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Terms and Conditions
- Definitions and Interpretation
In these Terms and Conditions (including Clause 1), the following terms shall have the following meanings:
"Acceptance" means the process by which Secret Escapes accepts a Member's offer to purchase a hotel stay, holiday or package which may include travel costs as advertised for purchase on the Website and/or as notified to a Member in any communications sent by Secret Escapes, as set out in detail in Clause 6.3 of these Terms and Conditions;
"Account" means the personal information, payment information and credentials used by the User to access the Service, and/or any System on the Website;
"Content" means any text, graphics, design, drawings, images, audio, video, software, data compilations, functionality and any other form of information capable of being stored in a computer that appears on or forms part of the Website;
"Member" means any User of the Website who has chosen to become and has been accepted as a member of Secret Escapes, and who is required to comply with these Terms and Conditions together with any other terms of membership that Secret Escapes may issue to the Member from time to time;
"Products" means the products and services that a Member may book with a Supplier through the Website, which may include a package holiday, accommodation, flights, experiences, tours and any other travel service or product as provided by Suppliers and as detailed on the Website from time to time;
"Secret Escapes" means Secret Escapes Limited (registered in England & Wales under company number 07026107) and whose registered office is situated at 4th Floor 120 Holborn, London EC1N 2TD (also referred to as “we”, “us” and “our” herein);
"Service" means any online facilities, tools, services and information that Secret Escapes makes available through the Website from time to time;
"System" means any online communications infrastructure that Secret Escapes makes available through the Website from time to time, and includes, but is not limited to, web-based email, message boards, live chat facilities, mobile applications and email links;
"Supplier" means any third-party which sells or otherwise arranges for tours, holidays, products and other services (whether a tour operator, hotel, airline, ground handler or any other supplier or provider), who shall be directly responsible to a Member who makes a booking for a Product on the Website;
"User" means any individual who accesses the Website and is not employed by Secret Escapes or acting in the course of their employment, whether as a Member or otherwise;
"Website" means the website of Secret Escapes, as currently accessed through the url address at www.secretescapes.com.my, together with any other website owned and operated by Secret Escapes for the purposes of allowing the Users to make bookings for Products and any sub-domains thereof unless expressly excluded by their own terms and conditions, and any other url address as Secret Escapes may nominate from time to time.
2.1. Ownership: Unless otherwise expressly indicated, all Content included on the Website (save for those uploaded by Users and accepted for inclusion on the Website by Secret Escapes) including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software, domain name copyright, database, trade marks, design rights and any other intellectual property rights, in whatever format and whether registered or not (collectively, “Intellectual Property”) is the property of Secret Escapes, or our affiliates or licensors or other third parties recognised by Secret Escapes. By continuing to access and/or use the Website, you agree and acknowledge that such Intellectual Property is protected by applicable laws and international treaties and that you can only use the Intellectual Property for the purposes of viewing the Content and using the Website.
2.2. Allowed use: Subject to these Terms and Conditions and prior written permission by Secret Escapes, you may print, reproduce, copy, distribute, store and re-use in any other manner the Content from the Website for personal purposes only, unless otherwise indicated on the Website. Personal use means recreational use, social use, and use for the purposes of education as a student or teacher. Specifically, you agree that:
i. you will not use the Content of the Website for commercial purposes; and
ii. you will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by Secret Escapes.
2.3. Trade marks: "Secret Escapes" and the logo of Secret Escapes are trade marks of Secret Escapes. Notwithstanding Clause 2.2, all other trade marks, service marks and trade names used on the Website are the property of their respective owners and are used by Secret Escapes under licence for inclusion on the Website. All trade marks, service marks and trade names and logos featured on the Website shall not be reproduced, copied, downloaded or otherwise used or exploited for any purpose without the permission of Secret Escapes or the relevant owner.
2.5. Content that you or other Users may upload: Commentary and other materials posted on the Website are not intended to amount to information on which you should rely. Subject to applicable laws, Secret Escapes does not assume any responsibility or liabilities and disclaims all liability and responsibility arising from reliance on such Content and other commentary/materials uploaded by any User or other third party. Where Secret Escapes provides any interactive services on the Website, we will do our upmost to ensure that such services are provided and used in accordance with these Terms and Conditions and the applicable laws and regulations, although please note that we are under no obligation to monitor or moderate any such interactive services. We do, however, reserve the right to remove any Content or materials uploaded by you or any other User or third party on the Website in our sole discretion.
3. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not operated by or under the control of Secret Escapes or that of our affiliates. Subject to applicable laws, we assume no responsibility for and make no representation or warranty in relation to the content or functions of, or goods or services sold, provided or obtained on, by or through such websites and disclaim all liabilities for any and all forms of loss or damage arising out of or in connection with the access and/or use of them. The inclusion of a link to another site on this Website does not imply any endorsement or recommendation of or affiliation with the sites themselves or of their operators and/or administrators nor are we necessarily agents or partners of such operators and/or administrators.
4. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the Website www.secretescapes.com without prior permission provided that this is done in a manner that is fair and legal and does not damage our reputation or take advantage of it or suggest any form of affiliation, association, approval or endorsement on our part where none exists. Deep linking (i.e. links to specific pages within the Website), framing or other such activity requires the express prior written permission of Secret Escapes. To find out more, please contact us by email at email@example.com
5. The Service
5.2. What Secret Escapes does: Secret Escapes is an exclusive Members only travel and travel-related products website. It sells (on behalf of Suppliers as their agent) hotel stays, holidays and package deals, having secured great discounted rates with various Suppliers. Each booking that a Member may make through Secret Escapes with Suppliers will be made up of one or more offers which may be available at any given time. Members book individual offers from Suppliers within a sale window that is offered, as detailed from time to time on the Website. For example, there may be a sale for rooms at the Heartbreak Hotel, with offers for 1 and 2 night stays in standard and superior rooms. Offers may include additional items or components, such as meals or activities. For the avoidance of doubt, unless explicitly stated in the offer or sale description, offers are for accommodation only. All Products shown on the Website (or as notified to Members through email communications) are subject to availability and Members agree and acknowledge that they will check that an offer is still available before booking. We reserve our discretion to modify, vary, supplement, suspend and/or terminate one or all of the Services (whether in part or as a whole).
5.3. Secret Escapes acts as an agent of Suppliers whose Products are featured on the Website or communicated to Members through the Website. Secret Escapes carefully selects the Suppliers with whom it acts as an agent (based on their experience, reputation, feedback on quality of services, etc) in order for Members to contract directly with those Suppliers for the provision of these featured Products. Secret Escapes provides the opportunities for Members to book Products with Suppliers at great rates by providing the Service, but Secret Escapes is not responsible in any way for the provision of the Products which a Member may purchase from the Suppliers through the Website, and all contracts for provision of the Products that a User may purchase are subject to the applicable booking terms and conditions of the relevant Supplier with whom a Member may contract and as notified to the Member at the time of booking. Secret Escapes is not privy to any communications, dealings and transactions between any Member and any Supplier. Secret Escapes does not warrant or guarantee the quality and standard of the Products offered on the Website by Suppliers for whom Secret Escapes acts as agent. Any concerns regarding the Products purchased by a Member from a Supplier must be brought to the attention of the Supplier by the Member directly (please see Complaints section further below), as the Supplier is directly responsible to you for bookings you have made with the Supplier through the Website.
5.4. Rates and Suppliers terms: Secret Escapes negotiates discounted prices with Suppliers. The sale price displayed on the Website is the discounted price (including the commission payable to Secret Escapes). When buying Products through the Website, your contract will be with the Supplier (e.g. the hotel company) and not Secret Escapes. Secret Escapes only acts as an agent for the Supplier. Accordingly, Secret Escapes is not responsible for the conditions or limitations placed on any sale by the Supplier of the Product being sold (such as, by way of example, the inability to cancel a booking once placed). Separate terms and conditions will apply to your booking and purchase of the Products purchased through any sale on the Website. You agree to abide by the terms and conditions of the Supplier with whom you contract, including compliance with the Supplier’s rules and restrictions regarding availability and use of fares and the Products. You agree and acknowledge that any breach of any Supplier’s conditions may result in cancellation of your booking, denial of access to any Products you have booked and / or forfeiture of any monies paid for such booking, and that Secret Escapes may debit your Account for any costs Secret Escapes incurs as a result of such breach.
5.5. Sale Information:
All our prices are shown in Ringgit Malaysia and include the applicable goods and services tax (“GST”). Subject to Clause 5.4, Secret Escapes sells hotel stays and holidays at discounted prices. The sale descriptions on the Website specify the prices and what is included in your purchase, as well as any special conditions that apply. We make every effort to avoid errors in our sales descriptions and prices. However, we reserve the right to correct errors in sales descriptions and prices before Acceptance of your order. Unless otherwise stated in the sale description, the prices shown are for rooms only and do not include other potential costs such as travel costs or local taxes.
We aim to use photographs and descriptions to give an accurate illustration of the Products. They are not intended to be exact, for example you are not guaranteed an identical view to that shown in a sale photo.
We show a percentage discount as part of the sale information. This compares our sale price against the "rack rate" provided by the Supplier. When additional services (such as meals or activities) are included in the sale, we add these to the rack rate.
6. Making a booking
6.1. Sale Information: The advertising of Products on the Website constitutes an "invitation to treat". Any Products detailed on the Website are subject to availability and therefore we need to check availability once a Member indicates that they would like to make a booking for a Product, before this can be confirmed. A Member's request to book a Product constitutes a contractual offer to purchase that Product and no legally binding contract shall come into force between a Member and a Supplier unless and until there has been Acceptance by a Supplier (as notified to a Member by Secret Escapes) in accordance with Clause 6.3. By making a request to book a Product, you agree and represent and warrant to us that:
i. you are at least 18 years old;
ii. you are not bankrupt or insolvent;
iii. you have the capacity to enter into binding contracts;
iv. you have a valid credit or debit card issued by a bank that is acceptable to us; and
v. you are purchasing the Products for your own personal use or for the personal use of another person(s) and not for the purpose of resale or other commercial purposes.
6.2. We have the right at our discretion to ask you for proof of any aspect of your status as set out in Clause 6.1.
6.3. For Acceptance of a booking for a Product to take place, the following steps shall be completed:
6.3.1. the Member will need to offer to purchase a Product on the Website;
6.3.2. Secret Escapes will issue an automated online acknowledgement confirming receipt of the booking. Please note that such automated acknowledgement is not Acceptance of the booking request, but an acknowledgement that the booking request has been received and that Secret Escapes will contact the Supplier to check availability prior to any contract coming into existence;
6.3.3. Upon receipt of an offer to purchase a Product, Secret Escapes will (following the issue of the automated response referred to in Clause 6.3.2 above) check that no details of a Product need to be corrected and that there are no accidental errors or omissions in the sale description of the Product, and check the availability in respect of the Product with the relevant Supplier. In the event that any such errors or omissions need to be corrected, or a Product is no longer available, Secret Escapes will provide notification of this to the Member as soon as reasonably practicable. Secret Escapes shall not be liable to the Member and/or any person due to unavailability of any Product after an offer to purchase has been placed; and
6.3.4. Following checks made by Secret Escapes relating to the Product that a Member has requested to book and subject to confirmation of availability of the Product, Secret Escapes will issue a notification to the Member by email that a booking with a Supplier has been made, such notification being Acceptance of a booking for a Product on behalf of a Supplier and a legally binding contract shall then be created between the Member and the relevant Supplier for provision of the Product in accordance with the relevant Supplier’s terms and conditions from the moment the notification is sent by e-mail to the Member by Secret Escapes. For the avoidance of doubt, the contract is valid notwithstanding that the Member has not received the notification or the notification was not communicated to the Member and that Secret Escapes and the Member acknowledge and agree that that “receipt rule” shall not apply in any purchase of Products on the Website.
6.4. For the avoidance of doubt, Secret Escapes reserves the right to alter or amend the details of a Product or withdraw a Product at any time up to the point of Acceptance in the event that it is aware of any error or omission relating to the details of the Product or in the event that it receives a request to do so from the Supplier of the Product.
6.5. Please make sure that you are eligible and able to travel on the dates of your holiday to your chosen destination before making a booking.
6.6. If you have any special requests you must let us know when you make the booking. Secret Escapes will attempt to pass on all reasonable requests to the Suppliers, but cannot guarantee that such requests will be met by the Suppliers. Secret Escapes cannot accept bookings that are conditional on the fulfilment of a special request.
6.7. If you have a medical condition which may affect your booking, please let us know before making a booking so that we can find out if the Product is suitable before you make a booking.
6.8. There's a 'hold' functionality available for most of our sales. This works by allowing Members to pay a 150 MYR fee to hold a date for the duration of the sale. For avoidance of doubt, 'holding' a sale does not constitute a booking or making an offer to purchase a particular Product; it simply prevents other Secret Escapes Members from booking that allocation. A hold is NOT a deposit on a booking and is not a guaranteed or confirmed booking. In the event the Member makes a booking for the Product during the holding period, the holding fee will be credited towards part payment for the Product. In the event no booking for the Product is made on the expiry of the holding period, the holding fee shall not be refunded to the Member. In the event that a hold has to be cancelled by Secret Escapes due to that date being closed out by a Supplier, we will credit your Secret Escapes account with 150 MYR, but subject to applicable laws, we do not assume any obligations or liabilities to reimburse the Member and shall not be liable for any extra costs incurred by the Member (for example, if travel has already been booked separately).
6.9. Once your booking has been completed in accordance with Clause 6.3 and payment for your Product has been made (in accordance with Clause 7 below), Secret Escapes will issue you with:
6.9.1. a booking receipt with details of the relevant Supplier providing the Product that you have booked. Please note this is not a booking confirmation with all details of your itinerary, etc, which will be sent to you by the relevant Supplier separately, and our booking receipt merely confirms receipt of monies that we have received on behalf of the Supplier and details of the dates your Product has been booked for.
6.10. When you receive documentation for your hotel stay/holiday, please ensure that you check that these are correct and in the case of travelling abroad, that they match the names and ages on the passport(s) of the travellers.
6.11. Subject to applicable laws, Secret Escapes does not assume any obligations or liabilities for the issue of your tickets and/or travel documents and shall not be liable in the event that your tickets and/or travel documents don't arrive by post or email. Please contact the hotel/tour operator should you not receive these.
7. Payment Terms
7.2. Payment Terms: When paying bills, time is of the essence and we ask you to ensure that your card details are valid and that you have sufficient funds available.
7.3. Failed payments: In the event that a payment fails, we will ask you to provide updated payment details. We may temporarily suspend your Account if an amount remains unpaid for more than 14 days. We reserve the right to charge interest at a rate of 4% per annum over the Kuala Lumpur Interbank Offered Rate (KLIBOR) or another reference interest rate that we may choose on all amounts that remain outstanding 30 days after the issue of our invoice.
7.4. Refunds and Cancellations: If you have any query about an amount that has been charged by us to your card, please contact us straightaway. 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. Once notification of Acceptance is sent to you, the booking shall be confirmed and final, and shall not be cancelled without the prior written consent of the relevant Supplier, and all payments made are non-refundable. We shall not be liable to you and/or any person for any failure to refund the payment to you in the event the relevant Supplier does not allow cancellation of booking.
7.5. Credit and Incentives: There is no limit to the amount of Products you can acquire. In fact we'd love you to tell all of your friends about us. However, if you try to gain additional credit through falsifying accounts or creating multiple fake Accounts, then such credit will not be considered valid and Secret Escapes shall have the right to cancel such credit when detected. If you gain credit through an incentive for booking Products through the Website 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 shall be automatically deleted.
8.1. Unless otherwise stated in the Product description, once Acceptance has taken place in accordance with Clause 6.3, all Product sales on the Website are final. If alterations or cancellations are permitted by the Supplier, there may be subject to a charge in accordance with the Supplier’s own terms and conditions.
8.2. While bookings made through the Website have a 100% non-cancellable/non-refundable policy, if a Member wishes to make a change to their booking of a Product with a Supplier, then Secret Escapes will use its reasonable endeavours to assist a Member in the Member's attempts to alter or cancel a booking, but can give no guarantee that such attempts will be successful and does not assume any responsibilities or liabilities and shall not be held liable for the reimbursement of any applicable charges that the Member may need to pay in order to give effect to any such change or alteration, subject to applicable laws.
8.3. Notwithstanding Clause 5.4 and without prejudice to Clause 8.2, the Member acknowledges and agrees that if a Supplier’s terms and conditions includes provisions relating to changes and cancellations of bookings, such terms shall not apply in respect of bookings made for Products featured on the Website and the Member waives and elects not to exercise such a right to make changes or cancellations to bookings to which he may otherwise be entitled. This is because of the discounted rates that Secret Escapes has managed to secure with the Supplier, which is generally on the basis that the booking is final and cannot be changed. Members should therefore be aware that any Products purchased through the Website cannot be changed and are non-cancellable and non-refundable, unless otherwise stated, or unless the Supplier has agreed to this in writing.
8.4. Depending on the reason for cancellation, you may be able to reclaim any cancellation charges payable (less any applicable excess) under the terms of your insurance policy. All claims must be made directly to the insurance company concerned.
9. Cancellations by Suppliers
9.1. Most changes that a Supplier may make are minor but occasionally, we have to notify you of a "material alteration" that a Supplier may make. A material alteration is a change made before departure which, taking account of the information given to us at the time of booking and which we can reasonably be expected to know, we can reasonably expect to have a major effect on your stay. In the unlikely event of the Supplier cancelling or amending your booking for a Product after the booking has been made, we will tell you as soon as possible and seek to secure from the Supplier the offer to you of the following options (depending on the Product you have booked):
9.1.1. for material alterations, accepting the changed arrangements;
9.1.2. for hotel only reservations, a choice of accepting an alternative offered by the Supplier. In the case of no alternative being available from the Supplier, the Supplier may instruct us to cancel the booking and give a full refund of all monies paid to the Supplier;
9.1.3. purchasing an alternative package of a similar standard to that originally booked if available from the Supplier. You must pay the applicable price difference of any such package. This will mean that you would be required to pay the price difference if the package is more expensive or receiving a refund of the price difference if it is cheaper; or
9.1.4. cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to the relevant Supplier.
9.2. Please note: Notwithstanding the foregoing, the Supplier may not provide you with the above options where any change made is a non-material one. Subject to applicable laws, a change of flight time for flights of less than 12 hours, airline type or aircraft (if advised) or destination airport will generally be considered as non-material changes. When cancellations or changes do occur, Secret Escapes does not assume any responsibilities or liabilities and shall not be held liable for reimbursement of extra costs arising from the change in booking which you may incur (for example for travel expenses, or other accommodation) , subject to applicable laws. In the rare cases that a Supplier cancels your booking after it has been accepted, you will be notified by the Supplier, or Secret Escapes acting on their behalf. As Secret Escapes is an agent acting on behalf of other Suppliers, and your contract once you've booked is with the Supplier, we will support you in getting a refund or changing your dates. Secret Escapes is not responsible for costs associated with a cancellation by the Supplier. We always recommend that you buy travel insurance to cover against cancellations and other contingencies. For further information on insurance, please see Clause 14 below.
10. Cancellations by you
10.1. While our bookings have a 100% non-cancellable/non-refundable policy, in the event that you contact us to request to cancel your booking, we will contact the relevant Supplier. However, you are also bound by their terms and conditions and a cancellation is not always possible and where it is, charges may apply.
10.2. Important: For any cancellation affecting the flight component of a tour operator package, you shall incur minimum cancellation charges equivalent to the price of the flight.
11. Termination and Suspension
In the event that a Member breaches these Terms and Conditions, Secret Escapes reserves the right to suspend or terminate a User or Member’s access to the Service and the Account, and to suspend the Member’s membership, and any such person must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
12.1. If you are unhappy with any aspect of the Products that you have purchased through the Website and wish to complain, then please raise this with the relevant Supplier directly so that they can try to address any issues raised and put your complaints in writing to them if possible (some Suppliers provide a feedback form). If you are still not satisfied with the response, then please contact the Supplier directly within 30 days of your return.
12.2. If you're unhappy with any aspect of your experience, please take this up with the relevant Supplier. They will deal with the situation immediately, or will deal with your query in a reasonably practicable manner. In these cases, Secret Escapes cannot assist in your complaint.
12.3. If you feel the Product is not as described on the Website, please take this up with the relevant Supplier in the first instance. However, please also let us know as soon as possible and we will assist you in attaining a resolution.
12.4. For flight or transport problems please contact the Supplier (you should be provided with an emergency number). Delays to flights, etc. should be dealt with the Supplier. Please always read all information given to you by the Supplier and check their terms and conditions before you go on holiday. Subject to applicable laws, Secret Escapes does not assume any responsibility or liability and shall not be liable for any flight issues which may affect your stay and such issues should be taken up with the relevant Supplier.
13.1.We are not always in a position at the time of booking to confirm the flight timings of your flight, as provided by the relevant Supplier. The flight timings shown on our Website and/or detailed in your booking details are for guidance only from the relevant Supplier and are subject to alteration and cancellation at any time by the relevant Supplier. The relevant Supplier will confirm the flight timings that you have been allocated. Where a window of flight timings is given, you will be allocated flight timings within that window according to availability on the date you have booked with the relevant Supplier; any complaints regarding flight timings given to you within that window will generally not be accepted by a Supplier.
13.2. Flight timings are outside our control. They are set by airlines and are subject to various factors including route changes and cancellations, air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
13.3. Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets before departure by the relevant Supplier that you have booked with. You must accordingly check your tickets / e-tickets very carefully immediately on receipt to ensure you have the correct flight timings. It is possible that flight timings may be changed even after tickets have been despatched. We (on behalf of the relevant Supplier) or the Supplier, will contact you as soon as possible if this occurs. Please refer to the relevant Supplier’s terms and conditions regarding flights. As Secret Escapes acts as its agent, it does not assume any responsibility or liability and shall not be liable for any loss incurred arising out of or in connection with a flight booking.
14.1. We consider adequate travel insurance to be essential to insure you while you're away. Please ensure that you have a valid travel insurance policy from the time of booking your holiday for the countries you will be travelling to or through, and to cover the activities that you may undertake whilst you are on holiday and against any failure or disruption in the provision of the Product arising out of any insolvency on the part of Secret Escapes. It is essential that all members of the party who made the booking and travellers for whom the payment or deposit is or to be made for the booking are covered by the policy or have their own adequate policy in place. You must ensure you read all conditions and information applicable to any policy you purchase.
14.2. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate, for your particular needs.
16.1. Secret Escapes makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific activities, transactions, deals or results from the use of our Website and Services and that the User’s request can or will be fulfilled.
16.2. No part of this Website is intended to constitute advice and we do not assume any advisory, fiduciary or other similar duties nor act as a tour adviser to the User, and the Content of this Website shall not constitute or be construed as any advice.
16.3. The information on this Website is not designed with commercial purposes in mind. Commercial use of the Content of this Website is forbidden under Clause 2 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and Secret Escapes makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.
16.4. Whilst every effort has been made to ensure that all descriptions of services available from Secret Escapes correspond to the actual services available, Secret Escapes is not responsible for any conflict, inconsistency or contradiction of these descriptions.
16.5. The Website may contain opinions, recommendations, statements and information provided by third parties. Secret Escapes does not represent, endorse or guarantee the truthfulness, accuracy or reliability of any such third party Content, or endorse any opinions or recommendations expressed by such third parties. Users acknowledge and agree that they download or otherwise obtain material and data through the use of the Website at their own discretion and risk and any reliance on third party Content will be at the User’s own risk. Subject to applicable laws, you agree that you shall be solely responsible for any damage to your computer system or loss of data that results from the download of any such material or data.
16.6. Subject to applicable laws, Secret Escapes shall not be liable for and accepts no responsibility for any information presented by a third party (including Suppliers), including but not limited to pricing, liability in connection with bookings and cancellations, performance of any contracts entered into between you and Suppliers, or any other circumstances that may arise during your trip.
16.7. Secret Escapes cannot guarantee that the use of the Website will be uninterrupted or the Website is free from infection by viruses or any material that has contaminating or destructive properties. You must not misuse the Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website.
16.8. Any destination/attraction/tour/travel guide information on this Website written or provided by Secret Escapes is purely for information. Secret Escapes endeavours to ensure that such information is accurate; however, Secret Escapes provides no guarantee that such information is accurate or not misleading. Such information does not form part of your agreement with any third party including Suppliers) and is provided solely as additional background content.
17. Availability of the Web Site
17.1. The Service is provided on an "as is" and "as available" basis. We make no representation, guarantee or warranty that the Service will be free of defects and/or faults and/or available. To the maximum extent permitted by the law we make no representation, guarantees or warranties (express or implied) that the Service is fit for a particular purpose, compatible with the facilities that you access the Service from and/or is of satisfactory quality.
17.2. Access to the Website is permitted on a temporary basis and Secret Escapes reserves the right to withdraw or amend the Service without notice. Secret Escapes shall not be liable if for any reason the Website is not available at any time or for any period.
17.3. Whilst Secret Escapes makes every effort to keep information and Content featured on the Website up-to-date and accurate, Secret Escapes makes no guarantee that the information and/or Content on the Website is accurate or up-to-date. If it is discovered that any of the information and/or Content on the Website is inaccurate, then Secret Escapes will use its reasonable endeavours to correct any errors or omissions as quickly as possible after being notified of them.
17.4. Subject to applicable laws, Secret Escapes accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship, or where Secret Escapes is updating the Website in any way.
17.5. You are responsible for making all arrangements necessary for you to access the Website.
18. International Use
We make no representation that Content on the Website is appropriate or available for use in locations outside Malaysia, and accessing it from territories where the Content is illegal is prohibited. If you choose to access the Website from a location outside Malaysia, you agree and acknowledge that you do so on your own initiative and you are responsible for compliance with local laws.
19. Limitation of Liability
19.1. To the maximum extent permitted by law, Secret Escapes assumes no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising out of or in connection with the use of the Website or any information contained therein (including the Content) or any reliance on the Website or the Products sold through the Website on behalf of Suppliers, whether in contract, tort (including negligence), breach of statutory duty or otherwise. Users agree and acknowledge that they use the Website and its Content at their own risk.
19.2. Subject to the Clause 19.3 below and the applicable laws, Secret Escapes disclaims all liability, representations, warranties, whether express or implied by statute, custom or usage, relating to the information (including the Content) contained on this Website.
19.3. Nothing in these Terms and Conditions excludes or restricts Secret Escapes' liability for death or personal injury resulting from any negligence or fraud on the part of Secret Escapes.
19.4. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with all relevant laws, in the event that any of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable in any jurisdiction, that term or any part thereof (with respect to any access and/or use of this Website by a User in that jurisdiction) is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. For the avoidance of doubt, such severance shall only apply with respect to any access and/or use of this Website by a User in the jurisdiction where such term is found to be unlawful, invalid or otherwise unenforceable and shall not apply with respect to any access and/or use of this Website by a User in any other jurisdiction where such term is lawful, valid and enforceable.
20.1. The User shall at all times, defend, indemnify and keep indemnified Secret Escapes in full for all losses, costs, expenses, claims, demands, awards, fines, penalties, liabilities of whatsoever nature (whether present, future, contingent or otherwise and including legal fees on a full indemnity basis) and howsoever arising, which may be sustained, suffered or incurred by Secret Escapes as a result of the following:
20.1.1. any act or omission of the User, including the use of the Website;
20.1.2. any breach, potential breach or threatened breach of the User’s obligations under these Terms and Conditions, or any statutory requirement, duty or law; and/or
20.1.3. the User’s fraud, misconduct or misuse of any technology or any Intellectual Property rights under these Terms and Conditions.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, such failure shall not be construed as a waiver of that right or remedy. No remedy conferred by any of the provisions of these Terms and Conditions is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by any of the parties shall not constitute a waiver by such party of the right to pursue any other available remedies.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the latest provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Travel information
23.1. Please note that we can provide general information about the passport and visa requirements for your trip, but the compliance with 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 in relation to 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 assume any liability for any decisions made or reliance on the basis of the information provided.
23.2. 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. If you or any member of your party is not a Malaysian Citizen or holds a non-Malaysia Passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) you are travelling to or through. Neither we nor the Suppliers assume any responsibility for any loss incurred if you cannot travel because you have not complied with any passport, visa or immigration requirements.
23.3. 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.
All notices / communications shall be given to us by email to firstname.lastname@example.org Such notice will be deemed received 3 days after posting if sent by first class post, and the day of sending if the email is received in full on a business day and within our business operation hours and on the next business day if the email is sent on a weekend or public holiday or after our business operation hours.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Secret Escapes shall be governed by and construed in accordance with the laws of Malaysia (in relation to contractual and non-contractual matters). Both Secret Escapes and you agree to submit to the exclusive jurisdiction of the Courts of Malaysia in the event of any dispute that arises between us (whether of a contractual or non-contractual nature) arising out of or in connection with your access and/or use of this Website.
Notwithstanding anything herein, these Terms and Conditions shall be read subject to any applicable laws and in the event of any inconsistency between these Terms and Conditions and the applicable laws, the applicable laws shall prevail to the extent of such inconsistency.
26. Force Majeure
Any delay in or failure of performance by Secret Escapes under these Terms and Conditions shall not be considered a breach of these Terms and Conditions and Secret Escapes shall be excused from performance to the extent that such delay or failure is caused by any occurrence beyond the reasonable control of Secret Escapes including, but not limited to, acts of God, power outages, natural disaster, closure of airspace and governmental restrictions, adverse or severe weather conditions, strikes, civil unrest or threat thereof, and war or threat thereof and breakdown of internet services.
27. Payment Terms
27.1. Bills and Payments
We only accept payments by credit or debit card or via Pay Pal. For your convenience and in order to safeguard your payment information all payments are transacted through the secure server of our on-line payment processing provider and once you have entered all relevant information correctly payments will be taken automatically. Invoices are immediately sent to you by E-mail and may be accessed at any time via your Account.
27.2. Payment Terms
When paying bills, time is of the essence and we ask you to ensure that your card details are valid and that you have sufficient funds available.
In the event that a payment fails we will ask you to provide updated payment details. We may temporarily suspend your Account if an amount remains unpaid for more than 14 days. We reserve the right to charge interest at a rate of 4% per annum over the Singapore Interbank Offered Rate (SIBOR) or another reference interest rate that we may choose on all amounts that remain outstanding 30 days after the issue of our invoice.
27.3 Refunds and Cancellations
If you have any query about an amount that has been charged by us to your card, please contact us straightaway. 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.
Refunds are at the sole discretion of Secret Escapes.
28. Changes to these Terms and Conditions
Secret Escapes reserves the right to make changes to these Terms and Conditions as it deems appropriate from time to time, or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the amended Terms and Conditions on your first use and/or access of the Website following the alterations. In the event that there are any material changes to these Terms and Conditions, Secret Escapes will use reasonable endeavours to advise you of the changes that have been made but it is your responsibility to check regularly for updates to these Terms and Conditions. Each version of these Terms and Conditions shall be effective on the date from which the amended Terms and Conditions are posted on the Website. Unless stated otherwise, these Terms and Conditions shall apply to your use and/or access of the Website and the Service.
29. Entire relationship
29.1. These Terms and Conditions and any documents or policies referred to herein shall govern the entire relationship between you and Secret Escapes to the exclusion of any other terms.
29.2. Nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between you and Secret Escapes. No party has authority to enter into agreements of any kind on behalf of the other party.
1. Information we may collect from you
1.1. For access to our hand-picked hotels at Members-only rates, all we require is your email address so that you can sign in to our website securely (using your own unique password) and receive our latest and greatest offers directly in your inbox.
1.2. By signing up with Secret Escapes, we ensure that all Members are able to create and manage their account and email preferences when they sign in to the Website, so that they may receive as many, or as few, emails as they like. Under our Anti-Spam Policy, we require your consent before we send you any marketing emails, and members may opt-out or change email preferences by following a link in the footer of all marketing emails, or by visiting their account settings on the Website once they have created an Account.
1.3. Members of Secret Escapes who have an Account reserve the right to manage their email preferences and may choose to opt-out of marketing communications, and yet maintain full access to the Website. You will need to adjust your account settings on the Website to specify your preferences, or email us at email@example.com if you wish to opt-out of receiving marketing communications from us.
1.4. Some communications (for example, important account notifications and billing information) are considered transactional and are necessary for the processing of transactions made through the Website. We will therefore continue to send these communications to you (where you have made a booking through us) even if you have unsubscribed from receiving marketing communications from us, unless you cancel your Account to unsubscribe from these communications and ask for your Account to be removed. To cancel your Account, please email us at firstname.lastname@example.org. Please note that where you cancel your Account with Secret Escapes, we will still hold on to any transactional data for a reasonable period of time, in case there are any issues that may need to be resolved relating to your booking. These details will be stored in our secured database.
1.5. When you make a booking through our Website, you will be directed to the payment page where you can enter your payment details. We do not store financial details such as credit card numbers. Our payment platform provider will be provided with the details of your booking that we have collected from you, so that they can process your payment to our account. Once we have received your payment into our account, we will then make the relevant payments to the provider of your holiday or travel arrangements.
2. How we use this information
2.1. Any personal information such as email address or postcode is held by us for the sole purpose of communicating with you as you have requested and for processing any bookings you make through us. We may disclose this information to the Supplier for the purposes of providing the Product to you. We may also use your personal information to send you newsletters if you have subscribed with us or opened an Account, at the frequency you request, and reply and correspond with you if you give us feedback or apply for a job with us. This includes any information you may provide to us on your return from holiday or any emails or records of telephone conversations we may have with you.
2.2. We will not share this information with any other parties unless we need to do so in order to fulfil your arrangements booked with third party providers (including the Suppliers), or as specifically stated in any special terms and conditions as is sometimes the case with competition entries, or as we are required to do so by law.
2.3. Please note that in order to complete your booking, we will need your name, address and/or email address, travelling dates, personal identification details, together with other information relevant to your booking (for example, your passport number and those for people within your group). This is so that we can process your booking and pass this to the third parties providing your booked arrangements (eg, hotels, airlines, public authorities such as customs and immigration if required, etc), so that they have the relevant information to provide your booked arrangements. This applies to sensitive personal data that you may give to us, such as information relating to disabilities, dietary requirements and/or religious beliefs. This may involve the transfer of information outside Malaysia and by providing us with this information you agree to provide your consent (and the consent of those included in your group) to transfer such information out of Malaysia. If you provide us personal data or information about another person, you confirm that he/she has appointed you to act for him/her, to consent to the processing of his/her personal data and to receive on his/her behalf any data protection notices. If you are travelling to the United States, the US Customers and Border Protection will receive this information for the purposes of preventing and combating terrorism and other transnational serious crimes.
2.4. We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the Companies Act 1965. We may disclose your personal information to third parties in the event that we sell or buy any business or assets and for the purposes of such sale or purchase (in which case we may disclose your personal data to the prospective seller or buyer of such business or assets).
3. Cookies and our website
3.1. In addition to personal information that you choose to give us, we may also collect information about your computer (to verify that the activity on our Website is from genuine sources) and about your general usage of the Website in accordance with the applicable laws. This may include your IP address, operating system, web browser software, screen resolution and referring website.
1. to estimate our audience size and usage pattern;
2. to store information about your preferences, and so allow us to customise our site according to your individual interests;
3. to speed up your searches; and/or
4. to recognise you when you return to our Website.
3.4. Unfortunately, the transmission of information via the internet may not be completely secure. We will do our best to protect your personal data by making reasonable security arrangements. Once we have received your information, we will use strict procedures and security features to prevent unauthorised access as required under the applicable laws.
4. Your rights
You have the right to ask Secret Escapes not to process your personal data for marketing purposes and to correct and withdraw your consent to the collection, use or disclosure of your personal data subject to the Personal Data Protection Act 2010. You also have the right to access and make correction of information held about you by Secret Escapes by contacting us at the contact details provided in paragraph 7 below. Your right to access can be exercised in accordance with and subject to the Personal Data Protection Act 2010, as amended from time to time, and any access request may be subject to a fee of 60 MYR to meet our costs in providing you with details on your personal data.
6. Validity / changes
7. Queries / Contact us
Secret Escapes Ltd
0843 22 77 777