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Terms and Conditions
1. Terms of Use
This Website is owned and operated by Secret Escapes. Your access toand/or use of the Website is governed by these terms and conditions and thePrivacy Policy published on the Website (collectively, the “Terms and Conditions”), which Terms andConditions shall apply where you are a visitor to the Website and/or if youhave an account or have registered with us or are a Member and you are advisedto read these Terms and Conditions carefully before using or making any bookingon the Website. You are deemed to agree to comply with and be bound by theseTerms and Conditions upon your first access and/or use of the Website. If youdo not agree to be bound by these Terms and Conditions, you should stopaccessing and using the Website immediately. By continuing to access and/or usethe Website, you agree and are deemed to agree to continue to be bound by theseTerms and Conditions.
Definitions and Interpretation
In these Terms and Conditions (including Clause 1), the following termsshall have the following meanings:
"Acceptance" means the process by whichSecret Escapes accepts a Member\'s offer to purchase a hotel stay, holiday orpackage which may include travel costs as advertised for purchase on theWebsite and/or as notified to a Member in any communications sent by SecretEscapes, as set out in detail in Clause 6.3 of these Terms and Conditions;
"Account" means the personalinformation, payment information and credentials used by the User to access theService, 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 acomputer that appears on or forms part of the Website;
"Member" means any User of theWebsite who has chosen to become and has been accepted as a member of SecretEscapes, and who is required to comply with these Terms and Conditions togetherwith any other terms of membership that Secret Escapes may issue to the Memberfrom time to time;
"Products" means the products andservices that a Member may book with a Supplier through the Website, which mayinclude a package holiday, accommodation, flights, experiences, tours and anyother travel service or product as provided by Suppliers and as detailed on theWebsite from time to time;
"Secret Escapes" meansSecret Escapes Limited (registered in England & Wales under company number07026107) 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 theWebsite from time to time;
"System" means any onlinecommunications infrastructure that Secret Escapes makes available through theWebsite from time to time, and includes, but is not limited to, web-basedemail, message boards, live chat facilities, mobile applications and emaillinks;
"Supplier" means any third-partywhich sells or otherwise arranges for tours, holidays, products and otherservices (whether a tour operator, hotel, airline, ground handler or any othersupplier or provider), who shall be directly responsible to a Member who makesa booking for a Product on the Website;
"User" means any individualwho accesses the Website and is not employed by Secret Escapes or acting in thecourse of their employment, whether as a Member or otherwise;
"Website" means the website ofSecret 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 thepurposes of allowing the Users to make bookings for Products and anysub-domains thereof unless expressly excluded by their own terms andconditions, and any other url address as Secret Escapes may nominate from timeto time.
Intellectual Property and terms of use
2.1. Ownership: Unlessotherwise expressly indicated, all Content included on the Website (save for thoseuploaded by Users and accepted for inclusion on the Website by Secret Escapes)including, but not limited to, text, graphics, logos, icons, images, soundclips, video clips, data compilations, page layout, underlying code andsoftware, 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 propertyof Secret Escapes, or our affiliates or licensors or other third partiesrecognised by Secret Escapes. By continuing to access and/or use the Website,you agree and acknowledge that such Intellectual Property is protected byapplicable laws and internationaltreaties and that you can only use the Intellectual Property for the purposesof viewing the Content and using the Website.
2.2. Allowed use: Subject to these Terms and Conditions and prior writtenpermission by Secret Escapes, you may print, reproduce, copy, distribute, storeand re-use in any other manner the Content from the Website for personalpurposes only, unless otherwise indicated on the Website. Personal use meansrecreational use, social use, and use for the purposes of education as astudent or teacher. Specifically, you agree that:
i. you will notuse the Content of the Website for commercial purposes; and
ii. you will notsystematically copy Content from the Website with a view to creating orcompiling any form of comprehensive collection, compilation, directory ordatabase unless given express written permission to do so by Secret Escapes.
2.3. Trade marks: "Secret Escapes" and the logo of Secret Escapesare trade marks of Secret Escapes. Notwithstanding Clause 2.2, all other trademarks, service marks and trade names used on the Website are the property oftheir respective owners and are used by Secret Escapes under licence forinclusion on the Website. All trade marks, service marks and trade names andlogos featured on the Website shall not be reproduced, copied, downloaded orotherwise used or exploited for any purpose without the permission of SecretEscapes or the relevant owner.
2.4. Third Party Intellectual Property: Where expressly indicated, certainContent and the intellectual property rights subsisting therein belong to otherthird parties, and, unless otherwise expressly stated by Secret Escapes, doesnot fall within the scope of Content that Secret Escapes may permit the User touse for personal purposes under Clause 2.2. Any such Content will beaccompanied by a notice providing the contact details of the relevant owner andany separate policy or terms of use that may be relevant.
2.5. Content thatyou or other Users may upload: Commentary and other materials posted on theWebsite are not intended to amount to information on which you should rely. Subjectto applicable laws, Secret Escapes does not assume any responsibility orliabilities and disclaims all liability and responsibility arising fromreliance on such Content and other commentary/materials uploaded by any User orother third party. Where Secret Escapes provides any interactive services onthe Website, we will do our upmost to ensure that such services are providedand used in accordance with these Terms and Conditions and the applicable lawsand regulations, although please note that we are under no obligation tomonitor or moderate any such interactive services. We do, however, reserve theright to remove any Content or materials uploaded by you or any other User orthird party on the Website in our sole discretion.
3. Links toOther 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 thatof our affiliates. Subject to applicable laws, we assume no responsibility for andmake 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 websitesand disclaim all liabilities for any and all forms of loss or damage arisingout of or in connection with the access and/or use of them. The inclusion of alink to another site on this Website does not imply any endorsement orrecommendation of or affiliation with the sites themselves or of theiroperators and/or administrators nor are we necessarily agents or partners ofsuch operators and/or administrators.
4. Links tothis Website
Those wishing to place a link to this Website on other sites may do soonly to the home page of the Website www.secretescapes.com without priorpermission provided that this is done in a manner that is fair and legal anddoes 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. linksto specific pages within the Website), framing or other such activity requiresthe express prior written permission of Secret Escapes. To find out more,please contact us by email at support@secretescapes.com.my
5. The Service
5.1. Logindetails: Where you are provided with login details to access the Website as aUser (whether as a Member or registered User), you must treat these logindetails as confidential and not disclose such details to any other third party.Any login or access to the Website by using your login details shall be deemedto have been made by you and you shall be solely responsible for all activitiesand transactions conducted through the Website using your Account. You cancreate and manage your own Account within the Website and we shall hold yourinformation within your Account section within the Website in accordance withour Privacy Policy. We have the right to disable any User identification codesor login details (including access to your Account), whether chosen by you orallocated by us, at any time if in our opinion you have not complied with anyprovision of these Terms and Conditions.
5.2. What Secret Escapes does: Secret Escapes is an exclusive Members only traveland travel-related products website. It sells (on behalf of Suppliers as theiragent) hotel stays, holidays and package deals, having secured great discountedrates with various Suppliers. Each booking that a Member may make throughSecret Escapes with Suppliers will be made up of one or more offers which maybe available at any given time. Members book individual offers from Supplierswithin a sale window that is offered, as detailed from time to time on theWebsite. 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 mayinclude additional items or components, such as meals or activities. For the avoidanceof doubt, unless explicitly stated in the offer or sale description, offers arefor accommodation only. All Products shown on the Website (or as notified toMembers through email communications) are subject to availability and Members agreeand acknowledge that they will check that an offer is still available beforebooking. We reserve our discretion to modify, vary, supplement, suspend and/orterminate one or all of the Services (whether in part or as a whole).
5.3. SecretEscapes acts as an agent of Suppliers whose Products are featured on theWebsite or communicated to Members through the Website. Secret Escapescarefully selects the Suppliers with whom it acts as an agent (based on theirexperience, reputation, feedback on quality of services, etc) in order forMembers to contract directly with those Suppliers for the provision of thesefeatured Products. Secret Escapes provides the opportunities for Members tobook Products with Suppliers at great rates by providing the Service, butSecret Escapes is not responsible in any way for the provision of the Productswhich a Member may purchase from the Suppliers through the Website, and allcontracts for provision of the Products that a User may purchase are subject tothe applicable booking terms and conditions of the relevant Supplier with whoma Member may contract and as notified to the Member at the time of booking.Secret Escapes is not privy to any communications, dealings and transactionsbetween any Member and any Supplier. Secret Escapes does not warrant orguarantee the quality and standard of the Products offered on the Website bySuppliers for whom Secret Escapes acts as agent. Any concerns regarding theProducts purchased by a Member from a Supplier must be brought to the attentionof the Supplier by the Member directly (please see Complaints section furtherbelow), as the Supplier is directly responsible to you for bookings you havemade with the Supplier through the Website.
5.4. Rates andSuppliers terms: Secret Escapes negotiates discounted prices with Suppliers.The sale price displayed on the Website is the discounted price (including thecommission payable to Secret Escapes). When buying Products through theWebsite, your contract will be with the Supplier (e.g. the hotel company) andnot Secret Escapes. Secret Escapes only acts as an agent for the Supplier.Accordingly, Secret Escapes is not responsible for the conditions orlimitations placed on any sale by the Supplier of the Product being sold (suchas, by way of example, the inability to cancel a booking once placed). Separateterms and conditions will apply to your booking and purchase of the Productspurchased through any sale on the Website. You agree to abide by the terms andconditions of the Supplier with whom you contract, including compliance withthe Supplier’s rules and restrictions regarding availability and use of faresand the Products. You agree and acknowledge that any breach of any Supplier’sconditions may result in cancellation of your booking, denial of access to any Productsyou have booked and / or forfeiture ofany monies paid for such booking, and that Secret Escapes may debit your Accountfor any costs Secret Escapes incurs as a result of such breach.
5.5. SaleInformation:
All our prices are shown in Ringgit Malaysia and include the applicablegoods and services tax (“GST”). Subjectto Clause 5.4, Secret Escapes sells hotel stays and holidays at discountedprices. The sale descriptions on the Website specify the prices and what isincluded in your purchase, as well as any special conditions that apply. We makeevery effort to avoid errors in our sales descriptions and prices. However, wereserve the right to correct errors in sales descriptions and prices beforeAcceptance of your order. Unless otherwise stated in the sale description, theprices shown are for rooms only and do not include other potential costs suchas travel costs or local taxes.
We aim to use photographs and descriptions to give an accurateillustration of the Products. They are not intended to be exact, for exampleyou are not guaranteed an identical view to that shown in a sale photo.
We show a percentage discount as part of the sale information. Thiscompares our sale price against the "rack rate" provided by the Supplier.When additional services (such as meals or activities) are included in thesale, we add these to the rack rate.
6. Making abooking
6.1. SaleInformation: The advertising of Products on the Website constitutes an"invitation to treat". Any Products detailed on the Website aresubject to availability and therefore we need to check availability once aMember indicates that they would like to make a booking for a Product, beforethis can be confirmed. A Member\'s request to book a Product constitutes acontractual offer to purchase that Product and no legally binding contract shallcome into force between a Member and a Supplier unless and until there has beenAcceptance by a Supplier (as notified to a Member by Secret Escapes) inaccordance with Clause 6.3. By making a request to book a Product, you agreeand represent and warrant to us that:
i. you are atleast 18 years old;
ii. you are notbankrupt or insolvent;
iii. you have thecapacity to enter into binding contracts;
iv. you have avalid credit or debit card issued by a bank that is acceptable to us; and
v. you arepurchasing the Products for your own personal use or for the personal use ofanother person(s) and not for the purpose of resale or other commercialpurposes.
6.2. We have theright at our discretion to ask you for proof of any aspect of your status asset out in Clause 6.1.
6.3. For Acceptance of a booking for a Product to take place, the followingsteps shall be completed:
6.3.1. the Memberwill need to offer to purchase a Product on the Website;
6.3.2. Secret Escapes will issue an automated online acknowledgement confirmingreceipt of the booking. Please note that such automated acknowledgement is notAcceptance of the booking request, but an acknowledgement that the bookingrequest has been received and that Secret Escapes will contact the Supplier tocheck availability prior to any contract coming into existence;
6.3.3. Upon receipt of an offer to purchase a Product, Secret Escapes will (followingthe issue of the automated response referred to in Clause 6.3.2 above) checkthat no details of a Product need to be corrected and that there are noaccidental errors or omissions in the sale description of the Product, andcheck the availability in respect of the Product with the relevant Supplier. Inthe event that any such errors or omissions need to be corrected, or a Productis no longer available, Secret Escapes will provide notification of this to theMember as soon as reasonably practicable. Secret Escapes shall not be liable tothe Member and/or any person due to unavailability of any Product after anoffer to purchase has been placed; and
6.3.4. Following checks made by Secret Escapes relating to the Product that aMember has requested to book and subject to confirmation of availability of theProduct, Secret Escapes will issue a notification to the Member by email that abooking with a Supplier has been made, such notification being Acceptance of abooking for a Product on behalf of a Supplier and a legally binding contractshall then be created between the Member and the relevant Supplier forprovision of the Product in accordance with the relevant Supplier’s terms andconditions from the moment the notification is sent by e-mail to the Member bySecret Escapes. For the avoidance of doubt, the contract is validnotwithstanding that the Member has not received the notification or thenotification was not communicated to the Member and that Secret Escapes and theMember acknowledge and agree that that “receipt rule” shall not apply in anypurchase of Products on the Website.
6.4. For the avoidance of doubt, Secret Escapes reserves the right to alteror amend the details of a Product or withdraw a Product at any time up to thepoint of Acceptance in the event that it is aware of any error or omissionrelating to the details of the Product or in the event that it receives arequest to do so from the Supplier of the Product.
6.5. Please make sure that you are eligible and able to travel on the datesof 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 thebooking. 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. SecretEscapes cannot accept bookings that are conditional on the fulfilment of aspecial request.
6.7. If you havea medical condition which may affect your booking, please let us know beforemaking a booking so that we can find out if the Product is suitable before youmake a booking.
6.8. There\'s a\'hold\' functionality available for most of our sales. This works by allowingMembers to pay a 150 MYR fee to hold a date for the duration of the sale. Foravoidance of doubt, \'holding\' a sale does not constitute a booking or making anoffer to purchase a particular Product; it simply prevents other Secret EscapesMembers from booking that allocation. A hold is NOT a deposit on a booking andis not a guaranteed or confirmed booking. In the event the Member makes abooking for the Product during the holding period, the holding fee will becredited towards part payment for the Product. In the event no booking for theProduct is made on the expiry of the holding period, the holding fee shall notbe refunded to the Member. In the event that a hold has to be cancelled bySecret Escapes due to that date being closed out by a Supplier, we will credityour Secret Escapes account with 150 MYR, but subject to applicable laws, we donot assume any obligations or liabilities to reimburse the Member and shall notbe liable for any extra costs incurred by the Member (for example, if travelhas already been booked separately).
6.9. Once your booking has been completed in accordance with Clause 6.3 andpayment 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 theProduct that you have booked. Please note this is not a booking confirmationwith all details of your itinerary, etc, which will be sent to you by therelevant Supplier separately, and our booking receipt merely confirms receiptof monies that we have received on behalf of the Supplier and details of thedates your Product has been booked for.
6.10. When youreceive documentation for your hotel stay/holiday, please ensure that you checkthat these are correct and in the case of travelling abroad, that they matchthe names and ages on the passport(s) of the travellers.
6.11. Subject toapplicable laws, Secret Escapes does not assume any obligations or liabilitiesfor the issue of your tickets and/or travel documents and shall not be liablein the event that your tickets and/or travel documents don\'t arrive by post oremail. Please contact the hotel/tour operator should you not receive these.
7. PaymentTerms
7.1. Bills andPayments: We only accept payments by credit or debit card or via Pay Pal. Foryour convenience and in order to safeguard your payment information, allpayments are transacted through the secure server of our on-line paymentprocessing provider and once you have entered all relevant informationcorrectly, payments will be taken automatically. Invoices will be immediatelysent to you by e-mail and may be accessed at any time via your Account. We takeyour personal privacy and financial security extremely seriously - see ourPrivacy Policy for more information.
7.2. PaymentTerms: When paying bills, time is of the essence and we ask you to ensure thatyour card details are valid and that you have sufficient funds available.
7.3. Failedpayments: In the event that a payment fails, we will ask you to provide updatedpayment details. We may temporarily suspend your Account if an amount remainsunpaid for more than 14 days. We reserve the right to charge interest at a rateof 4% per annum over the Kuala Lumpur Interbank Offered Rate (KLIBOR) oranother reference interest rate that we may choose on all amounts that remain outstanding 30 days after the issue of ourinvoice.
7.4. Refunds andCancellations: If you have any query about an amount that has been charged byus to your card, please contact us straightaway. In the event that we find apayment has been taken in error, we will refund the amount immediately to yourcredit or debit card. Once notification of Acceptance is sent to you, thebooking shall be confirmed and final, and shall not be cancelled without theprior written consent of the relevant Supplier, and all payments made arenon-refundable. We shall not be liable to you and/or any person for any failureto refund the payment to you in the event the relevant Supplier does not allowcancellation of booking.
7.5. Credit andIncentives: There is no limit to the amount of Products you can acquire. Infact we\'d love you to tell all of your friends about us. However, if you try togain additional credit through falsifying accounts or creating multiple fake Accounts,then such credit will not be considered valid and Secret Escapes shall have theright to cancel such credit when detected. If you gain credit through anincentive for booking Products through the Website in a valid manner, then suchcredit will remain in your Account for up to 12 months (unless an earlierexpiry date is specified), at which point any credit within your Account shall beautomatically deleted.
8. Alterations
8.1. Unlessotherwise stated in the Product description, once Acceptance has taken place inaccordance with Clause 6.3, all Product sales on the Website are final. Ifalterations or cancellations are permitted by the Supplier, there may besubject 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 totheir booking of a Product with a Supplier, then Secret Escapes will use itsreasonable endeavours to assist a Member in the Member\'s attempts to alter orcancel a booking, but can give no guarantee that such attempts will besuccessful and does not assume any responsibilities or liabilities and shallnot be held liable for the reimbursement of any applicable charges that theMember 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, theMember acknowledges and agrees that if a Supplier’s terms and conditionsincludes provisions relating to changes and cancellations of bookings, suchterms shall not apply in respect of bookings made for Products featured on theWebsite and the Member waives and elects not to exercise such a right to makechanges or cancellations to bookings to which he may otherwise be entitled.This is because of the discounted rates that Secret Escapes has managed tosecure with the Supplier, which is generally on the basis that the booking isfinal and cannot be changed. Members should therefore be aware that anyProducts purchased through the Website cannot be changed and arenon-cancellable and non-refundable, unless otherwise stated, or unless theSupplier has agreed to this in writing.
8.4. Depending on the reason for cancellation, you may be able to reclaim anycancellation charges payable (less any applicable excess) under the terms ofyour insurance policy. All claims must be made directly to the insurancecompany concerned.
9. Cancellationsby Suppliers
9.1. Most changesthat a Supplier may make are minor but occasionally, we have to notify you of a"material alteration" that a Supplier may make. A material alterationis a change made before departure which, taking account of the informationgiven to us at the time of booking and which we can reasonably be expected toknow, we can reasonably expect to have a major effect on your stay. In theunlikely event of the Supplier cancelling or amending your booking for aProduct after the booking has been made, we will tell you as soon as possibleand seek to secure from the Supplier theoffer to you of the following options (depending on the Product you havebooked):
9.1.1. for materialalterations, accepting the changed arrangements;
9.1.2. for hotel only reservations, a choice of accepting an alternative offeredby 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 ofall monies paid to the Supplier;
9.1.3. purchasingan alternative package of a similar standard to that originally booked ifavailable from the Supplier. You must pay the applicable price difference ofany such package. This will mean that you would be required to pay the pricedifference if the package is more expensive or receiving a refund of the pricedifference if it is cheaper; or
9.1.4. cancelling or accepting the cancellation in which case you will receivea 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 aboveoptions where any change made is a non-material one. Subject to applicablelaws, a change of flight time for flights of less than 12 hours, airline typeor aircraft (if advised) or destination airport will generally be considered asnon-material changes. When cancellations or changes do occur, Secret Escapes doesnot assume any responsibilities or liabilities and shall not be held liable forreimbursement of extra costs arising from the change in booking which you mayincur (for example for travel expenses, or other accommodation) , subject toapplicable laws. In the rare cases that a Supplier cancels your booking afterit has been accepted, you will be notified by the Supplier, or Secret Escapesacting on their behalf. As Secret Escapes is an agent acting on behalf of otherSuppliers, and your contract once you\'ve booked is with the Supplier, we willsupport you in getting a refund or changing your dates. Secret Escapes is notresponsible for costs associated with a cancellation by the Supplier. We alwaysrecommend that you buy travel insurance to cover against cancellations andother contingencies. For further information on insurance, please see Clause 14below.
10. Cancellations by you
10.1. While ourbookings have a 100% non-cancellable/non-refundable policy, in the event thatyou contact us to request to cancel your booking, we will contact the relevantSupplier. However, you are also bound by their terms and conditions and acancellation is not always possible and where it is, charges may apply.
10.2. Important: Forany cancellation affecting the flight component of a tour operator package, youshall incur minimum cancellation charges equivalent to the price of the flight.
11. Terminationand Suspension
In the event that a Member breaches these Terms and Conditions, SecretEscapes reserves the right to suspend or terminate a User or Member’s access tothe Service and the Account, and to suspend the Member’s membership, and any suchperson must not attempt to use the Website under any other name or by using theaccess credentials of another User, with or without the permission of thatUser.
12. Complaints
12.1. If you are unhappywith any aspect of the Products that you have purchased through the Website andwish to complain, then please raise this with the relevant Supplier directly sothat they can try to address any issues raised and put your complaints inwriting to them if possible (some Suppliers provide a feedback form). If youare still not satisfied with the response, then please contact the Supplierdirectly within 30 days of your return.
12.2. If you\'reunhappy with any aspect of your experience, please take this up with therelevant Supplier. They will deal with the situation immediately, or will dealwith your query in a reasonably practicable manner. In these cases, SecretEscapes cannot assist in your complaint.
12.3. If you feelthe Product is not as described on the Website, please take this up with therelevant Supplier in the first instance. However, please also let us know assoon as possible and we will assist you in attaining a resolution.
12.4. For flightor transport problems please contact the Supplier (you should be provided withan emergency number). Delays to flights, etc. should be dealt with theSupplier. Please always read all information given to you by the Supplier andcheck their terms and conditions before you go on holiday. Subject toapplicable laws, Secret Escapes does not assume any responsibility or liabilityand shall not be liable for any flight issues which may affect your stay and suchissues should be taken up with the relevant Supplier.
13. Flights
13.1.We are not always in a position at the time of booking to confirm theflight timings of your flight, as provided by the relevant Supplier. The flighttimings shown on our Website and/or detailed in your booking details are forguidance only from the relevant Supplier and are subject to alteration andcancellation at any time by the relevant Supplier. The relevant Supplier willconfirm the flight timings that you have been allocated. Where a window offlight timings is given, you will be allocated flight timings within thatwindow according to availability on the date you have booked with the relevantSupplier; any complaints regarding flight timings given to you within thatwindow will generally not be accepted by a Supplier.
13.2. Flight timingsare outside our control. They are set by airlines and are subject to variousfactors including route changes and cancellations, air traffic controlrestrictions, weather conditions, potential technical problems and the abilityof passengers to check in on time.
13.3. Specificinstructions relating to departure and travel arrangements will be sent withyour air or other travel tickets before departure by the relevant Supplier thatyou have booked with. You must accordingly check your tickets / e-tickets verycarefully immediately on receipt to ensure you have the correct flight timings.It is possible that flight timings may be changed even after tickets have beendespatched. We (on behalf of the relevant Supplier) or the Supplier, willcontact you as soon as possible if this occurs. Please refer to the relevantSupplier’s terms and conditions regarding flights. As Secret Escapes acts as itsagent, it does not assume any responsibility or liability and shall not beliable for any loss incurred arising out of or in connection with a flightbooking.
14. Insurance
14.1. We consideradequate 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 ofbooking 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 andagainst any failure or disruption in the provision of the Product arising outof any insolvency on the part of Secret Escapes. It is essential that allmembers of the party who made the booking and travellers for whom the paymentor deposit is or to be made for the booking are covered by the policy or havetheir own adequate policy in place. You must ensure you read all conditions andinformation applicable to any policy you purchase.
14.2. Please readyour policy details carefully and take them with you on holiday. It is yourresponsibility to ensure that the insurance cover you purchase is suitable andadequate, for your particular needs.
15. Privacy
Your use of the Website is also governed by our privacy policy, which isincorporated by reference into these Terms and Conditions and accessible forviewing through this link (“Privacy Policy”).
16. Disclaimers
16.1. SecretEscapes 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 particularpurpose, that it will not infringe the rights of third parties, that it will becompatible with all systems, that it will be secure and that all informationprovided will be accurate. We make no guarantee of any specific activities,transactions, deals or results from the use of our Website and Services andthat the User’s request can or will be fulfilled.
16.2. No part ofthis Website is intended to constitute advice and we do not assume anyadvisory, fiduciary or other similar duties nor act as a tour adviser to theUser, and the Content of this Website shall not constitute or be construed asany advice.
16.3. Theinformation on this Website is not designed with commercial purposes in mind.Commercial use of the Content of this Website is forbidden under Clause 2 ofthese Terms and Conditions. Any such use constitutes a breach of these Termsand Conditions and Secret Escapes makes no representation or warranty that thisContent is suitable for use in commercial situations or that it constitutesaccurate data and/or advice on which business decisions can be based.
16.4. Whilst everyeffort has been made to ensure that all descriptions of services available fromSecret Escapes correspond to the actual services available, Secret Escapes isnot responsible for any conflict, inconsistency or contradiction of thesedescriptions.
16.5. The Websitemay contain opinions, recommendations, statements and information provided bythird parties. Secret Escapes does not represent, endorse or guarantee thetruthfulness, accuracy or reliability of any such third party Content, orendorse any opinions or recommendations expressed by such third parties. Users acknowledgeand agree that they download or otherwise obtain material and data through theuse of the Website at their own discretion and risk and any reliance on thirdparty Content will be at the User’s own risk. Subject to applicable laws, youagree that you shall be solely responsible for any damage to your computersystem or loss of data that results from the download of any such material ordata.
16.6. Subject toapplicable laws, Secret Escapes shall not be liable for and accepts noresponsibility for any information presented by a third party (includingSuppliers), including but not limited to pricing, liability in connection withbookings and cancellations, performance of any contracts entered into betweenyou and Suppliers, or any other circumstances that may arise during your trip.
16.7. SecretEscapes cannot guarantee that the use of the Website will be uninterrupted orthe Website is free from infection by viruses or any material that hascontaminating or destructive properties. You must not misuse the Website byintroducing viruses, Trojans, worms, logic bombs or other material which ismalicious or technologically harmful. You must not attempt to gain unauthorisedaccess to the Website, the server on which the Website is stored or any server,computer or database connected to the Website.
16.8. Anydestination/attraction/tour/travel guide information on this Website written orprovided by Secret Escapes is purely for information. Secret Escapes endeavoursto ensure that such information is accurate; however, Secret Escapes providesno guarantee that such information is accurate or not misleading. Such informationdoes not form part of your agreement with any third party including Suppliers)and is provided solely as additional background content.
17. Availabilityof the Web Site
17.1. The Service is provided on an "as is" and "asavailable" basis. We make no representation, guarantee or warranty thatthe Service will be free of defects and/or faults and/or available. To themaximum extent permitted by the law we make no representation, guarantees orwarranties (express or implied) that the Service is fit for a particularpurpose, compatible with the facilities that you access the Service from and/oris of satisfactory quality.
17.2. Access tothe Website is permitted on a temporary basis and Secret Escapes reserves theright to withdraw or amend the Service without notice. Secret Escapes shall notbe liable if for any reason the Website is not available at any time or for anyperiod.
17.3. WhilstSecret Escapes makes every effort to keep information and Content featured onthe Website up-to-date and accurate, Secret Escapes makes no guarantee that theinformation and/or Content on the Website is accurate or up-to-date. If it isdiscovered 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 oromissions as quickly as possible after being notified of them.
17.4. Subject toapplicable laws, Secret Escapes accepts no liability for any disruption ornon-availability of the Website resulting from external causes including, butnot limited to, ISP equipment failure, host equipment failure, communicationsnetwork failure, power failure, natural events, acts of war or legalrestrictions and censorship, or where Secret Escapes is updating the Website inany way.
17.5. You areresponsible for making all arrangements necessary for you to access theWebsite.
18. InternationalUse
We make no representation that Content on the Website is appropriate oravailable for use in locations outside Malaysia, and accessing it fromterritories where the Content is illegal is prohibited. If you choose to accessthe Website from a location outside Malaysia, you agree and acknowledge thatyou do so on your own initiative and you are responsible for compliance withlocal laws.
19. Limitationof Liability
19.1. To themaximum extent permitted by law, Secret Escapes assumes no liability for anydirect or indirect loss or damage, foreseeable or otherwise, including anyindirect, consequential, special or exemplary damages arising out of or inconnection with the use of the Website or any information contained therein(including the Content) or any reliance on the Website or the Products soldthrough the Website on behalf of Suppliers, whether in contract, tort(including negligence), breach of statutory duty or otherwise. Users agree andacknowledge that they use the Website and its Content at their own risk.
19.2. Subject tothe Clause 19.3 below and the applicable laws, Secret Escapes disclaims allliability, representations, warranties, whether express or implied by statute,custom or usage, relating to the information (including the Content) containedon this Website.
19.3. Nothing inthese Terms and Conditions excludes or restricts Secret Escapes\' liability fordeath or personal injury resulting from any negligence or fraud on the part ofSecret Escapes.
19.4. Whilst everyeffort has been made to ensure that these Terms and Conditions adhere strictlywith all relevant laws, in the event that any of these Terms and Conditions arefound 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 thisWebsite by a User in that jurisdiction) is to be deemed severed from theseTerms and Conditions and shall not affect the validity and enforceability ofthe remaining Terms and Conditions. For the avoidance of doubt, such severanceshall only apply with respect to any access and/or use of this Website by aUser in the jurisdiction where such term is found to be unlawful, invalid orotherwise unenforceable and shall not apply with respect to any access and/oruse of this Website by a User in any other jurisdiction where such term islawful, valid and enforceable.
20. Indemnity
20.1. The User shall at all times, defend, indemnify and keep indemnifiedSecret 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 indemnitybasis) and howsoever arising, which may be sustained, suffered or incurred bySecret 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’sobligations 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 anyIntellectual Property rights under these Terms and Conditions.
21. No Waiver
In the event that any party to these Terms and Conditions fails toexercise any right or remedy contained herein, such failure shall not beconstrued as a waiver of that right or remedy. Noremedy conferred by any of the provisions of these Terms and Conditions isintended to be exclusive of any other remedy which is otherwise available atlaw, in equity, by statute or otherwise, and each and every other remedy shallbe cumulative and shall be in addition to every other remedy given hereunder ornow or hereafter existing at law, in equity, by statute or otherwise. Theelection of any one or more of such remedies by any of the parties shall notconstitute a waiver by such party of the right to pursue any other availableremedies.
22. PreviousTerms and Conditions
In the event of any conflict between these Terms and Conditions and anyprior versions thereof, the latest provisions of these Terms and Conditionsshall prevail unless it is expressly stated otherwise.
23. Travelinformation
23.1. Please notethat we can provide general information about the passport and visarequirements for your trip, but the compliance with your specific passport andvisa requirements, and other immigration requirements are your responsibilityand you should confirm these with the relevant Embassies and/or Consulates. Anyinformation supplied by us in relation to these or related matters (such as climate,when to travel, clothing, baggage, personal items, etc.) is given as generalguidance and in good faith but we do not assume any liability for any decisionsmade or reliance on the basis of the information provided.
23.2. It is yourresponsibility to ensure that you and all members of your party are inpossession of all necessary travel and health documents, and in compliance withany other immigration requirements, before you travel. If you or any member ofyour party is not a Malaysian Citizen or holds a non-Malaysia Passport, youmust check passport and visa requirements with the embassy or consulate of thecountry(ies) you are travelling to or through. Neither we nor the Suppliers assumeany responsibility for any loss incurred if you cannot travel because you havenot complied with any passport, visa or immigration requirements.
23.3. Pleaseensure that all your travel, passport, visa and insurance documents are inorder and that you arrive in plenty of time for checking in at the airport. Itmay be necessary to reconfirm your flight with the airline prior to departure.
24. Notices
All notices / communications shall be given to us by email to support@secretescapes.com.my Such notice will be deemed received 3 days after posting if sent byfirst class post, and the day of sending if the email is received in full on abusiness day and within our business operation hours and on the next businessday if the email is sent on a weekend or public holiday or after our businessoperation hours.
25. Law andJurisdiction
These Terms and Conditions and the relationship between you and SecretEscapes shall be governed by and construed in accordance with the laws of Malaysia(in relation to contractual and non-contractual matters). Both Secret Escapesand you agree to submit to the exclusive jurisdiction of the Courts of Malaysiain the event of any dispute that arises between us (whether of a contractual ornon-contractual nature) arising out of or in connection with your access and/oruse of this Website.
Notwithstanding anything herein, these Terms and Conditions shall beread subject to any applicable laws and in the event of any inconsistencybetween these Terms and Conditions and the applicable laws, the applicable lawsshall prevail to the extent of such inconsistency.
26. ForceMajeure
Any delay in or failure of performance by Secret Escapes under theseTerms and Conditions shall not be considered a breach of these Terms andConditions and Secret Escapes shall be excused from performance to the extentthat such delay or failure is caused by any occurrence beyond the reasonablecontrol of Secret Escapes including, but not limited to, acts of God, poweroutages, natural disaster, closure of airspace and governmental restrictions,adverse or severe weather conditions, strikes, civil unrest or threat thereof, andwar or threat thereof and breakdown of internet services.
27. Payment Terms
27.1. Bills andPayments
We only accept payments by credit or debit card or via Pay Pal. For yourconvenience and in order to safeguard your payment information all payments aretransacted through the secure server of our on-line payment processing providerand once you have entered all relevant information correctly payments will betaken automatically. Invoices are immediately sent to you by E-mail and may beaccessed at any time via your Account.
We take your personal privacy and financial security extremely seriously- see our Privacy Policy for more information.
27.2. PaymentTerms
When paying bills, time is of the essence and we ask you to ensure thatyour card details are valid and that you have sufficient funds available.
In the event that a payment fails we will ask youto provide updated payment details. We may temporarily suspend your Account ifan amount remains unpaid for more than 14 days. We reserve the right to chargeinterest at a rate of 4% per annum over the Singapore Interbank OfferedRate (SIBOR) or another reference interest rate that we may choose on all amounts that remain outstanding 30 days after the issue of ourinvoice.
27.3 Refunds and Cancellations
If you have any query about an amount that has been charged by us toyour card, please contact usstraightaway. In the event that we find a payment has been taken in error wewill refund the amount immediately to your credit or debit card.
Refunds are at the sole discretion of Secret Escapes.
28. Changes tothese Terms and Conditions
Secret Escapes reserves the right to make changes to these Terms andConditions as it deems appropriate from time to time, or as may be required bylaw. Any changes will be immediately posted on the Website and you are deemedto have accepted the amended Terms andConditions on your first use and/or access of the Website following thealterations. In the event that there are any material changes to these Termsand Conditions, Secret Escapes will use reasonable endeavours to advise you ofthe changes that have been made but it is your responsibility to checkregularly for updates to these Terms and Conditions. Each version of theseTerms and Conditions shall be effective on the date from which the amendedTerms and Conditions are posted on the Website. Unless stated otherwise, theseTerms and Conditions shall apply to your use and/or access of the Website andthe Service.
29. Entirerelationship
29.1. These Termsand Conditions and any documents or policies referred to herein shall governthe entire relationship between you and Secret Escapes to the exclusion of anyother terms.
29.2. Nothingherein shall be construed to create a partnership, joint venture, agency or employmentrelationship between you and Secret Escapes. No party has authority to enterinto agreements of any kind on behalf of the other party.
Privacy Policy
SecretEscapes Limited is a UK registered company that wholly owns and operates thewebsite www.secretescapes.com. Secret Escapes treats the collection, use anddisclosure of personal data seriously and in accordance with the MalaysiaPersonal Data Protection Act 2010 and its subsidiary legislation. This PrivacyPolicy details the manner in which Secret Escapes will collect, use, treat,record, hold, store, process and disclose your personal data either through itswebsite or otherwise, together with details on the type of information we maycollect from you. Secret Escapes will only collect, use, treat, record, hold,store, process and disclose your personal data as detailed in this PrivacyPolicy for its legitimate business reasons and in accordance with applicablelaws. Unless otherwise stated or the context requires otherwise, the terms usedherein shall bear the same meaning ascribed to them in our Terms and Conditionswhich is accessiblefor viewing through this link.
1. Informationwe may collect from you
1.1. For access to our hand-pickedhotels at Members-only rates, all we require is your email address so that youcan sign in to our website securely (using your own unique password) andreceive our latest and greatest offers directly in your inbox.
1.2. By signing up with SecretEscapes, we ensure that all Members are able to create and manage their accountand email preferences when they sign in to the Website, so that they mayreceive as many, or as few, emails as they like. Under our Anti-Spam Policy, werequire your consent before we send you any marketing emails, and members mayopt-out or change email preferences by following a link in the footer of allmarketing emails, or by visiting their account settings on the Website oncethey have created an Account.
1.3. Members of Secret Escapes whohave an Account reserve the right to manage their email preferences and maychoose to opt-out of marketing communications, and yet maintain full access tothe Website. You will need to adjust your account settings on the Website tospecify your preferences, or email us at support@secretescapes.com.my if you wishto opt-out of receiving marketing communications from us.
1.4. Some communications (for example,important account notifications and billing information) are consideredtransactional and are necessary for the processing of transactions made throughthe Website. We will therefore continue to send these communications to you(where you have made a booking through us) even if you have unsubscribed fromreceiving marketing communications from us, unless you cancel your Account tounsubscribe from these communications and ask for your Account to be removed.To cancel your Account, please email us at support@secretescapes.com.my. Pleasenote that where you cancel your Account with Secret Escapes, we will still holdon to any transactional data for a reasonable period of time, in case there areany issues that may need to be resolved relating to your booking. These detailswill be stored in our secured database.
1.5. When you make a booking throughour Website, you will be directed to the payment page where you can enter yourpayment details. We do not store financial details such as credit card numbers.Our payment platform provider will be provided with the details of your bookingthat we have collected from you, so that they can process your payment to ouraccount. Once we have received your payment into our account, we will then makethe relevant payments to the provider of your holiday or travel arrangements.
2. How we use this information
2.1. Any personal information such asemail address or postcode is held by us for the sole purpose of communicatingwith you as you have requested and for processing any bookings you make throughus. We may disclose this information to the Supplier for the purposes ofproviding the Product to you. We may also use your personal information to sendyou newsletters if you have subscribed with us or opened an Account, at thefrequency you request, and reply and correspond with you if you give usfeedback or apply for a job with us. This includes any information you mayprovide to us on your return from holiday or any emails or records of telephoneconversations we may have with you.
2.2. We will not share thisinformation with any other parties unless we need to do so in order to fulfilyour arrangements booked with third party providers (including the Suppliers),or as specifically stated in any special terms and conditions as is sometimesthe case with competition entries, or as we are required to do so by law.
2.3. Please note that in order tocomplete your booking, we will need your name, address and/or email address,travelling dates, personal identification details, together with otherinformation relevant to your booking (for example, your passport number andthose for people within your group). This is so that we can process yourbooking and pass this to the third parties providing your booked arrangements(eg, hotels, airlines, public authorities such as customs and immigration ifrequired, etc), so that they have the relevant information to provide yourbooked arrangements. This applies to sensitive personal data that you may giveto us, such as information relating to disabilities, dietary requirementsand/or religious beliefs. This may involve the transfer of information outside Malaysiaand by providing us with this information you agree to provide your consent(and the consent of those included in your group) to transfer such informationout of Malaysia. If you provide us personal data or information about anotherperson, you confirm that he/she has appointed you to act for him/her, toconsent to the processing of his/her personal data and to receive on his/herbehalf any data protection notices. If you are travelling to the United States,the US Customers and Border Protection will receive this information for thepurposes of preventing and combating terrorism and other transnational seriouscrimes.
2.4. We may disclose your personalinformation to any member of our group, which means our subsidiaries, ourultimate holding company and its subsidiaries, as defined in the Companies Act1965. We may disclose your personal information to third parties in the eventthat we sell or buy any business or assets and for the purposes of such sale orpurchase (in which case we may disclose your personal data to the prospectiveseller or buyer of such business or assets).
2.5. We will retain your data for aslong as necessary for the fulfilment of the purposes set out in this PrivacyPolicy or as is required to satisfy any legal, regulatory and/or accountingrequirements.
3. Cookies and our website
3.1. In addition to personalinformation that you choose to give us, we may also collect information aboutyour computer (to verify that the activity on our Website is from genuinesources) and about your general usage of the Website in accordance with theapplicable laws. This may include your IP address, operating system, webbrowser software, screen resolution and referring website.
3.2. We use cookies primarily to makeour Website easier for you to use as well as for marketing and analyticspurposes. Cookies contain information that is transferred to your computer\'shard drive. They help us to improve our Website and to deliver a better andmore personalised service. They enable us:
1. to estimate our audience size andusage pattern;
2. to store information about yourpreferences, and so allow us to customise our site according to your individualinterests;
3. to speed up your searches; and/or
4. to recognise you when you returnto our Website.
3.3. Our cookies don\'t store sensitiveinformation such as your name, address or financial details. You can delete anycookies stored on your computer, or refuse to accept cookies by activating thesetting on your browser which allows you to refuse the setting of cookies.However, please note that if you select this setting, this may prevent you fromaccessing or using all or part of the Website. Unless you have adjusted yourbrowser setting so that it will refuse cookies, our system will issue cookieswhen you log in to our Website.
3.4. Unfortunately, the transmissionof information via the internet may not be completely secure. We will do ourbest to protect your personal data by making reasonable security arrangements.Once we have received your information, we will use strict procedures andsecurity features to prevent unauthorised access as required under theapplicable laws.
4. Your rights
You havethe right to ask Secret Escapes not to process your personal data for marketingpurposes and to correct and withdraw your consent to the collection, use ordisclosure of your personal data subject to the Personal Data Protection Act2010. You also have the right to access and make correction of information heldabout you by Secret Escapes by contacting us at the contact details provided inparagraph 7 below. Your right to access can be exercised in accordance with andsubject 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 inproviding you with details on your personal data.
5. Consent
Bydisclosing your personal information via the Website, over the telephone or viaemail or post, you consent to the collection, use, disclosure, storage andprocessing of your personal information by Secret Escapes in the manner set outin this Privacy Policy relating to your use of the Website, the Services and/ormaking bookings through us.
6. Validity / changes
Subjectto applicable laws, Secret Escapes has the right to alter this Privacy Policyfor any reason with prior notice. If you change your contact details, pleasesend an email with your new details to support@secretescapes.com.my. Any changesto this Privacy Policy will be posted on our Website and (where appropriate)emailed to the last email address you have given to us, and become effective asof (the later of) the date we post the amended Privacy Policy on the Website orsend the email. You will be given the option to consent to or object to theamended Privacy Policy, in which case this Privacy Policy shall apply.
7. Queries / Contact us
If youhave any questions about this Privacy Policy or about the information we holdabout you, then please contact us at:
Secret Escapes Ltd
4th Floor
120 Holborn
London
EC1n 2DT
support@secretescapes.com.my
0044 (0) 2036080135
1. Terms of Use
This Website is owned and operated by Secret Escapes. Your access toand/or use of the Website is governed by these terms and conditions and thePrivacy Policy published on the Website (collectively, the “Terms and Conditions”), which Terms andConditions shall apply where you are a visitor to the Website and/or if youhave an account or have registered with us or are a Member and you are advisedto read these Terms and Conditions carefully before using or making any bookingon the Website. You are deemed to agree to comply with and be bound by theseTerms and Conditions upon your first access and/or use of the Website. If youdo not agree to be bound by these Terms and Conditions, you should stopaccessing and using the Website immediately. By continuing to access and/or usethe Website, you agree and are deemed to agree to continue to be bound by theseTerms and Conditions.
Definitions and Interpretation
In these Terms and Conditions (including Clause 1), the following termsshall have the following meanings:
"Acceptance" means the process by whichSecret Escapes accepts a Member\'s offer to purchase a hotel stay, holiday orpackage which may include travel costs as advertised for purchase on theWebsite and/or as notified to a Member in any communications sent by SecretEscapes, as set out in detail in Clause 6.3 of these Terms and Conditions;
"Account" means the personalinformation, payment information and credentials used by the User to access theService, 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 acomputer that appears on or forms part of the Website;
"Member" means any User of theWebsite who has chosen to become and has been accepted as a member of SecretEscapes, and who is required to comply with these Terms and Conditions togetherwith any other terms of membership that Secret Escapes may issue to the Memberfrom time to time;
"Products" means the products andservices that a Member may book with a Supplier through the Website, which mayinclude a package holiday, accommodation, flights, experiences, tours and anyother travel service or product as provided by Suppliers and as detailed on theWebsite from time to time;
"Secret Escapes" meansSecret Escapes Limited (registered in England & Wales under company number07026107) 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 theWebsite from time to time;
"System" means any onlinecommunications infrastructure that Secret Escapes makes available through theWebsite from time to time, and includes, but is not limited to, web-basedemail, message boards, live chat facilities, mobile applications and emaillinks;
"Supplier" means any third-partywhich sells or otherwise arranges for tours, holidays, products and otherservices (whether a tour operator, hotel, airline, ground handler or any othersupplier or provider), who shall be directly responsible to a Member who makesa booking for a Product on the Website;
"User" means any individualwho accesses the Website and is not employed by Secret Escapes or acting in thecourse of their employment, whether as a Member or otherwise;
"Website" means the website ofSecret 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 thepurposes of allowing the Users to make bookings for Products and anysub-domains thereof unless expressly excluded by their own terms andconditions, and any other url address as Secret Escapes may nominate from timeto time.
Intellectual Property and terms of use
2.1. Ownership: Unlessotherwise expressly indicated, all Content included on the Website (save for thoseuploaded by Users and accepted for inclusion on the Website by Secret Escapes)including, but not limited to, text, graphics, logos, icons, images, soundclips, video clips, data compilations, page layout, underlying code andsoftware, 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 propertyof Secret Escapes, or our affiliates or licensors or other third partiesrecognised by Secret Escapes. By continuing to access and/or use the Website,you agree and acknowledge that such Intellectual Property is protected byapplicable laws and internationaltreaties and that you can only use the Intellectual Property for the purposesof viewing the Content and using the Website.
2.2. Allowed use: Subject to these Terms and Conditions and prior writtenpermission by Secret Escapes, you may print, reproduce, copy, distribute, storeand re-use in any other manner the Content from the Website for personalpurposes only, unless otherwise indicated on the Website. Personal use meansrecreational use, social use, and use for the purposes of education as astudent or teacher. Specifically, you agree that:
i. you will notuse the Content of the Website for commercial purposes; and
ii. you will notsystematically copy Content from the Website with a view to creating orcompiling any form of comprehensive collection, compilation, directory ordatabase unless given express written permission to do so by Secret Escapes.
2.3. Trade marks: "Secret Escapes" and the logo of Secret Escapesare trade marks of Secret Escapes. Notwithstanding Clause 2.2, all other trademarks, service marks and trade names used on the Website are the property oftheir respective owners and are used by Secret Escapes under licence forinclusion on the Website. All trade marks, service marks and trade names andlogos featured on the Website shall not be reproduced, copied, downloaded orotherwise used or exploited for any purpose without the permission of SecretEscapes or the relevant owner.
2.4. Third Party Intellectual Property: Where expressly indicated, certainContent and the intellectual property rights subsisting therein belong to otherthird parties, and, unless otherwise expressly stated by Secret Escapes, doesnot fall within the scope of Content that Secret Escapes may permit the User touse for personal purposes under Clause 2.2. Any such Content will beaccompanied by a notice providing the contact details of the relevant owner andany separate policy or terms of use that may be relevant.
2.5. Content thatyou or other Users may upload: Commentary and other materials posted on theWebsite are not intended to amount to information on which you should rely. Subjectto applicable laws, Secret Escapes does not assume any responsibility orliabilities and disclaims all liability and responsibility arising fromreliance on such Content and other commentary/materials uploaded by any User orother third party. Where Secret Escapes provides any interactive services onthe Website, we will do our upmost to ensure that such services are providedand used in accordance with these Terms and Conditions and the applicable lawsand regulations, although please note that we are under no obligation tomonitor or moderate any such interactive services. We do, however, reserve theright to remove any Content or materials uploaded by you or any other User orthird party on the Website in our sole discretion.
3. Links toOther 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 thatof our affiliates. Subject to applicable laws, we assume no responsibility for andmake 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 websitesand disclaim all liabilities for any and all forms of loss or damage arisingout of or in connection with the access and/or use of them. The inclusion of alink to another site on this Website does not imply any endorsement orrecommendation of or affiliation with the sites themselves or of theiroperators and/or administrators nor are we necessarily agents or partners ofsuch operators and/or administrators.
4. Links tothis Website
Those wishing to place a link to this Website on other sites may do soonly to the home page of the Website www.secretescapes.com without priorpermission provided that this is done in a manner that is fair and legal anddoes 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. linksto specific pages within the Website), framing or other such activity requiresthe express prior written permission of Secret Escapes. To find out more,please contact us by email at support@secretescapes.com.my
5. The Service
5.1. Logindetails: Where you are provided with login details to access the Website as aUser (whether as a Member or registered User), you must treat these logindetails as confidential and not disclose such details to any other third party.Any login or access to the Website by using your login details shall be deemedto have been made by you and you shall be solely responsible for all activitiesand transactions conducted through the Website using your Account. You cancreate and manage your own Account within the Website and we shall hold yourinformation within your Account section within the Website in accordance withour Privacy Policy. We have the right to disable any User identification codesor login details (including access to your Account), whether chosen by you orallocated by us, at any time if in our opinion you have not complied with anyprovision of these Terms and Conditions.
5.2. What Secret Escapes does: Secret Escapes is an exclusive Members only traveland travel-related products website. It sells (on behalf of Suppliers as theiragent) hotel stays, holidays and package deals, having secured great discountedrates with various Suppliers. Each booking that a Member may make throughSecret Escapes with Suppliers will be made up of one or more offers which maybe available at any given time. Members book individual offers from Supplierswithin a sale window that is offered, as detailed from time to time on theWebsite. 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 mayinclude additional items or components, such as meals or activities. For the avoidanceof doubt, unless explicitly stated in the offer or sale description, offers arefor accommodation only. All Products shown on the Website (or as notified toMembers through email communications) are subject to availability and Members agreeand acknowledge that they will check that an offer is still available beforebooking. We reserve our discretion to modify, vary, supplement, suspend and/orterminate one or all of the Services (whether in part or as a whole).
5.3. SecretEscapes acts as an agent of Suppliers whose Products are featured on theWebsite or communicated to Members through the Website. Secret Escapescarefully selects the Suppliers with whom it acts as an agent (based on theirexperience, reputation, feedback on quality of services, etc) in order forMembers to contract directly with those Suppliers for the provision of thesefeatured Products. Secret Escapes provides the opportunities for Members tobook Products with Suppliers at great rates by providing the Service, butSecret Escapes is not responsible in any way for the provision of the Productswhich a Member may purchase from the Suppliers through the Website, and allcontracts for provision of the Products that a User may purchase are subject tothe applicable booking terms and conditions of the relevant Supplier with whoma Member may contract and as notified to the Member at the time of booking.Secret Escapes is not privy to any communications, dealings and transactionsbetween any Member and any Supplier. Secret Escapes does not warrant orguarantee the quality and standard of the Products offered on the Website bySuppliers for whom Secret Escapes acts as agent. Any concerns regarding theProducts purchased by a Member from a Supplier must be brought to the attentionof the Supplier by the Member directly (please see Complaints section furtherbelow), as the Supplier is directly responsible to you for bookings you havemade with the Supplier through the Website.
5.4. Rates andSuppliers terms: Secret Escapes negotiates discounted prices with Suppliers.The sale price displayed on the Website is the discounted price (including thecommission payable to Secret Escapes). When buying Products through theWebsite, your contract will be with the Supplier (e.g. the hotel company) andnot Secret Escapes. Secret Escapes only acts as an agent for the Supplier.Accordingly, Secret Escapes is not responsible for the conditions orlimitations placed on any sale by the Supplier of the Product being sold (suchas, by way of example, the inability to cancel a booking once placed). Separateterms and conditions will apply to your booking and purchase of the Productspurchased through any sale on the Website. You agree to abide by the terms andconditions of the Supplier with whom you contract, including compliance withthe Supplier’s rules and restrictions regarding availability and use of faresand the Products. You agree and acknowledge that any breach of any Supplier’sconditions may result in cancellation of your booking, denial of access to any Productsyou have booked and / or forfeiture ofany monies paid for such booking, and that Secret Escapes may debit your Accountfor any costs Secret Escapes incurs as a result of such breach.
5.5. SaleInformation:
All our prices are shown in Ringgit Malaysia and include the applicablegoods and services tax (“GST”). Subjectto Clause 5.4, Secret Escapes sells hotel stays and holidays at discountedprices. The sale descriptions on the Website specify the prices and what isincluded in your purchase, as well as any special conditions that apply. We makeevery effort to avoid errors in our sales descriptions and prices. However, wereserve the right to correct errors in sales descriptions and prices beforeAcceptance of your order. Unless otherwise stated in the sale description, theprices shown are for rooms only and do not include other potential costs suchas travel costs or local taxes.
We aim to use photographs and descriptions to give an accurateillustration of the Products. They are not intended to be exact, for exampleyou are not guaranteed an identical view to that shown in a sale photo.
We show a percentage discount as part of the sale information. Thiscompares our sale price against the "rack rate" provided by the Supplier.When additional services (such as meals or activities) are included in thesale, we add these to the rack rate.
6. Making abooking
6.1. SaleInformation: The advertising of Products on the Website constitutes an"invitation to treat". Any Products detailed on the Website aresubject to availability and therefore we need to check availability once aMember indicates that they would like to make a booking for a Product, beforethis can be confirmed. A Member\'s request to book a Product constitutes acontractual offer to purchase that Product and no legally binding contract shallcome into force between a Member and a Supplier unless and until there has beenAcceptance by a Supplier (as notified to a Member by Secret Escapes) inaccordance with Clause 6.3. By making a request to book a Product, you agreeand represent and warrant to us that:
i. you are atleast 18 years old;
ii. you are notbankrupt or insolvent;
iii. you have thecapacity to enter into binding contracts;
iv. you have avalid credit or debit card issued by a bank that is acceptable to us; and
v. you arepurchasing the Products for your own personal use or for the personal use ofanother person(s) and not for the purpose of resale or other commercialpurposes.
6.2. We have theright at our discretion to ask you for proof of any aspect of your status asset out in Clause 6.1.
6.3. For Acceptance of a booking for a Product to take place, the followingsteps shall be completed:
6.3.1. the Memberwill need to offer to purchase a Product on the Website;
6.3.2. Secret Escapes will issue an automated online acknowledgement confirmingreceipt of the booking. Please note that such automated acknowledgement is notAcceptance of the booking request, but an acknowledgement that the bookingrequest has been received and that Secret Escapes will contact the Supplier tocheck availability prior to any contract coming into existence;
6.3.3. Upon receipt of an offer to purchase a Product, Secret Escapes will (followingthe issue of the automated response referred to in Clause 6.3.2 above) checkthat no details of a Product need to be corrected and that there are noaccidental errors or omissions in the sale description of the Product, andcheck the availability in respect of the Product with the relevant Supplier. Inthe event that any such errors or omissions need to be corrected, or a Productis no longer available, Secret Escapes will provide notification of this to theMember as soon as reasonably practicable. Secret Escapes shall not be liable tothe Member and/or any person due to unavailability of any Product after anoffer to purchase has been placed; and
6.3.4. Following checks made by Secret Escapes relating to the Product that aMember has requested to book and subject to confirmation of availability of theProduct, Secret Escapes will issue a notification to the Member by email that abooking with a Supplier has been made, such notification being Acceptance of abooking for a Product on behalf of a Supplier and a legally binding contractshall then be created between the Member and the relevant Supplier forprovision of the Product in accordance with the relevant Supplier’s terms andconditions from the moment the notification is sent by e-mail to the Member bySecret Escapes. For the avoidance of doubt, the contract is validnotwithstanding that the Member has not received the notification or thenotification was not communicated to the Member and that Secret Escapes and theMember acknowledge and agree that that “receipt rule” shall not apply in anypurchase of Products on the Website.
6.4. For the avoidance of doubt, Secret Escapes reserves the right to alteror amend the details of a Product or withdraw a Product at any time up to thepoint of Acceptance in the event that it is aware of any error or omissionrelating to the details of the Product or in the event that it receives arequest to do so from the Supplier of the Product.
6.5. Please make sure that you are eligible and able to travel on the datesof 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 thebooking. 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. SecretEscapes cannot accept bookings that are conditional on the fulfilment of aspecial request.
6.7. If you havea medical condition which may affect your booking, please let us know beforemaking a booking so that we can find out if the Product is suitable before youmake a booking.
6.8. There\'s a\'hold\' functionality available for most of our sales. This works by allowingMembers to pay a 150 MYR fee to hold a date for the duration of the sale. Foravoidance of doubt, \'holding\' a sale does not constitute a booking or making anoffer to purchase a particular Product; it simply prevents other Secret EscapesMembers from booking that allocation. A hold is NOT a deposit on a booking andis not a guaranteed or confirmed booking. In the event the Member makes abooking for the Product during the holding period, the holding fee will becredited towards part payment for the Product. In the event no booking for theProduct is made on the expiry of the holding period, the holding fee shall notbe refunded to the Member. In the event that a hold has to be cancelled bySecret Escapes due to that date being closed out by a Supplier, we will credityour Secret Escapes account with 150 MYR, but subject to applicable laws, we donot assume any obligations or liabilities to reimburse the Member and shall notbe liable for any extra costs incurred by the Member (for example, if travelhas already been booked separately).
6.9. Once your booking has been completed in accordance with Clause 6.3 andpayment 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 theProduct that you have booked. Please note this is not a booking confirmationwith all details of your itinerary, etc, which will be sent to you by therelevant Supplier separately, and our booking receipt merely confirms receiptof monies that we have received on behalf of the Supplier and details of thedates your Product has been booked for.
6.10. When youreceive documentation for your hotel stay/holiday, please ensure that you checkthat these are correct and in the case of travelling abroad, that they matchthe names and ages on the passport(s) of the travellers.
6.11. Subject toapplicable laws, Secret Escapes does not assume any obligations or liabilitiesfor the issue of your tickets and/or travel documents and shall not be liablein the event that your tickets and/or travel documents don\'t arrive by post oremail. Please contact the hotel/tour operator should you not receive these.
7. PaymentTerms
7.1. Bills andPayments: We only accept payments by credit or debit card or via Pay Pal. Foryour convenience and in order to safeguard your payment information, allpayments are transacted through the secure server of our on-line paymentprocessing provider and once you have entered all relevant informationcorrectly, payments will be taken automatically. Invoices will be immediatelysent to you by e-mail and may be accessed at any time via your Account. We takeyour personal privacy and financial security extremely seriously - see ourPrivacy Policy for more information.
7.2. PaymentTerms: When paying bills, time is of the essence and we ask you to ensure thatyour card details are valid and that you have sufficient funds available.
7.3. Failedpayments: In the event that a payment fails, we will ask you to provide updatedpayment details. We may temporarily suspend your Account if an amount remainsunpaid for more than 14 days. We reserve the right to charge interest at a rateof 4% per annum over the Kuala Lumpur Interbank Offered Rate (KLIBOR) oranother reference interest rate that we may choose on all amounts that remain outstanding 30 days after the issue of ourinvoice.
7.4. Refunds andCancellations: If you have any query about an amount that has been charged byus to your card, please contact us straightaway. In the event that we find apayment has been taken in error, we will refund the amount immediately to yourcredit or debit card. Once notification of Acceptance is sent to you, thebooking shall be confirmed and final, and shall not be cancelled without theprior written consent of the relevant Supplier, and all payments made arenon-refundable. We shall not be liable to you and/or any person for any failureto refund the payment to you in the event the relevant Supplier does not allowcancellation of booking.
7.5. Credit andIncentives: There is no limit to the amount of Products you can acquire. Infact we\'d love you to tell all of your friends about us. However, if you try togain additional credit through falsifying accounts or creating multiple fake Accounts,then such credit will not be considered valid and Secret Escapes shall have theright to cancel such credit when detected. If you gain credit through anincentive for booking Products through the Website in a valid manner, then suchcredit will remain in your Account for up to 12 months (unless an earlierexpiry date is specified), at which point any credit within your Account shall beautomatically deleted.
8. Alterations
8.1. Unlessotherwise stated in the Product description, once Acceptance has taken place inaccordance with Clause 6.3, all Product sales on the Website are final. Ifalterations or cancellations are permitted by the Supplier, there may besubject 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 totheir booking of a Product with a Supplier, then Secret Escapes will use itsreasonable endeavours to assist a Member in the Member\'s attempts to alter orcancel a booking, but can give no guarantee that such attempts will besuccessful and does not assume any responsibilities or liabilities and shallnot be held liable for the reimbursement of any applicable charges that theMember 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, theMember acknowledges and agrees that if a Supplier’s terms and conditionsincludes provisions relating to changes and cancellations of bookings, suchterms shall not apply in respect of bookings made for Products featured on theWebsite and the Member waives and elects not to exercise such a right to makechanges or cancellations to bookings to which he may otherwise be entitled.This is because of the discounted rates that Secret Escapes has managed tosecure with the Supplier, which is generally on the basis that the booking isfinal and cannot be changed. Members should therefore be aware that anyProducts purchased through the Website cannot be changed and arenon-cancellable and non-refundable, unless otherwise stated, or unless theSupplier has agreed to this in writing.
8.4. Depending on the reason for cancellation, you may be able to reclaim anycancellation charges payable (less any applicable excess) under the terms ofyour insurance policy. All claims must be made directly to the insurancecompany concerned.
9. Cancellationsby Suppliers
9.1. Most changesthat a Supplier may make are minor but occasionally, we have to notify you of a"material alteration" that a Supplier may make. A material alterationis a change made before departure which, taking account of the informationgiven to us at the time of booking and which we can reasonably be expected toknow, we can reasonably expect to have a major effect on your stay. In theunlikely event of the Supplier cancelling or amending your booking for aProduct after the booking has been made, we will tell you as soon as possibleand seek to secure from the Supplier theoffer to you of the following options (depending on the Product you havebooked):
9.1.1. for materialalterations, accepting the changed arrangements;
9.1.2. for hotel only reservations, a choice of accepting an alternative offeredby 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 ofall monies paid to the Supplier;
9.1.3. purchasingan alternative package of a similar standard to that originally booked ifavailable from the Supplier. You must pay the applicable price difference ofany such package. This will mean that you would be required to pay the pricedifference if the package is more expensive or receiving a refund of the pricedifference if it is cheaper; or
9.1.4. cancelling or accepting the cancellation in which case you will receivea 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 aboveoptions where any change made is a non-material one. Subject to applicablelaws, a change of flight time for flights of less than 12 hours, airline typeor aircraft (if advised) or destination airport will generally be considered asnon-material changes. When cancellations or changes do occur, Secret Escapes doesnot assume any responsibilities or liabilities and shall not be held liable forreimbursement of extra costs arising from the change in booking which you mayincur (for example for travel expenses, or other accommodation) , subject toapplicable laws. In the rare cases that a Supplier cancels your booking afterit has been accepted, you will be notified by the Supplier, or Secret Escapesacting on their behalf. As Secret Escapes is an agent acting on behalf of otherSuppliers, and your contract once you\'ve booked is with the Supplier, we willsupport you in getting a refund or changing your dates. Secret Escapes is notresponsible for costs associated with a cancellation by the Supplier. We alwaysrecommend that you buy travel insurance to cover against cancellations andother contingencies. For further information on insurance, please see Clause 14below.
10. Cancellations by you
10.1. While ourbookings have a 100% non-cancellable/non-refundable policy, in the event thatyou contact us to request to cancel your booking, we will contact the relevantSupplier. However, you are also bound by their terms and conditions and acancellation is not always possible and where it is, charges may apply.
10.2. Important: Forany cancellation affecting the flight component of a tour operator package, youshall incur minimum cancellation charges equivalent to the price of the flight.
11. Terminationand Suspension
In the event that a Member breaches these Terms and Conditions, SecretEscapes reserves the right to suspend or terminate a User or Member’s access tothe Service and the Account, and to suspend the Member’s membership, and any suchperson must not attempt to use the Website under any other name or by using theaccess credentials of another User, with or without the permission of thatUser.
12. Complaints
12.1. If you are unhappywith any aspect of the Products that you have purchased through the Website andwish to complain, then please raise this with the relevant Supplier directly sothat they can try to address any issues raised and put your complaints inwriting to them if possible (some Suppliers provide a feedback form). If youare still not satisfied with the response, then please contact the Supplierdirectly within 30 days of your return.
12.2. If you\'reunhappy with any aspect of your experience, please take this up with therelevant Supplier. They will deal with the situation immediately, or will dealwith your query in a reasonably practicable manner. In these cases, SecretEscapes cannot assist in your complaint.
12.3. If you feelthe Product is not as described on the Website, please take this up with therelevant Supplier in the first instance. However, please also let us know assoon as possible and we will assist you in attaining a resolution.
12.4. For flightor transport problems please contact the Supplier (you should be provided withan emergency number). Delays to flights, etc. should be dealt with theSupplier. Please always read all information given to you by the Supplier andcheck their terms and conditions before you go on holiday. Subject toapplicable laws, Secret Escapes does not assume any responsibility or liabilityand shall not be liable for any flight issues which may affect your stay and suchissues should be taken up with the relevant Supplier.
13. Flights
13.1.We are not always in a position at the time of booking to confirm theflight timings of your flight, as provided by the relevant Supplier. The flighttimings shown on our Website and/or detailed in your booking details are forguidance only from the relevant Supplier and are subject to alteration andcancellation at any time by the relevant Supplier. The relevant Supplier willconfirm the flight timings that you have been allocated. Where a window offlight timings is given, you will be allocated flight timings within thatwindow according to availability on the date you have booked with the relevantSupplier; any complaints regarding flight timings given to you within thatwindow will generally not be accepted by a Supplier.
13.2. Flight timingsare outside our control. They are set by airlines and are subject to variousfactors including route changes and cancellations, air traffic controlrestrictions, weather conditions, potential technical problems and the abilityof passengers to check in on time.
13.3. Specificinstructions relating to departure and travel arrangements will be sent withyour air or other travel tickets before departure by the relevant Supplier thatyou have booked with. You must accordingly check your tickets / e-tickets verycarefully immediately on receipt to ensure you have the correct flight timings.It is possible that flight timings may be changed even after tickets have beendespatched. We (on behalf of the relevant Supplier) or the Supplier, willcontact you as soon as possible if this occurs. Please refer to the relevantSupplier’s terms and conditions regarding flights. As Secret Escapes acts as itsagent, it does not assume any responsibility or liability and shall not beliable for any loss incurred arising out of or in connection with a flightbooking.
14. Insurance
14.1. We consideradequate 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 ofbooking 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 andagainst any failure or disruption in the provision of the Product arising outof any insolvency on the part of Secret Escapes. It is essential that allmembers of the party who made the booking and travellers for whom the paymentor deposit is or to be made for the booking are covered by the policy or havetheir own adequate policy in place. You must ensure you read all conditions andinformation applicable to any policy you purchase.
14.2. Please readyour policy details carefully and take them with you on holiday. It is yourresponsibility to ensure that the insurance cover you purchase is suitable andadequate, for your particular needs.
15. Privacy
Your use of the Website is also governed by our privacy policy, which isincorporated by reference into these Terms and Conditions and accessible forviewing through this link (“Privacy Policy”).
16. Disclaimers
16.1. SecretEscapes 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 particularpurpose, that it will not infringe the rights of third parties, that it will becompatible with all systems, that it will be secure and that all informationprovided will be accurate. We make no guarantee of any specific activities,transactions, deals or results from the use of our Website and Services andthat the User’s request can or will be fulfilled.
16.2. No part ofthis Website is intended to constitute advice and we do not assume anyadvisory, fiduciary or other similar duties nor act as a tour adviser to theUser, and the Content of this Website shall not constitute or be construed asany advice.
16.3. Theinformation on this Website is not designed with commercial purposes in mind.Commercial use of the Content of this Website is forbidden under Clause 2 ofthese Terms and Conditions. Any such use constitutes a breach of these Termsand Conditions and Secret Escapes makes no representation or warranty that thisContent is suitable for use in commercial situations or that it constitutesaccurate data and/or advice on which business decisions can be based.
16.4. Whilst everyeffort has been made to ensure that all descriptions of services available fromSecret Escapes correspond to the actual services available, Secret Escapes isnot responsible for any conflict, inconsistency or contradiction of thesedescriptions.
16.5. The Websitemay contain opinions, recommendations, statements and information provided bythird parties. Secret Escapes does not represent, endorse or guarantee thetruthfulness, accuracy or reliability of any such third party Content, orendorse any opinions or recommendations expressed by such third parties. Users acknowledgeand agree that they download or otherwise obtain material and data through theuse of the Website at their own discretion and risk and any reliance on thirdparty Content will be at the User’s own risk. Subject to applicable laws, youagree that you shall be solely responsible for any damage to your computersystem or loss of data that results from the download of any such material ordata.
16.6. Subject toapplicable laws, Secret Escapes shall not be liable for and accepts noresponsibility for any information presented by a third party (includingSuppliers), including but not limited to pricing, liability in connection withbookings and cancellations, performance of any contracts entered into betweenyou and Suppliers, or any other circumstances that may arise during your trip.
16.7. SecretEscapes cannot guarantee that the use of the Website will be uninterrupted orthe Website is free from infection by viruses or any material that hascontaminating or destructive properties. You must not misuse the Website byintroducing viruses, Trojans, worms, logic bombs or other material which ismalicious or technologically harmful. You must not attempt to gain unauthorisedaccess to the Website, the server on which the Website is stored or any server,computer or database connected to the Website.
16.8. Anydestination/attraction/tour/travel guide information on this Website written orprovided by Secret Escapes is purely for information. Secret Escapes endeavoursto ensure that such information is accurate; however, Secret Escapes providesno guarantee that such information is accurate or not misleading. Such informationdoes not form part of your agreement with any third party including Suppliers)and is provided solely as additional background content.
17. Availabilityof the Web Site
17.1. The Service is provided on an "as is" and "asavailable" basis. We make no representation, guarantee or warranty thatthe Service will be free of defects and/or faults and/or available. To themaximum extent permitted by the law we make no representation, guarantees orwarranties (express or implied) that the Service is fit for a particularpurpose, compatible with the facilities that you access the Service from and/oris of satisfactory quality.
17.2. Access tothe Website is permitted on a temporary basis and Secret Escapes reserves theright to withdraw or amend the Service without notice. Secret Escapes shall notbe liable if for any reason the Website is not available at any time or for anyperiod.
17.3. WhilstSecret Escapes makes every effort to keep information and Content featured onthe Website up-to-date and accurate, Secret Escapes makes no guarantee that theinformation and/or Content on the Website is accurate or up-to-date. If it isdiscovered 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 oromissions as quickly as possible after being notified of them.
17.4. Subject toapplicable laws, Secret Escapes accepts no liability for any disruption ornon-availability of the Website resulting from external causes including, butnot limited to, ISP equipment failure, host equipment failure, communicationsnetwork failure, power failure, natural events, acts of war or legalrestrictions and censorship, or where Secret Escapes is updating the Website inany way.
17.5. You areresponsible for making all arrangements necessary for you to access theWebsite.
18. InternationalUse
We make no representation that Content on the Website is appropriate oravailable for use in locations outside Malaysia, and accessing it fromterritories where the Content is illegal is prohibited. If you choose to accessthe Website from a location outside Malaysia, you agree and acknowledge thatyou do so on your own initiative and you are responsible for compliance withlocal laws.
19. Limitationof Liability
19.1. To themaximum extent permitted by law, Secret Escapes assumes no liability for anydirect or indirect loss or damage, foreseeable or otherwise, including anyindirect, consequential, special or exemplary damages arising out of or inconnection with the use of the Website or any information contained therein(including the Content) or any reliance on the Website or the Products soldthrough the Website on behalf of Suppliers, whether in contract, tort(including negligence), breach of statutory duty or otherwise. Users agree andacknowledge that they use the Website and its Content at their own risk.
19.2. Subject tothe Clause 19.3 below and the applicable laws, Secret Escapes disclaims allliability, representations, warranties, whether express or implied by statute,custom or usage, relating to the information (including the Content) containedon this Website.
19.3. Nothing inthese Terms and Conditions excludes or restricts Secret Escapes\' liability fordeath or personal injury resulting from any negligence or fraud on the part ofSecret Escapes.
19.4. Whilst everyeffort has been made to ensure that these Terms and Conditions adhere strictlywith all relevant laws, in the event that any of these Terms and Conditions arefound 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 thisWebsite by a User in that jurisdiction) is to be deemed severed from theseTerms and Conditions and shall not affect the validity and enforceability ofthe remaining Terms and Conditions. For the avoidance of doubt, such severanceshall only apply with respect to any access and/or use of this Website by aUser in the jurisdiction where such term is found to be unlawful, invalid orotherwise unenforceable and shall not apply with respect to any access and/oruse of this Website by a User in any other jurisdiction where such term islawful, valid and enforceable.
20. Indemnity
20.1. The User shall at all times, defend, indemnify and keep indemnifiedSecret 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 indemnitybasis) and howsoever arising, which may be sustained, suffered or incurred bySecret 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’sobligations 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 anyIntellectual Property rights under these Terms and Conditions.
21. No Waiver
In the event that any party to these Terms and Conditions fails toexercise any right or remedy contained herein, such failure shall not beconstrued as a waiver of that right or remedy. Noremedy conferred by any of the provisions of these Terms and Conditions isintended to be exclusive of any other remedy which is otherwise available atlaw, in equity, by statute or otherwise, and each and every other remedy shallbe cumulative and shall be in addition to every other remedy given hereunder ornow or hereafter existing at law, in equity, by statute or otherwise. Theelection of any one or more of such remedies by any of the parties shall notconstitute a waiver by such party of the right to pursue any other availableremedies.
22. PreviousTerms and Conditions
In the event of any conflict between these Terms and Conditions and anyprior versions thereof, the latest provisions of these Terms and Conditionsshall prevail unless it is expressly stated otherwise.
23. Travelinformation
23.1. Please notethat we can provide general information about the passport and visarequirements for your trip, but the compliance with your specific passport andvisa requirements, and other immigration requirements are your responsibilityand you should confirm these with the relevant Embassies and/or Consulates. Anyinformation supplied by us in relation to these or related matters (such as climate,when to travel, clothing, baggage, personal items, etc.) is given as generalguidance and in good faith but we do not assume any liability for any decisionsmade or reliance on the basis of the information provided.
23.2. It is yourresponsibility to ensure that you and all members of your party are inpossession of all necessary travel and health documents, and in compliance withany other immigration requirements, before you travel. If you or any member ofyour party is not a Malaysian Citizen or holds a non-Malaysia Passport, youmust check passport and visa requirements with the embassy or consulate of thecountry(ies) you are travelling to or through. Neither we nor the Suppliers assumeany responsibility for any loss incurred if you cannot travel because you havenot complied with any passport, visa or immigration requirements.
23.3. Pleaseensure that all your travel, passport, visa and insurance documents are inorder and that you arrive in plenty of time for checking in at the airport. Itmay be necessary to reconfirm your flight with the airline prior to departure.
24. Notices
All notices / communications shall be given to us by email to support@secretescapes.com.my Such notice will be deemed received 3 days after posting if sent byfirst class post, and the day of sending if the email is received in full on abusiness day and within our business operation hours and on the next businessday if the email is sent on a weekend or public holiday or after our businessoperation hours.
25. Law andJurisdiction
These Terms and Conditions and the relationship between you and SecretEscapes shall be governed by and construed in accordance with the laws of Malaysia(in relation to contractual and non-contractual matters). Both Secret Escapesand you agree to submit to the exclusive jurisdiction of the Courts of Malaysiain the event of any dispute that arises between us (whether of a contractual ornon-contractual nature) arising out of or in connection with your access and/oruse of this Website.
Notwithstanding anything herein, these Terms and Conditions shall beread subject to any applicable laws and in the event of any inconsistencybetween these Terms and Conditions and the applicable laws, the applicable lawsshall prevail to the extent of such inconsistency.
26. ForceMajeure
Any delay in or failure of performance by Secret Escapes under theseTerms and Conditions shall not be considered a breach of these Terms andConditions and Secret Escapes shall be excused from performance to the extentthat such delay or failure is caused by any occurrence beyond the reasonablecontrol of Secret Escapes including, but not limited to, acts of God, poweroutages, natural disaster, closure of airspace and governmental restrictions,adverse or severe weather conditions, strikes, civil unrest or threat thereof, andwar or threat thereof and breakdown of internet services.
27. Payment Terms
27.1. Bills andPayments
We only accept payments by credit or debit card or via Pay Pal. For yourconvenience and in order to safeguard your payment information all payments aretransacted through the secure server of our on-line payment processing providerand once you have entered all relevant information correctly payments will betaken automatically. Invoices are immediately sent to you by E-mail and may beaccessed at any time via your Account.
We take your personal privacy and financial security extremely seriously- see our Privacy Policy for more information.
27.2. PaymentTerms
When paying bills, time is of the essence and we ask you to ensure thatyour card details are valid and that you have sufficient funds available.
In the event that a payment fails we will ask youto provide updated payment details. We may temporarily suspend your Account ifan amount remains unpaid for more than 14 days. We reserve the right to chargeinterest at a rate of 4% per annum over the Singapore Interbank OfferedRate (SIBOR) or another reference interest rate that we may choose on all amounts that remain outstanding 30 days after the issue of ourinvoice.
27.3 Refunds and Cancellations
If you have any query about an amount that has been charged by us toyour card, please contact usstraightaway. In the event that we find a payment has been taken in error wewill refund the amount immediately to your credit or debit card.
Refunds are at the sole discretion of Secret Escapes.
28. Changes tothese Terms and Conditions
Secret Escapes reserves the right to make changes to these Terms andConditions as it deems appropriate from time to time, or as may be required bylaw. Any changes will be immediately posted on the Website and you are deemedto have accepted the amended Terms andConditions on your first use and/or access of the Website following thealterations. In the event that there are any material changes to these Termsand Conditions, Secret Escapes will use reasonable endeavours to advise you ofthe changes that have been made but it is your responsibility to checkregularly for updates to these Terms and Conditions. Each version of theseTerms and Conditions shall be effective on the date from which the amendedTerms and Conditions are posted on the Website. Unless stated otherwise, theseTerms and Conditions shall apply to your use and/or access of the Website andthe Service.
29. Entirerelationship
29.1. These Termsand Conditions and any documents or policies referred to herein shall governthe entire relationship between you and Secret Escapes to the exclusion of anyother terms.
29.2. Nothingherein shall be construed to create a partnership, joint venture, agency or employmentrelationship between you and Secret Escapes. No party has authority to enterinto agreements of any kind on behalf of the other party.
Privacy Policy
SecretEscapes Limited is a UK registered company that wholly owns and operates thewebsite www.secretescapes.com. Secret Escapes treats the collection, use anddisclosure of personal data seriously and in accordance with the MalaysiaPersonal Data Protection Act 2010 and its subsidiary legislation. This PrivacyPolicy details the manner in which Secret Escapes will collect, use, treat,record, hold, store, process and disclose your personal data either through itswebsite or otherwise, together with details on the type of information we maycollect from you. Secret Escapes will only collect, use, treat, record, hold,store, process and disclose your personal data as detailed in this PrivacyPolicy for its legitimate business reasons and in accordance with applicablelaws. Unless otherwise stated or the context requires otherwise, the terms usedherein shall bear the same meaning ascribed to them in our Terms and Conditionswhich is accessiblefor viewing through this link.
1. Informationwe may collect from you
1.1. For access to our hand-pickedhotels at Members-only rates, all we require is your email address so that youcan sign in to our website securely (using your own unique password) andreceive our latest and greatest offers directly in your inbox.
1.2. By signing up with SecretEscapes, we ensure that all Members are able to create and manage their accountand email preferences when they sign in to the Website, so that they mayreceive as many, or as few, emails as they like. Under our Anti-Spam Policy, werequire your consent before we send you any marketing emails, and members mayopt-out or change email preferences by following a link in the footer of allmarketing emails, or by visiting their account settings on the Website oncethey have created an Account.
1.3. Members of Secret Escapes whohave an Account reserve the right to manage their email preferences and maychoose to opt-out of marketing communications, and yet maintain full access tothe Website. You will need to adjust your account settings on the Website tospecify your preferences, or email us at support@secretescapes.com.my if you wishto opt-out of receiving marketing communications from us.
1.4. Some communications (for example,important account notifications and billing information) are consideredtransactional and are necessary for the processing of transactions made throughthe Website. We will therefore continue to send these communications to you(where you have made a booking through us) even if you have unsubscribed fromreceiving marketing communications from us, unless you cancel your Account tounsubscribe from these communications and ask for your Account to be removed.To cancel your Account, please email us at support@secretescapes.com.my. Pleasenote that where you cancel your Account with Secret Escapes, we will still holdon to any transactional data for a reasonable period of time, in case there areany issues that may need to be resolved relating to your booking. These detailswill be stored in our secured database.
1.5. When you make a booking throughour Website, you will be directed to the payment page where you can enter yourpayment details. We do not store financial details such as credit card numbers.Our payment platform provider will be provided with the details of your bookingthat we have collected from you, so that they can process your payment to ouraccount. Once we have received your payment into our account, we will then makethe relevant payments to the provider of your holiday or travel arrangements.
2. How we use this information
2.1. Any personal information such asemail address or postcode is held by us for the sole purpose of communicatingwith you as you have requested and for processing any bookings you make throughus. We may disclose this information to the Supplier for the purposes ofproviding the Product to you. We may also use your personal information to sendyou newsletters if you have subscribed with us or opened an Account, at thefrequency you request, and reply and correspond with you if you give usfeedback or apply for a job with us. This includes any information you mayprovide to us on your return from holiday or any emails or records of telephoneconversations we may have with you.
2.2. We will not share thisinformation with any other parties unless we need to do so in order to fulfilyour arrangements booked with third party providers (including the Suppliers),or as specifically stated in any special terms and conditions as is sometimesthe case with competition entries, or as we are required to do so by law.
2.3. Please note that in order tocomplete your booking, we will need your name, address and/or email address,travelling dates, personal identification details, together with otherinformation relevant to your booking (for example, your passport number andthose for people within your group). This is so that we can process yourbooking and pass this to the third parties providing your booked arrangements(eg, hotels, airlines, public authorities such as customs and immigration ifrequired, etc), so that they have the relevant information to provide yourbooked arrangements. This applies to sensitive personal data that you may giveto us, such as information relating to disabilities, dietary requirementsand/or religious beliefs. This may involve the transfer of information outside Malaysiaand by providing us with this information you agree to provide your consent(and the consent of those included in your group) to transfer such informationout of Malaysia. If you provide us personal data or information about anotherperson, you confirm that he/she has appointed you to act for him/her, toconsent to the processing of his/her personal data and to receive on his/herbehalf any data protection notices. If you are travelling to the United States,the US Customers and Border Protection will receive this information for thepurposes of preventing and combating terrorism and other transnational seriouscrimes.
2.4. We may disclose your personalinformation to any member of our group, which means our subsidiaries, ourultimate holding company and its subsidiaries, as defined in the Companies Act1965. We may disclose your personal information to third parties in the eventthat we sell or buy any business or assets and for the purposes of such sale orpurchase (in which case we may disclose your personal data to the prospectiveseller or buyer of such business or assets).
2.5. We will retain your data for aslong as necessary for the fulfilment of the purposes set out in this PrivacyPolicy or as is required to satisfy any legal, regulatory and/or accountingrequirements.
3. Cookies and our website
3.1. In addition to personalinformation that you choose to give us, we may also collect information aboutyour computer (to verify that the activity on our Website is from genuinesources) and about your general usage of the Website in accordance with theapplicable laws. This may include your IP address, operating system, webbrowser software, screen resolution and referring website.
3.2. We use cookies primarily to makeour Website easier for you to use as well as for marketing and analyticspurposes. Cookies contain information that is transferred to your computer\'shard drive. They help us to improve our Website and to deliver a better andmore personalised service. They enable us:
1. to estimate our audience size andusage pattern;
2. to store information about yourpreferences, and so allow us to customise our site according to your individualinterests;
3. to speed up your searches; and/or
4. to recognise you when you returnto our Website.
3.3. Our cookies don\'t store sensitiveinformation such as your name, address or financial details. You can delete anycookies stored on your computer, or refuse to accept cookies by activating thesetting on your browser which allows you to refuse the setting of cookies.However, please note that if you select this setting, this may prevent you fromaccessing or using all or part of the Website. Unless you have adjusted yourbrowser setting so that it will refuse cookies, our system will issue cookieswhen you log in to our Website.
3.4. Unfortunately, the transmissionof information via the internet may not be completely secure. We will do ourbest to protect your personal data by making reasonable security arrangements.Once we have received your information, we will use strict procedures andsecurity features to prevent unauthorised access as required under theapplicable laws.
4. Your rights
You havethe right to ask Secret Escapes not to process your personal data for marketingpurposes and to correct and withdraw your consent to the collection, use ordisclosure of your personal data subject to the Personal Data Protection Act2010. You also have the right to access and make correction of information heldabout you by Secret Escapes by contacting us at the contact details provided inparagraph 7 below. Your right to access can be exercised in accordance with andsubject 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 inproviding you with details on your personal data.
5. Consent
Bydisclosing your personal information via the Website, over the telephone or viaemail or post, you consent to the collection, use, disclosure, storage andprocessing of your personal information by Secret Escapes in the manner set outin this Privacy Policy relating to your use of the Website, the Services and/ormaking bookings through us.
6. Validity / changes
Subjectto applicable laws, Secret Escapes has the right to alter this Privacy Policyfor any reason with prior notice. If you change your contact details, pleasesend an email with your new details to support@secretescapes.com.my. Any changesto this Privacy Policy will be posted on our Website and (where appropriate)emailed to the last email address you have given to us, and become effective asof (the later of) the date we post the amended Privacy Policy on the Website orsend the email. You will be given the option to consent to or object to theamended Privacy Policy, in which case this Privacy Policy shall apply.
7. Queries / Contact us
If youhave any questions about this Privacy Policy or about the information we holdabout you, then please contact us at:
Secret Escapes Ltd
4th Floor
120 Holborn
London
EC1n 2DT
support@secretescapes.com.my
0044 (0) 2036080135