Consumer Terms and Conditions - Clause 1-10
Gift Voucher Terms and Conditions -
The Bingham is a trading name of the Bingham Hotel and Restaurant Limited. The Bingham has prepared this statement in order to demonstrate our commitment to the privacy of our customers and to assure you that your personal information will be treated appropriately by us.
Privacy & Personal Information
We will use the personal data you provide via our website and gift voucher portal to to:-
- Deal with your requests
- Provide reservation services
- Tailor our services to your requirements and preferences.
We will provide you with information about other related products, services and special offers and/or products and services made available by sister companies to the Bingham and selected partners.
Disclosures
We will not sell your personal information to third parties and will only disclose it to the Bingham, its sister companies and selected business partners:-
- For the purpose of facilitating your stay with us
- For providing services which you have requested; and
- For communicating offers of goods and services
Cookies
Our website and Gift Voucher Portal uses cookie technology. A Cookie is a small text file that can be stored by your browser on your computer’s hard drive by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site.
No personal information is stored on the Cookie. Cookies may be used to compile anonymous statistics related to the use of services or patterns of browsing. When used in this manner you are not individually identified and data collected in this manner is only used in aggregate. The cookies used on the Gift Voucher Portal are primarily functional and enable the shopping and checkout experiences of the site. Some cookies are also used for collecting information on how you use the site to help the Bingham and its agent improve your overall experience of the site. Most web browsers allow some control of most cookies through the browser settings. If you do not wish to allow the use of cookies and still wish to browse the website, you can turn off cookies within your browser settings. For information on how to control or delete cookies please visit www.allaboutcookies.org. Note that by doing this you will not be able to make a purchase from the site.
Security
We follow strict security procedures in the storage and disclosure of information that you have given us. This is to prevent unauthorised access or unlawful processing of your personal information. For additional peace of mind, credit card details are not recorded on the Bingham site when making bookings.
Your consent
By using our website and gift voucher portal, you consent to the collection, storage and processing of your personal information by us in the manner set out in this privacy policy. Should we change our privacy policy, we will post the changes on this website so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it.
Opt out / Data quality / Access
Our site provides you with the opportunity to opt out of receiving written promotional and marketing information from us or opt in to receiving electronic marketing information. You can do this by:
Sending an email to info@thebingham.co.uk with your name, address and (if you have made a booking with us) a confirmation number.
Selecting the appropriate opt in/out, subscribe, unsubscribe button each time you submit a form containing your personal details on this website.
We reserve the right to alter and amend any information (including our tariffs) on our website or Gift Voucher portal without notice.
Bingham Gift Voucher’s & Consumer Terms & Conditions
These terms and conditions ("Consumer Terms and Conditions") govern the use of the Bingham Gift Voucher Portal (the "Voucher Portal") whose web address is http://bingham.giftvouchers.uk.com/. You are required to access this Voucher Portal in order to purchase a Bingham gift voucher on-line. The Voucher Portal is operated and managed by Gift BONOBO Limited ("Gift BONOBO"), acting as an agent on behalf of the Bingham Hotel and Restaurant Limited. Gift BONOBO will collect payments from you on behalf of the Bingham for the purchase of Bingham Gift Vouchers. Gift BONOBO is a company incorporated in England (No 9805299) with its registered office at Longbarn Village, Alcester Heath, Alcester, Warwickshire, B49 5JJ.
By using the Bingham Gift Voucher Portal, you shall have deemed to have accepted and be legally bound by the Consumer Terms and Conditions. You shall be asked to agree to the Consumer Terms and Conditions before placing an order (including the terms and conditions for the use of the Bingham Gift Voucher – see below). If you breach, or do not accept the Consumer Terms and Conditions or the terms and conditions of use of the Gift Voucher, your permission to order any Gift Vouchers and use the Bingham Gift Voucher Portal will automatically terminate.
The Bingham reserves the right to vary the Consumer Terms and Conditions from time to time. It is your responsibility to regularly review the Consumer Terms and Conditions before each purchase to keep up to date with any changes made to them. Any changes to the terms and conditions of use of the Bingham Gift Voucher will also be listed on the relevant product page of the Bingham Gift Voucher Portal. If changes are made to the Consumer Terms and Conditions which apply to orders previously made, we will notify the consumer with reasonable advance notice of such changes to the email address details provided by the Consumer at the point of purchase. If you are not happy with such changes, you have the right to cancel the gift voucher order. Under these circumstances, you have the right to cancel one or all Bingham Gift Vouchers previously purchased. After receipt of your notice of cancellation, Gift BONOBO will arrange a full refund of the price you have paid, together with any previously incurred postal delivery charges ordered by the Consumer for the shipment of Bingham Gift Vouchers (irrespective of whether you have already received the Bingham Gift Voucher). If you have already received the Bingham Gift Voucher and subsequently cancel due to the above, your physical gift voucher should be destroyed as neither you nor the recipient will be able to redeem it.
As you are a consumer, we are under a legal duty to supply products that are in conformity with our contract with you. As you are a consumer, you have legal rights in relation to products that are faulty or incorrectly described. These legal rights are not affected if you exercise your rights to cancel. Advice about your legal rights, including your right to cancel the contract is available from your local Citizens' Advice Bureau or Trading Standards office.
- Purchase
1.1 The Bingham Gift Voucher Portal offers gift vouchers for sale ("Gift Voucher").
1.2 Upon receipt of your order for the sale of a Gift Voucher, you will receive a confirmation acceptance email (issued by Gift BONOBO) detailing that payment has been received in full, the content of the Gift Voucher purchased and confirming all other relevant details (the "Confirmation"). This confirmation will be deemed complete and to have been effectively communicated to you (whether or not you receive the Confirmation). The Confirmation also constitutes an acceptance by the Bingham to supply a Gift Voucher(s). In the event of any inconsistency or conflict between the Consumer terms and conditions, the Confirmation, or the details on the product page of the Bingham Gift Voucher Portal, the Consumer Terms and Conditions shall prevail to the extent of the conflict or inconsistency.
1.3 You must check that the details outlined on the Confirmation are correct as soon as possible and you should print and retain a copy of the Confirmation for your records.
1.4 When purchasing a Bingham Gift Voucher through the Voucher Portal or on the telephone, payment shall be taken by credit or debit card by Gift BONOBO on behalf of the Bingham. The following cards are acceptable, Mastercard, Visa, Delta, Maestro and American Express. Please note that any payments debited or credited to your account will appear on your statement as being from Gift BONOBO.
1.5 You undertake that all details you provide to the Bingham Gift Voucher Portal and Gift BONOBO for the purpose of ordering any Gift Vouchers are correct, that the credit or debit card you are using is your own and that there is sufficient funds to cover the cost of the Gift Voucher purchased.
1.6 In order to protect your details during purchase, the Voucher Portal uses a software package known as Secured Sockets Layer (SSL), which is indicated by a padlock. This symbol will appear in your browser when using the Bingham Gift Voucher Portal.
- Issuing Bingham Gift Vouchers
2.1 Each Bingham Gift Voucher is subject to the terms and conditions of use which can be viewed on the Voucher Portal in addition to the terms of the Consumer Terms and Conditions. All prices on the Voucher Portal are inclusive of VAT (where applicable).
2.2 Orders will be dispatched in accordance with the following timescales:
For orders placed on a working day (Monday - Friday, excluding bank holidays) before 12 noon, the order will be despatched the same day.
For orders placed on a working day after 12 noon or on a weekend day or bank holiday, the order will be despatched the next working day.
2.3 Gift BONOBO is responsible for processing your order and issuing the Gift Voucher by postal delivery or email. In respect of all postal deliveries, Gift BONOBO uses Royal Mail. Postage and packaging charges are not included in the Gift Voucher prices, but will be advised to you during the check-out and ordering process, if applicable and before you confirm your order. The following supplements will apply:
Email - £0.00
UK First Class - £2.95
UK Special Delivery - £6.95
Email - An automatic email with your Bingham Gift Voucher(s) will be sent as soon as the transaction is completed. This is a system generated email and therefore may go to the email recipient's junk or spam email folder. Please also take care when entering email address that it is correct.
UK First Class delivery - standard Royal Mail UK First Class delivery service. In accordance with Royal Mail guidelines, we suggest you allow 5 working days for the Gift Voucher to be delivered. Please note that UK First Class delivery does not guarantee delivery within above timescale and cannot be tracked or traced.
UK Special delivery - standard Royal Mail UK Special delivery. This will be tracked by Royal Mail and requires a signature from the recipient. Special Delivery guarantees receipt of the Gift Vouchers by 1pm on the next working day (not weekends). Please make sure that you (or the recipient) are available to sign for the delivery otherwise it will be returned to the sorting office for collection. Please note that if you place an order on a Friday before 12 noon, Royal Mail will not guarantee delivery on Saturday but will guarantee delivery by the next working day (ie, Monday but excluding bank holidays).
For postal deliveries, please allow seven (7) days for UK delivery during peak postal time. There is no despatch or delivery on UK bank holidays or weekends. Neither the Bingham nor Gift BONOBO can be held responsible for delays caused by the postal service. Neither the Bingham nor Gift BONOBO accepts liability for any delay which may occur in the delivery times which are due to circumstances outside of their control. You may cancel an order in such circumstances. To cancel your order, please contact Gift BONOBO by email at vouchers@giftbonobo.co.uk or by phone at 0330 024 9033.
2.4 On rare occasions following despatch of Gift Vouchers, items get lost in the post. If you have not received your order after 5 working days after placing the order, please contact Gift BONOBO in accordance with the contact details set out in clause 4.1 below. Gift BONOBO may need to cancel your original order and issue you with a new Bingham Gift Voucher. In this situation you should destroy the original Bingham Gift Voucher if it is eventually received as you will not be able to redeem it.
2.5 Pursuant to the payment of applicable postal charges, if the delivery deadline for any Bingham Gift Vouchers is missed and any of the following apply, then you may cancel your order straight away:
- Gift BONOBO (or the Bingham) has refused to deliver the Bingham Gift Voucher;
- delivery within the delivery deadline was essential (taking into account all relevant circumstances); or
- you confirmed to Gift BONOBO (or the Bingham) before the Bingham confirmed your order that delivery within the delivery deadline was essential.
If you do not wish to cancel your order straight away, or do not have the right to do so under this clause 2.5, you can give Gift BONOBO a reasonable revised delivery deadline (in accordance with your original postal instructions). You have the right to cancel, should the new deadline not be achieved.
If you elect to cancel your order for late delivery under this clause 2.5 and you have ordered multiple Gift Vouchers, you may cancel in respect of one or all of the Gift Vouchers. After you cancel your order Gift BONOBO will refund any sums you have paid to Gift BONOBO for the cancelled Bingham Gift Voucher and its incurred postal delivery charges.
- Cancellations
3.1 Please remember that, in addition to the terms included in the Consumer Terms and Conditions, there are terms and conditions which apply to each Bingham Gift Voucher. These can be viewed on the Bingham Voucher Portal alongside each individual Gift Voucher.
3.2 All specific arrangements regarding booking dates and times must be made directly with the Bingham and you should reconfirm any arrangements made with the Bingham or its 3rd parties a few days before the event to avoid disappointment. The Bingham will use all reasonable endeavours to meet your request but cannot guarantee any specific date or time.
3.3 Nothing in the Consumer Terms and Conditions or any additional terms and conditions applicable to a Bingham Gift Voucher alter or affect your statutory rights (including your right to receive a refund for faulty or incorrectly described Gift Vouchers).
3.4 Under the Consumer Protection Contracts Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order with the Bingham starting from the date that Gift BONOBO sends you the confirmation (which is when the contract is formed with the Bingham), until either:
(a) 14 days from the day after the day of receipt of your Gift Voucher (the "Cancellation Period" if your contract is for one Gift Voucher; or
(b) 14 days from the day after the day of receipt of the last of the Gift Vouchers ordered (the "Cancellation Period"), if your contract is for multiple Gift Vouchers which are delivered on separate days.
3.5 If you wish to cancel your order either before or after you receive the Gift Voucher, you must notify Gift BONOBO within the Cancellation Period that you have decided to cancel the contract. The easiest way to do this is to contact Gift BONOBO in accordance with clause 4.1. If you decide to cancel by email your cancellation will be effective from the date you sent Gift BONOBO the email.
3.6 Should you cancel the contract within the Cancellation Period, Gift BONOBO will refund you the price you have paid for the Gift Voucher(s) within 14 days after the day on which Gift BONOBO receives the notice of cancellation from you (irrespective or not of whether you have received the Bingham Gift Voucher).
3.7 This refund will include the delivery charge paid by you (providing (i) you have cancelled your order within the Cancellation Period; or (ii) the Gift Voucher is faulty or incorrectly described, in which case Gift BONOBO will refund the delivery charges (if the postal delivery option was purchased). In respect of a refund of the delivery charges paid by you, the maximum refund will be the costs of delivery by the least expensive delivery method offered (the cost of UK First Class post). If you have already received the Bingham Gift Voucher which you have cancelled, you should destroy it. If Gift BONOBO finds, after it has received your notice of cancellation,that you have attempted to use the Gift Voucher, you shall not be entitled to a refund.
- Complaints Procedure and after sales customer assistance
4.1 If you have any questions relating to a purchase you are considering or how to redeem your Gift Voucher, please contact the Bingham. If your query relates to payment, cancellation or despatch, please direct your queries to Gift BONOBO.
You can contact the Bingham on 020 8940 0902 or by email at reservations@thebingham.co.uk. You can contact Gift BONOBO on 0330 024 9033 or by email at vouchers@giftbonobo.co.uk.
4.2 There are also further details relating to purchasing and use of Gift Vouchers within Gift BONOBO's Frequently Asked Questions on the Gift Voucher Portal.
- Liability
5.1 This section applies only to the extent permitted by law. For the avoidance of doubt, the Bingham does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from the Bingham’s negligence or wilful default, or that of Bingham’s employees, agents or subcontractor or (b) fraudulent misrepresentation.
5.2 In the event that the Bingham breaches their contract with you, the Bingham shall be responsible for refunding the cost of the Bingham Gift Voucher. The Bingham shall not be liable to pay any other compensation or losses suffered by you as a consequence of the Bingham’s breach of contract.
5.3 The Bingham agrees to provide the services for which the Bingham Gift Voucher was purchased in accordance with the description on the Bingham’s Voucher Portal and Bingham Gift Voucher at all times with reasonable skill and care. The Bingham makes no other warranty or representation.
- Copyright
The Bingham Gift Voucher Portal is protected by copyright, and other intellectual property rights and laws. You may view the Web Site and download part(s) of it to a personal computer for personal viewing for private purpose, but for no other purpose whatsoever. NONE OF THE CONTENT MAY BE DOWNLOADED, COPIED, REPRODUCED, TRANSMITTED, STORED, SOLD OR DISTRIBUTED FOR ANY NON PERSONAL PURPOSE WITHOUT OUR PRIOR WRITTEN CONSENT.
- Privacy
7.1 Your privacy is important to us, and we are committed to maintaining the privacy of any personal information received from you. We subscribe to the principles of UK data protection legislation. By giving us your details you accept that we will be able to use them for operational purposes including providing your details to our payment collector and agent, Gift BONOBO.
7.2 In using your personal data for operational purposes we (including Gift BONOBO) may send your information internationally including to countries outside the EEA (for example to the U.S.A.). By accepting the Consumer Terms and Conditions you acknowledge that some of these jurisdictions offer differing levels of protection of personal information, not all of which may be as high as the UK, and you consent to your data being transferred to such countries.
- Disclaimer
By accessing and using the Bingham Voucher Portal, or any of the information on it, you acknowledge that, while reasonable endeavours have been used to ensure that all information contained on it is correct, accurate and up to date, neither Gift BONOBO nor the Bingham make any warranties, representations or undertakings that the material on the Bingham Voucher Portal will be free from infections, viruses, worms, trojan horses and/or other codes that have contaminating or destructive properties. (It is your responsibility to take protective steps such as virus checking).
- General provisions
9.1 If we fail to insist that you perform any of your obligations under the Consumer terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that will not mean that we will automatically waive any later default by you.
9.2 Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
9.3 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an event outside our control. An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
9.4 We may transfer our rights and obligations under these terms and conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms and conditions.
- Governing Law and Jurisdiction
The Bingham Voucher Portal and the Consumer Terms and Conditions are governed by and construed in accordance with English law and the consumer hereby submits to the non-exclusive jurisdiction of the English courts in all matters relating to such use of the Bingham Gift Voucher Portal and in relation to these Consumer Terms and Conditions.
- Terms and conditions for the use of the Bingham Gift Voucher
11.1 A Bingham Gift Voucher can be used from the date of issue for a period of six months, (expired vouchers are not accepted). Upon expiry, the voucher can no longer be redeemed for Bingham or its sister companies, goods or services
- A Bingham Gift Voucher can be activated with a minimum value of £25
- The voucher is non-transferrable.
- There is no cash alternative.
- A Bingham Gift Voucher is only redeemable for services at the Bingham or its sister company, bhuti, dependent upon the voucher type purchased.
- Your voucher must be presented at the hotel and or its sister company, bhuti, when redeeming it.
Cash Value; any residual amount of a cash value/monetary voucher may be issued in the form of another voucher. Experience Vouchers: Vouchers gifted for a Hotel Experience or bhuti treatments or membership offers are offered subject to availability (and may not be valid on certain seasonal or public holidays i.e. Valentine’s Day, Good Friday, Easter Sunday, Valentine’s Day, August Bank Holiday, Christmas Eve, Christmas Day, Boxing Day and New Year’s Eve). The voucher does not include any incidental charges beyond the inclusion of the stated experience. Dining/Afternoon Tea Vouchers: Advance booking is strongly recommended, please be advised that there are certain restaurant events where our la carte/tasting menu will would not be available (i.e. Valentine’s Day, Christmas Day). Restaurant Vouchers may not be used in conjunction with any discount or promotion.
- We strongly advise booking in advance for restaurant, afternoon tea, accommodation, wine dinner events and bhuti treatments.
- The Bingham cannot be held liable for Gift vouchers used by other people as a result of loss, theft or damage.
- Customers must be present with a Gift voucher in order to make purchases of services at the Bingham and/or bhuti.
- The Bingham reserves the right to refuse or accept a gift voucher it deems to have been tampered with, duplicated, and damaged or which otherwise is suspected of fraud.
- The Bingham reserves the right to change any of its terms and conditions from time to time without notice and to take appropriate action including cancellation of the voucher at its discretion if it deems such action necessary (e.g to change the scope of the gift voucher services, notify of the service’s withdrawal or in the event of circumstances beyond its control).
- Gift vouchers are issued by the Bingham’s agent Gift BONOBO.
- The Bingham also offers Gift Vouchers on behalf of its sister company, bhuti, an eco-wellbeing centre on Hill Rise in Richmond upon Thames. The terms and conditions for bhuti treatments and packages are different from those of the Bingham’s. For the avoidance of doubt, please be aware of the following:-
1 bhuti cancellation policy for treatment gift vouchers
Please provide at least 24 hours’ notice should you wish to cancel or change your appointment, to avoid a 100% cancellation charge. To cancel your Gift Voucher appointment, please do so by phone with either the Bingham (020 8940 0902) or bhuti (0330 400 3108).
13.2 Your bhuti appointment
To get the best from your bhuti appointment please arrive 10 minutes before your appointment so bhuti can check you in and ready to relax.
13.3 bhuti Gift voucher memberships:
To freeze a full bhuti Gift Voucher membership for up to 3 months, please provide, 1 calendar months’ notice.
