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Secret Escapes – Booking Terms and Conditions
These terms and conditions, together with the Privacy Policy and the Website Terms of Use (collectively, the "Terms and Conditions") set out the terms on which Secret Escapes Limited ("Secret Escapes", "we", "us" or "our") provides travel arrangements through our website (www.secretescapes.com), over the telephone, on any app we release or otherwise (collectively, the "Services"). It also governs the marketing for these services which is controlled by our affiliate in Ireland, Empathy Marketing Limited ("EML").
Agency bookings: Sections A and B of these Terms and Conditions apply to the sale of accommodation only, hotel vouchers ("Hotel Vouchers"), flight only, third party package holidays ("Third Party Package Holidays") and all other travel arrangements ("Travel Offer(s)") made available for sale through the Services where we act as an agent on behalf of the third party travel provider ("Travel Provider(s)").
SECTION A – APPLICABLE TO ALL BOOKINGS
1. WELCOME TO SECRET ESCAPES
1.1 Secret Escapes is an exclusive members' only travel club that promotes and advertises exclusive deals on Travel Offers.
2. YOUR RELATIONSHIP WITH US
2.1 Please read these Terms and Conditions carefully before booking with us. These Terms and Conditions govern your relationship with us in respect of your use of the Services and how bookings that you wish to make are processed by Secret Escapes. It is important that you read and understand the Terms and Conditions before using the Services. If there is anything within the Terms and Conditions that you do not understand, then please contact us on the details given in paragraph 21 below to discuss what this means for you.
2.2 By setting up an account or otherwise using or accessing the Services you agree to these Terms and Conditions in relation to any Travel Offer you buy. In addition, when you make a booking, you will be invited to agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Services or make a booking.
2.3. Secret Escapes does not itself own or provide any of the services, facilities or travel arrangements which make up your Travel Offer. These are provided by third parties i.e. the Travel Providers.
2.4 The lead name on the booking will be the person responsible for the booking (the "Lead Name"). The Lead Name shall be responsible for paying the deposit and the full price, for making any amendment and cancellation requests, for the payment of any additional charges in relation to such requests and for all other matters concerning the booking, in accordance with these Terms and Conditions. The Lead Name also confirms that the details provided for all other parties to the booking are full and accurate, that those other parties agree to be bound by these Terms and Conditions and that the Lead Name has the authority to accept and does accept these Terms and Conditions on behalf of all persons in the booking. The Lead Name must be at least 18 years old at the time of booking.
2.5 The Lead Name agrees to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports (where relevant) of those travelling under the booking.
3. INFORMATION ABOUT US
3.1 Secret Escapes Limited is a company registered in England under company number 07026107. Our registered office is at 4th Floor, 120 Holborn, London EC1N 2TD. Our VAT number is GB103138366.
4. ACCOUNT AND MEMBERSHIP
4.1 To access the Services, you must register with us and set up an account (your "Account").
4.2 You may set up your Account with an email address and password or connect to the Services and create an Account using a social media account (e.g. Facebook) identified in the sign up stage.
4.3 If you create your Account using an email and password, we encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols). You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us on the details given in paragraph 21 below straight away to let us know.
4.4 If you create your Account using a social media service you give us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service as set out in our Privacy Policy.
4.5 Once you have created your Account and we have informed you of this, you become a member of Secret Escapes (a "Member").
4.6 You must be at least 18 years of age and capable in your country of residence of entering into a legally binding agreement to become a Member.
4.7 In the event that you breach these Terms and Conditions, Secret Escapes may suspend or terminate your access to the Services and your Account. If your access is suspended or terminated you must not attempt to use the Services under any other name or by using the access credentials of another person even where you have the permission of that person to do so.
5. AVAILABILITY
5.1 Secret Escapes allows Members to make bookings for the Travel Offers advertised on the Services. Secret Escapes does not guarantee that any Travel Offer will remain available for any period of time on the Services.
5.2 All bookings for the Travel Offers are subject to availability at the time of booking. We will inform you as soon as possible after placing a booking if, for any reason, the Travel Offer you have sought to book through the Services is not available.
6. INCENTIVE PROGRAMMES
CREDITS AND BEST PRICE GUARANTEE
6.1 Where we issue you with credit for a booking enabling you to cancel or change dates prior to travel (as specified in an offer) which you have cancelled or otherwise, we will add this credit directly to your Account (subject to any specified cancellation fee or administration fee) to spend with Secret Escapes.
6.2 From time to time we run incentive programmes or offers whereby if you take certain actions (such as inviting friends to join the website) you may be able to earn credit to spend within Secret Escapes (“Incentive Programmes”). There is no limit to the amount of Secret Escapes credit you can acquire for such Incentive Programmes. In fact, we would love you to tell all of your friends about us. However, if you try and gain additional Secret Escapes credit through falsifying accounts or creating multiple fake accounts, then this will not be considered valid and such credits will be cancelled when detected.
6.3 We offer a best price guarantee policy (“Best Price Guarantee”) on accommodation only Travel Offers. Best Price Guarantee does not apply to Third Party Package Holidays, Package Holidays, or any Travel Offers that include travel or flights. Best Price Guarantee applies if within 24 hours of booking an accommodation only Travel Offer:
(a) you find the exact same accommodation only offer (same hotel, same room type, same room location and view, same length of stay, same stay dates, same inclusions, same occupancy and same cancellation and amendment policy)
22.2 For the avoidance of doubt, 'Travel Offers' includes the provision of package holidays, organised or combined by third party Travel Providers ("Third Party Package Holidays"). For such bookings, Secret Escapes does not directly enter into a contract with you to provide any Third Party Package Holiday or Travel Offer you purchase.
22.3 Your contract for the Travel Offer is with the Travel Provider. As such, these Terms and Conditions govern your use of our Services but the provision of the Travel Offers you purchase will be subject to the terms and conditions displayed on the Travel Offer page, any additional booking conditions made available to you just before you pay for a Travel Offer through the Services and the terms and conditions of the Travel Provider (the "Offer T&Cs").
22.4 By using the Services to purchase a Travel Offer from a Travel Provider, you agree to the Offer T&Cs and you agree that you are entering into a contract directly with the Travel Provider in relation to the Travel Offer purchased.
22.5 Secret Escapes does not itself own or provide any of the services, facilities or travel arrangements which it sells through the Services. These are all provided by the Travel Providers. If, after purchasing a Travel Offer, you have any queries or concerns about the Travel Offer, please contact the Travel Provider directly.
22.6 As your contract for the Travel Offer will be between you and the Travel Provider, we will not be in any way responsible for the delivery of the Travel Offer. As such, we do not accept any responsibility or liability for any loss you suffer as a result of availing yourself of the Travel Offer.
23. BOOKING TRAVEL OFFERS
23.1 You can book Travel Offers from Travel Providers by following the process outlined in the Services. All bookings are subject to acceptance by the Travel Providers. A contract will only come into existence between you and the Travel Provider(s) when you have paid the price payable (whether on booking or directly to the Travel Provider after booking) and you have received a booking confirmation on behalf of the Travel Providers. You acknowledge that by booking with a Travel Provider you will be under an obligation to pay for the Travel Offer booked by you. Save where you have made a “zero deposit” package booking, we will charge your chosen payment method after we accept your booking. The Travel Provider will send you a further email when your booking has been processed confirming the details of the Travel Offer booked, including all relevant confirmation documentation as may be required if you have booked a Third Party Package Holiday with a Travel Provider.
23.2 If we are unable to accept your booking because, for example, there are no more vacancies remaining on your chosen dates, or because of an error in the price (see paragraph 24 below) we will inform you of this by email and we will not process your booking. If you have already paid for the Travel Offer (or any part of it) we will arrange for monies paid to be refunded to you in full as soon as possible.
23.3 The booking process on the Services allows you to check and amend any errors before submitting your booking for a Travel Offer. Please take the time to read and check your booking at each stage of the booking process.
23.4 Please make sure that you (and any travel companions) are eligible for any Travel Offer and are able to travel on the dates for which you have booked the Travel Offer before making a booking.
23.5 If you (or any travel companions) have any special requests you must let us know during the booking process. Secret Escapes will attempt to pass on all reasonable requests to the Travel Providers, but we cannot guarantee that such requests will be met by the Travel Providers. Secret Escapes does not accept bookings that are conditional on the fulfilment of a special request.
23.6 If you have a medical condition which may affect your booking, please let us know before making a booking so we can find out if the Travel Offer is suitable before you make a booking.
23.7 You must keep the contact details we hold for you up-to-date so that either we or the Travel Provider can contact you if necessary about your Travel Offer.
23.8 Once we have notified you, acting as agent for the Travel Provider, that your booking request has been accepted by the Travel Provider, and you have paid for your Travel Offer, Secret Escapes will send you an email booking confirmation setting out the details of the Travel Offer and the Travel Provider(s) supplying the Travel Offer. This email confirms receipt of your booking and payment and contains all details of your Travel Offer. In the case of Third Party Package Holiday Travel Offers the Travel Provider will send you a separate email or postal correspondence including your travel voucher and any other necessary information regarding your Third Party Package Holiday. In such cases, our booking confirmation confirms receipt of your payment for the Travel Offer and details of the dates your Travel Offer has been booked for and will let you know that the Travel Provider will contact you. The Travel Provider will then issue you with confirmation documentation providing details about the Third Party Package Holiday Travel Offer you have booked within three days of the booking being made and you having received your booking receipt email.
23.9 When you receive documentation for your Travel Offer, please ensure you check that all personal details are correct and in the event that the Travel Offer involves travelling abroad, that they match the names and ages on the passport(s). If this is not the case, please contact the Travel Provider as soon as possible.
23.10 In the event that tickets and/or travel documents do not arrive by post or email, Secret Escapes will not be responsible. Please contact the Travel Provider identified in the booking receipt email directly should you not receive these documents.
24. PRICE OF TRAVEL OFFERS
24.1 The price of any Travel Offer will be as quoted on the Services, except in cases of obvious error. The price of a Travel Offer includes VAT, together with any other relevant taxes such as Air Passenger Duty (where it applies).
24.2 The advertised price of any Travel Offer may change from time to time and we will inform you of the actual price at the time of booking.
24.3 Due to the large number of Travel Offers on the Services, it is always possible that some of the Travel Offers listed on the Services may be incorrectly priced, despite our reasonable efforts to make sure that they are accurately priced. We will normally verify prices with Travel Providers as part of our booking-handling procedure so that, where a Travel Offer’s correct price is less than the stated price, we will charge the lower amount when accepting the booking from you, as agent for the Travel Provider. If the Travel Offer’s correct price is higher than the price stated on the Services, we will normally, and at our discretion, either contact you for instructions before processing your booking, or reject your booking on behalf of the Travel Provider and notify you of the rejection.
24.4 Please note that the Travel Provider is under no obligation to agree to supply the Travel Offer to you at the incorrect (lower) price, even after we have sent you a booking confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
25. BOOKING FEE
25.1 We may charge a booking fee for providing you with the Services we provide for you to purchase the Travel Offer from the Travel Provider. If a booking fee is charged, it will be included in the prices you see when using the Services, and be shown in the price breakdown in your booking confirmation.
25.2 You agree that by making a booking with a Travel Provider through our Services you are under an obligation to pay us the booking fee.
26. PAYMENT
26.1 Save for “zero deposit” package bookings, Secret Escapes GmbH acts on our behalf and as a service provider to us, and we in turn act as an agent for the Travel Provider in accepting payments from you on behalf of the Travel Provider using the payment methods listed on the Services. You must pay for the Travel Offer by the date(s) set out in your booking confirmation. If any sum is not paid in full by the due date, we may cancel your booking on behalf of the Travel Provider immediately and the Travel Provider may charge you a cancellation fee. If you have already made a payment to a Travel Provider as set out above, we may on behalf of such Travel Providers deduct the cancellation fee from the payment already made to us before returning the balance to you or, where that payment is not sufficient to meet your liability to the Travel Provider, you agree to pay the Travel Provider the additional sum.
27.3 Any request for a change to a confirmed booking must be made by the Lead Name on the booking and we may require this to be confirmed to us by email.
28. CANCELLATIONS AND AMENDMENTS BY TRAVEL PROVIDERS
28.1 If a Travel Provider informs us of a change to your purchased Travel Offer, we will inform you. Most changes are minor changes, however, occasionally we have to notify Members of a significant change that a Travel Provider has made to a purchased Travel Offer. A significant change is a change made before the start of the Travel Offer which, taking account of the information given to us at the time of booking the Travel Offer and which the Travel Provider can reasonably be expected to know, the Travel Provider can reasonably expect to have a major effect on your purchased Travel Offer.
28.2 In the unlikely event of a Travel Provider cancelling or making a significant change to your purchased Travel Offer we will tell you as soon as possible. If there is time to do so before the start of your purchased Travel Offer, we will use reasonable efforts to seek (but cannot guarantee) to secure from the Travel Provider an offer to you of one of the following options (depending on the nature of the purchased Travel Offer):
(a) accepting the changed arrangements; or
(b) for Travel Offers other than Third Party Package Holidays: a choice of accepting an alternative reservation or cancelling your reservation together with a full refund of all monies you have paid. In the event of no alternative being available from the Travel Provider, they may instruct us to cancel the Travel Offer and give a full refund; or
(c) for Third Party Package Holiday Travel Offers only:
(i) choosing a replacement Third Party Package Holiday of a lower, similar or higher standard to that originally booked if available. In the event you accept an alternative Third Party Package Holiday of a lower standard you will be entitled to recover the price difference between the price you paid and the price of the lower standard Third Party Package Holiday. If you accept a Third Party Package Holiday of a similar standard, there will be no extra charge. If you accept a Third Party Package Holiday of a higher standard, you must pay the price difference between your purchased Third Party Package Holiday and the higher priced Third Party Package Holiday; or
(ii) cancelling the purchased Third Party Package Holiday together with a full refund of all monies you have paid.
(Note that the efforts we may take to secure the various options from the Travel Providers of Third Party Package Holidays described above does not impact upon the legal rights which you may have directly against these Travel Providers under the Package Travel and Linked Travel Arrangements Regulations 2018.)
28.3 Travel Providers may not give Members any of the above options in the event that a change to the purchased Travel Offer is a minor change. Please note that a change of flight time of less than 12 hours, a change of airline or aircraft (if identified at the time of booking) or a change of a destination airport or a change of accommodation to another of the same or higher standard usually qualify as minor changes
28.4 Where a Travel Provider cancels or makes changes to the purchased Travel Offer, Secret Escapes will not be responsible for any costs incurred by you.
28.5 In the rare cases that a Travel Provider cancels your booking after it has been accepted, you will be notified by the Travel Provider or Secret Escapes acting on the Travel Provider’s behalf. As Secret Escapes is an agent acting on behalf of Travel Providers, and your contract for the Travel Offer is with the Travel Provider, we will use reasonable endeavours to assist you in getting a refund or changing your dates. However, Secret Escapes will not be responsible for any costs associated with a cancellation by the Travel Provider.
29. YOUR FINANCIAL PROTECTION FOR AGENCY/TRAVEL OFFER SALES
29.1 All the Third Party Package Holidays we sell are protected by the third party package organiser (the Travel Provider). If you buy a single travel service then this does not apply.
30. OUR LIABILITY TO YOU FOR AGENCY SALES
30.1 If Secret Escapes fails to comply with these Terms and Conditions, we will be responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
30.2 The maximum loss or damage we will be responsible for under paragraph 30.1 is limited to the booking fee you paid us when using the Services to purchase a Travel Offer to which the loss or damage you suffer relates.
30.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other limitation that is excluded by law from time to time.
30.3 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or the Competition and Consumer Protection Commission (CCPC).
These Terms and Conditions were last updated on 16 April 2024.
On this page you will find the full, legally binding and up to date terms and conditions written by our legal eagles and covering every eventuality and we obviously encourage you to read these and our Privacy Policy in detail before you purchase or register. But here's a summary to get you started...
1. Please don't do anything bad or we'll close your account.
3. If you have any questions about these terms and conditions then simply email us at helpdesk at pigsback dot com and we'll help you
Pigsback.com General Terms & Conditions
This website ("Pigsback.com website") is provided by Empathy Marketing Limited with registered offices at Empathy Marketing Ltd, The Masonry, Suite 201/202,151-156 Thomas St., Dublin 8, D08 PY5E (hereinafter referred to as "Pigsback.com").
Participation in the Pigsback.com Programme is governed by terms and conditions which are outlined in the terms and conditions area of the Pigsback.com website. These terms and conditions are important and protect you and us. Please take the time to read the terms and conditions carefully. If you have any questions about the terms and conditions please email Pigsback.com at helpdesk at pigsback dot com.
In the event of access by another user, Pigsback.com reserves the right to suspend both accounts until both users are in contact with Pigsback.com and identity has been established. The user shall retain access to Pigsback.com but will not have any access or permission to spend Points or credits, until the Account Holder has personally been in touch with Pigsback.com Customer Services and Pigsback.com has been completely satisfied that all terms and conditions are complied with.
In the event of regular access by a user other than the account holder, Pigsback.com reserve the right to reclaim all Points earned by access of the unauthorised user and freeze the account, for which the member will have no recourse against Pigsback.com.
Members may earn Points for enrolling in the Pigsback.com Programme; taking advantage of Points earning opportunities on the Pigsback.com website and other third-party websites; reading or responding to offers from participating advertisers and partners; and complying with the terms of other offers or programmes from Pigsback.com or other companies.
Unless otherwise specifically notified, Points can only be earned by following all and any instructions regarding earning Points. A member's failure to correctly follow any required instructions or procedures may result in no Points being earned, for which the member will have no recourse against Pigsback.com.
Points earned are recorded against your account, however any Points earned are never available for redemption until the member has sufficient Points and the participating companies have sent Pigsback.com confirmation that the member has accrued sufficient Points.
Pigsback.com is not responsible for changes to, or discontinuance of any Points earning opportunity through third party companies, nor are we responsible for the inaccurate communication of Points earned through a linked site, by that participating company.
Pigsback.com reserves the right to change the range of products, services and offers available for the redemption of Points, as well as the number of Points required to make any such redemption from time to time and any such change will be communicated via the Pigsback.com website.
Points may not be transferred to other accounts nor pooled together in any manner and the sale or barter of Points is strictly prohibited. Points have no monetary value, and cannot be used for any purpose other than redeeming designated rewards or discounts. At no time will rewards be available to be refunded for their cash value.
Unless specifically notified otherwise, all rewards supplied to us in return for Points are provided solely by the named third party, and Pigsback.com makes no warranty or representations in respect to any reward. Members must exchange defective products or goods by following the supplier-designated procedures.
Pigsback.com may from time to time adjust a member's account upwards or downwards in respect to accounting errors, non-payment from third parties, refunds issued or suspected fraud, for which we have full authority.
Your correspondence or dealings with, or participation in promotions and/or with advertisers found on or through the Pigsback.com website are solely between you and such advertiser. You agree that Pigsback.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on the Pigsback.com website.
You acknowledge that all trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to the Pigsback.com website (hereinafter referred to as "Intellectual Property") are solely owned by Pigsback.com. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners.
Submissions to Pigsback.com
Where you are invited to submit any contribution to Pigsback.com (this includes any emails, text, member submissions, forum postings, photographs, graphics, video or audio) you agree, that by submitting your contribution you are granting
Pigsback.com does not make any warranty, guarantee nor any representation regarding the quality of, or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies participating in the Pigsback.com Programme however we do make every reasonable effort to ensure that any and all products and services are fit for purpose and are advertised accurately and legally.
You agree to remain bound by this Agreement (or such amended Agreement) for as long as you remain a Member or unless Pigsback.com terminates, suspends or otherwise limits access. In the event that a Member expressly requests to leave the Pigsback.com Programme, no further communication will be entered into between Pigsback.com and the Member. Any unused Points will be immediately forfeited once the Members account has been cancelled.
Pigsback.com reserves the right to terminate the Pigsback.com Programme at any time. In the event of this, you will have thirty days from the notice date of the Pigsback.com Programme's termination to redeem any Points in accordance with this Agreement. Unless specified otherwise, no additional Points will be able to be accrued during this termination period.
Pigsback.com will make every effort to communicate to all Members the termination period, however they will not be held responsible for failing to notify any Member regardless of the reasons. The Member acknowledges that even if his or her account is terminated, he or she may receive emails from Pigsback.com for a period of thirty days thereafter.
Any fraud or abuse of the Pigsback.com website, Pigsback.com Programme etc. will result in the immediate termination of that Member's account and total forfeiture of any Points accrued.
Any fraud or abuse of the Pigsback.com website, Pigsback.com Programme etc. or any reason deemed appropriate by Pigsback.com at its sole discretion will result in the immediate termination of that Member's account and total forfeiture of any Points accrued.
Modifications to Pigsback.com website
Pigsback.com reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Pigsback.com website and/or the Pigsback.com Programme (or a part thereof) with or without notice. You agree that Pigsback.com shall not be liable to you or any third party for any modification, suspension or discontinuance of the Pigsback.com website or Pigsback.com Programme. Pigsback.com shall not be liable to any Member or third party should Pigsback.com exercise its right to modify or discontinue the Pigsback.com Programme.
Empathy Marketing Limited,
The Masonry, Suite 201/202,
151-156 Thomas St.,
Dublin 8,
D08 PY5E
Ireland.
Entire Agreement
This Agreement constitutes the entire Agreement between you and Pigsback.com and supersedes any prior agreements, arrangements, statements and understandings between Pigsback.com and you.
A waiver by Pigsback.com of any breach by any Member of any of the terms, provisions or conditions of this Agreement or the acquiescence of Pigsback.com to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
Nothing in this Agreement shall be construed as forming a partnership or joint venture with Members and no third party company will have the right or ability to create any obligation on Pigsback.com's behalf.
If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.
All questions or disputes regarding the Pigsback.com Programme, including without limitation, questions regarding participation and eligibility must be submitted in writing or by email to helpdesk at pigsback dot com within 90 days of the query where applicable, to Empathy Marketing Ltd, The Masonry, Suite 201/202, 151-156 Thomas St., Dublin 8, D08 PY5E. In the event of an error by Pigsback.com, your sole recourse will be the crediting of any disputed Points.
We shall not be liable to you as a result of any delay or failure to perform our obligations under these Terms and Conditions if and to the extent such delay or failure is caused by an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
The following terms and conditions of sale (“Terms and Conditions”) apply to the Exclusive Offers and Voucher service provided on this Website by Empathy Marketing Limited trading as Pigsback.com acting as agent of the Seller.
"Applicable Laws" means any law, statute, regulation, order, judgement, decision, recommendation, rule, policy or guideline passed or issued by government or any competent court or authority in relation to the subject matter of these Terms and Conditions.
"Customer" means you, being any person who Purchases a Voucher or the person in possession of the Voucher from time to time and a reference to "You" or "you" or "Your" or "your" is a reference to the Customer.
Unless otherwise specified on the face of the Voucher and/or the Website at the time of the promotion of the Exclusive Offer, the Service and the Vouchers on this Website are directed solely at those who access this Website from the Republic of Ireland and United Kingdom. We make no representation that the Service and/or any Voucher Products referred to on this Website are appropriate for use, or available, in other locations outside the Republic of Ireland or the United Kingdom. Those who choose to access this Website from other countries are responsible for compliance with Applicable Laws if and to the extent local laws are applicable.
The service is provided in order to enable you to Purchase Vouchers advertised on the Website from EML as agent for the Seller. EML does not sell, supply and/or provide the Exclusive Offering. It only issues, sells and transfers the Voucher to you in the name of and on behalf of the Seller.
All Vouchers are promotional vouchers that are offered to you to purchase to enable you to receive, on the redemption of a Voucher, a Voucher Product at a discount price and are subject to any terms, restrictions and conditions associated with the respective Exclusive Offer. Please also read the specific terms and conditions associated with each Exclusive Offer on the Website before purchase as these include information on the time frame of the deal; the service or product to be provided; and any other details pertaining to the deal.
By making a Purchase, you acknowledge that the Purchase is made subject to these Terms and Conditions.
Subject to the terms of the respective Exclusive Offers we will:
(a) email confirmation, acting on behalf of the Seller, that the Purchase has been completed to you at the email address which you provided to us upon purchase of the Voucher; and
(b) make the Voucher available for download by you.
We shall retain the details of the Purchase provided by you but we will not retain any payment details such as your credit card or PayPal details in a manner accessible by staff of Pigsback.com.
EML is accepting your payment as agent of the Seller in respect of the Voucher for the Voucher Products. Payment to EML constitutes a payment to the Seller and you shall have no further liability to the Seller in respect of the Voucher Products.
Once the Voucher has been made available to you it shall be redeemable by you from the Seller for the specified Voucher Products during the Redemption Period.
The Seller has agreed it will honour its obligation to provide Voucher Products upon the presentation of the Voucher by you, other than in the event of fraud or where that redemption would breach Applicable Laws. In the event that a Seller cannot supply and/or provide the Voucher Product as described for unforeseen reasons, EML will notify you on behalf of the Seller as soon as possible by email.
The restrictions, if any, in relation to the combination of redemption of the Voucher with any other promotions, vouchers, third party certificates, coupons or other conditions shall be at the discretion of the Seller and shall be set out on the face of the Voucher and/or on the Website in accordance with the terms advertised in relation to the respective Exclusive Offer.
If you redeem the Voucher for goods and/or services other than the respective Voucher Product, you will not be entitled to a credit, cash refund or new Voucher for the difference between the value of the Voucher Product and the actual value of the goods and/or services supplied and/or provided by the Seller to you.
Vouchers are redeemable in their entirety only if, for whatever reason, you redeem the Voucher with a Seller for less than the original (un-discounted) value of the respective Voucher Product, you are not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the redeemed value.
Where your Voucher has reached or is past the Redemption Period, it shall be deemed to have expired. Expired Vouchers will not be honoured by the Seller and you will lose your right to receive the Voucher Products. It is therefore important that you present your Voucher to the Seller during the Redemption Period to enable you to receive the Voucher Product.
Neither EML or the Seller will be responsible for any loss you suffer as a result of your failure to redeem a Voucher during the Redemption Period.
7. Your Rights
7.1. Cooling Off Period
(a) Once we, on behalf of the Seller send you the Voucher or make the Voucher available for download by you, you are entitled to a cooling off period in which you may cancel your Purchase at any time within 14 days from the day on which you receive the Voucher (the "Cooling Off Period") provided you have not already redeemed the Voucher. In certain specific cases such as ticketed events you may not be entitled to avail of this cooling off period, however this will be specified on the Exclusive Offer page.
In order to make a complaint please contact us at helpdesk at pigsback dot com
7.4. Redemption Refusal
(a) If, upon presentation of the Voucher with in the Redemption Period the Seller refuses to supply some or all of the Voucher Products in accordance with the terms of the Exclusive Offer, you may request a refund.
(c) We shall discuss the refusal with the Seller and we reserve the right, in our sole discretion acting on behalf of and under instruction of the Seller, to approve or deny any such refund request in accordance with Applicable Laws.
If you redeem your Voucher, but the Seller has not properly provided you with the Voucher Products, or if you have a complaint regarding the provision of the Voucher Products, you must take action against the Seller directly. This is because the Seller, and not EML, is responsible for the supply and/or provision of the Voucher Products. EML only sells and supplies the Voucher acting in the name and on behalf of the Seller. However, if you and the Seller cannot agree on how to resolve the complaint, EML, acting in the name and on behalf of the Seller, may, upon your request, try to help resolve the issue.
8.1. Pigsback.com acting on behalf of the Seller sells Vouchers via the Website that can be redeemed for Voucher Products from the Seller. You must provide a valid e-mail address, postal address and telephone number in order to purchase a Voucher.
(b) furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
(d) using the Service or Website (or any relevant functionality of either of them) in breach of these Terms and Conditions;
These terms and conditions, together with the Privacy Policy and the Website Terms of Use (collectively, the "Terms and Conditions") set out the terms on which Secret Escapes Limited ("Secret Escapes", "we", "us" or "our") provides travel arrangements through our website (www.secretescapes.com), over the telephone, on any app we release or otherwise (collectively, the "Services"). It also governs the marketing for these services which is controlled by our affiliate in Ireland, Empathy Marketing Limited ("EML").
Agency bookings: Sections A and B of these Terms and Conditions apply to the sale of accommodation only, hotel vouchers ("Hotel Vouchers"), flight only, third party package holidays ("Third Party Package Holidays") and all other travel arrangements ("Travel Offer(s)") made available for sale through the Services where we act as an agent on behalf of the third party travel provider ("Travel Provider(s)").
SECTION A – APPLICABLE TO ALL BOOKINGS
1. WELCOME TO SECRET ESCAPES
1.1 Secret Escapes is an exclusive members' only travel club that promotes and advertises exclusive deals on Travel Offers.
2. YOUR RELATIONSHIP WITH US
2.1 Please read these Terms and Conditions carefully before booking with us. These Terms and Conditions govern your relationship with us in respect of your use of the Services and how bookings that you wish to make are processed by Secret Escapes. It is important that you read and understand the Terms and Conditions before using the Services. If there is anything within the Terms and Conditions that you do not understand, then please contact us on the details given in paragraph 21 below to discuss what this means for you.
2.2 By setting up an account or otherwise using or accessing the Services you agree to these Terms and Conditions in relation to any Travel Offer you buy. In addition, when you make a booking, you will be invited to agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Services or make a booking.
2.3. Secret Escapes does not itself own or provide any of the services, facilities or travel arrangements which make up your Travel Offer. These are provided by third parties i.e. the Travel Providers.
2.4 The lead name on the booking will be the person responsible for the booking (the "Lead Name"). The Lead Name shall be responsible for paying the deposit and the full price, for making any amendment and cancellation requests, for the payment of any additional charges in relation to such requests and for all other matters concerning the booking, in accordance with these Terms and Conditions. The Lead Name also confirms that the details provided for all other parties to the booking are full and accurate, that those other parties agree to be bound by these Terms and Conditions and that the Lead Name has the authority to accept and does accept these Terms and Conditions on behalf of all persons in the booking. The Lead Name must be at least 18 years old at the time of booking.
2.5 The Lead Name agrees to check all descriptions on the travel documentation received after booking and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports (where relevant) of those travelling under the booking.
3. INFORMATION ABOUT US
3.1 Secret Escapes Limited is a company registered in England under company number 07026107. Our registered office is at 4th Floor, 120 Holborn, London EC1N 2TD. Our VAT number is GB103138366.
4. ACCOUNT AND MEMBERSHIP
4.1 To access the Services, you must register with us and set up an account (your "Account").
4.2 You may set up your Account with an email address and password or connect to the Services and create an Account using a social media account (e.g. Facebook) identified in the sign up stage.
4.3 If you create your Account using an email and password, we encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols). You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us on the details given in paragraph 21 below straight away to let us know.
4.4 If you create your Account using a social media service you give us permission to access and use your information from that service as permitted by that service, and to store your log-in token for that service as set out in our Privacy Policy.
4.5 Once you have created your Account and we have informed you of this, you become a member of Secret Escapes (a "Member").
4.6 You must be at least 18 years of age and capable in your country of residence of entering into a legally binding agreement to become a Member.
4.7 In the event that you breach these Terms and Conditions, Secret Escapes may suspend or terminate your access to the Services and your Account. If your access is suspended or terminated you must not attempt to use the Services under any other name or by using the access credentials of another person even where you have the permission of that person to do so.
5. AVAILABILITY
5.1 Secret Escapes allows Members to make bookings for the Travel Offers advertised on the Services. Secret Escapes does not guarantee that any Travel Offer will remain available for any period of time on the Services.
5.2 All bookings for the Travel Offers are subject to availability at the time of booking. We will inform you as soon as possible after placing a booking if, for any reason, the Travel Offer you have sought to book through the Services is not available.
6. INCENTIVE PROGRAMMES
CREDITS AND BEST PRICE GUARANTEE
6.1 Where we issue you with credit for a booking enabling you to cancel or change dates prior to travel (as specified in an offer) which you have cancelled or otherwise, we will add this credit directly to your Account (subject to any specified cancellation fee or administration fee) to spend with Secret Escapes.
6.2 From time to time we run incentive programmes or offers whereby if you take certain actions (such as inviting friends to join the website) you may be able to earn credit to spend within Secret Escapes (“Incentive Programmes”). There is no limit to the amount of Secret Escapes credit you can acquire for such Incentive Programmes. In fact, we would love you to tell all of your friends about us. However, if you try and gain additional Secret Escapes credit through falsifying accounts or creating multiple fake accounts, then this will not be considered valid and such credits will be cancelled when detected.
6.3 We offer a best price guarantee policy (“Best Price Guarantee”) on accommodation only Travel Offers. Best Price Guarantee does not apply to Third Party Package Holidays, Package Holidays, or any Travel Offers that include travel or flights. Best Price Guarantee applies if within 24 hours of booking an accommodation only Travel Offer:
(a) you find the exact same accommodation only offer (same hotel, same room type, same room location and view, same length of stay, same stay dates, same inclusions, same occupancy and same cancellation and amendment policy)
(b) elsewhere (on a website, mobile website, or app) for a cheaper total price (including VAT or any applicable taxes) in the same currency, and
(c) the offer is available and visible to and bookable by the general public (for example not a member or loyalty offer, a group or corporate offer, and not an offer that requires additional requirements to book such as using a discount code or specific payment method, or requires an account or login, or for you to reside in a particular location)
(“Eligible Offer”).
6.4 In order to request the Best Price Guarantee you must alert us within 24 hours of booking by using this form. By submitting this form you are confirming that all information provided is true, accurate and complete. Secret Escapes cannot be held liable for any incomplete, inaccurate or missing information, and if for this reason we cannot apply the Best Price Guarantee.
6.5 If we confirm the comparative offer is an Eligible Offer and you have notified us in accordance with these Terms and Conditions, we will refund the difference between the Travel Offer and Eligible Booking in Secret Escapes credit to your Account to put towards your next booking with Secret Escapes, plus an additional €25 in credit to better the offer. If you wish to cancel your booked Travel Offer instead of benefitting from the Best Price Guarantee please refer to your booking confirmation which will set out details of the terms on which you can change or cancel your booking and claim any refund, if applicable.
6.6 Credits will remain in your Account for up to 12 months (unless an earlier expiry date is specified), at which point any credit within your Account will be automatically deleted.
6.7 Any credit may only be used for the purposes of booking deals available on the Secret Escapes website or app and cannot be converted into cash or resold. To the extent that any bookings purchased with credit are cancelled and refunded:
(a) the value of the credit used will be refunded in credit and not in cash; and
(b) to the extent that such cancellation and refund is not done for legitimate reasons and in good faith, Secret Escapes reserves the right to remove any credit from your account.
7. GIFT CARDS & PROMOTIONAL CODES
GIFT CARDS
7.1 Gift cards can only be purchased online through our website or app.
7.2 You may choose to: (i) have the gift card emailed to the recipient; or (ii) print the gift card yourself, or (iii) purchase a hard copy gift card, which will be posted to an address of your choice. Should you need to re-send or re-print the gift card, or if the hard copy gift card has not arrived within 7 working days of placing your order, this can be done by contacting customersupport@pigsback.com.
7.3 Gift cards are valid for five years from the date of issue and cannot be extended.
7.4 Only one discount code can be applied to any one booking, this includes any promotional codes or offers.
7.5 Gift cards have no cash value. Subject to paragraph 7.8, gift cards cannot be exchanged or refunded even partially, and cannot give rise to any charge back. Gift cards cannot be replaced or refunded if lost, stolen or expired. A Gift card cannot be bought using another gift card.
7.6 The value of any gift card you use will be deducted from the total cost of your booking with Secret Escapes. This excludes any amount paid to third-party tour operators, where the booking or payment takes place on the supplier's own website. If any balance remains to be spent from the gift card, it can be used on a future booking. There is no minimum spend required and the gift card can be redeemed against any purchase (including delivery charges) other than for Hotel Vouchers.
7.7 Gift cards can be purchased in fixed denominations from €50 to €5,000.
7.8 The purchaser of the gift card is entitled to request a full refund within 14 days from the date of purchase. The recipient of the gift card (if different from the purchaser) cannot request a refund at any time.
7.9 The gift card recipient must be 18 or over.
7.10 Secret Escapes reserves the right to refuse to redeem a gift card if it has a reasonable belief that the gift card has been obtained by fraudulent means.
PROMOTIONAL CODES
7.11 At various times, Secret Escapes may run promotions and provide promotional codes for use when purchasing a deal from Secret Escapes. The promotional codes are subject to the specific terms of individual campaigns, but are subject to the following general terms and conditions:
7.12 Booking must take place on the Secret Escapes website.
7.13 Third-party bookings are not eligible for use with a promotional code.
7.14 Promotional codes are limited to single use per person/booking, and must be redeemed on the account which received the promotional code.
7.15 Promotional codes only valid within advertised date range.
7.16 Promotional codes must be applied before placing your order; they cannot be applied after placing an order or applied retrospectively.
7.17 Promotional codes can be redeemed subject to advertised limitations, including limits on the number of codes available for any promotion, and are redeemed on a first come first serve basis.
7.18 Not valid on deposit bookings or instalments, and the full amount must be used at time of purchase.
7.19 Best price guarantee is applicable to the total price displayed on the Secret Escapes website. The promotional code is redeemable from the total amount, not the reduced price.
7.20 Should you cancel your booking with the promotional code applied, then where you are entitled to a refund, it shall be for the actual amount paid and not include the discounted amount.
7.21 No cash alternative is available.
7.22 Promotional codes are not valid in conjunction with any other offer or code.
7.23 Promotional codes cannot be accumulated over time.
7.24 Promotional codes cannot be used to purchase or top up a gift card.
7.25 In the event that a person is discovered to have multiple accounts and has activated multiple single use codes or, in the sole opinion of Secret Escapes, has breached any of the terms and conditions, then Secret Escapes reserves the right to cancel/void any and all promotional codes in respect of that customer.
7.26 All offers subject to availability.
7.27 Secret Escapes reserves the right to change and/or cancel the promotional code at any time.
8. EXPERIENCES & EXCURSIONS
8.1 Not used
9. RESOLVING DISPUTES
8.1 If you are unhappy with any aspect of the Travel Offer that you have booked through the Services and wish to complain, then please raise this with the relevant Travel Provider directly at the time so that they can try to address any issues raised by you during the course of your holiday. It is important you advise us as well as the Travel Provider so we can both help to put things right without delay. We believe it is better for everyone to resolve problems that arise during your holiday promptly so that you can enjoy your holiday. Please see our FAQs for further details on how to complain directly to a Travel Provider.
9.2 However, if you have a dispute with Secret Escapes, in the first instance please contact us at the details given in paragraph 21 below and attempt to resolve the dispute with us informally.
9.3 In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.
9.4 You may also wish to refer to the EU online dispute resolution platform (ODR) by clicking here. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
9.5 Please note that a failure to advise us/Travel Providers of problems whilst on holiday, as described above, deprives both us and the Travel Providers of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract including reducing any compensation due, potentially to zero.
10. INSURANCE
10.1 It is important that you have sufficient insurance in place to cover you (and your group) whilst you are away and it is a condition of your booking that you have such suitable insurance cover in place. Please ensure that you have a valid travel insurance policy in place from the time of booking, to cover you for the countries and activities you may be undertaking on your holiday.
11. TRAVEL INFORMATION AND FLIGHTS
11.1 Please note that we can provide general information about the passport and visa requirements for your trip, but your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates. Any information supplied by us on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.
11.2 The passport, visa and health requirements at the time of booking can be viewed on the Department of Foreign Affairs and Trade website (https://www.dfa.ie/travel/travel-advice/). It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. Neither we, nor the Travel Providers, accept any responsibility if you cannot travel because you have not complied with any passport, visa, health or immigration requirements. Please be sure to check the validity of your passport and allow up to 10 weeks for passport renewals.
11.3 If you or any member of your party is not an Irish Citizen or holds a non-Irish Passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) you are travelling to or through.
11.4 (Where applicable) Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure.
12. YOUR BEHAVIOUR
12.1 It is important that you behave responsibly and with consideration for others during your holiday. Accordingly, to the extent that one of our Travel Providers believes that your actions could or have caused disruption or annoyance, or a risk of safety, or damage to property, to us, our Travel Providers or other customers, or if it is believed that you are not fit to travel, then the Travel Providers may cancel your Travel Offer without further liability to you. In these circumstances, the cancellation provisions of paragraph 27 below shall not apply.
12.2 In the event that your behaviour causes loss or damage to any person or property for which we are liable, you agree to compensate us for such loss and damage, together with any legal costs which we may incur in pursuing this claim against you.
13. EVENTS OUTSIDE OUR CONTROL
13.1 In these Terms and Conditions, where we refer to "Unavoidable and Extraordinary Circumstances", it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken.
13.2 This may cover for example warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination, as well as industrial disputes (whether or not involving our employees), or acts of local or central Government or of any other competent authorities.
13.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a booking that is caused by any Unavoidable and Extraordinary Circumstances.
14. EACH OF THESE TERMS OPERATES INDEPENDENTLY
14.1 Each of the paragraphs of these Terms and Conditions operates separately. If any court or any other relevant authority decides that any of these paragraphs (or any part therein) are unlawful or unenforceable, the remaining paragraphs (and parts therein) will remain in full force and effect.
15. ENTIRE AGREEMENT
15.1 These Terms and Conditions, your booking confirmation and the relevant Travel Provider(s)' terms and conditions set out the written terms of our contract with you for the provision of the Services. You are not relying upon any other statement, promise or assurance in relation to your booking.
16. UPDATING THESE TERMS AND CONDITIONS
16.1 We may modify or update these Terms and Conditions from time to time at our sole discretion and for reasons including (without limitation):
(a) changes in how our business operates;
(b) changes in the legal or regulatory requirements that we must comply with; or
(c) changes in how we accept payment from you.
16.2 We will notify you of any material changes to these Terms and Conditions either using the usual method of communication we use to contact you or using a notice on our website or app. For the avoidance of doubt, this does not apply to confirmed bookings.
17. RIGHTS OF THIRD PARTIES
17.1 Any contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
18. TRANSFER OF OUR RIGHTS
18.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the contract.
19. NO WAIVER
19.1 If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you immediately, we can still require you to make the payment at a later date.
20. LAW AND JURISDICTION
20.1 These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the laws of Ireland.
20.2 You and we both agree that the courts of Ireland will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
20.3 If you are a resident of an EU country other than Ireland, you may also bring proceedings in your country of residence under the laws of that country.
21. CONTACT US AND CONTACTING YOU
21.1 If you have any queries about these terms, please contact us through our online form, send us an email at customersupport@pigsback.com or contact us on the phone: 0035 312 709 853 (8am - 8pm GMT, seven days a week). We’ll be here to help.
21.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your booking.
SECTION B – APPLICABLE TO ALL AGENCY BOOKINGS
(INCLUDING THIRD PARTY PACKAGE HOLIDAYS AND HOTEL VOUCHERS)
22. SECRET ESCAPES ROLE AS AGENT FOR TRAVEL PROVIDERS
22.1 We act as an agent for the Travel Providers whose Travel Offers are featured on the Services, with authority to conclude contracts on their behalf for the sale to you of such Travel Offers.
6.4 In order to request the Best Price Guarantee you must alert us within 24 hours of booking by using this form. By submitting this form you are confirming that all information provided is true, accurate and complete. Secret Escapes cannot be held liable for any incomplete, inaccurate or missing information, and if for this reason we cannot apply the Best Price Guarantee.
6.5 If we confirm the comparative offer is an Eligible Offer and you have notified us in accordance with these Terms and Conditions, we will refund the difference between the Travel Offer and Eligible Booking in Secret Escapes credit to your Account to put towards your next booking with Secret Escapes, plus an additional €25 in credit to better the offer. If you wish to cancel your booked Travel Offer instead of benefitting from the Best Price Guarantee please refer to your booking confirmation which will set out details of the terms on which you can change or cancel your booking and claim any refund, if applicable.
6.6 Credits will remain in your Account for up to 12 months (unless an earlier expiry date is specified), at which point any credit within your Account will be automatically deleted.
6.7 Any credit may only be used for the purposes of booking deals available on the Secret Escapes website or app and cannot be converted into cash or resold. To the extent that any bookings purchased with credit are cancelled and refunded:
(a) the value of the credit used will be refunded in credit and not in cash; and
(b) to the extent that such cancellation and refund is not done for legitimate reasons and in good faith, Secret Escapes reserves the right to remove any credit from your account.
7. GIFT CARDS & PROMOTIONAL CODES
GIFT CARDS
7.1 Gift cards can only be purchased online through our website or app.
7.2 You may choose to: (i) have the gift card emailed to the recipient; or (ii) print the gift card yourself, or (iii) purchase a hard copy gift card, which will be posted to an address of your choice. Should you need to re-send or re-print the gift card, or if the hard copy gift card has not arrived within 7 working days of placing your order, this can be done by contacting customersupport@pigsback.com.
7.3 Gift cards are valid for five years from the date of issue and cannot be extended.
7.4 Only one discount code can be applied to any one booking, this includes any promotional codes or offers.
7.5 Gift cards have no cash value. Subject to paragraph 7.8, gift cards cannot be exchanged or refunded even partially, and cannot give rise to any charge back. Gift cards cannot be replaced or refunded if lost, stolen or expired. A Gift card cannot be bought using another gift card.
7.6 The value of any gift card you use will be deducted from the total cost of your booking with Secret Escapes. This excludes any amount paid to third-party tour operators, where the booking or payment takes place on the supplier's own website. If any balance remains to be spent from the gift card, it can be used on a future booking. There is no minimum spend required and the gift card can be redeemed against any purchase (including delivery charges) other than for Hotel Vouchers.
7.7 Gift cards can be purchased in fixed denominations from €50 to €5,000.
7.8 The purchaser of the gift card is entitled to request a full refund within 14 days from the date of purchase. The recipient of the gift card (if different from the purchaser) cannot request a refund at any time.
7.9 The gift card recipient must be 18 or over.
7.10 Secret Escapes reserves the right to refuse to redeem a gift card if it has a reasonable belief that the gift card has been obtained by fraudulent means.
PROMOTIONAL CODES
7.11 At various times, Secret Escapes may run promotions and provide promotional codes for use when purchasing a deal from Secret Escapes. The promotional codes are subject to the specific terms of individual campaigns, but are subject to the following general terms and conditions:
7.12 Booking must take place on the Secret Escapes website.
7.13 Third-party bookings are not eligible for use with a promotional code.
7.14 Promotional codes are limited to single use per person/booking, and must be redeemed on the account which received the promotional code.
7.15 Promotional codes only valid within advertised date range.
7.16 Promotional codes must be applied before placing your order; they cannot be applied after placing an order or applied retrospectively.
7.17 Promotional codes can be redeemed subject to advertised limitations, including limits on the number of codes available for any promotion, and are redeemed on a first come first serve basis.
7.18 Not valid on deposit bookings or instalments, and the full amount must be used at time of purchase.
7.19 Best price guarantee is applicable to the total price displayed on the Secret Escapes website. The promotional code is redeemable from the total amount, not the reduced price.
7.20 Should you cancel your booking with the promotional code applied, then where you are entitled to a refund, it shall be for the actual amount paid and not include the discounted amount.
7.21 No cash alternative is available.
7.22 Promotional codes are not valid in conjunction with any other offer or code.
7.23 Promotional codes cannot be accumulated over time.
7.24 Promotional codes cannot be used to purchase or top up a gift card.
7.25 In the event that a person is discovered to have multiple accounts and has activated multiple single use codes or, in the sole opinion of Secret Escapes, has breached any of the terms and conditions, then Secret Escapes reserves the right to cancel/void any and all promotional codes in respect of that customer.
7.26 All offers subject to availability.
7.27 Secret Escapes reserves the right to change and/or cancel the promotional code at any time.
8. EXPERIENCES & EXCURSIONS
8.1 Not used
9. RESOLVING DISPUTES
8.1 If you are unhappy with any aspect of the Travel Offer that you have booked through the Services and wish to complain, then please raise this with the relevant Travel Provider directly at the time so that they can try to address any issues raised by you during the course of your holiday. It is important you advise us as well as the Travel Provider so we can both help to put things right without delay. We believe it is better for everyone to resolve problems that arise during your holiday promptly so that you can enjoy your holiday. Please see our FAQs for further details on how to complain directly to a Travel Provider.
9.2 However, if you have a dispute with Secret Escapes, in the first instance please contact us at the details given in paragraph 21 below and attempt to resolve the dispute with us informally.
9.3 In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.
9.4 You may also wish to refer to the EU online dispute resolution platform (ODR) by clicking here. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
9.5 Please note that a failure to advise us/Travel Providers of problems whilst on holiday, as described above, deprives both us and the Travel Providers of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract including reducing any compensation due, potentially to zero.
10. INSURANCE
10.1 It is important that you have sufficient insurance in place to cover you (and your group) whilst you are away and it is a condition of your booking that you have such suitable insurance cover in place. Please ensure that you have a valid travel insurance policy in place from the time of booking, to cover you for the countries and activities you may be undertaking on your holiday.
11. TRAVEL INFORMATION AND FLIGHTS
11.1 Please note that we can provide general information about the passport and visa requirements for your trip, but your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates. Any information supplied by us on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.
11.2 The passport, visa and health requirements at the time of booking can be viewed on the Department of Foreign Affairs and Trade website (https://www.dfa.ie/travel/travel-advice/). It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. Neither we, nor the Travel Providers, accept any responsibility if you cannot travel because you have not complied with any passport, visa, health or immigration requirements. Please be sure to check the validity of your passport and allow up to 10 weeks for passport renewals.
11.3 If you or any member of your party is not an Irish Citizen or holds a non-Irish Passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) you are travelling to or through.
11.4 (Where applicable) Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure.
12. YOUR BEHAVIOUR
12.1 It is important that you behave responsibly and with consideration for others during your holiday. Accordingly, to the extent that one of our Travel Providers believes that your actions could or have caused disruption or annoyance, or a risk of safety, or damage to property, to us, our Travel Providers or other customers, or if it is believed that you are not fit to travel, then the Travel Providers may cancel your Travel Offer without further liability to you. In these circumstances, the cancellation provisions of paragraph 27 below shall not apply.
12.2 In the event that your behaviour causes loss or damage to any person or property for which we are liable, you agree to compensate us for such loss and damage, together with any legal costs which we may incur in pursuing this claim against you.
13. EVENTS OUTSIDE OUR CONTROL
13.1 In these Terms and Conditions, where we refer to "Unavoidable and Extraordinary Circumstances", it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken.
13.2 This may cover for example warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination, as well as industrial disputes (whether or not involving our employees), or acts of local or central Government or of any other competent authorities.
13.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a booking that is caused by any Unavoidable and Extraordinary Circumstances.
14. EACH OF THESE TERMS OPERATES INDEPENDENTLY
14.1 Each of the paragraphs of these Terms and Conditions operates separately. If any court or any other relevant authority decides that any of these paragraphs (or any part therein) are unlawful or unenforceable, the remaining paragraphs (and parts therein) will remain in full force and effect.
15. ENTIRE AGREEMENT
15.1 These Terms and Conditions, your booking confirmation and the relevant Travel Provider(s)' terms and conditions set out the written terms of our contract with you for the provision of the Services. You are not relying upon any other statement, promise or assurance in relation to your booking.
16. UPDATING THESE TERMS AND CONDITIONS
16.1 We may modify or update these Terms and Conditions from time to time at our sole discretion and for reasons including (without limitation):
(a) changes in how our business operates;
(b) changes in the legal or regulatory requirements that we must comply with; or
(c) changes in how we accept payment from you.
16.2 We will notify you of any material changes to these Terms and Conditions either using the usual method of communication we use to contact you or using a notice on our website or app. For the avoidance of doubt, this does not apply to confirmed bookings.
17. RIGHTS OF THIRD PARTIES
17.1 Any contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
18. TRANSFER OF OUR RIGHTS
18.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the contract.
19. NO WAIVER
19.1 If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you immediately, we can still require you to make the payment at a later date.
20. LAW AND JURISDICTION
20.1 These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the laws of Ireland.
20.2 You and we both agree that the courts of Ireland will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
20.3 If you are a resident of an EU country other than Ireland, you may also bring proceedings in your country of residence under the laws of that country.
21. CONTACT US AND CONTACTING YOU
21.1 If you have any queries about these terms, please contact us through our online form, send us an email at customersupport@pigsback.com or contact us on the phone: 0035 312 709 853 (8am - 8pm GMT, seven days a week). We’ll be here to help.
21.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your booking.
SECTION B – APPLICABLE TO ALL AGENCY BOOKINGS
(INCLUDING THIRD PARTY PACKAGE HOLIDAYS AND HOTEL VOUCHERS)
22. SECRET ESCAPES ROLE AS AGENT FOR TRAVEL PROVIDERS
22.1 We act as an agent for the Travel Providers whose Travel Offers are featured on the Services, with authority to conclude contracts on their behalf for the sale to you of such Travel Offers.
22.2 For the avoidance of doubt, 'Travel Offers' includes the provision of package holidays, organised or combined by third party Travel Providers ("Third Party Package Holidays"). For such bookings, Secret Escapes does not directly enter into a contract with you to provide any Third Party Package Holiday or Travel Offer you purchase.
22.3 Your contract for the Travel Offer is with the Travel Provider. As such, these Terms and Conditions govern your use of our Services but the provision of the Travel Offers you purchase will be subject to the terms and conditions displayed on the Travel Offer page, any additional booking conditions made available to you just before you pay for a Travel Offer through the Services and the terms and conditions of the Travel Provider (the "Offer T&Cs").
22.4 By using the Services to purchase a Travel Offer from a Travel Provider, you agree to the Offer T&Cs and you agree that you are entering into a contract directly with the Travel Provider in relation to the Travel Offer purchased.
22.5 Secret Escapes does not itself own or provide any of the services, facilities or travel arrangements which it sells through the Services. These are all provided by the Travel Providers. If, after purchasing a Travel Offer, you have any queries or concerns about the Travel Offer, please contact the Travel Provider directly.
22.6 As your contract for the Travel Offer will be between you and the Travel Provider, we will not be in any way responsible for the delivery of the Travel Offer. As such, we do not accept any responsibility or liability for any loss you suffer as a result of availing yourself of the Travel Offer.
23. BOOKING TRAVEL OFFERS
23.1 You can book Travel Offers from Travel Providers by following the process outlined in the Services. All bookings are subject to acceptance by the Travel Providers. A contract will only come into existence between you and the Travel Provider(s) when you have paid the price payable (whether on booking or directly to the Travel Provider after booking) and you have received a booking confirmation on behalf of the Travel Providers. You acknowledge that by booking with a Travel Provider you will be under an obligation to pay for the Travel Offer booked by you. Save where you have made a “zero deposit” package booking, we will charge your chosen payment method after we accept your booking. The Travel Provider will send you a further email when your booking has been processed confirming the details of the Travel Offer booked, including all relevant confirmation documentation as may be required if you have booked a Third Party Package Holiday with a Travel Provider.
23.2 If we are unable to accept your booking because, for example, there are no more vacancies remaining on your chosen dates, or because of an error in the price (see paragraph 24 below) we will inform you of this by email and we will not process your booking. If you have already paid for the Travel Offer (or any part of it) we will arrange for monies paid to be refunded to you in full as soon as possible.
23.3 The booking process on the Services allows you to check and amend any errors before submitting your booking for a Travel Offer. Please take the time to read and check your booking at each stage of the booking process.
23.4 Please make sure that you (and any travel companions) are eligible for any Travel Offer and are able to travel on the dates for which you have booked the Travel Offer before making a booking.
23.5 If you (or any travel companions) have any special requests you must let us know during the booking process. Secret Escapes will attempt to pass on all reasonable requests to the Travel Providers, but we cannot guarantee that such requests will be met by the Travel Providers. Secret Escapes does not accept bookings that are conditional on the fulfilment of a special request.
23.6 If you have a medical condition which may affect your booking, please let us know before making a booking so we can find out if the Travel Offer is suitable before you make a booking.
23.7 You must keep the contact details we hold for you up-to-date so that either we or the Travel Provider can contact you if necessary about your Travel Offer.
23.8 Once we have notified you, acting as agent for the Travel Provider, that your booking request has been accepted by the Travel Provider, and you have paid for your Travel Offer, Secret Escapes will send you an email booking confirmation setting out the details of the Travel Offer and the Travel Provider(s) supplying the Travel Offer. This email confirms receipt of your booking and payment and contains all details of your Travel Offer. In the case of Third Party Package Holiday Travel Offers the Travel Provider will send you a separate email or postal correspondence including your travel voucher and any other necessary information regarding your Third Party Package Holiday. In such cases, our booking confirmation confirms receipt of your payment for the Travel Offer and details of the dates your Travel Offer has been booked for and will let you know that the Travel Provider will contact you. The Travel Provider will then issue you with confirmation documentation providing details about the Third Party Package Holiday Travel Offer you have booked within three days of the booking being made and you having received your booking receipt email.
23.9 When you receive documentation for your Travel Offer, please ensure you check that all personal details are correct and in the event that the Travel Offer involves travelling abroad, that they match the names and ages on the passport(s). If this is not the case, please contact the Travel Provider as soon as possible.
23.10 In the event that tickets and/or travel documents do not arrive by post or email, Secret Escapes will not be responsible. Please contact the Travel Provider identified in the booking receipt email directly should you not receive these documents.
24. PRICE OF TRAVEL OFFERS
24.1 The price of any Travel Offer will be as quoted on the Services, except in cases of obvious error. The price of a Travel Offer includes VAT, together with any other relevant taxes such as Air Passenger Duty (where it applies).
24.2 The advertised price of any Travel Offer may change from time to time and we will inform you of the actual price at the time of booking.
24.3 Due to the large number of Travel Offers on the Services, it is always possible that some of the Travel Offers listed on the Services may be incorrectly priced, despite our reasonable efforts to make sure that they are accurately priced. We will normally verify prices with Travel Providers as part of our booking-handling procedure so that, where a Travel Offer’s correct price is less than the stated price, we will charge the lower amount when accepting the booking from you, as agent for the Travel Provider. If the Travel Offer’s correct price is higher than the price stated on the Services, we will normally, and at our discretion, either contact you for instructions before processing your booking, or reject your booking on behalf of the Travel Provider and notify you of the rejection.
24.4 Please note that the Travel Provider is under no obligation to agree to supply the Travel Offer to you at the incorrect (lower) price, even after we have sent you a booking confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
25. BOOKING FEE
25.1 We may charge a booking fee for providing you with the Services we provide for you to purchase the Travel Offer from the Travel Provider. If a booking fee is charged, it will be included in the prices you see when using the Services, and be shown in the price breakdown in your booking confirmation.
25.2 You agree that by making a booking with a Travel Provider through our Services you are under an obligation to pay us the booking fee.
26. PAYMENT
26.1 Save for “zero deposit” package bookings, Secret Escapes GmbH acts on our behalf and as a service provider to us, and we in turn act as an agent for the Travel Provider in accepting payments from you on behalf of the Travel Provider using the payment methods listed on the Services. You must pay for the Travel Offer by the date(s) set out in your booking confirmation. If any sum is not paid in full by the due date, we may cancel your booking on behalf of the Travel Provider immediately and the Travel Provider may charge you a cancellation fee. If you have already made a payment to a Travel Provider as set out above, we may on behalf of such Travel Providers deduct the cancellation fee from the payment already made to us before returning the balance to you or, where that payment is not sufficient to meet your liability to the Travel Provider, you agree to pay the Travel Provider the additional sum.
26.2 Where you have booked a “zero deposit” package holiday, we will not take payment at the time of booking and the balance should be paid directly to the Travel Provider. After booking you will receive an email directly from the Travel Provider providing you with instructions on how and when to pay the balance directly to them. As with other Third Party Package Bookings, your booking is subject to the Travel Provider’s terms and conditions which are made available at the time of booking.
26.3 By making a booking through the Services, you are confirming that the payment details provided on the booking are valid and correct. If any payment method is rejected, we may contact you requesting an alternative payment method or we may cancel your booking.
26.4 If you have any query about an amount that has been charged by us to your credit or debit card, please contact us straight away. In the event that we find a payment has been taken in error we will refund the amount immediately to your credit or debit card.
26.5 Secret Escapes acts solely as an agent between the customer and the Travel Providers, and therefore cannot issue an invoice for a sale made by the Travel Providers. Secret Escapes does provide a booking confirmation which can be used as a receipt as it shows the amount paid at the time of booking. Secret Escapes are only able to provide a VAT invoice for your booking fee.
27. ALTERATIONS OR CANCELLATION BY YOU
27.1 Unless you have made a booking enabling you to cancel or change dates prior to travel (as specified in an offer), Travel Offers cannot be changed by you nor can they be cancelled with a refund. Please refer to your booking confirmation which will set out details of the terms on which you can change or cancel your booking and claim any refund, if applicable.
27.2 Where you have not made a booking enabling you to cancel or change dates prior to travel (as specified in an offer), if a Member wishes to cancel or make a change to their purchased Travel Offer, then Secret Escapes may, at its sole discretion, use reasonable endeavours to assist a Member in the Member's attempts to liaise with the Travel Provider to arrange cancellation or make the required change. Secret Escapes gives no guarantee that any such attempts will be successful. The Travel Provider may charge a cancellation or amendment fee (as shown in their terms and conditions), which may be as much as 100% of the cost of the travel arrangements.
26.3 By making a booking through the Services, you are confirming that the payment details provided on the booking are valid and correct. If any payment method is rejected, we may contact you requesting an alternative payment method or we may cancel your booking.
26.4 If you have any query about an amount that has been charged by us to your credit or debit card, please contact us straight away. In the event that we find a payment has been taken in error we will refund the amount immediately to your credit or debit card.
26.5 Secret Escapes acts solely as an agent between the customer and the Travel Providers, and therefore cannot issue an invoice for a sale made by the Travel Providers. Secret Escapes does provide a booking confirmation which can be used as a receipt as it shows the amount paid at the time of booking. Secret Escapes are only able to provide a VAT invoice for your booking fee.
27. ALTERATIONS OR CANCELLATION BY YOU
27.1 Unless you have made a booking enabling you to cancel or change dates prior to travel (as specified in an offer), Travel Offers cannot be changed by you nor can they be cancelled with a refund. Please refer to your booking confirmation which will set out details of the terms on which you can change or cancel your booking and claim any refund, if applicable.
27.2 Where you have not made a booking enabling you to cancel or change dates prior to travel (as specified in an offer), if a Member wishes to cancel or make a change to their purchased Travel Offer, then Secret Escapes may, at its sole discretion, use reasonable endeavours to assist a Member in the Member's attempts to liaise with the Travel Provider to arrange cancellation or make the required change. Secret Escapes gives no guarantee that any such attempts will be successful. The Travel Provider may charge a cancellation or amendment fee (as shown in their terms and conditions), which may be as much as 100% of the cost of the travel arrangements.
27.3 Any request for a change to a confirmed booking must be made by the Lead Name on the booking and we may require this to be confirmed to us by email.
28. CANCELLATIONS AND AMENDMENTS BY TRAVEL PROVIDERS
28.1 If a Travel Provider informs us of a change to your purchased Travel Offer, we will inform you. Most changes are minor changes, however, occasionally we have to notify Members of a significant change that a Travel Provider has made to a purchased Travel Offer. A significant change is a change made before the start of the Travel Offer which, taking account of the information given to us at the time of booking the Travel Offer and which the Travel Provider can reasonably be expected to know, the Travel Provider can reasonably expect to have a major effect on your purchased Travel Offer.
28.2 In the unlikely event of a Travel Provider cancelling or making a significant change to your purchased Travel Offer we will tell you as soon as possible. If there is time to do so before the start of your purchased Travel Offer, we will use reasonable efforts to seek (but cannot guarantee) to secure from the Travel Provider an offer to you of one of the following options (depending on the nature of the purchased Travel Offer):
(a) accepting the changed arrangements; or
(b) for Travel Offers other than Third Party Package Holidays: a choice of accepting an alternative reservation or cancelling your reservation together with a full refund of all monies you have paid. In the event of no alternative being available from the Travel Provider, they may instruct us to cancel the Travel Offer and give a full refund; or
(c) for Third Party Package Holiday Travel Offers only:
(i) choosing a replacement Third Party Package Holiday of a lower, similar or higher standard to that originally booked if available. In the event you accept an alternative Third Party Package Holiday of a lower standard you will be entitled to recover the price difference between the price you paid and the price of the lower standard Third Party Package Holiday. If you accept a Third Party Package Holiday of a similar standard, there will be no extra charge. If you accept a Third Party Package Holiday of a higher standard, you must pay the price difference between your purchased Third Party Package Holiday and the higher priced Third Party Package Holiday; or
(ii) cancelling the purchased Third Party Package Holiday together with a full refund of all monies you have paid.
(Note that the efforts we may take to secure the various options from the Travel Providers of Third Party Package Holidays described above does not impact upon the legal rights which you may have directly against these Travel Providers under the Package Travel and Linked Travel Arrangements Regulations 2018.)
28.3 Travel Providers may not give Members any of the above options in the event that a change to the purchased Travel Offer is a minor change. Please note that a change of flight time of less than 12 hours, a change of airline or aircraft (if identified at the time of booking) or a change of a destination airport or a change of accommodation to another of the same or higher standard usually qualify as minor changes
28.4 Where a Travel Provider cancels or makes changes to the purchased Travel Offer, Secret Escapes will not be responsible for any costs incurred by you.
28.5 In the rare cases that a Travel Provider cancels your booking after it has been accepted, you will be notified by the Travel Provider or Secret Escapes acting on the Travel Provider’s behalf. As Secret Escapes is an agent acting on behalf of Travel Providers, and your contract for the Travel Offer is with the Travel Provider, we will use reasonable endeavours to assist you in getting a refund or changing your dates. However, Secret Escapes will not be responsible for any costs associated with a cancellation by the Travel Provider.
29. YOUR FINANCIAL PROTECTION FOR AGENCY/TRAVEL OFFER SALES
29.1 All the Third Party Package Holidays we sell are protected by the third party package organiser (the Travel Provider). If you buy a single travel service then this does not apply.
30. OUR LIABILITY TO YOU FOR AGENCY SALES
30.1 If Secret Escapes fails to comply with these Terms and Conditions, we will be responsible for the loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
30.2 The maximum loss or damage we will be responsible for under paragraph 30.1 is limited to the booking fee you paid us when using the Services to purchase a Travel Offer to which the loss or damage you suffer relates.
30.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other limitation that is excluded by law from time to time.
30.3 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or the Competition and Consumer Protection Commission (CCPC).
These Terms and Conditions were last updated on 16 April 2024.
For bookings made prior to 30 April 2024, please refer to our previous T&Cs below.
Summary
On this page you will find the full, legally binding and up to date terms and conditions written by our legal eagles and covering every eventuality and we obviously encourage you to read these and our Privacy Policy in detail before you purchase or register. But here's a summary to get you started...
1. Please don't do anything bad or we'll close your account.
2. When you buy an Exclusive Offer Voucher you can change your mind anytime within 14 days of buying the voucher and request a cancellation so long as you haven't used it, no questions asked.
3. If you have any questions about these terms and conditions then simply email us at helpdesk at pigsback dot com and we'll help you
4. Always read terms and conditions.
Pigsback.com General Terms & Conditions
This website ("Pigsback.com website") is provided by Empathy Marketing Limited with registered offices at Empathy Marketing Ltd, The Masonry, Suite 201/202,151-156 Thomas St., Dublin 8, D08 PY5E (hereinafter referred to as "Pigsback.com").
Participation in the Pigsback.com Programme is governed by terms and conditions which are outlined in the terms and conditions area of the Pigsback.com website. These terms and conditions are important and protect you and us. Please take the time to read the terms and conditions carefully. If you have any questions about the terms and conditions please email Pigsback.com at helpdesk at pigsback dot com.
Acknowledgement and acceptance
This Agreement ("the Agreement") outlines the terms and conditions governing your participation in the Pigsback.com Programme and it is your responsibility to read and understand them. Through enrolling and/or using the Pigsback.com Programme you become a member of the Pigsback.com Programme ("Member") and you agree to be bound by these terms and conditions. Participation in the Pigsback.com Programme is offered at the sole discretion of Empathy Marketing Limited who own and operate Pigsback.com (hereinafter referred to as "Pigsback.com").
Pigsback.com reserves the right at any time and from time to time, to modify or amend this Agreement and/or any part thereof. Members understand and acknowledge that the most recent version of this Agreement will be located on the Pigsback.com website here. Members non-termination or continued use of the Pigsback.com Programme constitutes an affirmative acknowledgement by the Member of any modification to this Agreement and consent to be bound by its terms. A Member may terminate his/her membership at any time if he/she does not agree with the terms of this Agreement.
Terms of participation
The Pigsback.com Programme is for the use of residents of Ireland and the United Kingdom. Residents of other countries may be able to register on the Pigsback.com Programme, but may not be able to participate fully as a non Ireland or non UK resident.
Each Pigsback.com account must only be accessed by the Account Holder, and may not be accessed by any other user, without the express permission and authorisation of Pigsback.com.
No more than 1 Pigsback.com account can be held by any one individual. Pigsback.com can request proof of identity in the event of a dispute.
No more than 1 Pigsback.com account can be held by any one individual. Pigsback.com can request proof of identity in the event of a dispute.
In the event of access by another user, Pigsback.com reserves the right to suspend both accounts until both users are in contact with Pigsback.com and identity has been established. The user shall retain access to Pigsback.com but will not have any access or permission to spend Points or credits, until the Account Holder has personally been in touch with Pigsback.com Customer Services and Pigsback.com has been completely satisfied that all terms and conditions are complied with.
In the event of regular access by a user other than the account holder, Pigsback.com reserve the right to reclaim all Points earned by access of the unauthorised user and freeze the account, for which the member will have no recourse against Pigsback.com.
Members may earn Points for enrolling in the Pigsback.com Programme; taking advantage of Points earning opportunities on the Pigsback.com website and other third-party websites; reading or responding to offers from participating advertisers and partners; and complying with the terms of other offers or programmes from Pigsback.com or other companies.
Unless otherwise specifically notified, Points can only be earned by following all and any instructions regarding earning Points. A member's failure to correctly follow any required instructions or procedures may result in no Points being earned, for which the member will have no recourse against Pigsback.com.
Points earned are recorded against your account, however any Points earned are never available for redemption until the member has sufficient Points and the participating companies have sent Pigsback.com confirmation that the member has accrued sufficient Points.
Pigsback.com is not responsible for changes to, or discontinuance of any Points earning opportunity through third party companies, nor are we responsible for the inaccurate communication of Points earned through a linked site, by that participating company.
Pigsback.com reserves the right to change the range of products, services and offers available for the redemption of Points, as well as the number of Points required to make any such redemption from time to time and any such change will be communicated via the Pigsback.com website.
Points may not be transferred to other accounts nor pooled together in any manner and the sale or barter of Points is strictly prohibited. Points have no monetary value, and cannot be used for any purpose other than redeeming designated rewards or discounts. At no time will rewards be available to be refunded for their cash value.
Unless specifically notified otherwise, all rewards supplied to us in return for Points are provided solely by the named third party, and Pigsback.com makes no warranty or representations in respect to any reward. Members must exchange defective products or goods by following the supplier-designated procedures.
Pigsback.com may from time to time adjust a member's account upwards or downwards in respect to accounting errors, non-payment from third parties, refunds issued or suspected fraud, for which we have full authority.
Pigsback.com reserves the right to suspend any account that has been dormant for a period of 3 months or more. Pigsback.com will attempt to contact the member, via their nominated email address, if their account is at risk of suspension through inactivity. In the absence of a satisfactory response, the account will be suspended, and any accrued Points or credits forfeited.
Points will not expire on an active account. An inactive account is deemed to be one which has not visited the website for a period of 3 continuous months.
Links to third party sites
Links included within the Pigsback.com website may let you leave the Pigsback.com website and enter into other website(s) ("linked site(s)"). The linked sites are not under the control of Pigsback.com and Pigsback.com is not responsible for the contents of any linked sites or any link contained in a linked site or any changes or updates to such sites. Pigsback.com is not responsible for webcasting or any other form of transmission received from any linked site. Pigsback.com is only providing these links to you as a convenience and the inclusion of any link does not imply endorsement by Pigsback.com of the site or any association with their operators.
Dealings with Sellers and Advertisers
Your correspondence or dealings with, or participation in promotions and/or with advertisers found on or through the Pigsback.com website are solely between you and such advertiser. You agree that Pigsback.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such advertisers on the Pigsback.com website.
Intellectual Property
You acknowledge that all trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to the Pigsback.com website (hereinafter referred to as "Intellectual Property") are solely owned by Pigsback.com. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property. All other trademarks, product names and company logos cited herein are the property of their respective owners.
All website design, text, graphics, the selection and arrangement thereof and all software are copyright of Pigsback.com (Empathy Marketing Limited). These do not include logos and graphics which are the property of Pigsback.com partners. ALL RIGHTS RESERVED.
Submissions to Pigsback.com
Where you are invited to submit any contribution to Pigsback.com (this includes any emails, text, member submissions, forum postings, photographs, graphics, video or audio) you agree, that by submitting your contribution you are granting
Pigsback.com a perpetual, royalty-free, non-exclusive, sub-licensable right and the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in the Pigsback.com privacy policy.
Also by submitting your contribution to Pigsback.com you declare that your submission is your own original work and that you have the right to make it available to Pigsback.com for all the purposes specified above.
You declare that the submission is not defamatory and does not infringe any law and indemnify Pigsback.com against all legal fees, damages and other expenses that may be incurred by Pigsback.com as a result of your breach of the above declaration and waive any moral rights in your contribution for the purposes of its submission to and publication on Pigsback.com and the purposes specified above.
If you do not want to grant to Pigsback.com the rights set out above, please do not submit your contribution to Pigsback.com.
Indemnity and waiver
Indemnity and waiver
You hereby agree to indemnify and keep indemnified Pigsback.com its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from your use of and from material posted on the Pigsback.com website or resulting from any breach of this Agreement whether such breach is carried out by you or by any other person through your account, arises out of your data, your use of the Pigsback.com website, your connection to the Pigsback.com website or your violation of any third party rights. Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Pigsback.com website is done at your own discretion and risk and that you waive any right to bring any claim or action against Pigsback.com or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the Pigsback.com website or the Pigsback.com Programme.
Disclaimer
The materials contained in the Pigsback.com website may contain inaccuracies and typographical errors. Pigsback.com does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Pigsback.com website. You acknowledge that any reliance on any such opinion, statement, memorandum or information shall be at your own risk. Pigsback.com reserves the right in its sole discretion to correct any errors or omissions in any portion of the Pigsback.com website.
The Pigsback.com website, the information and material on the Pigsback.com website are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to warranties of merchantability, non-infringement or fitness for any particular purpose.
Pigsback.com does not make any warranty, guarantee nor any representation regarding the quality of, or assurance of any advertisement or any merchandise, product or service offered or provided by third party companies participating in the Pigsback.com Programme however we do make every reasonable effort to ensure that any and all products and services are fit for purpose and are advertised accurately and legally.
Pigsback.com shall not be liable for any failure to perform any of its obligations under this Agreement which is caused by matters beyond its reasonable control including but not limited to Acts of God, breakdown of internet services or other computer services, war, strikes, lock-outs and industrial disputes.
Assignment
Pigsback.com reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement. If Pigsback.com exercises this right it shall name the assignee or subcontractor in these terms and conditions of the Pigsback.com website and you will be entitled to terminate this Agreement immediately. You acknowledge that you may not without the prior written consent of Pigsback.com assign or dispose of your obligations under this Agreement whether in part or in whole.
Term and Termination
You agree to remain bound by this Agreement (or such amended Agreement) for as long as you remain a Member or unless Pigsback.com terminates, suspends or otherwise limits access. In the event that a Member expressly requests to leave the Pigsback.com Programme, no further communication will be entered into between Pigsback.com and the Member. Any unused Points will be immediately forfeited once the Members account has been cancelled.
Pigsback.com reserves the right to terminate the Pigsback.com Programme at any time. In the event of this, you will have thirty days from the notice date of the Pigsback.com Programme's termination to redeem any Points in accordance with this Agreement. Unless specified otherwise, no additional Points will be able to be accrued during this termination period.
Pigsback.com will make every effort to communicate to all Members the termination period, however they will not be held responsible for failing to notify any Member regardless of the reasons. The Member acknowledges that even if his or her account is terminated, he or she may receive emails from Pigsback.com for a period of thirty days thereafter.
Any fraud or abuse of the Pigsback.com website, Pigsback.com Programme etc. will result in the immediate termination of that Member's account and total forfeiture of any Points accrued.
Any fraud or abuse of the Pigsback.com website, Pigsback.com Programme etc. or any reason deemed appropriate by Pigsback.com at its sole discretion will result in the immediate termination of that Member's account and total forfeiture of any Points accrued.
Modifications to Pigsback.com website
Pigsback.com reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Pigsback.com website and/or the Pigsback.com Programme (or a part thereof) with or without notice. You agree that Pigsback.com shall not be liable to you or any third party for any modification, suspension or discontinuance of the Pigsback.com website or Pigsback.com Programme. Pigsback.com shall not be liable to any Member or third party should Pigsback.com exercise its right to modify or discontinue the Pigsback.com Programme.
Notices
All notices given by Pigsback.com to you will be given by e-mail to your registered email address and will be from helpdesk at pigsback dot com or by general posting on the Pigsback.com website or by postal mail from:
Empathy Marketing Limited,
The Masonry, Suite 201/202,
151-156 Thomas St.,
Dublin 8,
D08 PY5E
Ireland.
[old address]
Entire Agreement
This Agreement constitutes the entire Agreement between you and Pigsback.com and supersedes any prior agreements, arrangements, statements and understandings between Pigsback.com and you.
Waiver
A waiver by Pigsback.com of any breach by any Member of any of the terms, provisions or conditions of this Agreement or the acquiescence of Pigsback.com to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.
No Partnership/Joint Venture
Nothing in this Agreement shall be construed as forming a partnership or joint venture with Members and no third party company will have the right or ability to create any obligation on Pigsback.com's behalf.
Severability
If at any time any one or more provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall continue in full force and effect.
Disputes
All questions or disputes regarding the Pigsback.com Programme, including without limitation, questions regarding participation and eligibility must be submitted in writing or by email to helpdesk at pigsback dot com within 90 days of the query where applicable, to Empathy Marketing Ltd, The Masonry, Suite 201/202, 151-156 Thomas St., Dublin 8, D08 PY5E. In the event of an error by Pigsback.com, your sole recourse will be the crediting of any disputed Points.
Force Majeure
We shall not be liable to you as a result of any delay or failure to perform our obligations under these Terms and Conditions if and to the extent such delay or failure is caused by an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
Exclusive Offers General Terms and Conditions
The following terms and conditions of sale (“Terms and Conditions”) apply to the Exclusive Offers and Voucher service provided on this Website by Empathy Marketing Limited trading as Pigsback.com acting as agent of the Seller.
1. General Interpretations
"Applicable Laws" means any law, statute, regulation, order, judgement, decision, recommendation, rule, policy or guideline passed or issued by government or any competent court or authority in relation to the subject matter of these Terms and Conditions.
"Customer" means you, being any person who Purchases a Voucher or the person in possession of the Voucher from time to time and a reference to "You" or "you" or "Your" or "your" is a reference to the Customer.
“EML” means Empathy Marketing Limited trading as Pigsback.com, a company registered in Ireland with company registration number 320005 whose registered office is at The Masonry, Suite 201/202, 151-156 Thomas St., Dublin 8, D08 PY5E and whose VAT registration number is IE 6340005K and a reference to “me” or “us” is a reference to EML.
"Exclusive Offer" means an offer to purchase Vouchers redeemable against products of the Seller to users of the Website at a discount price in accordance with any terms as may be contained on the face of the Voucher and/or on the Website at the time of promotion of the Exclusive Offer.
"Seller" is a third party unrelated to Pigsback.com that sells, supplies and/or provides the Exclusive Offer and authorises Pigsback.com as its agent to issue, sell and transfer the Voucher in the name and on behalf of the Seller. "Payment Details" means the electronic payment details validly entered by you on the Website upon Purchase of a Voucher.
"Purchase" means the purchase of a Voucher for a Voucher Product on the Website in accordance with these Terms & Conditions.
“Processing Fee” means a fee including VAT calculated on the full Voucher value, payable to EML as agent of the Seller, for the processing and management of the Voucher which is non-refundable.
"Redemption Period” means the period during which a Voucher may be redeemed with the Seller for an Exclusive Offer as stated on the Voucher and/or on the Website.
“Service” the offering provided by EML on its Website through which you can purchase Vouchers for the Voucher Products from EML as agent of the Seller.
"Voucher" means an instrument, in either physical or electronic form, issued by EML as agent of the Seller and which entitles the holder of such Voucher (the “Voucher Holder”) to receive the Voucher Products from the Seller during the period of time stated on the Voucher and/or on the Website.
"Voucher Products" means goods and/or services of the Seller which are described or referred to within the terms of the Voucher.
"Website" means the https://www.pigsback.com/ website and any other websites or Microsites, generated by the Company through which Customers are invited to purchase Vouchers;.
2. Scope of these Terms
Use of the Service and the Website and any Purchase are each subject to these Terms and Conditions and any additional specific terms detailed on each individual Exclusive Offer.
As a Consumer, nothing in these Terms and Condition affects your statutory rights.
Unless otherwise specified on the face of the Voucher and/or the Website at the time of the promotion of the Exclusive Offer, the Service and the Vouchers on this Website are directed solely at those who access this Website from the Republic of Ireland and United Kingdom. We make no representation that the Service and/or any Voucher Products referred to on this Website are appropriate for use, or available, in other locations outside the Republic of Ireland or the United Kingdom. Those who choose to access this Website from other countries are responsible for compliance with Applicable Laws if and to the extent local laws are applicable.
The Website, Service and any Purchase are for your non-commercial, personal use only and must not be used for business purposes.
These Terms and Conditions were last updated in September 2023. EML, as agent of the Seller, reserves the right to unilaterally amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. You will be bound only to the version of the Terms and Conditions you agreed to at the time you purchase a Voucher.
3. The Service
3. The Service
The service is provided in order to enable you to Purchase Vouchers advertised on the Website from EML as agent for the Seller. EML does not sell, supply and/or provide the Exclusive Offering. It only issues, sells and transfers the Voucher to you in the name of and on behalf of the Seller.
If you Purchase Vouchers on this Website which you redeem for Voucher Products, the Seller and not EML is:
(a) the seller of the Voucher Products;
(b) solely responsible for redeeming any Voucher you Purchase;
(c) solely responsible for supplying the Voucher Products to you in accordance with the description provided on the Voucher and for the Voucher Products themselves; and
(d) responsible for the completeness, fitness for purpose or legality of the Voucher Products. EML is not liable for the quality, safety, usability or any other aspect of the Voucher Products.
To use the Service and make a Purchase you must be 18 years of age or over.
4. The Vouchers
All Vouchers are promotional vouchers that are offered to you to purchase to enable you to receive, on the redemption of a Voucher, a Voucher Product at a discount price and are subject to any terms, restrictions and conditions associated with the respective Exclusive Offer. Please also read the specific terms and conditions associated with each Exclusive Offer on the Website before purchase as these include information on the time frame of the deal; the service or product to be provided; and any other details pertaining to the deal.
For verification purposes each Voucher shall bear a unique voucher code and a redemption code.
All Vouchers shall contain a Redemption Period on the face of the Voucher and/or on the Website at the time of the promotion of the Exclusive Offer, during which time the Customer can redeem the Voucher with the Seller for the Voucher Products at the discount price.
A Processing Fee may be payable by the Customer to EML as agent of the Seller on the purchase of a Voucher.
A Processing Fee may be payable by the Customer to EML as agent of the Seller on the purchase of a Voucher.
5. The Transaction
If you choose to purchase a Voucher advertised on the Website you will need to complete the necessary steps as per the instructions set out on the Website. On entering your Payment Details, you authorise us, acting in the name of and on behalf of the Seller, to charge you for the cost of the Exclusive Offer.
A contract for purchase of the Voucher shall only be made between you and EML acting as agent of the Seller when we email you, acting on behalf of the Seller, confirming the Purchase has completed successfully. It is your responsibility to ensure that you provide a valid email address when you purchase a Voucher and to ensure that you check your spam folders in the event that you have not received the confirmation email.
By making a Purchase, you acknowledge that the Purchase is made subject to these Terms and Conditions.
Subject to the terms of the respective Exclusive Offers we will:
(a) email confirmation, acting on behalf of the Seller, that the Purchase has been completed to you at the email address which you provided to us upon purchase of the Voucher; and
(b) make the Voucher available for download by you.
We shall retain the details of the Purchase provided by you but we will not retain any payment details such as your credit card or PayPal details in a manner accessible by staff of Pigsback.com.
EML is accepting your payment as agent of the Seller in respect of the Voucher for the Voucher Products. Payment to EML constitutes a payment to the Seller and you shall have no further liability to the Seller in respect of the Voucher Products.
6. Redemption of the Vouchers
Once the Voucher has been made available to you it shall be redeemable by you from the Seller for the specified Voucher Products during the Redemption Period.
The Seller has agreed it will honour its obligation to provide Voucher Products upon the presentation of the Voucher by you, other than in the event of fraud or where that redemption would breach Applicable Laws. In the event that a Seller cannot supply and/or provide the Voucher Product as described for unforeseen reasons, EML will notify you on behalf of the Seller as soon as possible by email.
The restrictions, if any, in relation to the combination of redemption of the Voucher with any other promotions, vouchers, third party certificates, coupons or other conditions shall be at the discretion of the Seller and shall be set out on the face of the Voucher and/or on the Website in accordance with the terms advertised in relation to the respective Exclusive Offer.
If you redeem the Voucher for goods and/or services other than the respective Voucher Product, you will not be entitled to a credit, cash refund or new Voucher for the difference between the value of the Voucher Product and the actual value of the goods and/or services supplied and/or provided by the Seller to you.
Vouchers are redeemable in their entirety only if, for whatever reason, you redeem the Voucher with a Seller for less than the original (un-discounted) value of the respective Voucher Product, you are not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the redeemed value.
Where your Voucher has reached or is past the Redemption Period, it shall be deemed to have expired. Expired Vouchers will not be honoured by the Seller and you will lose your right to receive the Voucher Products. It is therefore important that you present your Voucher to the Seller during the Redemption Period to enable you to receive the Voucher Product.
Neither EML or the Seller will be responsible for any loss you suffer as a result of your failure to redeem a Voucher during the Redemption Period.
7. Your Rights
7.1. Cooling Off Period
(a) Once we, on behalf of the Seller send you the Voucher or make the Voucher available for download by you, you are entitled to a cooling off period in which you may cancel your Purchase at any time within 14 days from the day on which you receive the Voucher (the "Cooling Off Period") provided you have not already redeemed the Voucher. In certain specific cases such as ticketed events you may not be entitled to avail of this cooling off period, however this will be specified on the Exclusive Offer page.
(b) If you wish to cancel your Purchase during the Cooling Off Period, you must send an email notifying us to helpdesk at pigsback dot com and we will process that refund on behalf of the Seller to your original payment method.
(c) You shall not be entitled to cancel your Purchase during the Cooling Off Period if the voucher has been redeemed or partially redeemed before the end of the Cooling Off Period and/or before you notify us of your intent to cancel your Purchase during the Cooling Offer Period.
7.2. Cancellation
(a) Your entitlement to a refund of your Voucher during the Cooling Off Period applies in accordance with the terms of clause 7.1 (a), (b) and (c) above.
(b) If you wish to request the cancellation of your Purchase, you must do so by sending us an email to helpdesk at pigsback dot com.
(c) We reserve the right, in our sole discretion as agent of the Seller, and acting on behalf of and under instruction from the Seller, to allow or refuse the cancellation of the Purchase once the Cooling Off Period has passed.
7.3. Complaints
In order to make a complaint please contact us at helpdesk at pigsback dot com
7.4. Redemption Refusal
(a) If, upon presentation of the Voucher with in the Redemption Period the Seller refuses to supply some or all of the Voucher Products in accordance with the terms of the Exclusive Offer, you may request a refund.
(b) In order to request a refund arising from the refusal by the Seller to redeem the Voucher in accordance with the terms of the offer please contact us at helpdesk at pigsback dot com outlining your experience with the Seller and providing the reasons for the refusal, if any reason was given.
(c) We shall discuss the refusal with the Seller and we reserve the right, in our sole discretion acting on behalf of and under instruction of the Seller, to approve or deny any such refund request in accordance with Applicable Laws.
7.5. Lost/Stolen Vouchers
Your Voucher is solely your responsibility. Neither we nor the Seller are responsible for lost or stolen Vouchers. You should treat the Voucher and the Voucher security number as if it were cash. No replacement Voucher can be issued in respect of lost or stolen Vouchers.
7.6 Redeemed Vouchers
If you redeem your Voucher, but the Seller has not properly provided you with the Voucher Products, or if you have a complaint regarding the provision of the Voucher Products, you must take action against the Seller directly. This is because the Seller, and not EML, is responsible for the supply and/or provision of the Voucher Products. EML only sells and supplies the Voucher acting in the name and on behalf of the Seller. However, if you and the Seller cannot agree on how to resolve the complaint, EML, acting in the name and on behalf of the Seller, may, upon your request, try to help resolve the issue.
8. Your Obligations
8.1. Pigsback.com acting on behalf of the Seller sells Vouchers via the Website that can be redeemed for Voucher Products from the Seller. You must provide a valid e-mail address, postal address and telephone number in order to purchase a Voucher.
8.2. You warrant that all information (including Payment Details) provided to us as agent of the Seller in order to Purchase a Voucher is true, complete and accurate.
8.3. You agree that you will abide by the terms of the Voucher and the terms and conditions of the Seller in respect of any Vouchers which you choose to Purchase.
8.4. You warrant that you are legally entitled to Purchase a Voucher and by doing so, you acknowledge that you have read, accepted and understood the terms attaching to the Voucher.
8.5. It is your responsibility to ensure that the Voucher Products which will be made available by the Seller on redemption of a Voucher meet your specific requirements before you reserve and Purchase a Voucher.
8.6. The following uses of the Website, the Services and Vouchers are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
(a) resell or reproduce the Voucher;
(b) furnish false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
(c) entering into fraudulent interactions or transactions with us or a Seller (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
(d) using the Service or Website (or any relevant functionality of either of them) in breach of these Terms and Conditions;
(e) engage in any unlawful activity in connection with the use of the Website and/or the Service or any Voucher; and
(f) engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and Service.
9. Our Obligations
9.1. We accept responsibility, acting on behalf of the Seller, for ensuring information provided to you via a Voucher will be accurate, true and not misleading as per the Applicable Laws.
9.2. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. However, we will use all reasonable endeavours to correct any errors or omissions on the Website as soon as practicable after being notified of them. We do not guarantee that the Service or the Website will be free of faults.
9.3. We reserve the right to change, modify, substitute, suspend or remove without notice any information or service on the Website or forming part of the Service from time to time.
9.4. We assume no responsibility for functionality which is dependent on the Seller or Customer's browser or other third party software to operate.
9.5. We do not warrant that the terms and conditions of the Voucher will be listed in their entirety on either the Voucher or the Website – Customers should always refer to both.
9.6. We accept that the description of Products or Services supplied via the Voucher information and other related terms will be materially accurate and not misleading.
10.Suspension and Termination
10.1. If you use (or anyone other than you, with your permission uses) the Website or a Voucher in contravention of these Terms and Conditions, we may suspend your use of Website (in whole or in part) and/or a Voucher. We may also refuse to process any future transactions on your account.
10.2 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of these Terms and Conditions.
10.3. We shall be entitled immediately or at any time (in whole or in part) to: i) suspend your use of the Website; ii) suspend the use of Website for persons we believe to be connected (in whatever manner) to you; and/or iii) terminate the agreement made pursuant to these Terms and Conditions immediately if you commit any fraud against us or any other person or otherwise commit any breach of these Terms and Conditions.
10.4. Notwithstanding anything else in this Clause, we may terminate the agreement made pursuant to these Terms and Conditions at any time.
Our right to terminate the agreement made pursuant to these Terms and Conditions shall not prejudice any other right or remedy or action which we deem to be appropriate.
11. Limitation of Liability
11.1 References to liability in this clause 10 includes every kind of liability arising under or in connection with the Terms and Conditions including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
11.2 Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including liability for:
11.2 Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including liability for:
(a) death and personal injury caused by EML’s negligence;
(b) fraud or fraudulent misrepresentation made by EML; or
(c) breaches of implied terms that cannot be limited under law.
11.3 Other than as set out in clause 10.2 above, EML is not liable for any other losses or damages you may suffer, including any indirect or consequential losses.
11.4 Other than the liability arising under section 10.2, which is unlimited, EML’s total liability to you in respect of any Voucher will in no circumstances exceed the purchase price of that Voucher.
12. Governing Law
The Terms and Conditions are governed by Irish law and any dispute or claim in relation thereto shall be subject to the exclusive jurisdiction of the Irish courts.
The Terms and Conditions are governed by Irish law and any dispute or claim in relation thereto shall be subject to the exclusive jurisdiction of the Irish courts.