This document tells you the terms and conditions of the services and information listed on our website www.cheekytrip.com. Please read these terms and conditions carefully before making use of any services and information on our site. You should understand by using the services and information provided on our site that you agree to be bound by these terms and conditions.
HDC Travel Limited trading as Cheekytrip.
7th Floor Trinity Gate
32 West Street
By making use of the services and information offered on our site you warrant that:
It is important that you understand that www.cheekytrip.com does not operate as travel agent but as a comparison website on behalf of third party agents. We assist and provide you with holidays that you can then make a reservation with our suppliers. Therefore the legal contract with any booking made is between you and the third party agent you choose book you holiday through. You should check carefully their terms and conditions applying to your transaction.
We provide links on our site to the websites of other companies whether affiliated with us or not. We cannot give any undertaking that the products you purchase from third party sellers or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.
Travel to most international destination comes without any incident however certain destination may carry some risk. At HDC Travel Ltd we ask passengers to seek information on any travel prohibitions, warnings, announcements and advisories from The Foreign, Commonwealth & Development Office before booking your trip. This information can be found on the FCDO's website https://www.gov.uk/government/organisations/foreign-commonwealth-development-office. Medical advice for travellers can be found at the Department of Health's website https://www.gov.uk/government/organisations/department-of-health-and-social-care. Otherwise for any other medical advice regarding your journey please consult your GP.
By offering for sale travel to particular international destinations, HDC Travel Ltd does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations
The information, products, and services published on our website may have some inaccuracies or typographical errors. In particular HDC Travel Ltd, and its affiliates do not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of accommodation, air, cruise, car and other travel products displayed on this website (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), Much of which information is provided by the respective suppliers. Any accommodation rating displayed on this website is intended as only general guidelines, and HDC Travel Ltd and its affiliates do not guarantee the accuracy of the rating. Changes are periodically added to the information herein. HDC Travel Ltd its affiliates and/or their respective suppliers may make improvements and/or changes on this website at any time.
HDC Travel Ltd and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose and the inclusion or offering for sale of any products or services on this website does not constitute any endorsement or recommendation of such products or services by HDC Travel Ltd or its affiliates. HDC Travel Ltd shall use reasonable care and skill in carrying out the Services contained in this website.
HDC Travel Ltd, its suppliers, and/or its respective suppliers so far as permitted by law hereby disclaim all warranties, terms and conditions with regard to this information, software, products, and services, including all implied warranties, and conditions, of suitable quality, fitness for a particular purpose, title, and non-infringement.
The carriers, hotels and any other suppliers providing travel, are independent contractors and not agents or employees of HDC Travel Ltd or its affiliates. HDC Travel Ltd and its suppliers are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
In no event shall HDC Travel Ltd, its suppliers and/or their suppliers be liable for any, indirect, incidental, punitive, special, or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, products, and services obtained through this website, or otherwise arising out of the use of this website, (including, but not limited to loss of use, data, profits, savings or opportunities), whether based on contract, tort, strict liability or otherwise, even if HDC Travel Ltd, its suppliers, and/or any of their suppliers have been advised of the possibility of damages.
Except in relation to liability for death or personal injury for which no limit applies the liability of HDC Travel Ltd, its suppliers and/or its respective suppliers arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, shall be limited to a maximum of the total value of the transaction under which the claim arises for any one event or series of connected events. This does not affect your statutory rights as a consumer.
IMPORTANT: THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER, DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SHOULD YOU DECIDE TO PURCHASE ANY TRAVEL PACKAGES THROUGH ANY WEBSITE WE HAVE PROVIDED A LINK TO ON OUR SITE, SEPARATE TERMS AND CONDITIONS WILL ALSO APPLY.
You agree to defend and indemnify HDC Travel Ltd, its suppliers, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of these Website Terms, Conditions and Notices or the documents referenced herein:
Your violation of any law or the rights of a third party
Your use of this Website
From time to time applicable laws may require that some of the information or communications we may send to you should be in writing. When using our site you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to HDC Travel Ltd, 7th Floor Trinity Gate, 32 West Street, Gateshead NE8 1AD.
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract arising with you as a result of you using this website (Contract) that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you make use of the services provided by us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (which if appropriate will be deemed to apply retrospectively).
Use of any of the Services provided through our site will be governed by English law. Any dispute arising from, or related to, the use of any such Services or in respect of any contract arising between you and us shall be subject to the exclusive jurisdiction of the courts of England and Wales.