SECURITYDIGS LTD – Booking Terms and Conditions
These Terms and Conditions, as may be amended from time to time, apply to all our services directly or indirectly made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website through whatever means (hereafter collectively referred to as the “website”) and/or by completing a booking, Members acknowledge and agree to have read, understood and agreed to the Terms and Conditions set out below (including our Booking Cancellation Policy (located at https://securitydigs.co.uk/cancellation-policy/) and Booking Extenuating Circumstances Policy (located at https://securitydigs.co.uk/extenuating-circumstances/)).
The content and infrastructure of our website, and the online booking service provided on these pages and through the website are owned, operated and provided by SECURITYDIGS LTD and are provided for Members’ personal, non-commercial use only, subject to the Terms and Conditions set out below.
“Securitydigs.co.uk,” “us,” “we” or “our” means SECURITYDIGS LTD a limited liability company incorporated under the laws of England and Wales with company number 11093712, and having its registered address at Commerce House, Commerce Park, Compbeltown Road, Wirral CH41 9HP.
“Member” means a member of the Securitydigs.co.uk service, as more particularly set out at clause 2.
“Platform” means the website on which the Service is made available owned, controlled, managed, maintained and/or hosted by SECURITYDIGS LTD.
“Service” means the online booking service (including the facilitation of payments) in relation to accommodation as from time to time made available by Suppliers on the Platform.
“Supplier” means a Member who provides accommodation as from time to time available for booking on the Platform.
- Scope of Our Service
Through the Platform, we provide an online platform through which Suppliers can advertise their accommodation, and through which Members visiting the Platform can make such bookings. By making a booking through the Platform, Members enter into a direct (legally binding) contractual relationship with the Supplier with which a Member makes a booking. From the point at which a Member makes their booking, we act solely as an intermediary between a Member and the respective Supplier, transmitting the details of that Member’s booking to the relevant Supplier(s) through the Platform and sending the Member a confirmation email for and on behalf of the Supplier.
When rendering our services, the information that we disclose is based on the information provided to us by the relevant Supplier. As such, Suppliers are given access to an Extranet on the Platform through which they are fully responsible for updating all rates, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Supplier remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including accommodation rates and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification of any Supplier or their facilities, accommodation and location.
Our Service is made available to Members for their personal and non-commercial use only. Therefore, Members are not allowed to resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, bookings, products or services available on our Platform for any commercial or competitive activity or purpose.
In order to be eligible to become a Member of our Service a person must hold a valid and active Security Industry Authority (S.I.A) Licence and have paid us the £49.99 annual membership fee to be given access to the Platform.
Should a Member’s SIA licence be revoked, suspended, cancelled, expire or for any other reason no longer be valid membership to our Service will automatically be terminated. This will only be reactivated once we have received confirmation from the SIA that their SIA licence is valid. Members who membership is terminated as a result of any of the above will be required to make a further £49.99 annual membership fee payment to us in order to access the Platform using their new valid licence.
In the event of a membership termination, any amounts held by us in relation to that Member’s future bookings through our Platform will be refunded to them within 10 days of the date of membership termination.
Each Member’s booking confirmation will display their own SIA licence number and the Supplier’s SIA licence number; we will keep a record on our system of each booking made and the corresponding member and Supplier SIA licence numbers for a period of three years following the relevant booking.
We reserve the right to refuse access to the Platform and/or our Service to any person in our sole discretion.
The prices on our Platform are determined solely by the relevant Supplier and based on a price per room for the specified period of stay, all prices are displayed including VAT/sales tax and all other taxes, unless stated differently on our Platform or the booking confirmation.
- Privacy and Cookies
- Service Charge
Our Service is provided free of charge for Members and we do not charge any additional booking fees to the rate advertised by the Supplier on the Platform.
Suppliers do not pay a commission to us at any point during the transaction and receive the full booking amount typically within 48 hours of us receiving check in confirmation through the Platform less a small transaction charge.
We facilitate through third party payment processors (typically PayPal) the payment of the relevant booking amount (i.e. the payment facilitation service) at the election of the Supplier (we never act nor operate as the merchant of record). Payment is safely processed from the Member’s credit/debit card or PayPal account to the bank account or PayPal of the Supplier through our chosen third-party payment processor. Any payment facilitated to the Supplier in this manner will, in each case, constitute a payment of the booking price by the Member of the accommodation in the final settlement of such due and payable price, and Members cannot reclaim such paid monies save for the contents of our Booking Cancellation Policy and Booking Extenuating Circumstances Policy.
A Member’s credit or debit card may be pre-authorised or charged (sometimes without any option for refund) upon making the booking. Members are advised to check the booking details thoroughly for any such conditions prior to making their booking. Members will not hold us liable or responsible for any (authorised, (allegedly) unauthorised or wrong) charges and not (re)claim any amount for any valid or authorised charge (including for a no-show and/or chargeable cancellation) of their credit/debit card or PayPal account.
In order for us to instruct the third party payment processor to release the booking amount to a Supplier; we must receive check-in confirmation from both Member and Supplier through the Platform within 24 hours of check-in by the Member at the Accommodation. Suppliers are advised that any delay in check-in confirmation being received by us will result in a delay of our instructions to the third party payment processors to release the booking amount.
Once we receive check-in confirmation through the Platform the release of the booking amount to the Supplier by the third party payment processor will typically take 48 hours to reach the Supplier’s bank/PayPal account, however we shall not be liable for any delay by the third party payment processor in releasing the payment and/or the payment being received by the Supplier beyond the 48 hour period.
In the event of fraud or unauthorised use of a Member’s credit/debit card by third parties, most banks and card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at £50 (or the equivalent in their local currency)). In the event that a Member’s credit/debit card company or bank charges the deductible from them because of unauthorised transactions resulting from a booking made on our Platform, we will pay them this deductible, up to an aggregate amount of £50 (or the equivalent in their local currency). In order to indemnify Members, they must make sure that they report this fraud to their credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (customer.relations@Securitydigs.co.uk). State “credit card fraud” in the subject line of their email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit/debit card bookings made using our secure server, and the unauthorised use of a Member’s credit/debit card resulted through our default or negligence, and through no fault of their own while using the secure server.
Payment of the referral fee in relation to direct debit memberships will only be paid to the referrer upon completion of the 4th payment to Securitydigs Limited.
- Cancellation and Extenuating Circumstances
By making a booking with a Supplier through our Platform, Members accept and agree to the Booking Cancellation Policy adopted by every Supplier and to the terms of our Booking Extenuating Circumstances Policy. Members are strongly advised to check their booking details thoroughly prior to making their booking. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for Members’ own risk and account and they shall not be entitled to any refund of any amount unless under our Booking Cancellation Policy and/or Booking Extenuating Circumstances Policy.
If Members wish to review, amend or cancel their booking, please revert to the confirmation email and follow the instructions therein in relation to our Booking Cancellation Policy. Members should note that they may be charged for their cancellation in accordance with our Booking Cancellation Policy and/or Booking Extenuating Circumstances Policy.
If Members have a late or delayed arrival on the check-in date or only arrive the next day, they should make sure to promptly communicate this with the Supplier via the methods provided on the Platform, so the Supplier knows when to expect them in order to avoid cancellation of their booking. We do not accept any liability or responsibility for the consequences of a Member’s delayed arrival or any booking cancellation by the Supplier save for the criteria set out in our Booking Extenuating Circumstances Policy.
- Correspondence and Communication
By completing a booking through the Platform, Members agree to receive (i) an email which we may send them shortly prior to their arrival date, giving them information on their accommodation and providing them with certain information relevant to their booking and accommodation and (ii) an email which we may send to them promptly after their stay inviting them to complete our accommodation review form. Please see our Privacy and Cookies Policy for more information about how we may contact Members.
We disclaim any liability or responsibility for any communication with the Supplier on or through its platform. Members cannot derive any rights from any request to, or communication with the Supplier or (any form of) acknowledgement of receipt of any communication or request. We cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Supplier.
In order to duly complete and secure their booking, Members need to use their correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit/debit card number.
Any claim or complaint against us or in respect to the Service must be promptly submitted, but in any event within 30 days after the scheduled check in date. Any claim or complaint which is submitted after the 30-day period may be rejected, and the claimant shall forfeit their right to any (damage or cost) compensation.
Due to updates and adjustments of rates and availability, we strongly suggest Members make screenshots when making a booking to support their position (if needed).
Subject to the limitations set out in these terms and conditions and to the extent permitted by law. We shall only be liable for direct damages actually suffered, paid or incurred by Members due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of a Member’s booking as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates and availability) of the Supplier as made available on our Platform, (iii) the accommodation offered by the Supplier, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by Members, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any personal injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by Members, whether due to (legal) acts, errors, breaches, (gross) negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Supplier whose accommodation is made available, offered or promoted on or through the Platform, including any cancellation, overbooking, force majeure or any other event beyond our control.
Whether or not the Supplier has charged a Member for their accommodation or if we are facilitating the payment of the booking price, Members agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the booking price to the relevant tax authorities. We are not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the booking price to the relevant tax authorities. We do not act as the merchant of record for any service made available on the Platform.
By uploading photos/images onto our system Members certify, warrant and agree that they own the copyright to the photos/images and that they agree that we may use the uploaded photos/images on our website, and in (online/offline) promotional materials and publications and as we in our sole discretion see fit. Members are granting us a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as we in our sole discretion see fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to us publishing and using these photos/images. We do not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of us. We disclaim all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by us at any time and without prior notice and may result in a Member’s membership being permanently suspended.
- Intellectual Property Rights
Unless stated otherwise, the software required for our services or available on or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by us, its suppliers or providers.
We exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available and Members are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilise, combine or otherwise use the content (including any translations thereof) or our brand without our express written permission. To the extent that a Member would (wholly or partly) use or combine our (translated) content or would otherwise own any intellectual property rights in the Platform or any (translated) content or Member reviews, Members hereby assign, transfer and set over all such intellectual property rights to us. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
Assignment and other dealings – We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these terms and conditions. Members may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of their rights or obligations under these terms and conditions without our prior written consent.
Entire agreement – These terms and conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these terms and conditions.
Variation – No variation of these terms and conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Waiver – No failure or delay by a party to exercise any right or remedy provided under these terms and conditions shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Severance – If any provision or part-provision of these terms and conditions becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the terms and conditions.
Third party rights – No one other than us or our Members shall have any right to enforce any of these terms and conditions.
Governing law – These Terms and conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with their subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.
Jurisdiction – Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions their subject matter or formation.