Cardholder Terms and Conditions

Last Updated: 18/10/2017

These Cardholder Terms of Service are a legal agreement between Kashing Ltd. (“Kashing,” “we” or “us”) and you, the user of the Kashing’s service (“you”). By using Kashing’s service, you agree to be bound by these terms and conditions.

1. Accepting Booking conditions

By making a payment through Kashing gateway, you accept and agree that Kashing will be the beneficiary of the transaction on behalf of the merchant. You also agree to the relevant Merchant’s booking conditions, including cancellation, damages and no-show policies applicable to that booking, and to any additional (delivery) terms and conditions of the Merchant that may apply to your reservation or during your stay, including for services rendered and/or products offered by the Merchant (the delivery terms and conditions of a Merchant can be obtained with the relevant Merchant). The general cancellation, damages and no-show policy of each Merchant is made available on the Merchant website under “Booking Conditions”, “Cancellation Policies” or the like, and in the confirmation email. Please note that you may be charged for your cancellation in accordance with the Merchant’s cancellation and no-show policy, in some cases for the entire stay or the first night. We recommend that you read the cancellation and no-show policy of the Merchant carefully prior to making your reservation. If you fail to check in to your Merchant on time on the day of your reservation and do not alert the Merchant, the remaining portion of your reservation may be cancelled and you may not be entitled to a refund, depending on the terms and conditions of the applicable Merchant. Regardless of the Merchant’s cancellation policy, Kashing reserves the right to charge a cancellation fee. Please carefully check the Merchant details thoroughly for any such conditions prior to making your reservation. Some Merchants will charge extra for early or late check-outs..

If you wish to review, adjust or cancel your reservation, please revert to the confirmation email or contact Kashing via our email address - [email protected]

Damages: You are responsible for and agree to reimburse the Merchant all costs incurred as a result of any breakage or damage in or to the property which is caused by you or any members of your party or any other persons invited into the property by you. The Merchant can ask for an extra payment from you to cover any such costs without permission.

The Merchant expects the accommodation to be left in a reasonable state on departure. If in the Merchant’s opinion, additional cleaning is required, you will be liable to the owner for the cost of this cleaning.

You may need to check and sign an inventory of the property and its contents on arrival at the property. If you discover that anything is missing or damaged on arrival please notify the Merchant immediately.

Special Needs: If you have special needs (e.g., wheelchair accessible room) you must contact the Merchant and verify that special needs can be met. Please note that all special requests are subject to availability and cannot be guaranteed by Kashing. Depending on the policy of the applicable Merchant, your reservation will be refunded, cancelled or modified if special needs cannot be met. If available, your request will be confirmed upon arrival.

(Further) correspondence and communication:
By completing a booking, you agree to receive (i) an email confirming payment was successful/ unsuccessful and details relevant to your reservation and destination, and (ii) an email reminder of future obligated payment. Please see our privacy and cookies policy for more information about how we may contact you.

Kashing disclaims any liability or responsibility for any communication with the Merchant on or through its platform. You cannot derive any rights from any request to, or communication with the Merchant or (any form of) acknowledgement of receipt of any communication or request. Kashing cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Merchant.

In order to duly complete and secure your reservation, you need to use your correct email address. Kashing is not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.

Any claim or complaint against Kashing or in respect of the Service must be promptly submitted, refer to the section Complaints below.

2. Accepting Kashing’s payment condition for Bookings

For pre-order bookings through Kashing as the agent and benefactor, your card will be charged by Kashing for the full price (sometimes without any option for refund depending on the Merchant’s booking conditions upon reservation and confirmation of the booking or, in case of a pre-authorisation booking or indicated availability booking, at the future point in time communicated in the confirmation email. When using pre-authorisation booking or indicated availability, please ensure that the card is valid and has sufficient credit on the future payment date. If the card cannot be charged on such date for whatever reason, the booking will be cancelled unless you can ensure that the card payment can be authorised on time. Please check the reservation details thoroughly for any such conditions prior to making your reservation. Kashing will process refunds, if and when applicable, within a reasonable timeframe.

For certain Merchants, we will not charge your card, as you will pay the Merchant directly for your stay (post-paid).

In order to make a booking you must be over 18 years old (or the age of majority in those countries and territories where it is higher than 18) and have the full legal capacity to make the transaction (or have the authorisation from your legal guardian).

3. Payment

You undertake that the details you provide Kashing with in making a payment are fully correct.

You undertake that the credit or debit card you are using is your own or that you are authorised to complete the payment with this card and that there are sufficient funds to cover the cost of the transaction. You accept financial responsibility for all transactions made under your name or account.

All credit and debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment Kashing will not accept your payment and Kashing will not be liable for any payment delay or consequences of overdue payment. We are not responsible for your card issuer or bank charging You as a result of our processing of your credit or debit card payment in accordance with your payment request.

Kashing reserves the right not to accept certain cards. Kashing may add or remove other payment methods at its discretion. For increased convenience, Kashing now also offers the option to have your card details securely stored on file. For more details, have a look at Kashing’s Privacy Policy.

Subscription based purchases

If you purchase a subscription based product, it would be clearly indicated on the payment page, you agree that you are purchasing a continuous month-to-month subscription which will automatically renew, and that the price of your selected subscription plan level and/or add on(s) will be billed to your designated payment method as a recurring charge, unless you cancel your subscription(s), before the beginning of your next billing period. You will be billed for the full period in which you cancel and no refunds will be given. By purchasing a subscription, you agree to a minimum purchase obligation.

4. Privacy

Kashing is committed to respecting and protecting the privacy of anyone using their site and the confidentiality of any information that you provide Kashing. Kashing is the personal data controller of the processing of Personal Data and is registered under the Data Protection Act (1998) and comply with the Act in all their dealings with your personal data.

You as the user acknowledges that you have received, read in full and agree with the terms of Kashing’s Privacy Policy incorporated into this Agreement by reference, which contains the User’s consent to Kashing’s collection, use, retention and disclosure of personal information as well as other matters set forth therein and which explains how and for what purposes Kashing collects, uses, retains, discloses and safeguards the information the User provides to Kashing.

5. Fraud detection and prevention

Kashing has stringent fraud detection and prevention mechanisms in place. In certain cases, Kashing may require additional information or verifications to validate and confirm the payment, as explained in more detail under the section (“Using Kashing”). A small verification charge or pre-authorisation may also be made to your card when using indicated availability. The balance will be charged after confirmation or, in case of indicated availability, on the future payment date (see the comment above about the possibility of cancellation in case the card cannot be charged on that date for whatever reason).

Reservations are not confirmed until you have received a confirmation mail and it is possible that a Merchant could become fully booked during the fraud check, in which case the reservation will no longer be available. Kashing can never be held liable in such cases. Additional information submitted will be treated in line with strict industry standards to protect privacy, using encryption for transmission and specialised agents for verification. If you choose not to submit the additional information or if we are not satisfied with the information received, the booking will not be completed and fully cancelled and any amounts charged (including the verification charge where applicable) will be refunded.

6. Using Kashing

When you check out on the website of a Merchant of which Kashing enables payment, your Personal Data will be automatically remembered and Kashing will store certain identifying information, such as your email address, physical address or your mobile phone number (“Kashing Credentials”), and your Payment Credentials. The advantage of remembering you is that it will make your checkout quicker and easier if you come back to the same website, or to any of the other websites that uses Kashing, this can be especially handy when you’re on a mobile device or don’t have your credit card in front of you.

By remembering you, Kashing will use cookies to link your web browser to your Kashing Credentials and recognise when you return to a websites that uses Kashing. Kashing will give you the ability to make purchases using your stored Payment Credentials. Kashing may also allow you to make a purchase with your Payment Credentials by sending a message directly from the email address stored as your Kashing Credentials.

For more information about cookies, including how to see what cookies have been set and how to manage, block and delete them, see www.allaboutcookies.org and Kashing’s Cookies Policy. You may also be able to configure your browser not to accept cookies, although please bear in mind that this may affect your ability to use the services Kashing provides.

7. Card fraud

If you suspect an unauthorised or fraudulent booking or payment was made via Kashing, please contact Kashing immediately.

8. Refund

Before contacting your card issuer or claiming a refund from Kashing, you should contact the Merchant to resolve your issue. You may contact your credit card company or card issuer and pursue your chargeback rights. You may not pursue both at the same time or seek a double recovery.

9. Our Role

Although Kashing stores your Payment Credentials, it doesn’t change anything else about your relationship with the Merchant you’re paying or your bank or credit card company. You are ultimately responsible for the purchases you make using Kashing. Also, the Merchant is the one responsible for providing you the goods or services that you purchase using Kashing, not Kashing. Kashing will use our reasonable efforts to keep your Payment Credentials secure.

10. Security

Kashing is responsible for securing your personal data, including credit and debit card data, which is solely in our possession and under our control. We comply with PCI DSS, which sets out the industry standards for maintaining a secure environment. Kashing understands that You may have concerns about security on the internet. In order to safeguard and encrypt your card information, Kashing uses the "Secure Socket Layer (SSL)" or industry accepted security technology for taking payments. Kashing’s payment processes shall make security checks on the card data to verify that it is being used by the authorised account holder.

We recommend that You do not communicate your payment card details to anyone.

11. DISCLAIMERS

KASHING, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH KASHING CHECKOUT, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KASHING, ITS AFFILIATES, AND THEIR AGENTS, MERCHANTS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY KASHING, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH KASHING. EACH DISCLAIMING ENTITY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE DISCLAIMING ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS. THE DISCLAIMING ENTITIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT, OFFER, OR REWARD PROGRAM ITEM INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS ACCURATE.

12. Limitations of Liability; Force Majeure

IN NO EVENT SHALL ANY DISCLAIMING ENTITY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY DISCLAIMING ENTITY OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE DISCLAIMING ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE DISCLAIMING ENTITIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO these Terms of Service EXCEED £10 British Pounds. Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Disclaiming Entity shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

13. Governing Law

This Agreement is concluded in English.

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) (a “Dispute”) will be governed by and construed in accordance with the laws of England and Wales.

Any Dispute shall be finally resolved by arbitration under the LCIA Rules by a sole arbitrator appointed in accordance with the said Rules. It is agreed that the seat of the arbitration shall be London and the language of the arbitration shall be English.

Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that we may have under trade secret, copyright, patent or other laws. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

14. Notice

Notices and other communications to you may be made by mail, email, postings on the Kashing Website or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the Kashing Website. Notice to Kashing may be made to Kashing Limited, Vintage House, 37 Albert Embankment, Lambeth, London, SE1 7TL.

15. Modification of Terms of Service

We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time by posting notification here or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Kashing.

16. Assignment

You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. Kashing reserves the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

17. Complaints

If you’re a Kashing user and would like to make a complaint about our services, please tell us soon so we can put it right and make improvements. Write to us at [email protected] and we’ll make sure to address it promptly. Please be sure to include your transaction and contact details so we can get back to you as soon as possible.

Alternatively we are a phone call away on:
Call: 0800 014 2950
International: +00 44 (0) 800 014 2950

Kashing will handle complaints in accordance with the guidelines from the Financial Services Authority (FCA) regarding handling of complaints regarding financial services to consumers.

If we are unable to resolve a complaint, you may refer your complaint to the Financial Ombudsman Service, by post to Financial Ombudsman Service, Exchange Tower, London, E14 9SR, by e-mail to [email protected], or by phone 0300 123 9 123 or 0800 023 4567, or visit www.financial-ombudsman.org.uk