1. IMPORTANT INFORMATION AND WHO WE ARE
The website [DOMAIN ADDRESS] (the “website or “site”), is operated by ABSTRCT LTD ("we or "us”). We are registered in UK under company number 10931032 and have our registered office at 2 Phelps House, 133a St Margarets Road, Twickenham, TW11RD.
2. CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint or request any information about your personal data, please contact us by the following means:
telephone: +44 7803 887 508
address: 2 Phelps House, 133a St Margarets Road, Twickenham, TW11RD
3. THE DATA WE COLLECT ABOUT YOU
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
· Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, and gender.
· Contact Data includes billing address, delivery address, email address, and telephone numbers.
· Financial Data includes bank account and payment card details.
· Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
· Technical Data includes internet protocol (IP) address, your login data, browser type, and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
· Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
· Usage Data includes information about how you use our website and your interest in our products and services.
· Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
If you fail to provide personal data where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
4. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
· Direct interactions. You may give us your Identity, Contact, and Financial Data by filling in forms or by corresponding with us by post, phone, email, or otherwise. This includes personal data you provide when you:
· order or express an interest in any of our products or services;
· request marketing to be sent to you; or
· give us feedback or contact us.
5. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
· Where we need to perform the contract we are about to enter into or have entered into with you.
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
· Where we need to comply with a legal obligation.
6. DISCLOSURES OF YOUR PERSONAL DATA
We may share your information with the following entities:
· Third-party vendors who provide services or functions on our behalf, including operation of the website, business analytics, customer service, marketing, and distribution of surveys. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our website. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose.
· In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
· When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; or to protect and defend the rights, property, or safety of our company, our customers, or others.
· In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.
We also may share aggregate or anonymous information with third parties, including advertisers and investors. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.
7. DATA RETENTION
When you place an order through the website, we will maintain your Order Information for our records.
8. YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
· If you want us to establish the data's accuracy.
· Where our use of the data is unlawful but you do not want us to erase it.
· Where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims.
· You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
9. CANCELLATION BY THE SUPPLIER
9.1 On rare occasions, the Supplier may have to cancel the Service and reserves the right to do so. If the Supplier has to do so, the Customer will be notified as soon as possible. The Supplier may (at its discretion) also offer an alternative Service if able to do so and inform the Customer of its impact on the price of the booking. If the alternative Service is of a lower quality or cost, the Customer may be entitled to a price reduction at the Supplier’s discretion. If the Supplier cannot offer an alternative, it may at its discretion provide a full refund of any payments made for the Service (less any platform, transaction and processing fees that have been incurred).
9.2 If a refund is made to you any reason, the refund shall be made less any platform, transaction and processing fees that have been incurred.
10. CHANGE OF BOOKING BY THE SUPPLIER
10.1 As elements of the Services are planned in advance (in some cases by many months), from time to time the Supplier may need to make a change to the Services. The Supplier reserves the right to do so at any time. Most changes are minor changes, however, occasionally the Supplier will have to notify Customers of a significant change which it is constrained to make to the main characteristics of the Services, or where it cannot fulfil any special requirements which it has accepted.
10.2 In the unlikely event that the Supplier has to make a significant change to the Services, the Customer will be informed as soon as reasonably possible. The Customer will then have the option to:
(a) accept the proposed change.
(b) reject the proposed change and terminate the Contract with a full refund (less any platform, transaction and processing fees that have been incurred); or
(c) reject the proposed change, terminate the Service and take an alternative one if offered. If the Customer decides to take an alternative Service, they will be informed of its impact on the price of the booking.
10.3 The Supplier may not give any of the above options in the event that a change to the purchased Service is not a significant change. Please note that a change of flight time of less than 120 minutes earlier than the departure time and less than 240 minutes later than the arrival time, a change of airline or aircraft (if originally identified), a change of departure or destination airport to one within the same region, or a change of accommodation to another of the same or higher standard usually qualify as minor changes.
11. Unavoidable and Extraordinary Circumstances
11.1 The Supplier shall have no liability to the Customer under this agreement if it is prevented from or delayed in performing its obligations under this Contract, or from carrying on its business or providing the Services as expected for any Unavoidable or Extraordinary Circumstance.
11.2 An “Unavoidable or Extraordinary Circumstance” shall mean any acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport or telecommunications network, Act of God, war, riot, civil commotion, malicious damage, threat of the spread of any illness or disease or any epidemic or pandemic, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Supplier or sub-contractors.
11.3 Customer is advised to ensure it has appropriate travel insurance in place that covers Unavoidable or Extraordinary Circumstances.
12. LIMITATION OF LIABILITY: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
12.1 Nothing in this section shall exclude or limit our liability where it is not possible to do so under applicable law. Your statutory rights as a consumer remain unaffected.
12.2 Except as set out in the Contract the Supplier accepts no liability for any claims, losses, expenses, damages or liability for the Services, except in cases of our fraud or involving death, injury or illness where the Supplier has caused such damage with negligence.
12.3 If you have any complaint or claim, you must raise this with us in writing within 30 days of the end of your trip. The limitation period begins on the day on which the trip should end, based on the Contract.
13. ACCESS TO WEBSITE
13.1 Without affecting any other right or remedy available to it, the Supplier may suspend or terminate the Customer’s use of the Website at any time without any liability to the Customer.
14.1 Pack Travel Regulations and Linked Travel Arrangements:
14.1.1 If the Service constitutes a Package Holiday under the terms of The Package Travel and Linked Travel Arrangements Regulations 2018 (the “Package Travel Regulations”), the additional terms applicable to Package Holidays set out Appendix 1 shall apply to our Contract.
14.1.2 If the Service constitutes a Linked Travel Arrangement under the terms of the Package Travel Regulations, the additional terms applicable to Linked Travel Arrangements and set out Appendix 1 shall apply to our Contract.
14.1.3 Appendix 1 shall not apply to any Services that are not covered by the Package Travel Regulations.
14.1.4 If and to the extent that there is any conflict or inconsistency between these terms and the terms set out in Appendix 1 in relation to any Services that constitute a Package Holiday, the terms set out in Appendix 1 shall prevail.
14.2 Assignment and other dealings. Supplier may transfer its rights and/or obligations under any Contract to another organisation.
14.3 Variation. Supplier may amend these terms from time to time. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time.
14.4 Waiver. If Supplier does not insist immediately that you do anything you are required to do under these terms, or if Supplier delays in taking steps against you in respect of your breaking this contract, this does not mean that you do not have to do those things and it will not prevent Supplier taking steps against you at a later date. For example, if you miss a payment and Supplier does not chase you and/or we continue to provide the Services, we can still require you to make the payment at a later date.
14.5 Validity. If a court finds any part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of the terms are unlawful, the remaining paragraphs will remain in full force and effect.
14.6 Governing law. These terms are governed by the laws of England and Wales and the English courts shall have exclusive jurisdiction.