Swan Party Terms & Conditions
What you need to know before your Swan Party
Who are we?
Swan Party/Swan Parties (“us”, “we” or “our” as the context requires) is an online service provider promoting a selection of hotels, excursions and activities worldwide for group and individual browsers.
Swan Parties is not a travel agent and is not responsible for providing, setting or controlling the prices applicable to, any of the travel options or products (such as flights or hotels) which you may enquire through our website. All such Third Party Travel Products are provided by independent travel agents, airlines, hotels, tour operators or other third parties and are subject to the terms and conditions imposed by those third parties.
Swan Parties is a private limited company incorporated and registered in England & Wales with company number 10655655.
These terms and conditions(“Terms”) govern your access and use of Swan Parties and constitute a legal agreement between you and us. By accessing and enquiring through our website, you are confirming that you have read, understood and agreed to these Terms.
Some of the Swan Party promotions (such as leisure and social reservations) impose different terms and conditions on your use of those services. Where that is the case, you will be clearly notified of that and will be required to confirm your acceptance of those terms and conditions, which will operate in place of or in conjunction with these Terms as appropriate.
We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on or via our website and you will be deemed to have accepted any amendments if you continue using Swan Parties after the amendments are displayed.
If you do not accept these Terms, then you should not use Swan Parties for your bookings.
Using the Swan Party Services
You may only use the Swan Party services in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to download, access and use the Swan Party services for your own personal, non-commercial purposes and for no other purpose. We grant such licence to you subject to you agreeing that you shall not:
a) use the Swan Party services for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with Swan Parties.
b) use the Swan Party service for any commercial purpose or in any manner which may cause damage to Swan Parties into disrepute;
c) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the Swan Party services except as permitted by law;
d) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Swan Party, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the Swan Party service.
e) use or interfere with the Swan Party service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
f) introduce onto, or transmit via, the Swan Party service any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock;
g) remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin of Swan Parties or pass off or attempt to pass off the Swan Party services as the product of anyone other than Swan Parties.
Where you sign up to any feature of, or use Swan Parties services that requires the use of a log-in account or password, you agree that you shall be responsible for keeping those password and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know here as soon as you can.
The Swan Party services are not intended for children under 18 years of age, and no one under the age of 18 may provide any information to, on or via the website.
Sharing information with us
We take your privacy seriously and operate always in accordance with applicable data protection laws. You agree to ensure that all personally identifiable information you provide to us is accurate and up to date and that you have obtained all consents, licenses or approvals necessary to enable us to use that information in accordance with these Terms.
Swan Parties property
Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, and rights of confidence are owned by or licensed to Swan Parties. You acknowledge that by using the Swan Party website you will not acquire any right, title or interest in or to Swan Parties or in or to the Intellectual Property Rights except for the limited licence to use the Swan Party services granted to you pursuant to these Terms.
Other people’s property
We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on Swan Parties services, please send a written notification of such infringement to the address stated at the beginning of Terms marked for the attention of our ‘Company Director’.
Price accuracy and warranty disclaimer
Your use of Swan Parties services is entirely at your own risk.
Although we enforce strict ‘price accuracy’ policies with all partners who provide us with travel data and endeavour to ensure that the content sent to you is up to date and accurate, we cannot guarantee the reliability or accuracy of such content. To the extent permitted by law, we make no representations and do not warrant to you that the Swan Party services (a) are accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.
Making travel bookings via Swan Parties
Swan Parties is not a travel agent and is not responsible for providing any travel options displayed our website or for setting or controlling the prices. Any Third Party Travel Products which you find and/or book via the Swan Party website are provided by independent travel agents, airlines, hotels, travel operators or other third parties (“Travel Providers”). Swan Parties facilitates your bookings with Travel Providers but is not responsible and has no liability to you in respect of such bookings. The identity of the relevant Travel Provider and the terms and conditions applicable to your booking with them (“Travel Provider Terms”) will be notified to you at the time of booking and you should ensure that you read and fully understand them before completing your booking. The Travel Provider Terms will set out what rights you have against the Travel Provider and will explain their liability to you in the event of anything going wrong. You agree to comply in full with all applicable Travel Provider Terms. You acknowledge that breaching Travel Provider Terms could result in the cancellation of tickets or reservations, revocation of frequent flier miles and other benefits, and additional charges.
Limitations and exclusions of liability
These Terms set out the full extent of Swan Parties obligations and liabilities in respect of the Swan Party services.
Swan Parties has no responsibility whatsoever for any arrangements you make with any third party because of your use of the Swan Party services (including, without limitation, any travel, leisure, merchandise provider). If you encounter any problems with any booking or purchase via Swan Parties, you acknowledge that you should resolve that issue with the relevant provider and that your sole remedy in such circumstances, including any refund, lies with them and not with Swan Parties. Where the Swan Parties website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You may see advertising material submitted by third parties on the Swan Parties website. Each individual advertiser is solely responsible for the content of its advertising material and Swan Parties accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
Nothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.
Your liability to us
Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group, and each of our officers, directors, employees and agents, arising out of, or in any way connected with, your use of the Swan Party services or breach of these Terms.
The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the Swan Party website.
We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please write to us at the address provided below marked for the attention of our ‘Company Director’.
Any failure by us to enforce any of these Terms shall not be a waiver of them or the right to subsequently enforce any of these Terms.
A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.
Irrespective of the country from which you access or use the Swan Party website, to the extent permitted by law these Terms and your use of the Swan Party services shall be governed in accordance with the laws of England and Wales and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of England and Wales to resolve any disputes which may arise hereunder.
Due to the General Data Protection Regulation becoming effective on 25th May 2018, we will make sure that:
- We are lawful, fair and transparent in the way that data is processed
- Personal data is used for a specific purpose
- We only record the data that is required
- Have a duty to keep the data accurate
- Data is only kept for as long as is required
- All data is stored securely
This Privacy Notice will detail how we comply with the above principles as well as your rights as the data owner.
What data do we collect?
Personal data refers to any data that can be used to identify a natural person and we only process personal information that is required for us to carry out our business dealings for the customer. To ensure smooth business running, we hold a small amount of customer information. This information will be held identifying contact individuals, including but not limited to:
- Contact name
- Contact number
- Email address
Bank details or other preferred method for payment to compensate services rendered for a reasonable time after the transaction. This may include but is not limited to; invoices, contracts and emails regarding details of services used by Sedulo.
How do we collect your data?
The data we hold is legitimately gained through the contact form. The customer holds the responsibility to ensure accurate and relevant information is given with full consent of the individual or company or through a 3rd party. For any 3rd parties that we use to gather information (such as lead generation) we ensure to only use GDPR compliant companies and will not hold any data that has not been scrutinised as such.
What is our Legal Basis for Processing your data?
We hope you will agree that we have your best interests at heart when you provide your data and we will ensure your data is kept safe. GDPR states that we are required to let you know under which legal basis your data is processed. We are using Legitimate Interest as our legal basis for processing.
Legitimate Interest – Article 6(1)(f) details:
“processing is necessary for the purpose of the legitimate interest pursued by the controller or by the third party except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data”
We want to make sure that we provide you with the best possible service so we hold data on you and contacts within your business that we may need to speak to. In addition, we also log details of conversations, emails sent and received, meetings and other business communication.
In order to ensure prompt payment for services you have provided we will need to hold certain information on you and your business so that payments can be made within the required timescales.
For all the above we feel this data is necessary for our legitimate interest as Financial Services Business to provide a comprehensive service to our clients and employees.
Why do we collect your data?
Our core business activity is to provide clients travel and leisure services. To accomplish this, we gather personal information to assist with customer enquiries freely given by the contact.
How do we use your data?
In order to provide the best service to customers, your data may be used in one or more of the following ways:
Storing and updating your information on our customer system so that we can contact you in relation to travel and leisure activities.
Make contact in relation to travel and leisure information, either by email or telephone.
Marketing information about events, offers and promotions we are holding that may be of interest to you.
Marketing information in relation to the services we can provide.
Keeping records of conversations, emails and meetings to refer to if needed in relation to any dispute.
For some of the above activities your consent is required.
Who do we share your data with?
In some circumstances we may need to share you details with a 3rd party for us to be able to provide you with our services. This would include:
Vehicle hire companies
How do we safeguard your data?
Your data is of the upmost importance to us and as such we ensure all relevant security is in place to keep your data safe and protected from any potential threats.
However, if you think we have not taken care of your data or if it has been misused, our contact information can be found at the end of this document
How long do we keep your data for?
We retain your information as long as the information is required and pertinent. This would either fall under our legitimate business interest of an on-going business relationship or for legal obligations.
GDPR provides the following rights;
The Right to be Informed – you have the right to be informed about the collection and use of your personal data and you must be provided with certain information including; the purpose for processing your personal data, our retention periods for the data and who it will be shared with.
All this information is provided by means of this Privacy Notice.
The Right of Access – you have the right to access your personal data and any supplementary information. This is known as a Data Subject Access Request (DSAR) and when received by our designated Data Controller, we are legally required to provide this information within one month. This information will be provided free of charge unless we feel the request is manifestly unfounded or excessive, particularly if it is repetitive. A fee may also be charged if further copies of the same information are requested.
The Right to Rectification – you have the right to have any inaccurate personal data rectified if incomplete or incorrect. You can request this to be done verbally or in writing and we have one calendar month to respond once this has been passed to the designated Data Controller. There is no fee attached to this request however, if we feel the request is manifestly unfounded or excessive, particularly if it is repetitive – we can charge a fee or refuse the request. If either of these apply, we will provide you with our reasons for such action.
The Right to Erasure (this is also known as the right to be forgotten) – you have the right to have your personal data erased if:
- The data is no longer necessary for the reason it was originally collected or processed.
- Your data has been processed for legitimate interest and you object to the processing of your data and we cannot provide an overriding legitimate interest to continue processing.
- The data has been processed unlawfully (in breach of GDPR).
- Data must be erased to comply with a legal obligation.
If we process your data for one of the following reasons, the right to erasure does not apply:
- To exercise the right of freedom of expression and information.
- To comply with a legal obligation.
- For the performance of a task carried out in the public interest.
- For archiving purposes in the public interest, scientific research, historic research or statistical purposes.
- In the defence of a claim.
The Right to Restrict Processing – you have the right to restrict the processing of your data in certain circumstances. When processing is restricted we may store enough information to ensure future restriction is respected. We will stop processing data if:
- You do not agree with the accuracy of your personal data.
- The data has been unlawfully processed.
- To establish or defend a legal claim.
- You object to our legal ground for processing your data.
We can only continue to process your data when the above has been resolved and we will inform you before any restriction is lifted. If your data is restricted it can only be retained if:
- You give your consent to processing.
- It is in defence of a legal claim.
- It is for the protection of another person.
- It is for reasons of important public interest.
The Right to Data Portability – you have the right to transfer your details across different services. This right only applies if:
- Data that has been provided to a controller by an individual.
- Processing is based on consent or for the performance of a contract.
- Processing is carried out by automated means.
When we receive a portability request we must respond within one month of the Data Controller being notified and no fee is applicable. We must provide the information in a structured, commonly used and machine-readable form.
The Right to Object – you can object to the processing of your data when it is processed under one of the following reasons:
- Our legitimate interest.
- Performance of a task in the public interest/exercise of official authority.
- Direct marketing.
- Processing for scientific/historical research or statistical purposes.
Within 1 month of notification of this request, we must stop processing your data unless:
- We can demonstrate compelling legitimate grounds for processing which override your interest.
- It is being processed for the establishment, exercise or defence of a legal claim.
If your objection relates to direct marketing we will ensure your details are either removed or adjusted, in line with your request as promptly as possible. This process can be started by either clicking “unsubscribe” on the marketing email or emailing firstname.lastname@example.org.
If your data has been shared with a third party and you request one of your “rights” listed above we will notify them and act upon the requirements of your request unless this is not possible or involves disproportionate effect.
As a business, and to comply with Article 6 of GDPR, we have agreed that the legal basis for processing your data will be (depending on your relationship with us) either “Legitimate Interest” or “Contract”. As well as complying to the GDPR in relation to direct marketing we must comply by The Privacy and Electronic Communications Regulations (PECR).
However, in certain circumstances we are required to have your consent to perform certain activities. This consent can be given in the form of an opt-in or soft opt-in option.
We must ensure your consent is; freely given, you understand what you are consenting to and are able to opt-out by unsubscribing at any time.
If you require further information about Swan Parties LTD, please contact us here.
Alternatively, you can write to us FAO: Company Directors,
Swan Parties LTD