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FULL BOOKING TERMS AND CONDITIONS FOR THE KELVINGROVE HOTEL These terms and conditions make up the agreement with you, in relation to any accommodation booking made on your behalf using the online booking engine at the Kelvingrove Hotel's website where online bookings can be made. Please note that certain terms are defined at the end of this document. 1. Information Sources
You can browse through the Kelvingrove web site, where information is available and a booking can be made through the book online facility powered by Visit Scotland.com. 2. The Booking Process.
2.1 When you have entered your accommodation requirements and your personal and credit/debit card details, you will be invited to complete the booking process and confirm your acceptance of these terms and conditions by pressing the "book" button. We will treat that action as your offer to contract with the Kelvingrove Hotel. We will then, subject to availability, process that offer on your behalf.
As part of that process we will charge your nominated credit or debit card a non-refundable payment of 8% of the Total Price by way of a deposit.
2.2 Confirmation of your booking together with the relevant booking reference number will be forwarded to you once payment of the Deposit has been confirmed.
2.3 Unless Clause 2.4 applies, you must pay the balance of the Total Price payable for the booking (i.e. the Total Price less the 8% paid by way of your Deposit) direct to the Kelvingrove Hotel when you are at the Establishment.
2.4 In some instances, The Kelvingrove Hotel will require some or all of the balance of the Total Price to be paid in advance of the first day of your Scheduled Stay. If this is the case, the Kelvingrove Hotel will make you aware of the relevant payment requirements at the time that you make your booking. 3. Cancellations
3.1 Where you cancel a booking by contacting the Kelvingrove Hotel direct and that contact is made less than 48 hours before the Latest Arrival Time: (i) We may charge your credit/debit card with a Late Cancellation Charge. 3.2 If the Kelvingrove Hotel cancels a booking at any time we will notify you and ensure that we promptly refund to you all sums paid by you in relation to the booking, including an amount equal to your Deposit.
3.3 If the Kelvingrove Hotel cancels a booking less than 48 hours before the Latest Arrival Time, you will be offered either a refund or we will arrange for you, at our expense, accommodation of a comparable standard and in the same locality as that in the original booking. If the alternative accommodation offered is of a lower value than the accommodation comprising the original booking, the Kelvingrove Hotel shall reimburse the difference to you if you accept our offer of alternative accommodation.
3.4 Unless your booking has already been cancelled in accordance with the above clauses, your failure to arrive for a booking by 9pm on the first night of the Scheduled Stay will be treated as a cancellation made on less than 48 hours notice and a Late Cancellation Charge may be made by the Kelvingrove Hotel. If the Kelvingrove Hotel chooses to re-let the accommodation and you arrive prior to that 9pm deadline or that agreed late arrival, a double booking will be deemed to have occurred.
3.5 If you anticipate that you will fail to arrive for a booking by the 9pm deadline, you should notify the Kelvingrove Hotel directly. If you agree an alternative arrival time with the hotel, that alternative time will replace the 9pm deadline.
3.6 If after arrival you fail to stay and pay for the full duration of your booking, the The Kelvingrove Hotel will be entitled to recover from you an amount as reimbursement for revenue lost as a result of the room sitting empty. The amount charged will be determined by the Kelvingrove Hotel in each situation but will not exceed the balance of the Total Price payable for the Booking (i.e. the Total Price less the 8% paid by way of your Deposit).
3.7 If The Kelvingrove Hotel wishes to charge a cancellation charge greater than the Late Cancellation Charge it will have to make you aware of the level of the charge and the payment requirements at the time that you make your booking. 4. Unfulfilled Bookings
Where a Double Booking occurs in relation to a booking, the Kelvingrove Hotel will (i) allocate the Double Booked accommodation to you; or (ii) only with your consent, arrange alternative accommodation of a comparable standard. Where in those circumstances, you are unable to be accommodated due to a Double Booking, we will repay to you that part of any sums paid by you to date which relate to the Double Booked accommodation. 5. Booking Alterations
5.1 If you wish to alter a booking, you must do so by contacting the Kelvingrove Hotel. We will use all reasonable endeavours to accommodate a request to alter a booking. A charge of £5 (inclusive of VAT) will be made by the hotel to your credit/debit card for any alteration made to a booking. Except in the circumstances described in Clause 5.2 below, where the alteration requested results in a change in the total price of the booking, the amount of Deposit due from you will be adjusted to 8% of the Total Price of the altered booking and your credit/debit card will be charged or credited accordingly.
5.2 In the event that the alteration to your booking involves reducing the amount of rooms that you have booked, the number of rooms that the booking has been reduced by will be deemed to be cancelled and therefore will be subject to our cancellation policy as outlined in Clause 3 above.
5.3 Where your request to alter a booking cannot be met, we will give you the option either: (i) to let the booking stand unaltered; or (ii) to treat the booking as being cancelled in accordance with Clause 3 above.
5.4 Where a request to alter a booking is made less than 48 hours before the Latest Arrival Time and the request cannot be met, resulting in a cancellation, a Late Cancellation Charge will automatically apply. 6. Complaints
Any complaint you have relating to the Kelvingrove Hotel should in the first instance be made to the hotel at the time of your stay. If your complaint is not dealt with to your satisfaction, you should refer the complaint to Visit Scotland. As part of their complaints process, they will pass the complaint to the Scottish Tourist Board (which trades as VisitScotland) and will update you on the progress of the complaint when you so request. 7. Liability
7.1 Subject to Clause 7.3, in no event will the Kelvingrove Hotel be liable to you, in contract, (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for any loss of profit, business, contracts, revenues or anticipated savings, increased costs or expenses, special, indirect or consequential damage or loss howsoever arising out of a booking.
7.2 Our total liability to you in respect of any costs or losses directly associated with any booking shall in no circumstances exceed an amount equal to the total sums paid by you to us in relation to that booking.
7.3 Nothing in this Clause 7 shall seek to limit or exclude our liability to you for death or personal injury caused by our negligence. 8. Data Protection
8.1 When giving information for the purposes of making your booking, you will be asked to provide your express consent to us holding and using that information to send you details of future offers at the Kelvingrove Hotel that we think you will find of interest. If, after giving such consent, you no longer wish your information to be used in that way, please contact us, giving your name and address: (i) by post to The Kelvingrove Hotel, 944 Sauchiehall Street, Glasgow G3 7TH; (ii) by e-mail to
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or (iii) by telephone on 0141 339 5011
8.2 We may record telephone calls made between you and the Kelvingrove Hotel for the purpose of processing bookings, conducting internal training and providing evidence in the event of a dispute, and you will be deemed to consent to such recording by communicating with the Kelvingrove Hotel by telephone. 9. General
9.1 These terms and conditions, together with the details of a particular booking constitute the entire agreement between you and us in relation to that booking. Nothing in this Clause shall exclude the liability of either party for fraud or fraudulent misrepresentation.
9.2 In the event that the whole or any part of a provision may prove to be illegal or unenforceable, the other provisions of these terms and conditions and the remainder of the provision in question will remain in full force and effect.
9.3 The construction, validity and performance of the booking and these terms and conditions shall be governed by the law of Scotland and the parties submit to the exclusive jurisdiction of the Scottish Courts in as far as permitted by law. ________________________________________ 10. Definitions
"Booking" means a booking for accommodation and/or services selected by you.
"Deposit" has the meaning attributed to that term in Clause 1.1;
"Double Booking" means that the accommodation making up your booking is not available because another person has been booked to stay there for all or part of your Scheduled Stay, the term "Double Booked" being construed accordingly;
"Late Cancellation Charge" means an amount equal to 90% of the price (including VAT) of the accommodation (which may include certain meals) booked for the first night of your Scheduled Stay;
"Latest Arrival Time" means 9pm local time on the first day of your Scheduled Stay;
"Scheduled Stay" means the period covered by your booking;
"Total Price" means the total charge for accommodation and/or services (including VAT) levied by the hotel (including any Deposit) for the whole period covered by your booking;
"VAT" means value added tax;
to
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; and“we” or “our” means the owners of The Kelvingrove Hotel.
"you" or "your" means the customer on whose behalf a booking is made;
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