Terms and Conditions
- Our Contract
- Membership of the Service
- Our Services
- Governing Law and Jurisdiction
This website ('Site') is owned and operated by Ten Lifestyle Management Limited (trading as the Ten Group) and referred to as 'Ten' throughout these terms and conditions of use. Ten is a lifestyle concierge company registered in England and Wales (registration number 4688658 VAT number GB 115 1330 68 ) whose registered address is: 2nd Floor, Fitzroy House, 355 Euston Road, London NW1 3AL. Ten provides concierge services ('the Service') to individuals and groups referred to collectively and individually as ‘Members’ for the purposes of these terms and conditions.
The Service is provided primarily through this online platform, an online knowledge base (TenMAID), personalised advice received via phone or email and third party services provided by Non-Partnered Suppliers and Partnered Suppliers referred to as 'Suppliers' throughout these terms and conditions.
Partnered Suppliers are fully audited by Ten and accept Ten’s terms and conditions of business.
The following terms govern the content of and relate to your use of the website under the domain www.tenconcierge.com (the ‘Site’) and the information and support services that we provide for members.
- Our Contract
Please read these terms carefully before using the Site. Ten reserves the right to change the Terms and Conditions from time to time at its sole discretion and your use of the Site will be subject to the most current version of the terms posted on the Site at the time of such use. We recommend that you read through the Terms and Conditions from time to time so that you can be sure that you are aware of the latest version.
- A Guest Member is a user of our full Site who is invited to use our services on a trial basis.
- A Ten Member is a user of the Site who has registered for the site by logging in with their user name and password.
- As a Ten Member or Guest Member (referred to as 'Member' throughout these terms and conditions) when visiting or using the Site and/or any content or materials available, you agree to be bound by these terms which form a legally binding agreement between us (the 'Contract’).
- Ten is regulated by the Data Protection Act 1998 (DPA) (registration number Z7761476).
- Ten acknowledges that it may act as both data processor and data controller, and in accordance with the DPA and under these terms and conditions the Member provides the requisite consent so as to enable the processing of the Member’s personal data by Ten in order to allow it to perform the Services.
- Any payment transactions carried out by us or our third party payment processing services have regulatory compliance with FCA, SEPA and Schemes and are secure with PCI-DSS, PA-DSS and P2PE.
- Membership of the Service
2.1 Access to the Service
- The initial Membership period of 12 months will commence from the time the Member's application to join the Service is accepted by Ten. On the expiry of the initial and each subsequent Membership period, Membership will automatically renew for an additional period subject to these terms and conditions.
- Membership is subject to the membership type which dictates your annual request allowance to be used within that membership year.
- Use of the service is granted in good faith for the personal assistance of the member.
- Members agree to use best endeavours to provide true, accurate, current and complete information when providing details to Ten.
- Members agree to notify Ten as soon as reasonably practicable of any changes to the information provided.
- Members agree to inform Ten and any relevant supplier or other service professional if they wish to cancel or alter any booking or purchase made or if they will be unable to honour any appointment.
- Members agree not to impersonate any other person or entity or to use a false name they are not authorised to use.
- Members agree to take responsibility for ensuring that any individual covered under their Membership complies with these terms and conditions and that any non-compliance by the individual will be deemed to be non-compliance by the Member.
2.2 Membership fees, Charges, Cancellations and Renewals
- Members shall pay all Membership charges levied by Ten in accordance with Ten’s prices as previously notified to Members
- Membership charges will be automatically renewed unless a member notifies Ten of their wish to cancel
- Members shall pay any additional charges levied by Ten from time to time. These charges will be agreed in advance with Members. Such charges may include but are not limited to charges for specific complex tasks presented to Members as a 'package'. The scope and extent of packages will be defined and agreed with Members in advance of any additional charge being levied. Additional terms and conditions may apply in these circumstances and will be notified to Members in advance of any additional charge being levied.
- Cancellations and refunds will be carried out within 14 working days from the date of confirmation by us of your acceptance of these Terms and Conditions (‘Cooling Off Period’). You shall be entitled to cancel the service in this cooling off period by phone and we shall reimburse any Membership fee already paid to us.
- Members may cancel their Membership at any time by giving notice not less than one calendar month before the date on which their next payment is due unless they are using the service during an official trial offered by Ten. Members may cancel at any point during an official invitation only trial and will not be charged.
- To cancel, please call +44 2030 564687.
- Membership fees are non-refundable. However Ten may at its absolute discretion elect to refund Membership fees in whole or in part depending on the circumstances relating to the cancellation.
- Ten may cancel any Membership at its absolute discretion for any reason whatsoever and Ten agrees to refund any pre-paid Membership fee from the effective date of cancellation on a pro-rated basis. Either party may terminate this agreement at any time after the occurrence of an event specified below:
- Material breach of this agreement by either party and if the breach is capable of remedy failing to remedy the breach within 30 days starting on the day after receipt of notice from the Other Party giving details of the breach and requiring the Breaching Party to remedy the breach and stating that a failure to remedy the breach may give rise to termination. For the purposes of this section a breach is capable of remedy if time is not of the essence in performance of the obligation and if the Breaching Party can comply with the obligation within the 30 day period. The Breaching Party passing a resolution for its winding up or a court of competent jurisdiction making an order for the Breaching Party's winding up or dissolution. The making of an administration order in relation to the Breaching Party or the appointment of a receiver over or an encumbrancer taking possession of or selling an asset of the Breaching Party. The Breaching Party making an arrangement or composition with its creditors generally or making an application to a court of competent jurisdiction for protection from its creditors generally.
- The making of a bankruptcy order.
- Death of the Member.
- Both Ten and the Member’s rights and obligations cease immediately on termination of this Agreement but termination does not affect either party's accrued rights and obligations at the date of termination.
- Within 30 days of termination of this Agreement Members shall pay all monies still owing to Ten or Supplier at the date of termination.
- In the event that any such outstanding monies are not paid within 30 days of termination these outstanding monies shall immediately be due and may be debited directly from the Member’s bank account or credit card.
2.3 Additional Bundles
- Once a member has utilised their allowance of high touch requests, an additional bundle of requests will be charged automatically, triggered by the first request made outside of the membership plans allowance.
2.4 Promotional Codes
- Only one promotional code can be redeemed per member
- Promotional codes and promotional credits have no cash redemption value and are not transferable
- If the promotional code is specific to a membership tier, then a promotional code can only be redeemed against that membership tier.
- The discount/free period offered will be applied at the checkout after the promotional code has been entered
- Discount offers are only valid on the price of membership
- The free one month trial offer is subject to a maximum of 5 high touch requests only. A request is defined in the FAQ document.
- Ten Lifestyle Management Ltd reserve the right to withdraw any promotional codes and offers without warning
- Only one promotional code can be redeemed at any one time
- Potential members can only utilise one free trial even if they have multiple promotional codes available to them
- Our Services
Services we provide via the Site include: (a) the provision of access to articles and other content we publish on our Site; (b) the facility to search for Suppliers and Partnered Suppliers and where applicable book services with said Suppliers; (c) the ability to request to be updated on specific information; (d) the ability to brief in a new request to the lifestyle concierge service; (e) such other services as we elect to provide from the Site from time to time (together the ‘Services’).
The Site also has contact telephone numbers for Members to be able to call and speak to a Lifestyle Manager. Please note that telephone calls to Ten may be monitored for training and quality control purposes
We reserve the right at any time and from time to time to modify the Services we provide and to add or remove content.
Where there are specific terms and conditions for different Services provided via the site, these are outlined below:
- When a booking is made for you (the Member) with a Supplier, you will be bound by the Supplier’s terms and conditions including their cancellation policy.
- These terms and conditions may be included in your booking confirmation but can also be found on the website of the Supplier.
- Please read the Supplier's terms and conditions carefully as they form the contract between you and the Supplier for the supply of the relevant services.
- Ten reserves the right to deny restaurant reservation requests from Members if Members repeatedly fail to show up for bookings or violate Supplier’s cancellation policies.
- You acknowledge that benefits with Suppliers are subject to availability and may change from time to time without notice.
- All tickets are subject to availability.
- The agreement is between you (the Member) and the Supplier when booking tickets via the lifestyle concierge service.
- Once you have given Ten authorisation to purchase tickets, you will be liable to pay the balance of the tickets in full.
- Once tickets are confirmed there will be no refunds or exchanges.
- Please always check both the booking confirmation and tickets you receive and notify Ten of any discrepancies immediately. We will endeavour to solve any problem caused by an error made by Ten, but in other cases we will assist without being held responsible financially.
- Tickets will be considered restricted view only if specified by the Supplier, box office, venue and/or on the physical tickets. Ten will advise if any tickets have restricted view prior to purchase.
- The method and company used for ticket delivery will be selected by the Supplier and Ten. Often tickets will be sent via secure post or courier which will require a signature upon delivery. When delivery is attempted, if you are unavailable you will need to collect from the local sorting office or where appropriate, organise a re-delivery directly with the courier company. Ten will offer support with any deliveries but cannot be held responsible for errors not caused by us.
- Tickets are usually delivered 5-7 days before the event, with the exception of theatre tickets, which are sent immediately after the booking is made. The date upon which tickets are released is controlled by the promoters of the event, who often delay delivery in order to reduce both fraudulent activity and the risk of tickets being misplaced.
- When tickets are purchased through secondary ticket agents, the Supplier will make every effort to deliver them several days before for the event. However, they reserve the right to deliver tickets just 24 hours in advance and on rare occasions may arrange for you to meet a representative at the venue.
- It is your responsibility to advise Ten of any change of address which may affect your booking, or if you plan to be away in the days leading up to the event.
- If tickets are misplaced and originally purchased through a face value box office, tickets can often be duplicated. It is unlikely that tickets will be re-issued prior to the event date and will therefore be a box office collection. In order to collect tickets in this way, the original card holder and the card that was used to purchase the tickets need to be present. Letters of Authorisation are subject to the venue box office’s discretion and in some instances will not be accepted.
- If tickets purchased through secondary ticket agents are misplaced, it is extremely difficult to arrange duplicates or box office collection, since they usually need to be collected by the individual who originally purchased the tickets. If this occurs, we will try our best to arrange for duplicates or collection, but if we are unable to do so we cannot provide a refund.
- If you find you are unable to attend and would like advice on re-selling your tickets, please contact Ten for further information.
- While we will endeavour to update you of any changes made to the date or time of your event, we cannot take responsibility to inform you if an event is cancelled or provide details if it is rearranged. Where tickets are purchased through the secondary market, tickets will usually be valid for the rescheduled date. If you are not able to make the new date, refunds will be made at the Supplier’s discretion. Ten will not be held responsible for any additional financial outlay, such as for accommodation or transport, that occurs as a result of a cancelled or rescheduled date.
- For tickets purchased direct through the box office if the event is cancelled, you will receive a full refund direct from the box office. If the event is postponed, refunds will not be given until a new date has been rescheduled – if you cannot make this new date, then you are entitled to a full refund
- Please ensure you check on your statement that your card has been debited for the amount of your tickets within 3-5 days of booking. If this is not then case then please call Ten to look into this.
- Event timings are always subject to change and Ten will do its best to advise you of these but there can be last minute changes made by the promoters
- In the extremely rare event that a Box Office supplier or secondary market ticket supplier goes bankrupt or does not deliver the tickets, the concierge service cannot accept liability for the loss of tickets. The terms and conditions of the supplier apply and you, the member, will have been made aware of these terms and conditions and accepted them at the point of purchase. However, in such a difficult situation, the concierge service will always act on behalf of the member in the member’s best interests to try to remedy the situation. As a minimum, this will include:
- Advising the member of the Chargeback process, if they have paid by debit or credit card, whereby Visa / MasterCard / Amex go to the vendor to try to re-coup the money. Note that there is a time limit within which this chargeback process is applicable.
- Sourcing alternative tickets to match the original order as closely as possible in terms of location, price and date, if the member chooses to purchase new tickets.
Our agreement with you sets out what you are legally entitled to expect from us and other Suppliers of travel services (for whom we act as a booking agent) when you purchase travel services through us. Because we sell a variety of travel products, you should make sure you understand the terms and conditions which apply to your particular arrangements in addition to these general terms and conditions (which apply to all bookings made through us).
3.3.1 Your Travel Booking
- When you make a booking, you guarantee that as the lead name, you have the authority to accept and do accept, on behalf of your party, these terms and conditions and those of any other suppliers of travel services applicable to your booking.
- It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately.
- Who your contract is with and the legal protections that apply to your booking will depend on the type of arrangements you book. A contract will exist (either between you and us or you and the other suppliers of travel services, as described below) as soon as we issue our confirmation invoice. The types of arrangements we offer are as follows:
Unless otherwise stated on your booking confirmation, your contract will be with us if we sell you a Package. These terms and conditions are incorporated into the contract between you and us in relation to the sale of the Package. Your holiday will be a Package if:
(1) It is a pre-arranged combination of at least two of the following components: a) transport; b) accommodation; and c) other tourist services not ancillary to transport or accommodation which account for a significant part of the arrangements; and;
(2) The services are sold or offered for sale at an inclusive price; and;
(3) The services cover a period of more than 24 hours or include overnight accommodation.
If we sell you a Package, the Package has protection under The Package Travel, Package Holidays and Package Tour Regulations 1992 (Regulations) and The Civil Aviation (Air Travel Organisers' Licensing) Regulations 2012 (ATOL Regulations). Please see the 'Your Financial Protection' section below for what this means.
If you select and purchase a combination of services which are sold by us separately (i.e. not pre-arranged) and which are individually priced, this will not be considered to be a Package. In some circumstances, this may be considered to be a Flight-Plus – please see below for details.
Your arrangement will be a Flight-Plus if you request and we arrange the following for you:
a) A flight (provided that the outbound flight departs from the UK or the flight is into the UK and you have commenced your journey in the UK and departed the UK using another means of transport); and;
b) Accommodation outside the UK or self-drive car hire outside the UK (or both) in connection with the flight, provided that:
(1) The accommodation or self-drive car hire is requested to be booked on the same day, the previous day or the day following the day that you requested to book the flight; and;
(2) The arrangement covers a period of more than 24 hours or includes overnight accommodation.
Other services supplied in connection with the flight which were requested to be booked on the same day, the previous day or the day following the day that you requested to book the flight and which account for a significant proportion of the arrangement (but which are not ancillary to the flight or accommodation) will also be included in the Flight-Plus.
Your arrangement will not be Flight-Plus if your flight begins and ends in the UK or if you are purchasing the flight and other services in the course of your business or trade (i.e. not as a consumer). Your arrangement will stop being a Flight-Plus (and the protections set out in the "Your Financial Protection" section below will not apply to your arrangement) if you cancel any part of your Flight-Plus and, as a result of that cancellation, the requirements set out above are no longer met.
- If we arrange a Flight-Plus for you, the contract for each of the services within the Flight-Plus will be between you and the Supplier(s) of those services.
- The name(s) of any Supplier(s) who will be supplying the services will be stated on your booking confirmation.
- Where the services are supplied by other Suppliers of travel services, we act as a Booking Agent and we accept no responsibility for any errors or omissions made by other suppliers of travel services in relation to the relevant services.
- The relevant Supplier's terms and conditions will apply to the supply of the services by the Supplier to you. These will be provided to you by the relevant Supplier or, if they are not, they are available on request from us or the relevant Supplier.
- Please read the Supplier's terms and conditions carefully as they are incorporated into the contract between you and the supplier for the supply of the relevant services.
Although your contract for the services within the Flight-Plus will not be with us (it will be with the relevant third party Supplier(s)), if we have arranged a Flight-Plus for you, it is protected by the ATOL Regulations. For full details of what this means, please ensure you familiarize yourself with 'Your Financial Protection' section below.
126.96.36.199. Flight Only, Accommodation Only And Other Individual Services
We also offer travel services (including flights, accommodation, excursions) for purchase as individual items (and each of these items are priced separately). If you purchase a flight, accommodation or other services from us as individual items (i.e. not as a Package or a Flight-Plus arrangement), the contract for the relevant service will be between you and the supplier(s) of those services. The name(s) of any supplier(s) who will be supplying the services will be stated in your itinerary.
- In the case of Flight-Only services, we act as an Airline Ticket Agent on behalf of the relevant airline. In the case of accommodation only and other individual services, we act as a Booking Agent. In either case, we accept no responsibility for any errors or omissions made by an airline or other supplier of travel services in relation to the relevant services.
- The airline and other suppliers' terms and conditions will apply to the supply of the services by the airline and/or any other suppliers to you. These will be provided to you by the airline or other suppliers or, if they are not, they are available on request from us or the relevant airline or other suppliers of travel services.
- Please read the airline and any other suppliers' terms and conditions carefully as they are incorporated into the contract between you and the airline and/or the other supplier of travel services for the supply of the relevant services.
- Unless otherwise stated in your booking confirmation, Flight-Only, accommodation only and other individual services are not covered by the Regulations or the ATOL Regulations and the protection described in the "Your Financial Protection" section below does not apply to these services.
188.8.131.52 Car Hire
Ten facilitates bookings for car rental services. Ten does not own or operate any car rental companies. Your contract for car rental will be between you and the car rental Supplier.
- Please review the Supplier terms and conditions carefully to ensure you understand what the rate includes as each Supplier has different policies regarding unlimited mileage, collision damage waiver and optional extras such as insurance and car seats.
- Prices quoted are subject to availability and rates cannot be guaranteed until payment has been taken and the booking confirmed. We always advise you to book as soon as possible, as prices can change quickly, particularly for peak season rentals (e.g. school holidays or Christmas).
- Vehicle type cannot be guaranteed. Specific models within a car class vary in availability. Some Suppliers may offer a vehicle guarantee for certain models, but unless this is specified, quotations will always be provided as ‘or similar’.
- All vehicles are categorised by seat number not space. If you are planning on taking a lot of luggage or require a spacious vehicle due to number of passengers, we advise you to book a vehicle type larger than you think you may need. For example: 7 seater vehicles can be classed as a ‘5 seater + 2 seats ’ – which means 2 of the seats can be fold down seats in the boot, so if you do need room for passengers and luggage, it is best to book a larger vehicle.
- Always ensure you have the valid documents to collect your vehicle before you book. Please also note that each Supplier will operate different terms and conditions for delivery/collection. Not all Suppliers can honour a specific drop off/collection time, and will require several forms of identification, including both parts of UK driving licence, credit card and utility bills in the name of the main driver and registered to the driving licence address. Different rules will apply to international delivery/collection, but all will require at least 48-72 hours to confirm, as the local office has to accept the request.
- Please note that if you are collecting a vehicle in one location but returning it to a different location, a one-way fee may apply and is often paid for locally
- Please ensure you review the terms and conditions regarding amending or cancelling your booking as not all suppliers will allow you to amend or change your reservation, and fees may apply.
- If you think you may be late to collect your vehicle you must inform the Supplier, even if only by 1 hour, as you can lose your booking and no refunds will be issued. Some Suppliers will monitor your flight, but not all have the capacity to remain open after hours
3.3.2 Your Financial Protection
- All the Package and Flight-Plus holidays we sell come with protection for your money. If you buy a single travel service (such as Flight-Only, accommodation only or other individual services) then this might not apply.
- Our Package and Flight-Plus holidays are ATOL-protected (our ATOL number is 9804). If we are not the organiser of your Package, the Package is still protected by the Package organiser and we will provide you with their confirmation.
- 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. On all Flight-Plus holiday arrangements, your money is ATOL protected meaning that you will be able to continue with your holiday or receive a refund of the amount paid to us in the unlikely event of our insolvency or the insolvency of your suppliers. Please note however that we have no liability beyond that for insolvency as set out in the ATOL scheme, because we act as agent of the suppliers.
- The price of our Packages and Flight-Plus holidays includes the amount of 2.50 GBP per person as part of the ATOL Protection Contribution (APC). This amount is paid to the Civil Aviation Authority (CAA) as part of the ATOL scheme. This charge is included in our advertised prices for Packages and Flight-Plus arrangements.
In respect of our Flight-Plus and Package holidays, we are obliged to tell you:
- 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).
- 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.
For further information visit the ATOL website at www.atol.org.uk.
3.3.3 Deposits and Payment
- Deposits are non-refundable.
- Payment of a deposit enables us to hold a reservation for you but does not guarantee the price.
- The price can only be guaranteed once we receive full payment and tickets and/or other travel documents have been issued. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
- If payment for your booking is made by credit card, an administration fee may be payable.
- After full payment, if we are your Booking Agent or Airline Ticket Agent, the conditions of the contract with your airline or other Supplier of travel services may permit them to increase the cost of your arrangements. We will pass on the details of any such increase to you and we will collect the additional amounts from you on behalf of the airline or other Supplier of travel services (as their agent).
- If we have arranged a Package for you, changes in transportation costs including the cost of fuel, taxes, fees and exchange rates mean that the price of your Package may change after you have paid in full. You will not be charged for any increase equivalent to 2% or less of the price of your Package. You will be charged for any amount over and above that. No price increases will be charged to you in the period of 30 days or less prior to your departure date.
- Our general practice is to send documents to our members electronically whenever possible.
- We reserve the right to charge an administration fee should you make a request for such documents to be sent as hard copy.
- Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage and so on.
3.3.5 Cancellations and Changes
- If we are your Booking Agent or Airline Ticket Agent, your contract with your airline or other Supplier of travel services may permit them to cancel or amend bookings.
- We will ensure that you are promptly notified of any significant changes to your booking, but we accept no liability for any changes or costs incurred which may result.
- If you have booked a Package and we make a significant change to your booking, we will inform you as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us (we will refund any price difference if the alternative has a lower value), or cancelling your booked arrangements and receiving a full refund. We will pay compensation in respect of any significant changes that we make to your booking, using the scale below. These may include (but are not limited to) the following changes: a change in accommodation to that of a lower official category, a change of UK departure airport (except between London airports), a change of supplier, a change in the time of your departure or return flight by more than 12 hours.
Period before departure when a significant change is notified
Compensation payable per person
More than 60 days
Less than 14 days
- This standard payment will not affect your legal or other rights. We will only make one payment for each full fare paying adult in the booking. Any children not paying the full adult fare will receive 50% of the listed amount. If the value of your booking is less than the compensation outlined, we will pay compensation only to the value the booking.
3.3.6 Important Note - Changes Beyond Our Control
- Compensation will not apply if a significant change is made for reasons beyond our control. These reasons include (but are not limited to): war, threat of war, riots, civil disturbances, terrorist activity, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, changes due to rescheduling or cancellation of flights by an airline or alteration of the airline or aircraft type; closed or congested airports or ports, hurricanes and other actual or potential severe weather conditions, and any other similar event.
- If you have booked a flight and we are alerted to a significant schedule change by your airline before you leave the UK, we will contact you by email to advise you of this. Please ensure that you have given us your contact email address and that you regularly check for messages before you leave.
- We have no control over airline schedule changes and we accept no liability for costs which may arise as a result of such changes.
- After you have left the UK, it is your responsibility to check with the airline that any onward flights you have confirmed are operating as booked.
- We strongly recommend that you contact your airline at least 72 hours before the scheduled departure of each flight to do this. Please note that for some airlines it is mandatory to confirm with them your intention to fly.
3.3.7 Our Responsibility For Your Arrangements
Nothing in this section or elsewhere in these terms and conditions is intended to or shall operate to exclude our liability for performance of our obligations under the Regulations and/or the ATOL Regulations.
- In all circumstances, we will not be liable where any failure in the performance of the contract is due to: you (including, without limitation, unacceptable behaviour by you); or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or the other suppliers of travel services, even with all due care, could not foresee or forestall.
- If we have arranged a Package and the contract we have with you is improperly performed by us or the other suppliers of travel services, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements.
- Our liability to you in relation to any Package arranged by us, except in cases involving death or injury caused by our negligence or fraud, shall be limited to a maximum of three times the cost of your Package.
- Our liability will also be limited in accordance with and/or in an identical manner to:
(1) the contractual terms of other Suppliers that provide the transportation and other services for your Package (the terms and conditions of those suppliers are incorporated into our contract with you); and
(2) any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions.
- In relation to Flight-Plus and Flight-Only, accommodation only and other individual services, we have taken all reasonable care to make sure that all the services that make up the arrangements are provided by efficient and reputable suppliers. These suppliers should follow the local and national laws and regulations of the country where the services are provided (however, please be aware that overseas safety standards may be lower than in the UK).
- Except as otherwise stated in these terms and conditions, any relevant international convention and in cases involving death or injury caused by our negligence or fraud, we have no liability to you for the actual performance of the services by the other suppliers of travel services unless it is proved that we have breached our duty to select the suppliers with reasonable care and skill and damage to you has been caused as a result of that breach.
- Please note that any other suppliers of travel services who provide services as part of your arrangement may also limit their liability to you. We cannot accept responsibility for any services which do not form part of the contract between you and us. As such, you are advised to read the terms and conditions of any other suppliers of travel services who are supplying services to you.
- You can ask for copies of the Suppliers' terms and conditions, or the international conventions, from the relevant Supplier or from us.
184.108.40.206 Your Agreement With Us
- By finalising your arrangements with us, you are accepting that these terms and conditions and the terms and conditions of any contract made with any other suppliers of travel services within your arrangements apply to your booking and your travel arrangements. You also consent to our processing personal information about you and other members of your party for the purposes of performing our obligations in relation to your booking (which includes, but is not limited to, giving your personal information to airlines, other suppliers of travel services and public authorities (such as customs or immigration) where this is required for the fulfilment of your arrangements).
- If you travel outside the European Economic Area, controls on data protection may not be as strong as the legal requirements in this country. If we cannot pass this information to the relevant suppliers of travel services, whether in the EEA or not, we will be unable to provide your booking. In making your booking, you consent to this information being passed on to the relevant persons. Your contract with us is subject to the laws and jurisdiction of England and Wales. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland instead.
220.127.116.11 If You Change Your Travel Booking
- Please note that all reservation changes are subject to availability and the terms and conditions of the services purchased. Changes to name details are not allowed by many airlines and other suppliers of travel services. While we do our best to make such a change if necessary, please bear in mind that most airlines and other suppliers of travel services treat a name change as a cancellation, to which standard conditions and cancellation charges apply.
- Flights must be taken in the sequence they appear on your ticket or e-ticket confirmation. If you plan not to take a flight as booked, please contact the airline as far in advance as possible to discuss your options. If you do not check in on time for a confirmed reservation, the airline may register you as ‘no-show’, which could result in extra charges and/or your whole flight itinerary being cancelled and/or render your ticket void.
18.104.22.168 If You Cancel Your Travel Booking
- If you cancel your arrangements, you may be entitled to a partial refund. In addition to any cancellation fees set out in any supplier of travel services' terms and conditions (which may be 100% of the cost of the travel arrangements), we will also charge the cancellation fees outlined on your receipt. We need to receive written notification of cancellation and your original ticket/voucher from you before any refund can be considered.
- If you decide to cancel arrangements before the balance due date, any deposits paid are non-refundable.
- Refunds will only be paid to you once we have received the funds back from the relevant supplier of travel services. Generally flight tickets cannot be refunded if they are partially used.
- If the reason for your cancellation is covered under the terms of your travel insurance policy, you may be able to reclaim your cancellation charges through your insurer.
- If the person paying for the booking (the paying customer) is different from the travelling customer, and the paying customer wishes to cancel or withdraw the funding of any booked tickets, Ten will notify the travelling customer of the paying customer's funding withdrawal and give the travelling customer the option of continuing with the booking, subject to payment of the full cost of the travelling customer’s booked ticket by the travelling customer. If, following this notification, the travelling customer does not pay the full cost of his or her booked ticket, the booked ticket will be cancelled and the amount paid by the paying customer in relation to the booked ticket will be refunded to the paying customer (subject to the relevant supplier of travel services’ terms and conditions and the provisions of previous paragraph of these terms and conditions). Any airline costs/charges associated with the cancellation will be deducted from the refund due to the paying customer. Ten will not charge a cancellation fee in these circumstances.
3.3.8 If You Have A Travel Complaint
- If you have a problem during your holiday, please inform the relevant supplier of travel services (e.g. your hotel, car hire company or airline) immediately. Should they be unable to resolve the matter, please contact Ten.
- If you fail to contact us, we will not be able to investigate your complaint and rectify any error whilst you are away and this may affect your rights under this contract.
- We are a member of ABTA (membership number L8200) and operate according to ABTA’s Code of Conduct. ABTA can also offer you an arbitration scheme for the resolution of disputes involving us or another ABTA member. Further information can be found at www.abta.com.
3.3.9 Passports, Visa and Immigration Requirements
- It is your responsibility to fulfil the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the relevant High Commissions, embassies and/or consulates. We do not accept any responsibility if you are unable to travel due to not complying with any such requirements.
- Travel insurance is an important part of your arrangements. You should take out adequate insurance for the duration of your journey. Travel insurance is a mandatory element of some travel arrangements.
3.3.11 Travel Advice and Vaccinations
- British Citizens should refer to the travel advice posted by the Foreign and Commonwealth Office at www.fco.gov.uk for all the countries you intend to visit. You should take advice about the health precautions you need to take prior to departure.
- Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged necessary vaccinations for your itinerary. Information on health and any vaccinations required to travel is available from your GP and on the Public Health England website: www.gov.uk/government/organisations/public-health-england
- It is your responsibility to behave in a reasonable and responsible manner over the course of your travels, including abiding by any local laws and by-laws. We reserve the right to immediately cancel any travel arrangements in the event of unruly behaviour towards airline/hotel/supplier representatives or other guests and you will be liable in full for cancellation charges and the costs of purchasing replacement accommodation and air tickets.
3.3.12 EU Notice Requirements
- Under EU law (Regulation (EC) 2111/2005), we are required to bring to your attention the existence of a ‘Community List’, which contains details of air carriers that are subject to an operating ban within the EU.The Community List is available for inspection at: http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm
- We are also obliged to notify you of the airline(s) to be used in your booking. For details please see your booking confirmation or itinerary. You will be notified if any carrier changes as soon as possible and in all cases at check-in or at the boarding gate. Please note that a change of carrier is not considered to be a significant change to your arrangements.
- Under EU law (Regulation (EC) 261/2004) you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Details of these rights will be publicised at EU airports and will also be available from your airline. The airlines are responsible for compensating you in these circumstances. Please note that, if affected flights comprise part of a Package arranged on your behalf, any reimbursement from the airline under these regulations will not automatically entitle you to cancel and/or obtain a refund of your Package cost from us. Further information about your rights is available from the CAA: www.caa.co.uk
3.4 At Home
- Upon the member’s request Ten shall exercise reasonable endeavours to offer the member information on services or preferred suppliers that have been vetted to high standards, for example by verifying their insurance, qualifications and professional memberships. Not only that, but additionally Ten will take every effort in obtaining feedback on previous work carried out by the suppliers. However, by using the information given by Ten, members are deemed to be responsible for, and shall use, their own skill and judgement as to the value and suitability of such information and suggestions in relation to the suppliers or services.
- Ten disclaims all responsibility for any loss or damage caused by the Suppliers or for their poor performance.
- In no event shall Ten be liable for any injury, damage, delay or negligence by a Supplier or Member in connection with any of the services or products suggested.
- The Member’s contractual relationship with respect to all service arrangements suggested by Ten shall be specifically with the Supplier, and any claims or losses will be between the Member and the Supplier in accordance with the terms of the Supplier’s contractual agreement.
- The Supplier’s charges for the performance of services will at all times be payable by the member, unless it has been agreed otherwise.
- Ten will not be liable to the member for any direct, indirect, special, incidental, consequential, punitive or exemplary damages (including but not limited to loss of business opportunity, profits or savings) arising in any way related to the use of Ten’s services.
- All prices are correct on the date of quotation but may be subject to Manufacturer changes, Alterations in Dealer Margins, Alterations in the Terms and Conditions of Business, VAT, Road Fund Licence, First Registration or any other Government Taxes.
- Any products or services ordered on your behalf are subject to the standard refund and/or exchange policy of the Third Party Supplier of the purchased product or service
- You acknowledge that benefits with Suppliers are subject to availability and may change from time to time without notice
3.7 Fair Usage Policy
- The following Policy relates to your use of the concierge service provided by Ten Lifestyle Concierge Ltd . It is designed to make sure we can provide you with a service that is trustworthy, fast and reliable.
- You must make sure that any use of the concierge service, by yourself or anyone else via your account, complies with this Policy. If you (or anyone else using the concierge service via your account) breach this Policy, we may: (a) give you a notice to stop or moderate the unacceptable use(s); or (b) terminate or suspend your concierge service, with or without notice as we consider appropriate, under the Terms.
- You must not use the concierge service for the purpose of providing a service of support to anyone other than immediate family members or friends.
- There is no limit on the usage of our online concierge service. However if we feel that your activities are so excessive that other customers are detrimentally affected, we may give you a written notice (by email or otherwise). In extreme circumstances, if the levels of activity do not immediately decrease after the warning, we may terminate or suspend your account.
- Members can ask our experts for advice or to research ideas and options 20 times a year on our Classic plan and 40 times a year on our Dedicated plan. We find that this is enough for most members. If it looks like a member will go over this limit we will proactively contact them to discuss options.
- You’re responsible for all use of the concierge service through your account and for any breach of this Policy whether an unacceptable use occurs or is attempted, whether you knew or should have known about it, whether or not you carried out or attempted the unacceptable use alone, contributed to or acted with others or allowed any unacceptable use to occur by omission.
- Please contact Ten immediately should you be dissatisfied with any aspect of the service you receive and we will undertake to look into the issue within two working days of receipt of notification and to respond to the Member as soon as reasonably practicable.
- We will not be responsible for the failure of any Supplier to provide any goods or services booked on your behalf or the negligence of the third party providing them. However we will make reasonable effort to assist in the resolution of any such issue.
- The material on this site is subject to Ten copyright protection, unless otherwise indicated. Ten copyright-protected material may be reproduced free of charge in any format or media without specific permission, provided the material is for public use and not for profit, material or financial gain. This is subject to the material being reproduced accurately and not being used in a derogatory manner or in a misleading context.
- Where the material is being published or issued to others, the source and copyright status must be acknowledged. The permission to reproduce Ten copyright-protected material does not extend to any material on this site which is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned. If there is a restriction on reproduction, any other proposed use of the material would be subject to the approval of Ten Group. Application should be made to the Associate Director of Content and Innovation, Ten Lifestyle Management Ltd, 2nd Floor, Fitzroy House, 355 Euston Road, London NW1 3AL.
- Ten is not responsible for the content or reliability of websites linked to in Site, and does not necessarily support the views expressed within them. Including a link to a website should not be taken as an endorsement of any kind. Ten cannot guarantee that these links will work all of the time and has no control over availability of the linked pages.
- Ten hereby grants visitors to this World Wide Web site access to these pages conditional upon your agreement to accept the application of the laws of England to govern matters between us in relation to this Site and you agree to indemnify us and not hold us liable for the foreseeable result of any actions you may take based on the information contained herein.
- A notice or other communication under or in connection with this Agreement shall be in writing and shall be delivered personally or sent by first class post, fax or email to the party due to receive the notice or communication at its registered address or the fax or email address specified in writing to the other.
- If any of the above provisions are held to be illegal or unenforceable such provisions shall be severed and the remainder of the Agreement shall remain in full force and effect unless the business purpose of this Agreement is substantially frustrated thereby.
10. Governing Law and Jurisdiction
- This agreement is governed by and shall be construed in accordance with English Law.
- The courts of England have exclusive jurisdiction to hear and decide any suit action or proceedings and to settle any disputes which may arise out of or in connection with this Agreement and for these purposes each party irrevocably submits to the jurisdiction of the courts of England (save in the cases of members based in Scotland in whose case the Scottish courts shall also have jurisdiction)