TERMS AND CONDITIONS
terms and conditions

FCT (First Class Traveller) operate the following Terms, Conditions, Policies and Disclaimers


This website is offered to you on the condition that you accept the Terms, Conditions, Policies and Disclaimers and you are advised to read them carefully before using this website and making a booking. If you do not agree with these terms and conditions then you are not authorised to use this website.


Booking Conditions

By making a booking, you agree to be bound by these Terms & Conditions. You can print a copy by selecting the print option from the “File” menu of your browser.

The Liability Disclaimer forms part of these terms and conditions so please read it.

Description of the Services

First Class Traveller (“FCT”) is a hotel and serviced apartment finding and booking service for you in return for a finder’s fee. You understand that should you decide to purchase/book accommodation on this website you will be entering into a contract with the hotels or serviced apartments as well as with FCT, and separate terms and conditions will apply to your booking. You agree to abide by the terms or conditions of purchase imposed by the hotels and serviced apartments with whom you elect to deal.

For the avoidance of doubt FCT is not operating in the capacity of agent of any hotel or serviced apartment provider.


Notices

Notices are to be served c/o First Class Traveller, Knights Court, 6- 8 St Johns Sq, London, EC1 M4DE.

FCT does not accept the service of any documents for or on behalf of the accommodation providers.


Non Compliance

You understand that if you fail to comply with any of the applicable separate terms and conditions and or any of the special rules and restrictions that may apply to your booking reservation, then this may result in the cancellation of your reservation, and may also result in the loss of your deposit or the full fee paid to the hotel or serviced apartment provider. It is recommended that you familiarise yourself with any applicable separate terms and conditions.


Warranties

FCT is a hotel and/or serviced apartment finding and booking service only and does not give any warranties in respect of the hotel or serviced apartments.

When providing prices and details of the hotels and serviced apartments to you FCT will use all reasonable skill and care in performing its finding and booking service but FCT cannot guarantee that the information provided to FCT by the hotel or serviced apartment provider is complete, accurate or correct nor can FCT be held responsible for error’s or failures to deliver. Each hotel and/or serviced apartment provider remains responsible for the accuracy of the information communicated to you by FCT by telephone or by e-mail or displayed on FCT’s website about their hotel or serviced apartments. FCT’s website does not constitute a recommendation or endorsement of any hotel or serviced apartment advertised.


Booking

You can search the FCT website for a hotel or serviced apartment of your choice.

Bookings are to be placed by telephone or e-mail to FCT and it is a condition of any booking that you are a member of the FCT Travel Club (see below). The booking will only be valid when it is confirmed by e-mail from FCT. You must input and check the booking details carefully as errors may lead to the invalidation of the booking, may lead to an extra charges including administration costs and/or increases in the booking price.

You must be at least 18 years old to make a booking.


Price and Payment

All prices for hotels and/or serviced apartments quoted on the FCT website or over the telephone and by e-mail from FCT in respect of bookings are exclusive of all other duties and taxes that may be charged by the hotel or serviced apartment.

Payment for FCT’s finder’s fee must be made in full in order to confirm your booking with FCT and is inclusive of VAT.

The prices quoted for hotels and/or serviced apartments is per room per night and unless otherwise stated does not include breakfast, lunch and dinner.


Prices are liable to change at any time, but changes will not affect bookings already made.

Payment for all hotel and/or serviced apartments quoted must be made to the provider direct and not to FCT and in accordance with the hotel or serviced apartment provider’s terms and conditions.By using a credit or debit card to pay for your finder’s fee with FCT, you confirm that the card being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, FCT will not accept your booking and are not responsible for your card issuer or bank charging you as a result of FCT processing your credit/debit card payment in accordance with your booking.

The only payment that FCT will make on your credit or debit card will be in respect of FCT’s finder’s fee. You will be responsible for settling the price for the hotel and/or serviced apartment direct with the provider of the accommodation. For the avoidance of doubt FCT provides a finding and booking service only and does not act on behalf of or as agent for the providers of accommodation.


Cancellation and Amendment

In the event that you would like to cancel or amend your booking, you are subject to the terms and conditions of the hotel or serviced apartment that you have booked to stay in. The hotel or serviced apartment may apply an administration fee and or a cancellation charge and if the booking is amended then the hotel or serviced apartment is not obliged to offer the same room rate for any part of the stay. Any charge for the amendment or cancellation must be met by you. Please familiarise yourself with the relevant hotel or serviced apartment policy. Cancellations must be made by emailing the hotel or serviced apartment directly and always copied to info@firstclasstraveller.com.

FCT’s finder’s fee is non-refundable in all circumstances.


FCT Travel Club

It is a condition of booking with FCT that you are a member of the FCT Travel Club. Membership prices are set out on the FCT website. Membership runs for a period of 12 months from payment and is renewed automatically at the end of each 12 month period subject to the rights to cancel below.

If you have not made a booking within 28 days from the commencement of your membership then you shall be entitled to cancel the membership upon written notice to FCT and to be reimbursed the membership fee paid. Thereafter cancellation is only available upon written notice to FCT within 28 days of the commencement of each new membership period of 12 months provided that no bookings have been made during that 28 day period.


Queries

Any queries or concerns relating to the hotel or serviced apartment should be addressed to them. We will of course assist you with other enquiries.


Assignment

Subject to the following sentence, neither you nor FCT may assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Agreement without the prior written agreement of the other Parties. A Party may, however, assign and transfer all its rights and obligations under this agreement to any person to which it transfers all of its business, provided that the assignee undertakes in writing to the other Party to be bound by the obligations of the assignor under this Agreement.


Entire agreement

This Agreement contains the whole agreement between and supersedes and replaces any prior written or oral agreements, representations or understandings between them in respect of the same.


Waiver

No failure or delay by FCT in exercising any right, power or privilege under this Agreement shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.


Severance

If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.


Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with English law. Both you and FCT submit to the exclusive jurisdiction of the courts of England.


Contracts (Rights of Third Parties) Act 1999

A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement, but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.


Liability

FCT’s liability is limited to the services it provides which is those of a booking service only. The hotels and/or serviced apartment’s terms and conditions govern the booking itself and your stay.

FCT shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the costs of the Services.

The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this contract.

This clause shall survive termination of this contract.


Liability Disclaimer


Virus and Web Use

FCT disclaims liability in respect of any virus or other electronic infection that may have been transferred through this site. FCT may contain links to other sites on the Web but cannot control nor be responsible for the privacy practices or content of such other websites and accepts no liability for their content or fitness.


Hotels and Serviced Apartments

FCT makes no representations or warranties and expressly excludes all representations and warranties whether they are express or implied as to the quality of the hotel or serviced apartment, the accuracy of the information about the hotel or serviced apartment, including, but not limited to, the accuracy of the description of the of the hotel or serviced apartment displayed on this website whether by text or imagery (photographic or otherwise). Please be aware that the hotel room photos are only a description of the type of rooms on offer and may not represent the actual room described.


Any hotel or accommodation rating is displayed as a guide only.

FCT accepts no liability for the acts or omissions of the hotels or serviced apartments howsoever arising. This includes, but is not limited to, the cancellation of a booking, overbooking, the provision of inadequate accommodation, in each case whether caused by the hotels or serviced apartments or circumstances beyond their control.


Failure in Performance

FCT accepts no liability and will not be liable where any failure in the performance of this agreement is due to you, or a third party whether connected with this agreement or otherwise, or circumstances beyond FCT’s control. FCT accepts no liability where the failure under the agreement is not reasonably foreseeable or for any consequential losses.


Consumer Rights

None of the clauses above affect any rights that you may directly have against the hotels or serviced apartments or your rights as a consumer generally whether statutory or otherwise.


Severance

If any provision of this disclaimer is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this disclaimer and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect the validity or enforcement of this disclaimer.


Terms of use and Conditions of Access to the FCT Website

By using this website you consent to all FCT’s Terms and Conditions, disclaimers and Policies including the Privacy Policy, as defined by FCT and which FCT reserves the right to change. Any changes will be notified via the website.


Virus and Technical Faults

FCT does not guarantee that the website is free from viruses, infections or similar destructive properties or defects, and does not assume any responsibility for failures or technical defects which occur with the website which are outside its control.


Content

You must not alter the content of this website or use it for any illegal or illicit purpose including the transmission of defamatory material or remarks or similar purposes. You may not in any way commercially exploit any content obtained from the website and must abide by the trademark, copyright and other proprietary restrictions and licences displayed on this website.


Personal Details

Whilst access to the website is free, personal details are required to make hotel bookings. By submitting your personal details, you agree to comply with FCT's Terms of Use and Privacy Policy.


False Information

You must not use this website to provide any false or erroneous information and or to make false or fraudulent bookings.


Other Websites

FCT shall not be held liable for any information held on websites which may have links to or from this website and which are not maintained and controlled by FCT.


User Exclusion

FCT reserves the right to exclude, at its sole discretion, temporarily or indefinitely, any user for any reason, including breach of any of these Terms of Use or non-compliance with any UK or EU laws or regulations.


Indemnity

You agree to indemnify FCT from any proceedings brought against it to the extent that such proceedings arise from or in connection with your use of this website, your breach of these website Terms, Conditions or Policies, your violation of any law or the rights of a third party.


Severance

If any provision of these Terms of use and Conditions of Access to the FCT Website is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect the validity or enforcement of this Agreement.


Governing Law

The Terms of use and Conditions of Access to the FCT Website shall be governed by and construed in accordance with English law.


Copyright Policy

All content, designs, text, graphics, software compilations, underlying source codes, trademarks, taglines and other graphic arrangements on this website are the copyright of FCT or its content providers where applicable. Permission is granted to users to download and print one copy of this website for their own personal, non-commercial use. Any other use of this website without prior written consent from FCT is strictly prohibited. All content on this website is protected by national and international copyright laws and treaties.

You may not use our logo for any purpose whatsoever, unless the intended use of the logo is approved in advance by us in writing.


Linking to our Site

If you wish to link to our site for commercial purposes, please write to info@firstclasstraveller.com for more information. Without FCT’s express written consent you may not link to any page of this site for any purpose whatsoever.


License

By submitting content to FCT you irrevocably grant to a royalty-free world-wide non-exclusive license to FCT to use your content or any part thereof, in any way that FCT chooses.


Warranties

You warrant that the content supplied by you will not infringe any copyright or other intellectual property rights and you assume full responsibility for any content supplied by you and published on the FCT website, so long as the content is published in substantially the same form as received by FCT. You agree to indemnify FCT from any proceedings brought against it to the extent that such proceedings arise in connection with the content supplied by you.

FCT is not responsible for verifying the accuracy or otherwise of any content provided by you, its authors or by a third party.


Restrictions

You agree not to provide any content which may adversely affect the functionality of any computer software and/or hardware, any content which is untrue, inaccurate, misleading, defamatory, offensive or malicious, any content which is in breach of any intellectual property rights of any third party, or any content which, if published by FCT, would be illegal, unlawful, or would be reasonably likely to cause loss or damage to FCT.


Severance

If any provision of this copyright policy is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this policy and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect the validity or enforcement of this policy.


Privacy Policy.

FCT is committed to protecting your privacy. This Privacy Policy explains how FCT uses the information collected about you and the procedures that it has in place to safeguard your privacy.

You can visit the website without disclosing any personally identifiable information about yourself.

However, we may record information about your computer that is provided by your operating system and internet software.


The information we collect

FCT only collects personal information voluntarily provided by you. If you wish to become a registered user of the FCT website then you must disclose personal information.

To process your booking it is a requirement that you disclose Personal information including information that can identify you as an individual, such as your name, phone number or email address.

We may use the information you give us for marketing purposes, for example to develop related products or services.

At all times we seek to comply with the Data Protection Act 1998. We follow strict procedures for the storage of information to prevent unauthorised access.


Automatically collected information and how we use it

Some information is automatically collected about your computer every time you visit www.firstclasstraveller.com. One the information is collected you are generally assigned a "cookie" (a small, unique identifier text file). This cookie only contains the information which your operating system or internet software automatically sends to us. It allows us to see from which countries people are visiting the site, for how long they stay on the site and from which search engine access to our site was sought. The information we collect from these cookie files is used for the purpose of improving the content and design of this website.


Personal information

Any personal information that you volunteer, whether through the registration process or otherwise, may be used for the purpose of responding to and fulfilling your requests for accommodation, responding to your requests for information about The First Class Traveller Awards, for marketing proposes and for any other purpose which you authorise.

Who your information is shared with Your personal information may be shared with our authorized accommodation providers, and only as necessary in order to facilitate and complete a transaction that you specifically request. Your information will not be sold or rented to anyone unless you have specifically authorized us to do so.


How you can control the use of your information

FCT provides you with choice and control over the collection and use of your personal information as well as a means of updating, correcting, or removing any personal information stored in your customer profile. If you wish to limit the ways in which we use or disseminate your personal information, or if you wish for us to remove your personal information from our system, please contact us at info@firstclasstraveller.com.


How we protect your information

We take great precaution in keeping information that is stored in our systems protected from unauthorized access. The systems which we operate are configured with data encryption technologies and industry-standard firewalls. When you send personal information to us over the Internet, your data is protected by Secure Socket Layer (SSL) technology to ensure safe transmission.


Please be aware that we do not necessarily have complete control over the personal information that you send to us. The nature of the internet is such that your communications, whether sent by email or through an online form, will potentially if not necessarily pass through the control of third parties. Accordingly, all statements of policy made in this document in respect of your personal information only apply to the extent that we collect or disseminate your personal information. They do not apply to the extent to which third parties do the same. We do not accept any responsibility for unauthorized or unlawful collection or dissemination of your personal information that is beyond our control.


Our obligations

FCT’s policy is to ensure so far as possible that our employees, servants or agents are fully aware of this privacy policy and adhere to its terms. We take all reasonable steps to ensuring that your personal information is kept confidential.

FCT will only disseminate your personal information in accordance with the policy expressed above or if required to do so by law.