Website Terms & Conditions
These terms and conditions ("Consumer Terms and Conditions") apply your use of the gift voucher web site ("Website"), and when you purchase a The Westin Cape Town gift voucher ("Gift Voucher").
We are The Westin Cape Town, however, as you have selected to purchase a Gift Voucher, we would draw your attention to the fact that this section of the Website is managed by SK Chase Limited ("SK Chase"), who acts as an agent for The Westin Cape Town and who will collect payments from you on behalf of The Westin Cape Town. SK Chase is a company incorporated in Scotland (No SC253912) with its registered office at 31 Palmerston Place, Edinburgh, EH12 5AP. The The Westin Cape Town website has separate terms and conditions which apply to the use of that website.
Before placing an order on the Website, you will be asked to agree and to be legally bound by these Consumer Terms and Conditions. Please read them carefully before you submit your order. If you do not accept these Terms, you will not be able to order any products from the Website.
We, The Westin Cape Town reserve the right to vary these Consumer Terms and Conditions from time to time. It is your responsibility to regularly review these Consumer Terms and Conditions before each purchase to keep up to date with any changes to them. If you opt to cancel and you have ordered more than one Gift Voucher, you can cancel in respect of one Gift Voucher or all of the Gift Vouchers. After receipt of your notice of cancellation, SK Chase will arrange a full refund of the price you have paid on our behalf, which shall include any delivery charges if you have selected the postal option for delivery (irrespective of whether you have already received the Gift Voucher). If you have already received the Gift Voucher which you have cancelled, you should destroy it. Because 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 mis-described. These legal rights are not affected if you exercise your rights to cancel or by the operation of any other terms in these terms and conditions. Advice about your legal rights, including your right to cancel the contract, is available from your local Citizens' Advice Bureau or Trading Standards office.
1.1 The Website offers gift vouchers for sale.
1.2 No contract for the sale of any Gift Voucher will subsist between you and The Westin Cape Town unless and until The Westin Cape Town accepts your order by way of an email (issued by SK Chase) detailing that payment has been received in full, the content of the Gift Voucher purchased and confirming your details (the "Confirmation"). That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time SK Chase (on behalf of The Westin Cape Town) sends the Confirmation to you.. The Confirmation amounts to an acceptance by The Westin Cape Town of your offer to buy Gift Voucher(s) from Customer or a third party supplier that is engaged by The Westin Cape Town.
1.3 You must check that the details of the Confirmation are correct as soon as possible and you should print out and keep a copy of it.
1.4 If purchasing a Gift Voucher through the Website or on the telephone, payment shall be taken on our behalf by SK Chase as agent for us by credit or debit card. You can make payments with the following cards: Mastercard, Visa, Delta, American Express, Switch or Solo). Please note that any payments deducted by SK Chase from your account, or refunded back to you will appear on your statement as being from SK Chase. It may be possible to purchase a Gift Voucher in person from The Westin Cape Town, in which case you can make payment by cheque, cash or PDQ machine and you shall receive a receipt from The Westin Cape Town.
1.5 You undertake that all details you provide to The Westin Cape Town and SK Chase 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 are sufficient funds to cover the cost of the Gift Voucher ordered.
1.6 In order to protect your details during ordering, the Website uses a software package known as Secured Sockets Layer (SSL), which is indicated by a padlock which will appear in the bottom left hand corner of the web browser (grey border area of the screen).
- Issuing Gift Vouchers
2.1 Each Gift Voucher sold is subject to terms and conditions of use which can be viewed on the Website alongside each individual Gift Voucher which shall apply in addition to the terms in these Consumer Terms and Conditions. All prices on the Website are inclusive of VAT (where applicable).
2.2 Once your order has been processed by SK Chase (on our behalf), SK Chase shall be responsible for issuing, posting first class (or special delivery, airmail or international signed for if requested) and performing any other terms set out in the Confirmation. Please allow seven (7) days for UK delivery during peak postal time. There is no dispatch or delivery on UK bank holidays or weekends. Please note that delivery is by Royal Mail therefore neither The Westin Cape Town nor SK Chase can be held responsible for delays caused by the postal system. Neither The Westin Cape Town nor SK Chase accept liability for any delay which may occur in the delivery times which are due to circumstances outside its control. You may cancel an order in such circumstances. To cancel your order, please contact SK Chase by email at email@example.com or by phone at 0344 371 0071.
2.3 You may either choose to collect your voucher from The Westin Cape Town (where available), postal delivery or email (where available). In respect of postal deliveries, SK Chase uses Royal Mail to deliver your order. Please note that postage and packaging charges are not included in the Gift Voucher prices. Any postage and packaging charges which apply are advised to you during the check-out and ordering process before you confirm your order.
2.4 Orders will be dispatched in accordance with the following timescale:
- 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, the order will be dispatched the next working day.
2.5 The following mailing options are available to customers ordering from the UK:
- UK 1st class delivery - standard Royal Mail UK 1st class delivery service. Please then allow 5 working days for the Gift Voucher to be delivered by Royal Mail. Please note that UK First Class post does not guarantee delivery within above timescales, and cannot be traced if it goes missing.
- 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 Monday.
- Airmail - standard Royal Mail Airmail delivery. This should be selected for any overseas Gift Voucher orders.
- International Signed For - standard Royal Mail Recorded Overseas delivery. As with UK Special delivery the delivery is recorded and a signature is required upon delivery. If you use International Signed For with Airmail delivery, Royal Mail has a target time of within five working days to Western Europe, six working days to Eastern Europe and seven working days for the rest of the world. By Surface mail, it may take up to two weeks for Western Europe, four weeks for Eastern Europe, and up to eight weeks elsewhere. If your item is not delivered, please allow up to 25 days after posting before you consider it lost. This is because your item may have been held in customs or be in the process of being returned to sender if it could not be delivered for some reason.
- Email (Where Available) - An automatic email with a Gift Voucher link will be sent as soon as the transaction is completed. This can be sent to either the purchaser or the recipient. 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. If an email delivery fails we will attempt to contact you to advise that the email has been returned to us 'undelivered' and will try to get another email address. If you have difficulty opening your Gift Voucher link please see below.
2.6 On some occasions where SK Chase has dispatched your Gift Voucher order it gets lost in the post. If you have not received your order 5 days after placing the order (or 25 days in the case of International Signed For delivery), please contact SK Chase in accordance with the contact details set out in clause 4.1. SK Chase may need to cancel your original order and issue you with a new Gift Voucher. In this situation you should destroy the original Gift Voucher if it is eventually received as it will no longer be valid.
2.7 If the delivery deadline for any Gift Vouchers is missed and any of the following apply, then you may cancel your order straight away:
- SK Chase (or The Westin Cape Town) has refused to deliver the Gift Voucher;
- delivery within the delivery deadline was essential (taking into account all relevant circumstances); or
- you told SK Chase (or The Westin Cape Town) before The Westin Cape Town accepted 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 2.7, you can give SK Chase (acting as The Westin Cape Town's agent) a new deadline for delivery, which must be reasonable, and you can cancel your order if the new deadline is not met.
If you do choose to cancel your order for late delivery under this clause 2.7 and you have ordered more than one Gift Voucher, you can cancel in respect of one Gift Voucher or all of the Gift Vouchers, unless splitting them up would significantly reduce their value. After you cancel your order SK Chase (on behalf of The Westin Cape Town) will refund any sums you have paid to SK Chase for the cancelled Gift Voucher and its delivery.
3.1 Please remember that, in addition to the terms included in these Consumer Terms and Conditions, the terms and conditions which will apply to each Gift Voucher will be individual to each Gift Voucher and can be viewed on the Website alongside each individual Gift Voucher. The following provisions in this section 3 will apply in respect of all Gift Vouchers, unless:
(a) the Gift Voucher is for a specified date or period of performance; or
(b) the Gift Voucher is for:
- any products made to your specification or clearly personalised;
- newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications;
- any goods which are liable to deteriorate or expire rapidly (such as food or fresh flowers);
- any alcoholic beverages where (i) their price has been agreed at the time of the conclusion of the contract; (ii) the delivery of them can only take place after 30 days, and their value is dependent on fluctuations in the market which cannot be controlled by the trader; or
- software, DVDs or CDs which have a security seal which you have opened or unsealed,
in which case the Gift Voucher is non-refundable and non-transferable unless otherwise agreed by The Westin Cape Town.
3.3 All specific arrangements regarding booking dates and times must be made directly with The Westin Cape Town, and you should reconfirm any arrangements made with The Westin Cape Town a few days before the event to avoid disappointment. The Westin Cape Town will use all reasonable endeavours to meet your request but cannot guarantee any specific date or time.
3.4 Nothing in the Consumer Terms and Conditions or any additional terms and conditions applicable to a Gift Voucher alter or affect your statutory rights (including your right to receive a refund for faulty or mis-described Gift Vouchers).
3.5 Under the Consumer Protection Contracts Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order with The Westin Cape Town starting from the date that SK Chase sends you the dispatch confirmation (which is when the contract is formed with The Westin Cape Town), 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.
3.6 If you wish to cancel your order either before or after you receive the Gift Voucher, you must notify SK Chase within the Cancellation Period that you have decided to cancel the contract. The easiest way to do this is to contact SK Chase in accordance with clause 4.1. If you decide to cancel by email, your cancellation will be effective from the date you sent SK Chase the email.
3.7 Should you cancel the contract within the Cancellation Period, SK Chase (on behalf of The Westin Cape Town) will then refund you the price you have paid for the Gift Voucher(s) within 14 days after the day on which SK Chase receives the notice of cancellation from you (irrespective or not of whether you have received the Gift Voucher.)
3.8 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 mis-described, in which case SK Chase (on behalf of The Westin Cape Town) will refund the delivery charges (if the postal delivery option was chosen). 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 Gift Voucher which you have cancelled, you should destroy it. If SK Chase finds, after it has received your notice of cancellation, that the Gift Voucher has been used 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 Westin Cape Town. If your query relates to payment please direct your queries to SK Chase.
You can contact The Westin Cape Town at +27 21 412 9999 or firstname.lastname@example.org and SK Chase at 0344 371 0071 or email@example.com.
5.1 This section applies only to the extent permitted by law. For the avoidance of doubt, The Westin Cape Town does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from The Westin Cape Town' negligence or wilful default, or that of The Westin Cape Town' employees, agents or subcontractor or (b) fraud or fraudulent misrepresentation.
5.2 In the event that The Westin Cape Town breaches its contract with you, The Westin Cape Town shall be responsible only for refunding the cost of the Gift Voucher. The Westin Cape Town shall not be liable to pay any other compensation or losses suffered by you as a consequence of The Westin Cape Town' breach of contract.
5.3 The Westin Cape Town agrees to provide the services for which the Gift Voucher was purchased in accordance with the description on the Website and the The Westin Cape Town website (if applicable), at all times with reasonable skill and care. The Westin Cape Town makes no other warranty or representation.
The Website is protected by copyright, and other intellectual property rights and laws. We or SK Chase are the owner or the licensee of all copyright, trade marks, design rights, patents and other intellectual property rights on this Website, and the material published on it. You may view the Website 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.
By accessing and using the Website, or any of the information on it, you acknowledge that, while reasonable endeavours have been used to ensure that all information contained on the Website is correct, accurate and up to date, neither SK Chase nor The Westin Cape Town make any warranties, representations or undertakings that the material on the Website 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).
- Governing Law and Jurisdiction
The Website and these Consumer Terms and Conditions are governed by the laws of Scotland. You agree to submit to the exclusive jurisdiction of the Scottish courts in all matters relating to such use of the Website and in relation to these Consumer Terms and Conditions. If any provision of these Consumer Terms and Conditions is found by a court of competent jurisdiction to be invalid you agree that the other provisions of these Consumer Terms and Conditions will remain in full force and effect in so far as possible. If you access the Website from outside the UK you are responsible for compliance with any local laws relating to access.