This document (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services or information (Services) listed on our website www.icelolly.com (our site) to you. Please read these terms and conditions carefully before making use of any Services from our site. You should understand that by making use of the Services available on our site, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to make use of the Services offered on our site and should refrain from using it and leave our site immediately.
1. Information About Us
www.icelolly.com is a travel directory site operated by Icelolly Marketing Limited (we). We are registered in England and Wales under company number 05655962 and with our registered office at 1st Floor, Park Row House, Park Row, Leeds. LS1 5JF. Our main trading address is 1st Floor, Park Row House, Park Row, Leeds. LS1 5JF. Our VAT number is 873677669.
2. Your Status
2.1 By making use of the Services offered on our site, you warrant that:
2.1.1 You are legally capable of entering into binding contracts;
2.1.2 You are at least 18 years old;
2.1.3 You will be financially responsible for all of your use of and through this website as well as for use of your account by others including but without limitation minors (under 18 years old) living with you.
2.1.4 You agree to supervise all usage of minors of this website under your name or account;
2.1.5 You warrant that all information supplied by you or members of your household in using this website is true and accurate;
2.1.6 You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorised to act;
2.1.7 You acknowledge and understand that overuse or abuse of the travel services reservation facilities of the website may result in you being denied access to such facilities;
2.1.8 You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability and use of fares, products or services. Special rules and restrictions may apply to a fare, product or service selected by you. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase; and
2.1.9 You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this website including without limitation any fares or the costs of products or services provided by suppliers with whom you contract via this website.
3. Our Status
3.1 Please note that www.icelolly.com is a travel directory service provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers and for no other purposes. We do not operate as a travel agent. We operate as a travel directory on behalf of third party sellers. The resulting legal contract in respect of any bookings made through this website is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
3.2 We provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
3.3 Please have a look at the NEW SERVICES on our website for ‘flight only’ and ‘room only’ which as stated above, provide links to the websites of other companies specialising in providing these services. The resulting legal contract in respect of any bookings made through this website in respect of these new services is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
4. Travel Destinations Disclaimer
4.1 Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review any travel prohibitions, warnings, announcements and advisories issued by The Foreign and Commonwealth Office Travel Advice Unit prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found on the FCO's website currently located at http://www.fco.gov.uk/travel. Online medical advice for travellers can be found at the Department of Health's website currently located at http://www.doh.gov.uk. Otherwise, for medical advice regarding your journey, we recommend you consult your GP.
4.2 By offering for sale travel to particular international destinations, Icelolly Marketing Limited does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
5. Liability Disclaimer
5.1 The information, products, and services published on this website may include inaccuracies or typographical errors. In particular, Icelolly Marketing Limited, and its affiliates do not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of accommodation, air, cruise, car and other travel products displayed on this website (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), Much of which information is provided by the respective suppliers. Any accommodation rating displayed on this website is intended as only general guidelines, and Icelolly Marketing Limited and its affiliates do not guarantee the accuracy of the rating. Changes are periodically added to the information herein. Icelolly Marketing Limited its affiliates and/or their respective suppliers may make improvements and/or changes on this website at any time.
5.2 Icelolly Marketing Limited and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose and the inclusion or offering for sale of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Icelolly Marketing Limited or its affiliates. Icelolly Marketing Limited shall use reasonable care and skill in carrying out the Services contained in this website.
5.3 Icelolly Marketing Limited, its affiliates, and/or its respective suppliers so far as permitted by law hereby disclaim all warranties, terms and conditions with regard to this information, software, products, and services, including all implied warranties, and conditions, of suitable quality, fitness for a particular purpose, title, and non-infringement.
5.4 The carriers, hotels and other suppliers providing travel or other services, are independent contractors and not agents or employees of Icelolly Marketing Limited or its affiliates. Icelolly Marketing Limited and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
5.5 In no event shall Icelolly Marketing Limited, its affiliates and/or their suppliers be liable for any, indirect, incidental, punitive, special, or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, products, and services obtained through this website, or otherwise arising out of the use of this website, (including, but not limited to loss of use, data, profits, savings or opportunities), whether based on contract, tort, strict liability or otherwise, even if Icelolly Marketing Limited, its affiliates, and/or any of their suppliers have been advised of the possibility of damages.
5.6 Except in relation to liability for death or personal injury for which no limit applies the liability of Icelolly Marketing Limited, its affiliates and/or its respective suppliers arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, shall be limited to a maximum of the total value of the transaction under which the claim arises for any one event or series of connected events. This does not affect your statutory rights as a consumer.
5.7 IMPORTANT: THESE TERMS AND CONDITIONS AND FOREGOING LIABILITY DISCLAIMER, DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SHOULD YOU DECIDE TO PURCHASE ANY TRAVEL PACKAGES THROUGH ANY WEBSITE WE HAVE PROVIDED A LINK TO ON OUR SITE, SEPARATE TERMS AND CONDITIONS WILL ALSO APPLY.
6.1 You agree to defend and indemnify Icelolly Marketing Limited, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
6.1.1 your breach of these Website Terms, Conditions and Notices or the documents referenced herein;
6.1.2 your violation of any law or the rights of a third party; or
6.1.3 your use of this Website.
7. Written Communications
From time to time applicable laws may require that some of the information or communications we may send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Icelolly Marketing Limited at 1st Floor, Park Row House, Park Row, Leeds. LS1 5JF. We may give notice to you at either the e-mail or postal address you provide to us when registering, or in any of the ways specified in paragraph 7. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
9. Transfer Of Rights And Obligations
9.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
9.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
9.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
10. Events Outside Our Control
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any contract arising with you as a result of you using this website (Contract) that is caused by events outside our reasonable control (Force Majeure Event).
10.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
10.2.1 Strikes, lock-outs or other industrial action.
10.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
10.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
10.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
10.2.5 Impossibility of the use of public or private telecommunications networks.
10.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
10.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
11.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
11.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 8 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13. Entire Agreement
13.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
13.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
14. Our Right To Vary These Terms And Conditions
14.1 We have the right to revise and amend these terms and conditions from time to time.
14.2 You will be subject to the policies and terms and conditions in force at the time that you make use of the Services provided by us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (which if appropriate will be deemed to apply retrospectively).
15. Law And Jurisdiction
Use of any of the Services provided through our site will be governed by English law. Any dispute arising from, or related to, the use of any such Services or in respect of any Contract arising between you and us shall be subject to the exclusive jurisdiction of the courts of England and Wales.