207 887 2772 (8am - 8pm GMT, seven days a week). We’ll be here to help.
20.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your booking.
SECTION B – APPLICABLE TO ALL AGENCY BOOKINGS
21. SECRET ESCAPES ROLE AS AGENT FOR TRAVEL PROVIDERS
21.1 We act as an agent for the Travel Providers whose Travel Offers are featured on the Services. This means that we act on behalf of the Travel Providers and provide a platform through which you can enter into a contract with the Travel Providers for the provision of the Travel Offers.
21.2 For the avoidance of doubt, 'Travel Offers' includes the provision of package holidays, organised or combined by third party Travel Providers ("Third Party Package Holidays"). For such bookings, Secret Escapes does not directly enter into a contract with you to provide any Third Party Package Holiday or Travel Offer you purchase.
21.3 We do not act as an agent for you in relation to negotiating or concluding any contract between you and any Travel Provider. Your contract for the Travel Offer is with the Travel Provider. As such, these Terms and Conditions govern your use of our Services but the provision of the Travel Offers you purchase will be subject to the terms and conditions displayed on the Travel Offer page, any additional booking conditions made available to you just before you pay for a Travel Offer through the Services and the terms and conditions of the Travel Provider (the "Offer T&Cs").
21.4 By using the Services to purchase a Travel Offer from a Travel Provider, you agree to the Offer T&Cs and you agree that you are contracting directly with the Travel Provider in relation to the Travel Offer purchased.
21.5 Secret Escapes does not itself own or provide any of the services, facilities or travel arrangements which it sells through the Services. These are all provided by the Travel Providers. If, after purchasing a Travel Offer, you have any queries or concerns about the Travel Offer, please contact the Travel Provider directly.
21.6 As your contract for the Travel Offer will be between you and the Travel Provider, we will not be in any way responsible for the delivery of the Travel Offer. As such, we do not accept any responsibility or liability for any loss you suffer as a result of availing yourself of the Travel Offer.
22. BOOKING TRAVEL OFFERS
22.1 You can book Travel Offers from Travel Providers by following the process outlined in the Services. All bookings are subject to acceptance by the Travel Providers. A contract will only come into existence between you and the Travel Provider(s) when you have paid the price payable on booking and we have issued you with a booking confirmation on behalf of the Travel Providers. You acknowledge that by booking with a Travel Provider you will be under an obligation to pay for the Travel Offer booked by you. We will charge your chosen payment method after we accept your booking. The Travel Provider will send you a further email when your booking has been processed confirming the details of the Travel Offer booked, including all relevant confirmation documentation as may be required if you have booked a Third Party Package Holiday with a Travel Provider.
22.2 If we are unable to accept your booking because, for example, there are no more vacancies remaining on your chosen dates, or because of an error in the price (see paragraph 23 below) we will inform you of this by email and we will not process your booking. If you have already paid for the Travel Offer (or any part of it) we will arrange for monies paid to be refunded to you in full as soon as possible.
22.3 The booking process on the Services allows you to check and amend any errors before submitting your booking for a Travel Offer. Please take the time to read and check your booking at each stage of the booking process.
22.4 Please make sure that you (and any travel companions) are eligible for any Travel Offer and are able to travel on the dates for which you have booked the Travel Offer before making a booking.
22.5 If you (or any travel companions) have any special requests you must let us know during the booking process. Secret Escapes will attempt to pass on all reasonable requests to the Travel Providers, but we cannot guarantee that such requests will be met by the Travel Providers. Secret Escapes does not accept bookings that are conditional on the fulfilment of a special request.
22.6 If you have a medical condition which may affect your booking, please let us know before making a booking so we can find out if the Travel Offer is suitable before you make a booking.
22.7 You must keep the contact details we hold for you up-to-date so that either we or the Travel Provider can contact you if necessary about your Travel Offer.
22.8 Once your booking request has been accepted by the Travel Provider and this has been communicated to you by us, acting as agent for the Travel Provider, and you have paid for your Travel Offer, Secret Escapes will send you an email booking confirmation setting out the details of the Travel Offer and the Travel Provider(s) supplying the Travel Offer. This email confirms receipt of your booking and payment and contains all details of your Travel Offer. In the case of Third Party Package Holiday Travel Offers the Travel Provider will send you a separate email or postal correspondence including your travel voucher and any other necessary information regarding your Third Party Package Holiday. In such cases, our booking confirmation merely confirms receipt of your payment for the Travel Offer and details of the dates your Travel Offer has been booked for and will let you know that the Travel Provider will contact you. The Travel Provider will then issue you with confirmation documentation providing details about the Third Party Package Holiday Travel Offer you have booked within three days of the booking being made and you having received your booking receipt email.
22.9 When you receive documentation for your Travel Offer, please ensure you check that all personal details are correct and in the event that the Travel Offer involves travelling abroad, that they match the names and ages on the passport(s). If this is not the case, please contact the Travel Provider as soon as possible.
22.10 In the event that tickets and/or travel documents do not arrive by post or email, Secret Escapes will not be responsible. Please contact the Travel Provider identified in the booking receipt email directly should you not receive these documents.
23. PRICE OF TRAVEL OFFERS
23.1 The price of any Travel Offer will be as quoted on the Services, except in cases of obvious error. The price of a Travel Offer includes VAT, together with any other relevant taxes such as Air Passenger Duty (where it applies).
23.2 The advertised price of any Travel Offer may change from time to time and we will inform you of the actual price at the time of booking.
23.3 Due to the large number of Travel Offers on the Services, it is always possible that some of the Travel Offers listed on the Services may be incorrectly priced, despite our reasonable efforts to make sure that they are accurately priced. We will normally verify prices with Travel Providers as part of our booking-handling procedure so that, where a Travel Offer’s correct price is less than the stated price, we will charge the lower amount when accepting the booking from you, as agent for the Travel Provider. If the Travel Offer’s correct price is higher than the price stated on the Services, we will normally, and at our discretion, either contact you for instructions before processing your booking, or reject your booking on behalf of the Travel Provider and notify you of the rejection.
23.4 Please note that the Travel Provider is under no obligation to agree to supply the Travel Offer to you at the incorrect (lower) price, even after we have sent you a booking confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
24. BOOKING FEE
24.1 We may charge a booking fee for providing you with the Services which includes the platform we provide for you to purchase the Travel Offer from the Travel Provider. The booking fee will be set out with the other payment details on the final page before you pay for the Travel Offer you wish to purchase. You can find out more about the booking fee in our FAQs.
24.2 You agree that by making a booking with a Travel Provider through our Services you are under an obligation to pay us the booking fee.
25. PAYMENT
25.1 We act as a payment agent for the Travel Provider. We accept payment from you on behalf of the Travel Provider using the payment methods listed on the Services. You must pay for the Travel Offer by the date(s) set out in your booking confirmation. If any sum is not paid in full by the due date, we may cancel your booking on behalf of the Travel Provider immediately and the Travel Provider may charge you a cancellation fee. If you have already made a payment to us in respect of that Travel Provider, we may on behalf of the Travel Providers deduct the cancellation fee from the payment already made to us before returning the balance to you or, where that payment is not sufficient to meet your liability to the Travel Provider, you agree to pay the Travel Provider the additional sum.
25.2 By making a booking through the Services, you are confirming that the payment details provided on the booking are valid and correct. If any payment method is rejected, we may contact you requesting an alternative payment method or we may cancel your booking.
25.3 If you have any query about an amount that has been charged by us to your credit or debit card, please contact us straight away. 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.
25.4 Secret Escapes acts solely as an agent between the customer and the Travel Providers, and therefore cannot issue an invoice for a sale made by the Travel Providers. Secret Escapes does provide a booking confirmation which can be used as a receipt as it shows the amount paid at the time of booking. Secret Escapes are only able to provide a VAT invoice for your booking fee.
26. ALTERATIONS OR CANCELLATION BY YOU
26.1 Purchased Travel Offers cannot be changed by you nor can they be cancelled with a refund, unless otherwise stated in the Offer T&Cs.
26.2 Notwithstanding this, if a Member wishes to cancel or make a change to their purchased Travel Offer, then Secret Escapes may, at its sole discretion, use reasonable endeavours to assist a Member in the Member's attempts to liaise with the Travel Provider to arrange cancellation or make the required change. Secret Escapes gives no guarantee that any such attempts will be successful. The Travel Provider may charge a cancellation or amendment fee (as shown in their terms and conditions), which may be as much as 100% of the cost of the travel arrangements.
26.3 Any request for a change to a confirmed booking must be made by the Lead Name on the booking and we may require this to be confirmed to us by email.
27. CANCELLATIONS AND AMENDMENTS BY TRAVEL PROVIDERS
27.1 If a Travel Provider informs us of a change to your purchased Travel Offer, we will inform you. Most changes are minor changes, however, occasionally we have to notify Members of a significant change that a Travel Provider has made to a purchased Travel Offer. A significant change is a change made before the start of the Travel Offer which, taking account of the information given to us at the time of booking the Travel Offer and which the Travel Provider can reasonably be expected to know, the Travel Provider can reasonably expect to have a major effect on your purchased Travel Offer.
27.2 In the unlikely event of a Travel Provider cancelling or making a significant change to your purchased Travel Offer we will tell you as soon as possible. If there is time to do so before the start of your purchased Travel Offer, we will use reasonable efforts to seek (but cannot guarantee) to secure from the Travel Provider an offer to you of one of the following options (depending on the nature of the purchased Travel Offer):
(a) accepting the changed arrangements; or
(b) for Travel Offers other than Third Party Package Holidays: a choice of accepting an alternative reservation or cancelling your reservation together with a full refund of all monies you have paid. In the event of no alternative being available from the Travel Provider, they may instruct us to cancel the Travel Offer and give a full refund.
27.4 Where a Travel Provider cancels or makes changes to the purchased Travel Offer, Secret Escapes will not be responsible for any costs incurred by you.
27.5 In the rare cases that a Travel Provider cancels your booking after it has been accepted, you will be notified by the Travel Provider or Secret Escapes acting on the Travel Provider’s behalf. As Secret Escapes is an agent acting on behalf of Travel Providers, and your contract for the Travel Offer is with the Travel Provider, we will use reasonable endeavours to assist you in getting a refund or changing your dates. However, Secret Escapes will not be responsible for any costs associated with a cancellation by the Travel Provider.
28. HOLDING
28.1 There is a 'hold' functionality available for most of our Travel Offers. This function works by allowing Members to pay a EUR 25 fee to hold a particular date for a particular Travel Offer. 'Holding' a date for one instance of a Travel Offer does not constitute a booking; it simply prevents other Members from booking that specific instance of that Travel Offer. A hold is NOT a deposit on a Travel Offer and is not a guaranteed or confirmed Travel Offer.
28.2 In the event that a hold is cancelled by Secret Escapes due to that date being made unavailable by a Travel Provider, we will refund EUR 25 using the method used to pay for the hold. In the event that you do not proceed to make the booking by the end of the offer period for that Travel Offer, we will credit your Secret Escapes Account with EUR 25. In each situation, we will not be responsible or liable for any extra costs incurred by the Member (for example, if travel has already been booked separately).
29. YOUR FINANCIAL PROTECTION FOR AGENCY/TRAVEL OFFER SALES
29.1 All the Third Party Package Holidays we sell are protected by the third party package organiser (the Travel Provider). If you buy a single travel service then this does not apply.
30. OUR LIABILITY TO YOU FOR AGENCY SALES
30.1 If Secret Escapes fails to comply with these Terms and Conditions, we will be responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
30.2 The maximum loss or damage we will be responsible for under paragraph 30.1 is limited to the booking fee you paid us when using the Services to purchase a Travel Offer to which the loss or damage you suffer relates.
30.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other limitation that is excluded by law from time to time.
31.4 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or the Competition and Consumer Protection Commission (CCPC).
These Terms and Conditions were last updated on 31 May 2019.