These are the terms and conditions ("Consumer Terms and
Conditions") which govern your use of the web site which you will require
to access to purchase a Brookstreet Hotel on-line gift voucher or gift (the "Web
Site"). By reading and accepting these Consumer Terms and Conditions, you
will be automatically transferred to the Web Site and will be bound by these
Consumer Terms and Conditions. We, Brookstreet Hotel reserve the right to
vary these Consumer Terms and Conditions from time to time. It is your responsibility
to regularly review these Consumer Terms and Conditions before each purchase to
keep up to date with any changes to them.
1.1 The Web Site offers gift vouchers and gifts for sale ("Gift
Voucher" and "Gifts").
1.2 No contract for the sale of any Gift Voucher or Gift will
subsist between you and Brookstreet Hotel unless and until Brookstreet Hotel accepts your order by way of an email detailing that payment has been
received in full, the content of the Gift Voucher or Gift purchased and confirming your
details (the "Confirmation"). That acceptance will be deemed complete
and will be deemed for all purposes to have been effectively communicated to
you at the time Brookstreet Hotel sends the Confirmation to you (whether or
not you receive that Confirmation). The Confirmation amounts to an acceptance
by Brookstreet Hotel of your offer to buy gift voucher(s) or gift(s) from Brookstreet Hotel or a third party supplier that is engaged on your behalf by Brookstreet Hotel.
1.3 You must check that the details of the Confirmation are
correct as soon as possible and you should print out and keep a copy of it.
1.4 Payment shall be taken by credit or debit card (Visa, Mastercard or American-Express).
1.5 You undertake that all details you provide to Brookstreet Hotel for the purpose of ordering Gift Vouchers or Gifts are correct, that the
credit or debit card you are using is your own and that there are sufficient
funds to cover the cost of the Gift Voucher(s) or Gift(s) ordered.
1.6 In order to protect your details during ordering, the
Web Site uses a software package known as Secured Sockets Layer (SSL), which is
indicated by a padlock which will appear in the bottom left hand corner of the
web browser (grey border area of the screen).
2. Issuing Gift Vouchers
2.1 Each Gift Voucher sold is subject to terms and conditions
of use which can be viewed on the Web Site alongside each individual Gift
2.2 We shall be responsible for issuing, sending via the
selected delivery method and performing any other terms set out in
the Confirmation. The Gift Voucher should be issued and posted within two (2)
working days of sending out the Confirmation, although you must bear in mind that
during busy holiday periods it might take longer. We accept no liability for
any delay which may occur in the delivery times.
3. Complaints Procedure and Returns
3.1 Please remember that the terms and conditions which will
apply to each Gift Voucher or Gift will be individual to each Gift Voucher or Gift and can be
viewed on the Web Site alongside each individual Gift Voucher or Gift. Subject to
paragraph 3.2 below, our policy on cancellations or refunds will be in
accordance with the terms and conditions of each individual Gift Voucher or Gift.
3.2 All Gift Vouchers are non-refundable and
non-transferable unless otherwise agreed by us.
3.3 All specific arrangements regarding booking dates and
times must be made directly with us, and we recommend that you reconfirm any
arrangements made with us a few days before the event to avoid disappointment.
We will use all reasonable endeavours to meet your request but cannot guarantee
any specific date or time.
3.4 Nothing in the Consumer Terms and Conditions or any
additional terms and conditions applicable to a Gift Voucher of Gift alter or affect
your statutory rights.
4.1 This section applies only to the extent permitted by
law. For the avoidance of doubt, Brookstreet Hotel do not exclude or limit
any liability for (a) personal injury (including sickness and death) where such
injury results from Brookstreet Hotel negligence or wilful default, or that
of Brookstreet Hotel employees, agents or subcontractor or (b) fraudulent
4.2 In the event that Brookstreet Hotel breach their
contract with you, Brookstreet Hotel shall be responsible only for refunding
the cost of the Gift Voucher or Gift. Brookstreet Hotel shall not be liable to pay
any other compensation or losses suffered by you as a consequence of Brookstreet Hotel breach of contract.
4.3 Brookstreet Hotel agree to provide the services for
which the Gift Voucher was purchased in accordance with the description on the
Web Site, at all times with reasonable skill and care. Brookstreet Hotel make no other warranty or representation.
The Web Site is protected by copyright, and other
intellectual property rights and laws. You may view the Web Site and download
part(s) of it to a personal computer for personal viewing for private purpose,
but for no other purpose whatsoever. None of the content may be downloaded,
copied, reproduced, transmitted, stored, sold or distributed for any non
personal purpose without our prior written consent.
6.1 Your privacy is important to us, and we are committed to
maintaining the privacy of any personal information received from you. We
subscribe to the principles of Canada
's data protection legislation. By giving us
your details you accept that we will be able to use them for operational
6.2 In using your personal data for operational purposes we
may send your information internationally. By accepting these Consumer Terms and Conditions you acknowledge that some of
these jurisdictions offer differing levels of protection of personal
information, not all of which may be as high as in Canada
and you consent to your data being transferred to such countries.
By accessing and using the Web Site, or any of the
information on it, you acknowledge that, while reasonable endeavours have been
used to ensure that all information contained on the Web Site is correct,
accurate and up to date, we make no warranties, representations or undertakings
that the material on the Web Site will be free from infections, viruses, worms,
trojan horses and/or other codes that have
contaminating or destructive properties. (It is your responsibility to take
protective steps such as virus checking).
8. Governing Law and Jurisdiction
The Web Site and these Consumer Terms and Conditions are
governed by the laws of
. You agree to submit to the
exclusive jurisdiction of the courts in all matters relating to such use of the
Web Site and in relation to these Consumer Terms and Conditions. If any
provision of these Consumer Terms and Conditions is found by a court of
competent jurisdiction to be invalid you agree that the other provisions of
these Consumer Terms and Conditions will remain in full force and effect in so
far as possible. If you access the Web Site from outside
responsible for compliance with any local laws relating to access.