Membership Terms and Conditions
Member Terms and Conditions: Version 1.0
(collectively, the “Terms and Conditions” or “Agreement”) sets out the terms on which Ultimate Travel Club Ltd (“UTC”, “we” “us” or “our” provides services to each UTC member (“Member”, “Subscriber”, “Traveler”, and “You”) who subscribes as a member in the UTC program per the terms of this Agreement.
By subscribing the Member acknowledges and agrees to be bound by these Terms and Conditions of the UTC program (“Membership” or “Subscription”), which are incorporated herein, and Member accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively “Guests”). Additionally, Member agrees that it is Member’s sole responsibility to inform any traveling companion(s), Guests, or the users of any product or service purchased through UTC of the contents of these Terms and Conditions and all applicable Provider Terms.
SECTION A – MEMBERSHIP
1. WELCOME TO ULTIMATE TRAVEL CLUB1.1 Ultimate Travel Club is a members only travel and lifestyle club which provides its members with a range of discounts and exclusive deals on travel and lifestyle products and services.
1.2 Ultimate Travel Club Limited is a company registered in England under company number 12444675. Our registered office is at West Bush House Hailey Lane, Hailey, Hertford, England, SG13 7NY.
1.3 Please read these Terms and Conditions carefully before subscribing. These Terms and Conditions govern your relationship with us in respect of your use of the Services and how bookings that you wish to make are processed by UTC. It is important that you read and understand the Terms and Conditions before using the Services. If there is anything within the Terms and Conditions that you do not understand, then please contact us on the details given in paragraph 8.1 below to discuss what this means for you.
1.4 By setting up an account or otherwise using or accessing the Services you agree to these Terms and Conditions in relation to any membership benefit or travel offer. If you do not agree to these Terms and Conditions, please do not use the Services or make a booking.
2. YOUR ACCOUNT
2.1 To access the Services, you must register and subscribe with us and set up an account (your “Account”).
2.2 You will be required to set up your Account with an email address and password.
2.3 When creating a password, we encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols). You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us on the details given in paragraph 8.1 below straight away to let us know.
2.5 Once you have created your Account and we have informed you of this, you become a member of Ultimate Travel Club (a “Member”).
2.6 You must be at least 18 years of age and capable in your country of residence of entering into a legally binding agreement to become a Member.
2.7 In the event that you breach these Terms and Conditions, UTC may suspend or terminate your access to the Services and your Account. If your access is suspended or terminated you must not attempt to use the Services under any other name or by using the access credentials of another person even where you have the permission of that person to do so.
2.81. Our technology partner – Vibe – places 2 cookies on all End Users browsers. The first cookie performs 2 functions of session handling and page tracking. It is a session based cookie required to track an End User’s progress through a Booking – using this unique identifier, Vibe may log and track the pages the End User visits as content is served to them. The second cookie is a persistent cookie which allows Vibe to connect multiple sessions to link multiple sessions together and to assist with Vibe’s Fraud monitoring system.
2.9 We reserve the right to amend these terms and conditions at any time by giving you notice by posting the amended terms and conditions on our site. However, please note that you will be subject to the terms and conditions in force at the time that you ordered a membership from us, unless any change to these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
2.11 We have a legitimate interest in further processing the information which is provided you at the point of sale for marketing purposes. We may also use your information for other specific legitimate purposes such as:
- To ensure that content from our site is presented in the most effective manner for you and for your computer.
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have either explicitly consented to or we believe you have a legitimate interest in.
- To carry out our obligations arising from any contracts entered into between you and us.
- To allow you to participate in interactive features of our service, when you choose to do so.
- To notify you about changes to our service.
2.12 We may also use your data, or permit selected third parties, such as but not limited to; participating travel providers to use your data to provide you with information about goods and services which may be of interest to you and we may contact you about these by post or telephone.
2.13 We do not give any warranty for any goods or services accessed through, or displayed on, our site.
2.14 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website (s). For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
2.15 All notices given by you to us must be given to The Operations Director at [email protected] . We may give notice to you at either the e-mail or postal address you provide to us when joining. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
2.16 Failure by us to enforce any of these terms and conditions will not prevent us from subsequently relying on, or enforcing, them.
2.17 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
2.18 A person who is not party to these terms and conditions shall not have any rights under or in connection with it under the Contracts (Rights of Third Parties) Act 1999.
2.19 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these terms and conditions. We each acknowledge that, in entering into these terms and conditions, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Nothing in this clause limits or excludes any liability for fraud.
2.20 This agreement shall be interpreted in accordance with the English law and subject to the non-exclusive jurisdiction of the English Courts.
3.1 By placing an order for a membership through our website, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
3.2 We can only communicate with the member about a membership so any contact with us regarding the membership should only be made by the member. Only the named member can login to the Clubhouse and make use of membership benefits.
3.3 The contract between us will only be formed when you accept the terms and conditions of the membership. This acceptance confirms you agree to go ahead with the service.
3.4 Please note your membership is continuous and is renewed automatically at the end of each membership period. If you are a member issued with an annual membership and have supplied an email address, we will send you an electronic reminder towards the end of your membership term to advise you of the details of the new subscription. Your renewal date is the expiry date shown on your membership account. We will not be liable for any non-receipt of communication from us, including non-receipt of the renewal reminder. You are required to inform us if you change your correspondence address (both email and postal). If you do not want to renew your membership you should contact us by telephone on 0207 183 6750 or by email [email protected] no later than 5pm on the working day preceding the expiry date of your current membership.
3.5 The automatic renewal does not apply to gift purchases or a free trial membership where you are not required to enter your payment details to redeem.
3.6 The 14-day cooling-off period starts the day after you agree to go ahead with the service. This does not apply to subsequent renewals. From time to time certain promotions may have different requirements regarding the cancellation period.
3.7 To cancel your membership, please call us on 0207 183 6750, Monday to Friday 9.00am to 5.00pm. Upon cancellation, you will receive a confirmation email; it is recommended that this is kept for your own personal records.
3.8 If you cancel your membership within the cooling off period, you will be entitled to a refund of your membership, less a pro-rata charge for the period of cover and any benefits you have used or activated. Subject to any other statutory rights you may have, we do not provide refunds for any cancellations after the expiry of the cooling off period.
3.9Calls may be recorded for training & quality purposes. Should you wish to have a copy of the call recording provided to you then we would be able to accommodate this as part of a Subject Access Request. Please contact [email protected] with the date and approximate time of the call and the telephone number from which the call was made. Once we receive the details we need, we will endeavour to provide the recording to you within 30 days.
4. SUBSCRIPTION PRICING
4.1 The price of the membership will be as quoted on our site from time to time, except in cases of obvious error.
4.2 Prices include VAT.
4.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you confirmation.
4.4 Payment must be by credit or debit card, or by such other method as we may agree from time to time. We will charge your credit or debit card when your order is placed.
4.5 Once your order has been accepted we aim to dispatch your welcome pack within 7 days. If you do not receive your welcome pack, you must contact us within 30 days to request a replacement.
5 TRAVEL CREDIT
5.1 UTC uses travel credits as a form of rewards and incentives for members of the travel club. There are three types of travel credit.
- Membership Travel Credits
- Booking Travel Credits
- Incentive Travel Credits
5.2 Travel credits are awarded to members on some monthly subscription plans are will be issued on the first day of each new membership month and based on the tier of membership. These are called membership travel credits.
5.3 Membership travel credits are awarded as follows:
- Travel Monthly Tier – £10 per month
- Travel Plus Monthly Tier – £10 per month
5.4 UTC reserve the right to alter the Membership travel credits awarded; if the value of the credit is reduced 30 day’s notice will be given to members ahead of the next subscription month starting.
5.5 From time to time UTC may increase the membership travel credits to support an incentive program for some or all of the membership database. In such instances no advance notice will be required.
5.6 Membership travel credits expire within 24 months of being awarded, or on termination of membership.
5.7 Travel credits can be used towards deposit, full or part payment of travel services for bookings made online via our website and over the telephone with one of our travel advisors for hotels, other accommodation, car hire, airport parking, transfers, and attractions, but excluding any bookings that include a flight. You can earn Travel Credit when making bookings that include flights, but due to ATOL licensing rules you cannot redeem your Travel Credit towards the total cost of a booking that includes a flight(s).
5.8 Travel credits cannot be used towards non travel products or as payment towards future membership subscriptions of UTC.
5.9 Booking Travel credits are provided when a member makes a travel booking for a valid travel product or an ancillary product such as transfers or car parking.
5.10 Booking Travel Credits are issued based on 2p for every £1 spent (2% of a booking transaction) for any travel component which is valid. Booking Travel Credits will not be given for any tax, levy or surcharge fees which are pass through charges from suppliers or governments.
5.11 Booking Travel Credits are only issued for completed travel bookings which have been paid in full.
5.12 Booking Travel Credits are valid for 24 months from issue
5.13 Booking Travel Credits expire on termination of membership and have no monetary value once they expire.
5.14 From time to time we run incentive programmes or offers whereby if you take certain actions (such as accepting credit instead of a refund for a refundable booking, or inviting friends to join the website) you may be able to earn Incentive Travel Credit.
5.15 Where you invite your friends or social media contacts to join UTC as part of an Incentive Programme you may be able to earn travel credit to spend on UTC. There is no limit to the amount of UTC credit you can acquire for such Incentive Programmes. In fact, we would love you to tell all of your friends about us. However, if you try and gain additional UTC credit through falsifying accounts or creating multiple fake accounts, then this will not be considered valid and such credits will be cancelled when detected.
5.16 Incentive travel credits will be applied to your account 90 days after the completed activity.
5.16 If you gain credit through an Incentive Programme for booking a holiday through the Service in a valid manner, then such travel credit will remain in your Account for up to 24 months (unless an earlier expiry date is specified), at which point any credit within your Account will be automatically deleted.
5.17 Any travel credit gained through an Incentive Programme may only be used for the purposes of booking travel available on the UTC website and cannot be converted into cash.
5.18 To the extent that any bookings purchased with travel credit are cancelled and refunded the value of the credit used will be refunded in cash and not travel credit.
6.1 You are required to have an active subscription to maintain access to the club. Should your subscription fail, you will be provided with 7 days grace period to update your payment details before access is withheld.
6.2 When access is withheld, your login to the members clubhouse will be removed and any historical travel transactions, future reservations and travel credit will not be accessible.
6.3 You will be able to reactivate your membership for 28 days, which will enable you to continue your membership and gain access to your travel credits.
6.4 After 28 days from when your membership ended, your account details and booking history will be deleted from the clubhouse. All outstanding travel credits will be forfeited.
6.5. Upon ending your membership, any forthcoming travel reservations will be honoured – but you will need to contact reservations by telephone to amend or cancel your booking(s).
6.6 Should you wish to modify a future reservation – any changes will incur charges at the prevailing rate – and access to discounted travel products will not be made available.
6.7 Should your membership include additional benefits, such as airport lounge passes or discounted restaurant membership – access to these services will be removed.
SECTION B – BENEFITS
1.1 The range of benefits available to you members is dependent on your tier of membership.
2.1 UTC act as an agent for Alfendo Ltd “Travel Provider”. This means that we act on behalf of Alfendo and provide a platform through which you can enter into a contract with Alfendo for the provision of the travel services. The named member must be the lead passenger on all travel bookings.
2.2 For the avoidance of doubt, ‘Travel Services’ includes the provision of travel and package holidays, organised or combined by third party Travel Providers (“Third Party Package Holidays”). For such bookings, UTC does not directly enter into a contract with you to provide any Third Party Package Holiday or Travel Offer you purchase.
2.3 We do not act as an agent for you in relation to negotiating or concluding any contract between you and any Travel Provider. Your contract for the Travel Services is with the Travel Provider. As such, these Terms and Conditions govern your use of our Services but the provision of the Travel Services you purchase will be subject to the travel booking terms and conditions provided by the Travel Provider, any additional booking conditions made available to you just before you pay for a Travel Service and the terms and conditions of the Travel Provider (the “Travel Booking T&Cs”).
2.4 By using the Services to purchase Travel from a Travel Provider, you agree to the Travel Booking T&Cs and you agree that you are contracting directly with the Travel Provider in relation to the Travel Offer purchased.
2.5 UTC does not itself own or provide any of the services, facilities or travel arrangements. These are all provided by the Travel Providers. If, after purchasing a Travel Service, you have any queries or concerns about the Travel Service, please contact the Travel Provider directly.
2.6 As your contract for the Travel Service will be between you and the Travel Provider, we will not be in any way responsible for the delivery of the Travel Service. As such, we do not accept any responsibility or liability for any loss you suffer as a result of availing yourself of the Travel Service.
2.7 The lead name on the booking will be the person responsible for the booking (the “Lead Name”). The Lead Name shall be responsible for paying the deposit and the full price, for making any amendment and cancellation requests, for the payment of any additional charges in relation to such requests and for all other matters concerning the booking, in accordance with these Terms and Conditions. The Lead Name also confirms that the details provided for all other parties to the booking are full and accurate, that those other parties agree to be bound by these Terms and Conditions and that the Lead Name has the authority to accept and does accept these Terms and Conditions on behalf of all persons in the booking. The Lead Name must be at least 18 years old at the time of booking.
2.8 All the Third Party Package Holidays we promote are protected by the third party package organiser (the Travel Provider).
2.9 When you buy an ATOL protected flight or flight inclusive holiday from the Travel Provider you will receive an ATOL Certificate after making payment. 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.
2.10 The Travel Provider, or the suppliers identified on your ATOL Certificate, will provide you with the travel services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither the Travel Providers nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the travel 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).
2.11 If the Travel Provider, or the suppliers identified on your ATOL certificate, are unable to provide the travel 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 travel services, including any claim against the Travel Provider, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be reassigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
2.40. RESOLVING DISPUTES
2.41 If you are unhappy with any aspect of the Travel Service or Package Holiday that you have booked and wish to complain, then please raise this with the relevant Travel Provider directly at the time so that they can try to address any issues raised by you during the course of your holiday. It is important you advise us as well as the Travel Provider so we can both help to put things right without delay. We believe it is better for everyone to resolve problems that arise during your holiday promptly so that you can enjoy your holiday. Please see our FAQs for further details on how to complain directly to a Travel Provider.
2.42 However, if you have a dispute with UTC, in the first instance please contact us at the details given in paragraph 8.1 below and attempt to resolve the dispute with us informally.
2.43 In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.
2.44 Please note that a failure to advise us/Travel Providers of problems whilst on holiday, as described above, deprives both us and the Travel Providers of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract including reducing any compensation due, potentially to zero.
2.46 It is important that you have sufficient insurance in place to cover you (and your group) whilst you are away and it is a condition of your booking that you have such suitable insurance cover in place. Please ensure that you have a valid travel insurance policy in place from the time of booking, to cover you for the countries and activities you may be undertaking on your holiday.
3. LIFESTYLE – RESTAURANTS, CINEMA and DAYS OUT
3.1 Restaurant discounts and availability is available to members on Lifestyle and Corporate membership Tiers.
3.2 Offers advertised are provided by Gourmet Society (Gourmet Society is owned and operated by Simard Limited, a company registered in England and Wales under company number 06655278 with its registered office at Fifth Floor, 9 Portland Street, Manchester, Lancashire, M1 3BE. The VAT number is 220 9026 46) and are only available to members who present a valid membership. Such offers are not available in conjunction with any other offers that participating restaurants may be running, which may include set menus or a food offering outside of the a la carte menu.
3.3 The expiry date of each membership will vary and will always be checked at each restaurant. Expired memberships are not accepted by participating restaurants. Memberships are strictly non-transferable and can only be used by named members and their dining partners, up to the limit specified by participating restaurants on our site. Any attempted misuse of the memberships may result in confiscation.
3.4 We will use reasonable endeavours to update our site to show the particulars of participating restaurants and the terms of their availability. Participating restaurants may, however, be entitled to withdraw or to change the terms and conditions of their availability after you have become a member and we shall have no liability for any such withdrawals or changes in terms and conditions or availability.
3.5 Members will have the benefit of any additional restaurants which join at a later date and any increase in availability of participating restaurants.
3.6 Any printed marketing material is intended as a guide about restaurants who are participating at the time of publication and, therefore, may not include all participating restaurants at any one time. Participating restaurants may exclude celebration days (including but not limited to Mothers’ Day, Fathers’ Day and Valentine’s Day) and bank holidays. Please check our site and also refer to individual restaurant pages, as other exclusions may apply.
3.7 Participating restaurants may check the validity of your membership
3.8 Plus Benefits. Our plus benefits contain material submitted and created by 3rd parties. We exclude all liability for any illegality arising from or error, omission or inaccuracy in such material and we take no responsibility for such material.
3.9 We reserve the right to amend our plus benefits offers terms and conditions at any time by giving you notice by posting the amended terms and conditions on our site. However, please note that you will be subject to the terms and conditions in force at the time that you claim an offer from the 3rd party.
3.10 We will use reasonable endeavours to update our plus benefits site to show the particulars of our featured offers and the terms of their availability. Participating offers and discounts may, however, be entitled to withdraw from our plus benefits or to change the terms and conditions of their availability after you have claimed the offer and we shall have no liability for any such withdrawals or changes in terms and conditions or availability, which must be resolved between you and the offer provider.
3.11 Our liability. If we fail to comply with these terms and conditions, our liability to you will be limited to the membership fee.
3.12 We will not be liable for any losses that result from our failure to comply with these terms and conditions that fall into the following categories:
- Loss of income or revenue;
- Loss of business;
- Loss of profits; or
- Loss of anticipated savings.
- Nothing in this agreement excludes or limits our liability for:
- Death or personal injury caused by our negligence;
- Fraud or fraudulent misrepresentation;
- Any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
3.13 Where you receive services and/or purchase food from any participating restaurant, any losses or liability arising out of, or in connection with, such services and/or food shall be the relevant participating restaurant’s liability. We accept no liability for any bad experiences or bad food at any of the participating restaurants. We will not become involved in any dispute between you and any restaurant.
SECTION C – GENERAL
1 EACH OF THESE TERMS OPERATES INDEPENDENTLY
1.1 Each of the paragraphs of these Terms and Conditions operates separately. If any court or any other relevant authority decides that any of these paragraphs (or any part therein) are unlawful or unenforceable, the remaining paragraphs (and parts therein) will remain in full force and effect.
2. ENTIRE AGREEMENT
2.1 These Terms and Conditions, your booking confirmation and the relevant Travel Provider(s)’ terms and conditions set out the written terms of our contract with you for the provision of the Services. You are not relying upon any other statement, promise or assurance in relation to your booking.
3 UPDATING THESE TERMS AND CONDITIONS
3.1 We may modify or update these Terms and Conditions from time to time at our sole discretion and for reasons including (without limitation):
(a) changes in how our business operates;
(b) changes in the legal or regulatory requirements that we must comply with; or
(c) changes in how we accept payment from you.
3.2 We will notify you of any material changes to these Terms and Conditions either using the usual method of communication we use to contact you or using a notice on our website or app. For the avoidance of doubt, this does not apply to confirmed bookings.
4. RIGHTS OF THIRD PARTIES
4.1 Any contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms, with the exception of the rights provided for the Travel Providers, suppliers and Air Travel Trust Trustees.
5 TRANSFER OF OUR RIGHTS
5.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the contract.
6. NO WAIVER
6.1 If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you immediately, we can still require you to make the payment at a later date.
7. LAW AND JURISDICTION
7.1 These Terms and Conditions and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
7.2 You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions or their subject matter or formation.
7.3 If you are a resident of an EU country other than England and Wales, you may also bring proceedings in your country of residence under the laws of that country.
8 CONTACT US AND CONTACTING YOU
8.1 If you have any queries about these terms, please contact us through our online form, send us an email at [email protected] or contact us on the phone: 0207 183 6750. We’ll be here to help.
8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your booking.