1.1 Please read these website terms of use (“Terms of Use”), and our Privacy Policy carefully before using our website http://www.away with the kids.co.uk/ ("Site"). By using our Site, you indicate that you accept these Terms of Use and our Privacy Policy, and that you agree to abide by them. If you do not agree to all of these Terms of Use, do not use this Site.
1.2 We reserve the right, at our sole discretion, to revise and update these Terms of Use at any time without further notice. It is therefore your responsibility to check these Terms of Use regularly for any changes. We will post the last date of any change to these Terms of Use at the bottom of this page. Your continued usage of the Site after such changes will mean you accept those changes.
1.3 In these Terms of Use, “user”, "you" and "your" means any and all persons using this Site. "Principal" means the provider of the accommodation, including accommodation specific extra activities where relevant ("Accommodation") and/or the provider of all itinerary bookings which include Tours featured on this Site.
2.1 The Site is operated by The Away Group Ltd, trading as Away with the Kids.co.uk ("Away with the Kids"/ "we" / “our”).
3.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice.
4.1 Any holiday contract, formed as a consequence of a booking or general enquiry through our Site, is governed by the Principal’s own booking terms and conditions and is held between you and the Principal directly.
5.1 You must not link (including deep linking) to our Site without our prior written agreement.
5.2 This Site may contain links to other sites. Except where they belong to us, such other sites are not under our control or maintained by us. We are not responsible for the content of such sites. We provide these links for your convenience only but do not monitor or endorse the material on them. We cannot accept any liability whatsoever and howsoever arising in relation to any such other sites (including, for the avoidance of doubt and not by way of limitation, any inability to access or delay in accessing any such other site) or in relation to any material or information appearing on them or which you may otherwise come across after leaving our site by way of a hypertext link or any other means.
6.1 As a condition of your use of this Site, you warrant to us that you will not use it or any material or information on it for any purpose that is unlawful or prohibited by these Terms of Use.
6.2 You may not use our Site:
(a) in any way that breaches any applicable local, national or international law or regulation; (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (c) for the purpose of harming or attempting to harm any third party in any way (in particular minors); (d) to send, knowingly receive, upload, download, use or re-use any material which (i) is inaccurate, discriminative, defamatory, obscene, threatening, deceptive abusive, profane or offensive (or is likely to be perceived as such) (ii) promotes violence or any other illegal or immoral activity (iii) is in breach of anyone else’s intellectual property (iv) adversely affects the performance or availability of the Site; or (v) which is otherwise in breach of any of our Terms of Use; (e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of solicitation; or (f) to knowingly transmit any viruses, worms, trojan horses, or any other contaminants that may be used to access and/or modify, delete or damage any data files or other computer programs.
6.3 You warrant that you are at least 18 years old and have the legal authority to use this Site in accordance with these Terms of Use. You agree to be financially responsible for all charges, fees and other sums of whatever nature which arise out of your use of this Site.
6.4 We make no warranty that this Site (or any sites that are linked to this Site) is free from technical errors, computer viruses or any other malicious or impairing computer programs.
7.1 All concepts, information and materials contained in or displayed on the Site (other than any User Generated Content) are the proprietary property of us or our licensors, and are protected by copyright, trade secret, and other applicable laws.
7.2 This Site is for your personal and non-commercial use. No part of this Site may be reproduced in any form without our prior consent, other than temporarily in the course of using our service or to keep a record of a transaction entered into using our service. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or in any other way use any material, information, products or services contained or featured on this Site.
7.3 You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our Site or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to monitor and to bar any such activity and your use of the Site hereby authorises us to monitor your use of the Site and its content.
8.1 Any material (which may include photos, blogs, postings and comments) that you submit to the Site via our Contact links or otherwise, or for the purposes of general publication (“User Generated Content”) will be considered non-confidential and non-proprietary, and we will have the worldwide and sub-licensable right to use, copy, distribute disclose and make available to third parties any such material for any purpose connected with the Site.
8.2 The Site is also a venue for content supplied by third parties and visitors to the Site including feedback submitted by website users on accommodation which they booked through the Site. We reserve the right to choose whether we publish such feedback or not, and to edit any such feedback in accordance with our normal and reasonable moderation process, including in the interests of clarity and brevity. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Principals, are those of the respective parties and not necessarily those of Away with the Kids. Neither we nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any third-party content, nor its merchantability or fitness for any particular purpose.
9.1 Your privacy is very important to us. Away with the Kids will only use information that it collects about you in accordance with the Data Protection Act 1998. We will only send you information that you have agreed to receive, and each time we do so we will offer you the opportunity to amend your details or decline to receive further information if you so wish. Please read our Privacy Policy which sets out how we intend to use and share any personal data you may choose to share with us via the Site. If you have any questions with regards to this, please email us at [email protected].
10.1 No warranties, promises and/or representations of any kind, express or implied, are given as to the accuracy or completeness of any of the material or information contained on this Site or as to the nature, standard, suitability or otherwise of any services featured on this Site. We shall not be liable for any loss or damage or other sum or claim of any nature whatsoever (direct, indirect, consequential or other) which arises, directly or indirectly, in connection with this Site including, for the avoidance of doubt and not by way of limitation, any use of any information or material contained in this Site or any inability to access or use (or delay in doing so) this Site
10.2 All exclusions of liability apply only to the extent permitted by law.
10.3 If any exclusion(s) or limitation(s) contained in these Terms of Use is found, in whole or part, to be unlawful, void or for any other reason unenforceable for any purpose(s), that exclusion(s) or limitation(s) or the part(s) in question shall be deemed severable and omitted from these Terms of Use for that purpose / those purposes. Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of these Terms of Use.
10.4 Without prejudice to the foregoing provisions, we are entitled to the benefit of any applicable exclusions and/or limitations of liability permitted by the laws of any country found to be applicable to the information shown on this Site and/or any services offered by us or on our behalf.
11.1 The information contained on this Site may contain inaccuracies and typographical and other errors. The information on these pages may be updated from time to time and may at times be out of date. We have the right to change the prices of the accommodation arrangements featured or mentioned on this Site at any time without prior notice. If any price is obviously incorrect, neither we nor the Principals will be bound by it. We accept no responsibility for keeping the information on these pages up to date or liability for failure to do so. You must ensure you check all details of the chosen holiday or travel arrangements (including the price) at the time of booking. Neither we nor any of our third-party providers of information guarantee the accuracy, completeness, or usefulness of any such information, nor its merchantability or fitness for any particular purpose.
11.2 Commentary and other materials appearing on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
11.3 If you feel that any information appearing or posted on our Site is inaccurate, untrue or inappropriate or breaks any of the rules set out in these Terms of Use, please let us know by contacting us through the Site.
12.1 We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate, and this may include the immediate, temporary or permanent withdrawal of your right to use our Site.
13.1 Prices displayed on accommodation pages, and special offers displayed throughout the website, are intended as a best possible guide, but do not constitute a firm offer or a guarantee of rates for any particular stay. Likewise any rates shown during the initial enquiry process (i.e. before a Principal has replied with a quote for a specific stay) are intended as a best possible guide, but do not constitute a firm offer or a guarantee of rates.
13.2 Prices are displayed in either GBP or Euros.
13.3 Quotes provided by the Principal will be made in their preferred currency. Any prices shown are based on seasonal costs supplied by the Principal.
13.4 Any outstanding balance due to the Principal, as well as any additional charges, including local taxes, that may be incurred during your stay at your chosen accommodation will be settled by you directly with the Principal in its local currency which may be subject to exchange rate fluctuations (depending on the date charged) and charges from your bank or card issuer for which we have no liability.
14.1 The booking information that you provide to us will be passed on only to the relevant Principal or other persons necessary for the provision of your accommodation. The information may therefore be provided to public authorities such as customs or immigration authorities if required by them, or as required by law. Certain information may also be passed on to security or credit checking companies for the purposes of processing your booking. If we cannot pass this information on as above, we will be unable to provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.
For further information please see our full Privacy Policy.
14.2 Our system includes a facility for the user to send messages to the Accommodation provider and/or the Tour organiser, and vice versa. As is common practice with all web-based messaging systems, we may monitor messages from both parties to ensure, inter alia, that they are clear and unambiguous to both parties, and that they are not offensive, defamatory or potential scams. We also reserve the right to remove either party's direct contact details from such messages, as these are provided automatically to both parties when a booking is confirmed. Providing them earlier may result in two parallel lines of communication about the same booking, which in turn may lead to confusion about its current status and other details.
15.1 We are an English registered company. Our business and the services (as directory agent) we offer are governed by the applicable laws of England and Wales. No warranties and/or representations of any kind, express or implied, are given as to the compliance of the information shown on this Site, the services offered by or on behalf of us, any information relating to such services and/or our business in any respect with any laws of any other country. Such laws do not, in any event, affect or apply to the same.
15.2 Access to this Site is conditional on your agreement that all information contained in it and all matters which arise between you and us will be governed by English law. Access is further conditional on your agreement that any dispute or matter which arises between you and us will be dealt with by the Courts of England and Wales only to the exclusion of the Courts of any other country.
16.1 These terms and conditions are subject to English Law and the Courts of England and Wales shall have sole jurisdiction.