1. Healthcare

Terms and Conditions
1.2.17 "Price" means the price of the Accommodation (including
breakfast) reserved by you in terms of the Contract;
1.2.18 "Process" has the meaning given in the DPA;
Bookings of 10 (ten) or more rooms constitute a
‘group booking’. The terms and conditions set out in
this document do not apply to ‘group bookings’. The
hotel operators own group terms & conditions apply
to ‘group bookings’.
CONDITIONS OF BOOKING
between
EDINBURGH CONVENTION BUREAU LIMITED, a company
incorporated in Scotland (Company No. 279022) and having its
registered office at 29 Drumsheugh Gardens, Edinburgh, EH3
7RN, trading as the EDINBURGH CONVENTION BUREAU
CONFERENCE ACCOMMODATION BOOKING SERVICE
("CABS")
and
The Delegate who is using the service provided by CABS,
identified as the Delegate on the Accommodation Booking Form
(the “Delegate”).
1
Definitions and Headings
1.1
In these Conditions, references to "we", "us" and "our" are
to CABS and references to "you" and "your" are to the
Delegate.
1.2
In these Conditions:-
1.2.1 "Accommodation" means the hotel accommodation
specified by you in this Booking Form;
1.2.2 "Additional Charges" means any charges incurred by
you for any goods or services supplied by the Hotel
Operator at your request, which are not included in the
Price, being in addition to the cost of the
Accommodation;
1.2.3 "Allocation" means the Hotel accommodation which the
Event Organiser has requested us to provisionally reserve
for the Event as detailed in the Delegate Information;
1.2.4 "Arrival Date" means the arrival date stated on this
Booking Form;
1.2.5 "this Booking Form" means the booking form (which
incorporates these Conditions) which you will complete
and submit on the Website to reserve the
Accommodation;
1.2.6 "Cancellation Charge" means the appropriate charge
for cancellation of the reservation of the Accommodation
as set out in Clause 7;
1.2.7 "Conditions" means the standard terms and conditions
specified in this document;
1.2.8 "Contract" means the contract in terms of which we will
reserve the Accommodation on your behalf and which will
be concluded on the basis of the terms of this Booking
Form and the issue of an acknowledgement in Writing to
you by us in terms of Clause 2;
1.2.9 "Delegate Information" means the information for the
Event which is available on the Website;
1.2.10 "Departure Date" means the departure date stated on
this Booking Form;
1.2.11 "DPA" shall mean the Data Protection Act 1998;
1.2.12 "Event" means the event identified on this Booking
Form, which is being organised by the Event Organiser;
1.2.13 "Event Organiser" means the event organiser identified
in the Delegate Information;
1.2.14 "Hotel" means the hotel(s) described, or referred by
reference to, in this Booking Form;
1.2.15 "Hotel Operator" means the owner of the Hotel who is to
provide the Accommodation;
1.2.16 "Personal Data" has the meaning given in the DPA;
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1.2.19 “Release Date” is the date falling 45 days before the date on
which the Event starts;
1.2.20 “Website” means the CABS website url www.etc or such
other website as may replace that website from time to time;
1.2.21 “Working Days” are days on which CABS is open for
business being Monday to Friday 9am to 5pm (UK time)
excluding public holidays; and
1.2.22 "Writing" includes fax and email and “Written” shall be
construed accordingly.
1.3
Any reference in these Conditions to a statute or any provision
of a statute shall be construed as a reference to that provision
as amended, re-enacted or extended at the relevant time. Any
reference to the singular shall include the plural (and vice
versa) and a reference to one gender shall include all others.
1.4
The headings of these Conditions herein contained are
inserted for convenience of reference only and are not
intended to be part of or to affect the meaning or the
interpretation of any Clauses of these Conditions.
2
Basis of Contract
2.1
If you wish us to reserve Accommodation for you, you must
complete this Booking Form on the Website and send it to us
by following the instructions on the Website.
2.2
For the purposes of this Clause 2, where this Booking Form
refers to a number of different hotels, you agree that this
Booking Form contains separate instructions to us to reserve
rooms in any of these hotels at the rates detailed in this
Booking Form for the period from the Arrival Date and ending
on the morning of the Departure Date. Where this Booking
Form does not name a hotel but simply refers to a standard
grade of hotel or similar, we are free to select an appropriate
hotel which meets your criteria.
2.3
When we receive your booking form, we will then use
reasonable efforts to reserve the Accommodation on your
behalf. Any reservation made by us on your behalf prior to the
Release Date will be confirmed by us to you in Writing as
soon as practicable afterwards.
2.4
To be clear
2.4.1 the Contract will be constituted by the terms set out in this
Booking Form and will apply to the exclusion of any other
terms of contract referred to by you. Until we receive your
Booking Form the Contract will not have been concluded. If
you do not receive an acknowledgement within a reasonable
period of time after sending this Booking Form to us, please
contact us;
2.4.2 by sending this Booking Form to us, you are instructing us to
reserve the Accommodation for you. Once we have done this,
you will have a direct contract with the Hotel Operator and not
us for the reservation of the Accommodation. This means
that it is the Hotel Operator’s responsibility to provide you with
the Accommodation and you pay the Price to the Hotel
Operator and not to us;
2.4.3 we cannot guarantee the availability of the Accommodation.
You acknowledge that if the rooms are not available for
reservation we will have no liability to you in such
circumstances. Should this happen, we will notify you as
soon as practicable afterwards; and
2.4.4 any variation to the Contract must be agreed in Writing
between you and us.
3
3.1
Additional Facilities/ Services
If you require any additional facilities or services you should
notify these requirements to us in Writing at the time of
booking. You acknowledge we cannot guarantee that the
Hotel Operator will be able to accommodate your request.
You understand that you may require to pay an Additional
Charge for any additional facilities or services requested. If
you do not request such additional facilities or services at the
time of booking, neither we nor the Hotel Operator will be
responsible for providing them.
4
4.1
5
5.1
8.2
All the Hotel Operators detailed in the Delegate Information
hold a valid and current VisitScotland Quality Assurance
Award.
9
Enquiries/Complaints
9.1
In the first instance, all enquiries or complaints should be
directed to the Hotel Operator.
Honouring Reservations
In the event any Hotel Operator fails to keep to any
booking, properly made by you, we will use reasonable
efforts to ensure that the Hotel Operator provides you
with accommodation, free of additional charge, at a
suitable hotel nearby. The suitability of any substitute
accommodation will be decided by us, acting reasonably.
9.2
If you do not receive a satisfactory resolution to your enquiry
or complaint from the Hotel Operator, then you should contact
us in Writing.
10
10.1
Data Protection
We confirm that, at all times, we shall comply with the DPA,
including but not limited to, maintaining a valid and up to date
registration
or
notification
with
the
Information
Commissioners’ Office under the DPA covering our
Processing of your Personal Data under this Contract.
Further information on the DPA can be obtained from
www.ico.gov.uk
In order to provide you with our services, we require to collect
Personal Data about you, such as your name, contact details,
email addresses and details of your debit/credit card. You
confirm that the Personal Data you provide us with in this
Booking Form is correct, accurate and up to date. You
undertake to notify us if any of this information changes or if
you become aware that any of the information is inaccurate.
Price and Commission
6.1
The Price shall be as stated in the Delegate Information.
We will use reasonable efforts to ensure that the Hotel
Operator does not increase the Price. However, the Hotel
Operator will be able to charge you an Additional Charge
for any services or facilities you request which are not
included in the Price.
6.3
This will be judged by us acting
Late Bookings
You acknowledge that if you make a booking after the
Release Date, we will attempt to obtain the Price for the
Accommodation set out in the Delegate Information, but
we cannot guarantee that the Hotel Operator will be able
to continue to offer these rates or availability.
6
6.2
a satisfactory standard.
reasonably.
You understand that you pay the Price and any Additional
Charges to the Hotel Operator and not to us, before the
Departure Date, or the actual date of departure,
whichever is later.
You understand that the Hotel Operator will pay us
commission on each booking we make on your behalf at
the rate of 10% (including VAT) of the Price or any
Cancellation Charge payable by you (the "Commission").
The Commission will be paid directly to us by the Hotel
Operator.
7
Cancellation and Amendment
7.1
If you wish to cancel or amend your booking you must
give Written notification in accordance with the
requirements of this Clause. All cancellations will be
dealt with by us in accordance with our cancellation
policy detailed below at Clause 7.4.
If you wish to cancel or amend your booking 6 calendar
weeks or more before the Arrival Date you must notify us
but if you wish to cancel or amend your booking less than
6 calendar weeks prior to the Arrival Date, please notify
the Hotel Operator directly and let us know as well.
Should you wish to amend your booking, you understand
that we cannot guarantee that the Hotel Operator will be
able to accommodate your request.
You understand that if you wish to cancel or amend your
booking you may incur a charge of one night's
Accommodation (including any applicable tax) at the
agreed nightly rates for the room concerned if you cancel
the reservation less than 24 hours before 10am on the
Arrival Date as shown on this Booking Form.
10.2
10.3
Your Personal Data will be forwarded to the Hotel Operator so
we can make the booking on your behalf and it may be
disclosed to the Event Organiser. You expressly consent to
your Personal Data being used in this way.
10.4
We follow strict security procedures in the storage and
disclosure of Personal Data in order to ensure compliance
with all applicable legal requirements. All Personal Data will
be held in the strictest of confidence and used only for the
purposes for which we collect it. We take all reasonable
measures to prevent unauthorised access to Personal Data.
The terms of this Clause 10 shall survive termination of the
Contract.
10.5
11
11.1
Liability
To be clear, when we notify the Hotel Operator of your
reservation you will have a direct contract with the Hotel
Operator and not us. You understand that we will not be liable
for the performance or non-performance of this contract by the
Hotel Operator.
11.2
To the fullest extent permitted by law, we shall not be liable to
you for any representation (unless fraudulent), under contract
(including the express provisions of the Contract), in delict
(including negligence or breach of duty) or otherwise, for loss
of profit or for any indirect, special or consequential loss or
damage, costs, expenses or other claims for compensation
whatsoever (whether caused by our negligence, our
employees or agents or otherwise) which arise out of or in
connection with the provision of Accommodation. Our entire
liability under or in connection with the Contract shall not
exceed the Commission which is actually received, or would
have been received, by us on the Price or Cancellation
Charges which you have paid, or would have paid, to the
Hotel Operator in terms of this Booking Form.
11.3
The terms of this Clause shall survive termination of the
Contract.
Where the Hotel Operator is properly entitled to charge a
Cancellation Charge, you understand that this will be
deducted from your debit/credit card. Where you have
paid for your Accommodation in advance, the Hotel
Operator will deduct the Cancellation Charge from the
amount you have paid and will pay any excess back to
you.
12
12.1
Assignation
The Contract is personal to you and you may not assign or
transfer, or claim to assign or transfer to any other person,
any of your rights or sub-contract any of your obligations
under the Contract without our prior Written consent.
13
Termination
8
Standard of Accommodation
13.1
8.1
We will reasonably try to ensure that all the
accommodation detailed in the Delegate Information is of
We may terminate the Contract at any time by giving you 7
days notice in Writing.
7.2
7.3
7.4
7.5
7.6
You also understand that if you cancel your booking or
shorten the length of your stay by bringing forward your
Departure Date after 10am on the Arrival Date you will be
liable to pay a charge equal to the price of the
Accommodation (including any applicable tax) at the
agreed nightly rates for the room concerned for the full
period of stay for which you were booked prior to the
changing your booking.
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13.2
We may, at any time upon serving notice in Writing to
you, terminate the Contract with immediate effect in the
event that:-
13.2.1 you materially breach any of your obligations under the
Contract. Where the material breach is capable of being
remedied, the Contract may only be terminated where
you have failed to remedy the breach within 7 days after
being asked in Writing to do so by us. Furthermore, we
may terminate the Contract immediately in the case of a
material breach by you of your obligations under the
Contract where the material breach has occurred 2 times
or more previously (whether or not the previous breaches
were cured;
13.2.2 you become a patient as defined by Section 125 of the
Mental Health (Scotland) Act 1984 or as defined by
Section 145 of the Mental Health Act 1983;
13.2.3 you commit any criminal offence (other than a road traffic
offence not involving a custodial sentence).
13.3
Any termination to the Contract under this Clause 13
shall be without prejudice to any other rights or remedies
we may be entitled to hereunder or at law and shall not
affect any accrued rights or liabilities of either party or the
coming into or continuance in force of any provision
hereof which is expressly or by implication intended to
come into or continue in force on or after such
termination.
14
14.1
Force Majeure
Should any event beyond either party's control, such as
acts of God, war, curtailment or interruption of transport
facilities, threats or acts of terrorism, travel restrictions
issued by any government or civil disturbance, that make
it illegal or impossible or contrary to government advice
for that party to perform its obligations under the
Contract, such party may terminate the Contract without
liability upon Written notice to the other party.
15
General
15.1
If any provision of the Contract is held by a court or other
competent authority to be invalid or unenforceable in
whole or in part, the validity of the other provisions of the
Contract and the remainder of the provision in question
shall not be affected.
15.2 All notices shall be given:
15.2.1 to
us
via
e-mail
at
[email protected] or by fax to
(+44) (0) 131 473 3878
15.2.2 to you at either the e-mail or postal address or fax
number you provide to us on this Booking Form.
E-mails and faxes will be deemed received when they are
received by the recipient (or at the start of the next
Working Day if they are received by the recipient outside
a Working Day). Notices sent by post will be deemed
received by a recipient 3 Working Days after the date of
posting.
16
Law and Jurisdiction
16.1
The Contract shall be governed by the laws of Scotland,
and you agree to submit to the exclusive jurisdiction of
the Scottish courts.
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