1.0       INTRODUCTION

 

Listed on this page are the terms and conditions which apply to your interactions with us, so please read them carefully before proceeding (and print if necessary for future reference). These Terms and Conditions (together with the Additional Terms set forth herein, “Terms”) set forth the terms and conditions applicable to and governing your, the user, member or customer (“you” or “your” being interpreted accordingly) access to and use of the website (“Site”) and all Content (as defined herein) incorporated into and presented through such websites made available by The Bath Concierge Limited (“The Bath Concierge”, “we”, “us” and “our” being interpreted accordingly.) By using the Site, and the features and services made available through the Site, you are acknowledging that you have read, understand and agreed to these Terms and expressly agree that they form a binding contract between you and The Bath Concierge.

 

If you don't wish to be bound by these terms and conditions then you must not use the Website or engage us.

 

 

2.0       WHO ARE WE?

 

These Terms and Conditions are operated by The Bath Concierge Ltd, a company registered in England and Wales under registration number 11970295. Our registered address is 164 Bridge Road, Sarisbury Green, Southampton, SO31 7EH. You can contact us as indicated under the “Contact Us” section below.

 

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3.0       CHANGES TO THE TERMS

 

3.1       The Bath Concierge are free to unilaterally change the membership terms and conditions without giving further notice to the individual member. Such changes will, unless stated otherwise, take immediate effect. If we make any changes to these terms they will be posted on this page and so please ensure you check back here for any updates. Members are responsible for keeping themselves updated in relation to any changes to our Terms and Conditions.

 

These terms were last updated 14th January 2021.

 

4.0       CONTENT

 

4.1       Your use of the Digital Properties and their contents including, without limit any, text, audio/visual materials, graphics, trademarks, service marks, trade names, logos, icons, photographs, music, forms, images, animations, data, information, code and software, regardless of whether registered or unregistered, and any combinations and compilations thereof (“Content”) is subject to these Terms. Any Content that you access on the Digital Properties is either owned by us (or third parties who licence such Content to us) and is made available only for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission. The names ‘The Bath Concierge’, ‘The Bath Concierge Limited’, ‘The Concierge Club’, ‘My Bath Concierge’ and other business names and logos displayed on the Digital Properties may be trademarks belonging to us or other companies in The Bath Concierge Limited Group (“Trade Marks”). 

 

4.2       The Digital Properties and Content are licensed and your limited rights to access and use the Digital Properties and Content are conditioned upon your compliance with these Terms. No act of downloading or copying from, or otherwise using, the Digital Properties, even with our permission, will transfer any title, interest or right in or to any Digital Property or Content to you. We hereby expressly reserve all rights not expressly granted in and to the Digital Properties and Content.

 

 

5.0        LIABILITY DISCLAIMER

 

5.1       We make no express warranties or representations as to the quality and/or accuracy of the Content, the Site or Services, and we expressly disclaim any implied warranties, conditions and/or representations, including but not limited to implied warranties of non-infringement to the full extent permissible under applicable law. We offer the Content, the Site and Services on an “as is” basis and so do not accept any responsibility for any use of reliance on the Site, Content or Services, or for any disruption or delay in the Services.

 

5.2       Whilst we will correct any errors in our Content, the Site and Services that come to our attention as soon as we reasonably can, we do not undertake or warrant that the Content, the Site and Services will be completely free from bugs or errors or that the Content, the Site and Digital Services will be available on an uninterrupted basis. You accept that access to the Content, the Site and Services may be interrupted or suspended without notice in the case of IT system issues or where we need to undertake maintenance or due to other reasons beyond our reasonable control. 

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6.        YOUR PERSONAL INFORMATION

 

            We will use the personal information you provide us with in accordance with our Privacy Policy.

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7.0       MEMBERSHIP

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7.1.       All member applications are subject to acceptance by The Bath Concierge at its sole discretion. The Bath Concierge shall notify the applicant should their application be accepted. The Bath Concierge is under no duty to disclose its reasons for rejecting an application.

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7.2.      You are obliged to provide correct and accurate personal contact details. Failure to do so will invalidate your Membership and any transactions. You must notify The Bath Concierge in the instance of your personal details changing. 

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7.3.     The Bath Concierge will issue you with Membership documents as soon as possible following receipt of your Joining Fee and Membership Fee. 

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7.4      You are responsible for ensuring that your Membership is not used by anyone other than yourself, the name of the applicant.

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7.5     For the first year of your Membership, Membership Fees and the Joining Fees payable shall be confirmed to you prior to acceptance of your Membership application. The Joining Fee shall be payable in full upon acceptance of your Membership application. Any increase or decrease to the Membership Fees will be notified to all Members in advance of their Renewal Date. 

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7.6.    The Member acknowledges that payment of the Joining Fee constitutes your request for The Bath Concierge to begin supplying you with services. 

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7.7.     Membership Fees are non-refundable (subject to Clauses  The Joining Fee covers our cost in setting up your Membership and is refundable in all circumstances. 

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7.8.     You have the right to cancel your Membership until the end of the 14 day cancellation period after your application is approved. We request all Membership cancellations in written format.

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7.9.     If you cancel your Membership within the Cancellation Period you will be reimbursed your Membership Fee minus the cost for the services performed up until you informed us of your decision to cancel your Membership.

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7.10.    The Bath Concierge reserves the right to cancel or suspend your Membership where it has no reason to do so. The Bath Concierge will refund the balance of the current annual membership fee on a pro rata basis in respect of the unexpired period to which the fee relates, only if it is reasonable to do so. 

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7.11.    Membership Fees are due upon acceptance of your Membership application and annually thereafter, known as the Renewal Date. Full payment will be taken by The Bath Concierge annually in advance by GoCardless Direct Debit or Bank Transfer. 

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7.12.     In authorising a direct debit mandate, you hereby authorise The Bath Concierge to deduct collect renewal Membership Fees up to 28 days prior to or on your Renewal Date. 

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7.13.    If you do not wish to renew your membership, you must notify The Bath Concierge at least 30 days prior to your Renewal Date. If we are not notified in accordance with this clause, The Bath Concierge reserves the right to recharge the then current Membership Fee in order to renew the Membership. 

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7.14.   The Bath Concierge reserves its right to not provide any Services to the Member if payment due is not received.

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7.15.    If during your Membership, you would like to upgrade to a higher level of Membership, the difference in price between two Membership packages will be payable on a pro rata basis. 

 

8.0      SUPPLY OF SERVICES

 

8.1       The Bath Concierge shall supply the Services to the Client in accordance with the Client’s particular Requests, provided that The Bath Concierge shall not be required to provide or facilitate the supply of goods and/or services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.

8.2       The Bath Concierge shall use its reasonable endeavours to meet any performance dates specified, but any such dates shall be estimates only and time shall not be of the essence for performance of any Services.

8.3       Quintessentially shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Quintessentially shall notify the Member in any such event.

8.4       Quintessentially shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Requests and reasonable instructions from time to time.

Restaurants

8.6       When you use the restaurant booking service you hereby authorise us to debit your Payment Card for any deposit paid by us on your behalf to the restaurant which is forfeited as a result of your cancellation of the booking.

8.61      When you use the restaurant booking service you agree that where you cancel a restaurant booking within 24 hours of the time the restaurant reservation is made you shall not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit.

8.62      The Bath Concierge reserves the right to deny restaurant requests from Clients if Clients repeatedly fail to honour their bookings or continuously violate cancellation policies.

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9.0      PLACING A REQUEST

9.1       Clients may place Requests by telephone (which does include text messages), e-mail or through the Book Now and Contact Us section of the Website.

9.2       The Bath Concierge, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.

9.3       If The Bath Concierge is unable or not obliged to deal with any Request, it will inform the Client as soon as reasonably practicable.

9.4       You undertake that all details you provide to us for the purpose of booking, ordering or purchasing products or services are correct, that the debit, credit and/or Payment Card you use from time to time is your own and that you have sufficient funds to cover the cost of the product or service.

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10.0        CANCELLATIONS & REFUNDS

10.1       The Client acknowledges that the sales contract for the supply of goods and/or services made as a result of a Request is between the Client and the relevant Supplier and that The Bath Concierge is not a party to such contract. Cancellation of contracts with Suppliers should be addressed with the Supplier directly and will be subject to the relevant Supplier's policies.

10.2       If a Request for a specific product or service is not available, The Bath Concierge may offer you substitute products or services of a similar description and standard. You may at your sole discretion refuse acceptance of such substitute products and/or services and request a full refund in the event that payment has already been made to the Supplier for the unavailable product or service.

10.3       Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.

10.4       The Member further acknowledges that for goods purchased on his or her behalf by The Bath Concierge directly from a Supplier, refunds will be subject to the terms and conditions of that Supplier and refunds of any Services purchased may not always be permitted. The Bath Concierge shall not be liable to the Client where a Supplier does not accept the refund of a Service.

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11.0       SUPPLIERS

11.1        Suppliers are responsible for providing you with the services you Request.

11.2       The Bath Concierge shall communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.

11.3        Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Supplier to you, and such terms and conditions shall be binding upon you at the time of order.

11.4        When ordering a service you may be required to provide your Payment Card details. If you request and authorise The Bath Concierge to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that The Bath Concierge shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that The Bath Concierge acts in accordance with the instructions issued by you in relation thereof.

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12.0        LIMITATION OF LIABILITY

12.1        Nothing in these Conditions shall limit or exclude The Bath Concierge's liability for:

       (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

       (b) fraud or fraudulent misrepresentation; or

       (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

12.2        Subject to clause 11.1:

       (a) The Bath Concierge shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with the Service provided

       (b) The Bath Concierge's total liability to the Client in respect of all other losses arising under or in connection with their Service, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the £100.

12.3        Your contract for the supply of products or services is made with the relevant Supplier only. The Bath Concierge acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.

12.4        You acknowledge that any contract entered into by you with any Supplier is an independent contract. The Bath Concierge hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through the The Bath Concierge.

12.5        The Bath Concierge shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from any service requests or instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival.

12.6        The Bath Concierge shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of The Bath Concierge's obligations in relation to the Services, if the delay or failure was due to any cause beyond The Bath Concierge's reasonable control.

12.7        Except as expressly set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.

12.8        This clause 11.8 shall survive termination of these Conditions.

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13.0       PROMOTIONS

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Promotional codes: In order to make the most of the discounts and offers available we will give you a promotional code. Each promotional code has its own rules which will be made clear at the time of issue. We will issue your promotional code via email and so please ensure you take your code with you and show it when you pay. Promotional codes are non-transferable and cannot be used in conjunction with other promotions or discounts. Promotional codes are individual to you as a member and may only be used once in the stated time frame that the code is valid for. We may cancel or suspend a promotional code without notice where an event beyond our control affects the running of the promotion, or where we suspect fraud or technical error.

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14.0.    GENERAL

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14.1.      The Services and the Membership are subject to The Bath Concierge's privacy policy, listed above.

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14.2      The Bath Concierge may, at any time, subcontract in any manner any or all of its obligations under these Conditions to any third part or agent.

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14.3      The Member shall not, without the prior written consent of The Bath Concierge, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions. 

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14.4.     Nothing in these Conditions is intended to, or shall be deemed a partnership of any kind between parties. 

 

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The Bath Concierge Limited

Company Number 11970295