The Near Far Collection Terms & Conditions
Last Updated September 30, 2019
This legal statement contains information on the following:
1. GENERAL TERMS AND CONDITIONS
Near Far Collection is a Wholly Owned Subsidiary of Luxury Travel Diary Limited, (Luxury Travel Diary), a company registered in England and Wales under registration number 9272966. Our registered address is 28 Fourth Avenue, Brighton, BN3 2PJ, Great Britain, United Kingdom.
A visitor agrees to be bound by subsequent revisions to this Agreement after the posting of the revisions on this page. Accordingly, you should periodically visit this page to review the current terms of this Agreement.
Description Of Service
Near Far Collection provides an advertising platform and booking service for a bespoke collection of luxury hotels, properties and cruises. From time to time Near Far Collection will extend the range of services it has to offer, and these will be found on the website.
Near Far Collection will not be liable to a visitor or any third party for any loss or damage however caused, (whether direct or indirect, incidental or consequential), resulting from the use of our website.
Near Far Collection does not promise that the functional aspects of the website or content will be error-free, that the services it provides will meet any particular requirements of the visitor, or that the servers that make it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
Near Far Collection will not be liable for any loss or damage caused by the temporary interruption of the site due to faults or circumstances outside our control. Accordingly, Near Far Collection does not undertake that the website will operate continuously.
Near Far Collection is not responsible for any information distributed by other users of our website or for the actions or behaviour of any other user.
Near Far Collection may terminate a visitor’s access to any part or all of the service and any related service(s) at any time, with or without cause, with or without notice, effective immediately for any reason whatsoever.
A visitor accepts that they are solely responsible for evaluating any goods or services offered by Near Far Collection or by third parties via the website and that Near Far Collection will not be party to or in any way responsible for any transactions between a visitor and third parties.
Certain links on Near Far Collection lead to websites located on servers maintained by independent third parties over whom Near Far Collection has no control. Accordingly, Near Far Collection cannot accept any responsibility or liability for any of the material contained on those websites; nor does Near Far Collection accept responsibility for the availability of those websites.
Where Near Far Collection contains advertising and other material submitted by third parties, please note that those advertisers are responsible for ensuring that material submitted for inclusion on our website complies with all legal requirements. Near Far Collection does not accept liability in respect of any such advertisements.
We do not control any information made available either by the advertisers who advertise to a visitor through our website, or by other users; and we have no control over the quality or safety of any products or services advertised to a visitor; and we are not responsible for the description of any goods or services received by a visitor, nor do we give any warranty in respect of any goods or services purchased or obtained through our website.
To use some of the services or features made available to you on our website you will need to register or submit a small amount of personal information. You are required to provide information about yourself that is true, accurate, current, and complete in all respects. We may also change registration requirements as well as information required to operate other areas of our website, such as but not limited to submitting a booking request.
The account password you provide should be unique and kept secure, and you must notify Near Far Collection immediately of any breach of security or unauthorised use of your account.
Intellectual Property Rights
Each visitor acknowledges that the content of the Near Far Collection site, which includes but is not limited to, images and reviews are protected by copyright and visitors are not entitled to copy or reproduce or distribute any of the content without the express permission of Near Far Collection.
Each visitor acknowledges that in addition to copyright, there are also trademarks and other intellectual property rights in and relating to the Service which is owned by Near Far Collection and our partners and which are not to be used without express permission.
Limitation Of Liabilities
Near Far Collection will not be responsible for errors or failures to receive information, in relation to a hotel, property or cruise booking enquiry made on our site, placed on any device capable of accessing nearfarcollection.com, including, without limitation, errors or failures caused by: (i) any loss of connection; (ii) a breakdown or problems with our website; and/or (iii) a breakdown or problems with any internet connection, computer, mobile device or system. Near Far Collection does not accept liability for failing to access our booking service or for errors or omissions in connection with this activity.
Near Far Collection acts solely as an intermediary between a user of our booking service, (Traveller), and the provider of the associated service, (including but not limited to: a hotel / property / cruise owner or franchise). Once a user has paid for a service, initiated by a booking enquiry made on nearfarcollection.com, Near Far Collection will perform its obligation regarding the sale, once this obligation is fulfilled, a Traveller agrees that Near Far Collection is no longer responsible for, or liable in relation to any, action(s), incident(s) or other event(s) in relation to the particular booking.
We endeavour to provide the best service possible but can provide no warranty, or accept any liability in respect to the service provided to a Traveller by the relevant provider. Nor can any warranty be given with respect to goods or services obtained through our website. Near Far Collection acts solely as an intermediary between a Traveller and service providers. As such, we cannot guarantee a providers ability to meet any particular requirements or quality of the service or goods provided.
Visitors agree that he or she uses the service at their own risk. Near Far Collection will not accept any liability either in contract, tort (including negligence) or otherwise for any direct, indirect, incidental or consequential loss resulting from the use or the inability to use the website. Nothing in these terms and conditions limits Near Far Collections' liability for death or personal injury resulting from Near Far Collection’s negligence. Each visitor agrees that any material and/or data downloaded by a visitor is done so entirely at their own risk and each visitor will be solely responsible for the consequences of downloading any such material.
Near Far Collection will not be held responsible for any failure to meet any obligation which we have under these terms and conditions, which is caused by circumstances beyond our reasonable control. Including, but is not limited to strikes, lock-outs, disease, fire, flood, natural disasters, war, armed conflict, terrorist attack and nuclear and chemical contamination.
Each visitor and Traveller agrees to indemnify Near Far Collection against all liabilities, claims and expenses that may arise from any breach by them of these terms and conditions and any liabilities claims and expenses incurred by Near Far Collection in connection with any claim, action or proceeding brought by a third party as a result of the visitor's use of the Service.
Near Far Collection will have no liability to a Traveller in respect of a service booked via our website whatsoever. Near Far Collection will not accept any liability for death, illness, disease, disability or personal injury caused in respect of a service booked via our website. This includes, but is not limited to, hotel stays / cruises / villa stays / ranch holidays / safari holidays / airline flights / holiday tours / holiday experiences / restaurant meals. Each Traveller undertakes their stay and/or experiences at their own risk.
If any of the provisions of this contract are judged to be illegal, unreasonable or unenforceable the rest of these terms and conditions will continue to apply. Any delay on the part of Near Far Collection to enforce its rights under this contract will not prejudice or restrict its rights, and no waiver of any such rights will be deemed to be a waiver of any other right or any later breach.
These terms and conditions will be governed in accordance with the laws of England and Wales. Each visitor and Near Far Collection agree to submit to the exclusive jurisdiction of the courts of England and Wales.
2. BOOKING TERMS AND CONDITIONS
We act as a booking agent in partnership with Sojourn Flights travel agency, hosted by TravelEdge (IATA 05732134) for hotel-only, villa-only, ranch-only, safari-camp-only, and cruise-only bookings and we have tried to set out our obligations to you as clearly as possible below.
Near Far Collection acts as a booking agent in partnership with Sojourn Flights travel agency, hosted by TravelEdge (IATA 05732134) for the hotel(s), property(‘s) and cruise(s) it books on your behalf. When you make a booking, you are entering into a contract with the hotel, property or cruise line via Near Far Collection, not with Near Far Collection itself. As a partner agent we accept no responsibility for the acts or omissions of the hotel / property / cruise line or for the services provided by the hotel / property / cruise line. The hotel, property or cruise line’s terms & conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
For your security, payments online are made through third party secure servers set up by the hotel, property or cruise respectively. For all bookings, Near Far Collection will take a credit card number that is forwarded securely to the hotel or cruise line to guarantee your booking.
Any advance deposits, additional fees or charges will always be clearly marked before you make your booking. Once paid, these deposit payments, additional charges and fees are non-refundable in the event of cancellation.
Your booking is confirmed and a contract between you and the hotel, property or cruise line will exist when we send you confirmation on their behalf. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. As we act only as a partner booking agent, we have no responsibility for any errors in any documentation except where an error is made by us.
Where an offer of availability is made by the hotel / property / cruise line, your booking is not confirmed until you receive a booking confirmation. We therefore advise you to accept the offer as soon as possible after receipt in order to make a firm booking. You will be notified by email within 48 hours whether your booking has been confirmed. It is your responsibility to contact Near Far Collection if a confirmation email has not been received.
All currency conversions are only valid on the date of booking as a guideline. Payments are taken by the hotel / property / cruise line in the hotel / property / cruise line's local currency and may be subject to exchange-rate fluctuations (depending on the date charged) and charges from your bank or credit card issuer for which we have no liability.
Please note: any applicable VAT/taxes may be subject to change at any time.
Hotel, Property Or Cruise Line’s Amendment & Cancellation Policy
If you wish to amend or cancel a confirmed booking, you must contact us. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the hotel, property or cruise line. In all cases, once the booking is confirmed, you are subject to the terms and conditions of that hotel, property or cruise line’s cancellation policy.
Hotel, Property or Cruise Line cancellation policies may outline a period before check-in when cancellations will be subject to payment of a cancellation charge. This period does not include the day of arrival – so, for example, a cancellation policy of ‘24 hours’ means a reservation must be cancelled at least 24 hours before the hotel, property or cruise line's stated check-in time on the day before arrival to avoid the penalty. Any cancellations must be made by emailing the Near Far Collection team as soon as possible.
Where applicable, refunds will be made by the same method used to pay for the booking. Any payment made by credit card will be returned to that card and any payment made by voucher/offer discount will be refunded as a voucher or by reinstating the offer discount as appropriate. Please note that all deposit payments and additional charges paid at the time of booking are non-refundable.
Any changes to a booking that involve the addition of sequential nights to a stay will be considered an amendment to the original booking, regardless of whether the extra nights are booked by the person who made the original booking, or by another guest with whom they are staying.
Changes And Cancellations By The Hotel, Property Or Cruise Line
We will inform you as soon as reasonably possible if the hotel, property or cruise line needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the hotel, property or cruise line in relation to any alternative arrangements offered by the hotel, property or cruise line but we will have no further liability to you.
Accuracy Of Prices & Descriptions
Near Far Collection cannot be held liable for errors or omissions in bookings or pricing, either made by the hotel / property / cruise line, or as a result of system failure of any kind. Near Far Collection reserves the right to amend advertised prices at any time. Near Far Collection also reserves the right to correct errors in both advertised and confirmed prices. Please note: changes and errors do sometimes occur. You must check the price of your chosen arrangements at the time of booking.
We do our utmost to ensure all Near Far Collection hotel, property and cruise line information is accurate, however hotel / property / cruise line facilities may change at any time and any opinions expressed are subjective.
Our Responsibility For Your Booking
Your contract is with the hotel / property / cruise line and its terms and conditions apply. As a partner agent, Near Far Collection accepts no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
Exclusive Near Far Collection Deals & Offers
Exclusive Near Far Collection offers or promotions are subject to the terms and conditions set by the hotel, property or cruise line for its particular offer. All offers are subject to availability, which may change at any time. Offers may be subject to blackout dates which may be amended by the hotel, property or cruise line at any time, without notice and which may not be specified on our website. Some offers will require a deposit or full prepayment on booking, which may be non-refundable in case of cancellation. Any special terms will be stated on the booking and included in your confirmation. Hotel, property and cruise line offers and promotions (and any applicable terms and conditions) are frequently added or amended, and will therefore only apply to completely new bookings. Reservations made before the start of the offer or promotion cannot be cancelled and rebooked at the lower rate.
Making A Complaint
Because the contract for your arrangements is between you and the hotel, property or cruise line, any queries or concerns should be addressed to them. If you have a problem during your hotel / property stay or cruise, this must be reported to the hotel, property or cruise line immediately. If you fail to follow this procedure, there will be less opportunity for the hotel, property or cruise line to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you still wish to complain when you return home, you can contact us and we will liaise between you and the hotel / property / cruise line in order to try to resolve your complaint. Please note that we do this as part of our customer service to you and as a gesture of goodwill only. We do not accept responsibility for dealing with complaints, nor do we have any liability for refunds or compensation.
Visa, Passport & Health Requirements
It is your own responsibility to ensure compliance with immigration, visa and health requirements. Unless you tell us otherwise, we are entitled to assume that all members of your party hold or will hold full passports valid for the entire duration of the arrangements you chose to book.
We strongly recommended you check the up to date position with the supplier for immigration and visa requirements, as well as checking with the Passport Office, appropriate embassy or consulate and your doctor as applicable in good time before departure.
Booking Responsibilities & Information
For all bookings, by making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
1. He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
3. He/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
4. He/she accepts responsibility for payment of the arrangements on behalf of all persons detailed on the booking.
Special Requests & Requirements
If you have any special requests (for example dietary requirements, cots or room location), please let us know at the time of booking. We will pass on all such requests to the supplier, but we can't guarantee that they will be met and we will have no liability to you if they are not.
Adequate travel insurance is a condition of your contract with both Near Far Collection and the hotel / property / cruise line in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you or any member of your party; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; pre-existing medical conditions and other expenses. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
These Booking Conditions and any agreement to which they apply are governed in all respects in accordance with the laws of England and Wales. Each visitor and Near Far Collection agree to submit to the exclusive jurisdiction of the courts of England and Wales. 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.
Information & Price Accuracy
We endeavour to ensure that all the information and prices on both our website and in any literature we produce are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed. Please note that special offers may be withdrawn at any time without any notice.
Accommodation Ratings & Standards
All ratings are as provided by the relevant supplier and these may differ from the official ratings. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
Disabilities & Medical Problems
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. It is your responsibility to provide us with full and accurate details on any special assistance you may require. We may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
Your Behaviour & That Of Your Travel Party
All guests booking with Near Far Collection and staying in a Near Far Collection property are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any hotel / property / cruise manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the hotel / property / cruise manager or other supplier prior to departure from the hotel or property or cruise ship. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
Terms & Conditions Of Suppliers
Many of the services which make up your stay are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
Bookings Using Hotel, Property Or Cruise Credit Vouchers
Near Far Collection Credit Vouchers are redeemable as credit to be used during your hotel, property or cruise stay and cannot be used as part payment for the hotel, property or cruise stay itself (unless stated otherwise), it is a credit to be spent at the hotel / property / cruise during your stay only.
Any hotel or property or cruise voucher credit is not redeemable directly with a Near Far Collection hotel, property or cruise line and may only be used during a stay which has been booked with a Near Far Collection booking agent.
Near Far Collection limits the use of hotel / property / cruise credit to specific goods and services, which may differ at each hotel / property / cruise within the Near Far Collection. A Near Far Collection booking agent will provide information on the specific goods and services eligible for use with hotel / property / cruise credit, in addition to how to redeem, at the time of booking.
Near Far Collection Credit Vouchers are not redeemable in any way whatsoever with non-Near Far Collection hotels, properties or cruises.
By claiming your hotel / property / cruise credit, you understand and accept that your personal data will be sent to and processed by Near Far Collection (created by Luxury Travel Diary) in the UK and that you are subscribing to the Near Far Collection newsletter sharing special offers and deals at our favourite hotels, properties and cruise lines along with the newest hotels, properties and cruises in our collection. You may unsubscribe at any time.
In order to receive your hotel credit / property credit / cruise credit, a minimum booking spend will apply to your stay and this must be reached in order to be eligible for the credit offer.
Hotel / property / cruise credit will only be applied to your first Near Far Collection booking, unless otherwise stated.
Hotel / property / cruise credit is only available at participating Near Far Collection branded hotels, properties or cruises. All participating Near Far Collection Hotels, Properties and Cruise Lines can be found on this link: https://www.nearfarcollection.com/collection/
Hotel, Property or Cruise credit offers will only be valid on hotel, property or cruise stays booked via Near Far Collection’s booking page: https://www.nearfarcollection.com/booking/
Hotel, property and cruise credit is offered in addition to all other Near Far Collection benefits outlined in each hotel, property or cruise listing.
Hotel / property / cruise credit vouchers can be used once only, irrespective of voucher-specific terms and conditions and only one voucher is redeemable per transaction and per household worldwide.
Hotel / property / cruise credit vouchers are for new customers only and cannot be applied retrospectively to previously paid for first time bookings.
Eligible bookings must be made within 12 months of receiving the voucher.
Both the credit voucher value and minimum spend value will be converted into the local currency equivalent by the hotel, property or cruise line. Subsequent exchange rate changes which may affect the credit voucher value and minimum spend value are not the responsibility of the Near Far Collection.
Hotel / property / cruise credit cannot be used in conjunction with any other offer, promotion or discount offered by Near Far Collection, Luxury Travel Diary or the hotel / property / cruise line unless otherwise specified.
Credit is non-transferable, no cash alternative is available, and any underspend will not be refunded.
Near Far Collection reserves the right to withdraw hotel / property / cruise credit or cancel a voucher at any time without prior notice and refuse a voucher being claimed should they feel the transaction is in breach of terms and conditions.
By claiming hotel / property / cruise credit, you agree to all these terms and conditions.
A promotional voucher is an entitlement to a discount (up to the amount stated) off a qualifying booking for a promotional period.
Promotional vouchers cannot be used for bookings made directly with Near Far Collection hotels / properties / cruises or in any way with hotels / properties / cruises that are not part of the Near Far Collection.
Promotional vouchers can only be used once.
Vouchers have a cash value of £0.001 and are not transferable or assignable and cannot be sold at auction.
Each voucher can only be used once and may not be used for multiple bookings on consecutive nights at the same hotel / property / cruise.
Only one voucher can be used per booking.
Only one voucher can be redeemed per household.
When using a voucher, the full balance of the booking is payable at the time the order is placed unless the voucher value is lower than the deposit due.
Vouchers are valid for new bookings only.
A minimum stay or minimum spend may be applicable in order for a voucher to be valid, please see individual vouchers for details.
Vouchers cannot be used in conjunction with any other promotion, offer or discount.
Vouchers are redeemable only against accommodation costs. They may not be redeemed against incidental hotel / property / cruise costs or additional services.
Near Far Collection reserves the right to refuse redemption of vouchers if they believe that they are being used by someone other than the intended recipient.
Near Far Collection reserves the right to decline to accept vouchers where, in its opinion, a voucher is invalid for the booking being made.
Near Far Collection reserves the right to cancel a promotion at any time without notice.
Near Far Collection shall not be liable to any customer for any financial loss arising out of the refusal, cancellation or withdrawal of a promotional voucher, or any failure or inability of a customer to use a promotional voucher for any reason.
Near Far Collection reserve the right to change these terms and conditions at any time, without prior notice.
Exclusive Member Hotel / Property / Cruise Benefits & Perks
Near Far Collection members are eligible for exclusive hotel / property / cruise benefits and perks. Near Far Collection exclusive hotel / property / cruise benefits and perks are additional extras or services provided by the hotel / property / cruise for anyone booking that hotel / property / cruise through the Near Far Collection website and agents. Near Far Collection exclusive hotel / property / cruise benefits and perks, such as early check-in, late check-out, spa / food and beverage discounts, VIP gift, free nights, reduced rates, or other special deals are available for limited periods and may be booked through Near Far Collection website and agents. Please note that the Near Far Collection exclusive hotel / property / cruise benefits and perks may not be available in conjunction with any other hotel / property / cruise offer, deal or discount, please see each individual offer for details. All Near Far Collection exclusive hotel / property / cruise benefits, perks and offers are subject to availability. Any hotel / property / cruise line participating in an offer to Near Far Collection members must agree to honour the benefits, perks and offers, subject to availability.
Alteration Of Service Or Amendments To The Terms & Conditions
We reserve the right to make changes to our website, policies, and these conditions of booking and / or purchase at any time. You will be subject to the policies and conditions of conditions of purchase in force at the time that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events Beyond Our Reasonable Control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Near Far Collection is a wholly owned subsidiary of Luxury Travel Diary Limited (www.luxurytraveldiary.com).
The website is owned and operated by Luxury Travel Diary Limited.
Registered address: 28 Fourth Avenue, Brighton, BN3 2PJ, Great Britain, United Kingdom.
Company registration number: 9272966
Registered in England and Wales.
For more information, visit our Contact page.