By creating a user account, you (the “Client”) enter into this Membership Agreement with Charles Warren (trading as Spon Club Travel) (“we”, “us”). This Agreement governs the terms of the Client’s membership. This Agreement also includes Spon Club Travel’s Client Services detailed in Schedule 1.
Except where otherwise specified, Spon Club Travel acts only as an introducer for the services/holidays/trips/travel services we advertise on our Community Platform or website.
1. About Spon Club Travel
We operate a members only web-based community (the “Community Platform”) which is used to promote travel services. All of the travel services that we detail on our Community Platform are provided by independent suppliers, hotels, tour operators or other third parties and it is these suppliers that are responsible for providing, setting or controlling the prices applicable to any of the travel services displayed on our Community Platform.
We have no involvement in, nor control over any of the travel services that are provided by the suppliers and therefore, it is the suppliers that are responsible for providing any travel services that we may feature. Your contract for the travel services will therefore not be with Spon Club Travel.
2. Display and Accuracy of Travel Services
The information, photographs and other descriptive content featured on our Community Platform are collated and written by our own writers. In some cases, some photography or content information may be provided to us by the suppliers. We make reasonable efforts to ensure that all such content provides a fair and accurate representation of the travel services in question, however, all such content is written based on the opinions of our writers and these opinions are therefore subjective.
The nature of our business means that we do not provide any endorsements, representations, guarantees or warranties as to the quality, safety, standard of hygiene of the travel services that we feature. We cannot accept responsibility for any changes or closures to amenities or attractions we mention.
It remains your responsibility to check that you are satisfied with the suitability, adequacy and appropriateness of any travel services that you wish to book.
Please note, it is not possible for us to guarantee the prices that may be displayed on our Community Platform. Whilst we make reasonable efforts to ensure the accuracy of the prices and information provided, prices can and do change and errors do occasionally occur. You must therefore ensure that you check all the details of your chosen travel services (including the price) with your chosen travel supplier(s) at the time of booking.
The Client’s membership shall commence on the date (the “Start Date”) on which Spon Club Travel invites the member to the platform and shall continue until the following 30th June, or until terminated either by Spon Club Travel or the Client in accordance with this Agreement.
Membership shall entitle the Client to use the Client Services through the Spon Club Travel Community Platform. The Clients Services available shall be those applicable to the level of membership the Client has chosen: Basic, or Full Access. The Client Services corresponding to each level of membership are detailed at Schedule 1.
Spon Club Travel will not permit access to the Community Platform or the Client Services unless invited.
Membership is personal to the Client and may not be transferred to any third party.
Client agrees to immediately notify Spon Club Travel of any unauthorized use of Client’s registration details and/or password, and any other breach of security of which Client becomes aware.
All Membership Fees must be paid by the Client irrespective of the Client’s level of use of the Spon Club Travel Client Services or any changes in the Client’s personal circumstances.
If any fee or charge payable by the Client to Spon Club Travel is not paid within seven (7) days of the date on which such sum becomes due for payment then, without affecting any other right or remedies available to Spon Club Travel, Spon Club Travel may (at its sole discretion) immediately terminate this Agreement.
4. Termination of this Agreement
During the course of the membership and/or when carrying out the Client Services:
(i) Spon Club Travel becomes aware that the Client has attempted, or accepted an offer from a supplier, to secure a lower price but falsely refusing to acknowledge that their relationship was attributable to Spon Club Travel; or
(ii) A Client provides Spon Club Travel with details which the Client knows to be false when applying for Client Services, and the false declaration would have reasonably affected Spon Club Travel’s decision to grant Client Services; or
(iii) A Client provides consistent conflicting or changing instructions to Spon Club Travel which makes, in Spon Club Travel’s sole discretion, planning travel untenable; or
(iv) A Client is abusive or uses aggressive behaviour towards a Spon Club Travel employee; or
(v) A Client who uses the Spon Club Travel Client Services to obtain advice and travel intelligence and subsequently uses this information to book his/her travel through a third party agent or operator;
Spon Club Travel reserves the right to treat all above behaviour as a breach of terms of this Agreement and Spon Club Travel shall therefore entitled to terminate this agreement and/or setting off any reasonable fees incurred to date and/or taking legal action against the Client for recovery of any Membership Fees or other costs and expenses which were outstanding at the time of the breach;
In the event of a breach the clause titled Consequences of Termination will apply.
5. Termination of this Agreement by the Client
The Client shall be entitled to terminate this Agreement at any time, by giving not less than one month’s prior written notice via email to email@example.com, or via the Community Platform, to Spon Club Travel..
6. Consequences of Termination
On termination of this Agreement for whatever reason, the Client Services shall automatically terminate.
In the event of termination before or during travel, the terms of all travel bookings with suppliers shall still apply, as Spon Club Travel shall not be party to such bookings.
A cancellation fee may be payable which may equate to the loss of the entire Membership Fee, depending on the time of termination and the Client Services already undertaken or in motion. We will confirm the exact figure at the time you notify us of your decision to terminate this Agreement.
If the Client has paid the Membership Fee on an instalment basis, the client remains liable to pay the outstanding amount of the Membership fee regardless of termination.
7. Making a Booking
Should you decide to make a booking of any travel services featured on our Community Platform, you will need to make that booking with the travel supplier directly and you will, therefore, enter into a contract with the applicable travel supplier for the services that you choose to purchase. We will not be a party to that contract and we will have no responsibility for any travel services provided or for anything that may go wrong during the provision of those travel services.
Nothing on our Community Platform constitutes an offer by us to sell to you any of the travel services or to enter into any contract with you in respect of any of those travel services. All travel services featured or referred to on our Community Platform or website are at all times subject to availability and no warranties, promises or representations are given as to availability.
8. Conditions of Travel Suppliers
All of the travel services featured on our Community Platform are provided by independent travel suppliers, and those suppliers will provide such travel services in accordance with their own terms and conditions. Those terms and conditions will apply to any booking of travel services that you may decide to make. Some of these terms and conditions may limit or exclude the travel supplier’s liability to you and you should therefore check those conditions carefully. Please contact the travel supplier(s) directly for the terms and conditions that will apply to your booking.
9. Our Liability
If you decide to make a booking of travel services, this will be done directly with the applicable travel supplier and your contract will be held with them. We do not act as agent for the travel suppliers nor do we have any responsibility for or involvement in your booking. We do not accept any liability whatsoever for travel services displayed on our Community Platform or in any other promotional or written material, or for any losses of whatever nature suffered by you as a result of booking travel services with travel suppliers who we feature. We accept no liability in relation to any contract you enter into or for any travel services you purchase or for the acts or omissions of any travel supplier(s) or other person(s) or party(ies) connected with any travel services.
We do not exclude or limit our liability for death or personal injury, which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
We, to the extent permitted by law hereby expressly exclude any responsibility and liability for:
(a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to our website or Community Platform, your downloading of any content from our website or Community Platform; or
(b) any loss or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with:
(i) any use of our website or Community Platform, or our content; or
(ii) any failure or delay (including without limitation the use of or inability to use any component of this Website or Community Platform for reservations or booking);
10. Intellectual Property
All content of our Community Platform (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) is our exclusive property or that of our content suppliers or travel suppliers, and is, unless specifically stated otherwise, protected by copyright or similar ownership rights. It is published by us and may not be reproduced other than by downloading and viewing on a single computer and/or printing a single hard copy, for private purposes only. It is not to be otherwise reproduced, transmitted, made available on a network or used to create derivative works without our prior written consent.
All copyright, trademark and other proprietary rights notices presented on our website or Community Platform must appear on any copy you print.
Your use of and access to our Community Platform does not grant you any license or right to use any of the marks included on our Community Platform or website.
11. Use of Our Community Platform
You agree not to do any of the following without our prior express written permission:
(i) access the site with any manual or automated process for any purpose other than your personal use or for inclusion of the pages in a search index. Use of any automated system or software to extract data from our Community Platform or website (‘screen scraping’), for commercial or non-commercial purposes, is prohibited;
(ii) violate the restrictions in any robot exclusion headers on our Community Platform or website or bypass or circumvent other measures employed to prevent or limit access to our Community Platform or website ;
(iii) deep-link to any portion of our Community Platform or website for any purpose;
(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of our Community Platform or website or take any action that imposes an unreasonable load on our computer or network equipment;
(v) reproduce, duplicate, copy, sell, trade, resell or exploit our Community Platform or website ;
(vi) use any feature of our Community Platform or website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
(vii) post or distribute any material on our Community Platform or website that violates the rights of any third party or applicable law;
(viii) use our Community Platform or website to collect or store personal data about others;
(ix) use our Community Platform or website for any commercial purpose unless we've given you written permission;
(x) transmit any advert or promotional materials on our Community Platform or website .
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of our Community Platform or website.
Website. We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on our website and Community Platform and without notice from time to time.
We aim to provide uninterrupted access to our website and Community Platform but we make no warranty that your access will be uninterrupted, timely or error free. We reserve the right to suspend, restrict or terminate your access to this website at any time.
Force Majeure. Spon Club Travel shall not be liable for any delay or failure in performing its duties under this Agreement due to any event beyond its reasonable control including, but not limited to, acts of God, power outages, closure of airspace and governmental restrictions, significant risks to human health such as the outbreak of serious disease affecting the delivery of the Client Services, epidemics, pandemics, or natural disasters such as floods, earthquakes, adverse or severe weather conditions, strikes, civil unrest or threats thereof, or war or threats thereof.
Complaints. We make every effort to ensure that we deliver our Client Services to your satisfaction, however if you do have cause for complaint at any time please write to us at [firstname.lastname@example.org ].
Correspondence. All notices and correspondence (which include invoices)) under this Agreement shall be in writing and shall be sent to the email address of the Client set out in the Client Service application form or on to such other address as the Client may have notified from time to time. Please note that when you visit our Community Platform or website or send e-mails to us, you are communicating electronically. We will also communicate with you by e-mail. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.
Law and Jurisdiction. This Agreement and any agreement to which it applies is governed in all respects by English law. We both agree that any dispute, claim, or other matter which arises between us out of, or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
Amendments to this Agreement. Spon Club Travel has the right to revise and amend this Agreement from time to time to reflect changes in market conditions affecting Spon Club Travel’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in Spon Club Travel’s systems capabilities. Spon Club Travel will endeavour to provide Clients with prior notice of any changes to this Agreement, and Clients can choose to terminate the Agreement without penalty before the new terms come into effect.
This Agreement sets out the whole agreement between the Client and Spon Club Travel for supply of the Client Services and supersedes all prior or contemporaneous understandings or agreements.
SCHEDULE 1 - Services
Membership profiles for all current committee members
Private and group messaging within community (excluding surf camp booking managers)
Community discussions with other University groups
Full Access Membership
Membership profiles for all current committee members
Private and group messaging within community (including surf camp booking managers)
Community discussions with other University groups
Dedicated customer success manager
Access to Discounted Sponsurf after party tickets [over BUCS weekend] - subject to availability
Access to list of surf camps and reviews (beta)
Online quotes for trips abroad (beta)
Destination advice (beta)
Surf club general resources (beta)