Terms

Please read all these terms and conditions: As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 020 3908 4660. 

1) Application

1.1) These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Go Privilege Ltd whose trading name is Go Privilege a company registered in England and Wales under number 11843136 whose registered office and trading address is at 20-24 High Street, Rayleigh, Essex, SS6 7EF and with email address info@goprivilege.co.uk; telephone number 02039084660; (the Supplier or us or we).

1.2) These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

2) Interpretation

2.1) Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession; Contract means the legally-binding agreement between you and us for the supply of the Services; Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order; Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored; Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order; Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website; Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website; Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order; Website means our website www.goprivilege.co.uk on which the Services are advertised.

3) Services

3.1) The description of the Services and any Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of any Goods supplied. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate. All Services which appear on the Website are subject to availability. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

4) Customer Responsibilities

4.1) You must cooperate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licences and consents (unless otherwise agreed). Failure to comply with the above is a Customer default which entitles us to suspend the performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

5) Personal Information And Registration

5.1) When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret. We retain and use all information strictly under the Privacy Policy. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

6) Basis Of Sale

6.1) The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.

6.2) Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

7) Fees And Payment

7.1) The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis. Fees and charges include VAT at the rate applicable at the time of the Order. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

8) Your Financial Protection

8.1) When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.

8.2) We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).”

8.3) If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.”

9) Delivery

9.1) We will deliver the Services, including any Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement:

9.1.1) in the case of Services, within a reasonable time; and
9.1.2) in the case of Goods, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
9.1.3) In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
9.1.4) In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
9.1.5) we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
9.1.6) after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
9.1.7) If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
9.1.8) If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
9.1.9) If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
9.2) We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
9.3) You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
9.4) If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
9.5) The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
 
10) Risk And Title

10.1)  Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

11) Conformity

11.1) We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation. Upon delivery, the Goods will:

11.1.1) be of satisfactory quality;
11.1.2) be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
11.1.3) conform to their description.
11.1.4) It is not a failure to conform if the failure has its origin in your materials.
11.1.5) We will supply the Services with reasonable skill and care.
 
11.2) In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).

12) Duration, Termination And Suspension

12.1) The Contract continues as long as it takes us to perform the Services. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

12.1.1) commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
12.1.2) is subject to any step towards its bankruptcy or liquidation.
12.1.3) On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
 
13) Successors And Our Sub-contractors

13.1) Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

14) Circumstances Beyond The Control Of Either Party

14.1) In the event of any failure by a party because of something beyond its reasonable control:

14.1.1) the party will advise the other party as soon as reasonably practicable; and
14.1.2) the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
 
15) Excluding Liability

15.1) The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

16) Governing Law, Jurisdiction And Complaints

16.1) The Contract (including any non-contractual matters) is governed by the law of England and Wales. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland. We try to avoid any disputes, so we deal with complaints as follows: If a dispute occurs customers should contact us and we will aim to respond within 2 days.

17) Withdrawal And Cancellation

17.1) You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services (with no others) in the following circumstances:

17.1.1) goods that are made to your specifications or are clearly personalised;
17.1.2) goods which are liable to deteriorate or expire rapidly.
 
18) Go Privilege Cancellation Policy
 

18.1) You may cancel a Booking for Product(s) and/or Service(s) up to Twelve weeks before the Itinerary Start Date by contacting Us in writing with a copy of your invoice/booking confirmation. Fees listed in section 18 may still apply. We will confirm your cancellation in writing to you.

 
18.1.1) We will, where we can refund costs if you cancel more than 12 weeks before the booking date. However, we pay our suppliers in advance and will only refund costs which we are also able to recover from our suppliers.
 
18.1.2) Further, certain arrangements may not be amended after they have been confirmed (even upon booking). Therefore, any alteration or cancellation after you receive your confirmation invoice could incur a cancellation charge of up to 100% of that part of the arrangements, in addition to the charge above.
 
18.1.3) Please note that amendment charges are not refundable in any circumstances

18.2) If you cancel a Booking under clause 18.1, the deposit made at the time of placing the Booking will not be refunded to you. Any additional payments will be refunded to you.

18.3) However, if you cancel a Booking for Product(s) and/or Service(s) under clause 18.1 and We have already started work on your Booking by that time, you will pay Us any costs We have reasonably incurred in starting to fulfil the Booking, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us.

18.4) Where you have cancelled a Booking because of Our failure to comply with these Terms or if We change these Terms under clause 4.1 and you elect to cancel the contract (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.

18.5) If you cancel a Booking for a Product(s) and/or Service(s) less than twelve weeks prior to the Itinerary Start Date and we are unable to offer the Product(s) and/or Service(s) to another party we reserve the right to invoice you for an amount up to 100% of the cost for Product(s) and/or Service(s) as outlined in the Booking. As the Service(s) and/or Product(s) provided by Us to you the Consumer are to be used within/by a stated time period we are exempt from providing the 14-day cancellation period within consumer cancellation rights. 
 
18.5.1) the Consumer may be liable for 100% of the booking cost if full payment was required when booking was made. You also may be liable for the full balance of the booking if we cannot recover costs paid to suppliers in relation to your order.

18.6) We will charge a £30 (including VAT) administrative charge if you cancel the Booking at any time prior to the Itinerary Start Date unless agreed prior in writing.

18.7) Once you have accessed the Product(s) and/or Service(s) or the Itinerary Start Date has passed (whichever is earlier), you may only cancel the contract for the Product(s) and/or Service(s) by giving Us written notice if We:

18.7.1) break this contract in any material way;

18.7.2) go into liquidation or a receiver or an administrator is appointed;

18.7.3) change these Terms under clause 4.1 and you elect to cancel the contract; or
 
18.7.4) are affected by an Event Outside Our Control.

19) Commencement Of Services In The Cancellation Period

19.1) We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.

20) Payment For Services Commenced During The Cancellation Period

20.1) Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel the Contract. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. This amount is to be calculated on the basis of the total price agreed in the Contract or, if the total price were to be excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such a request.