Terms and Conditions
Totalstay is the retail brand of JacTravel Limited. JacTravel Limited (referred to in these terms as "JacTravel”, “Us”, “Our”, “We"), is registered in England & Wales with company number 04714729. Our registered address is 30 City Road, London EC1Y 2AB.
These terms and conditions are the agreement between whoever shall use this site and JacTravel. They set out the rights and obligations of all users and those of JacTravel in relation to the services and products offered by this website. In these terms and conditions, the term "the Agent" refers to you, acting as our Sub-Agent and "Customer" refers to the traveller (your client). In some cases you may sell the products onwards as Principal; please refer to your commercial agreement with us. Please note that these Terms and Conditions apply in addition to the terms of any commercial agreement we have in place with you, the user of this site. In the event of any conflict between these terms and conditions and the terms of any commercial agreement between us and you, the terms and conditions of the commercial agreement shall prevail. If you have any questions about these terms and conditions, please email us at firstname.lastname@example.org.
1. Use of the Site
You agree to be bound by the following terms of trading on this Site:
WE ACT ONLY AS BOOKING AGENT FOR THE ACCOMMODATION/SERVICE PROVIDERS. THE CONTRACT FOR ACCOMMODATION OR OTHER SERVICES IS BETWEEN THE CUSTOMER AND THE ACCOMMODATION PROVIDER.
References to "Providers" means the owner/provider of the hotels, apartments and other accommodation of any description featured on the website and "Accommodation" means the accommodation including all facilities and services advertised on our website that we have agreed to arrange in connection with your confirmed booking. The site is available to you for making legitimate hotel bookings only - not for speculative, false or fraudulent bookings.
You accept financial responsibility for all transactions made under your agent log-in and you agree to give us accurate information about all people traveling on a Booking.
Before you click on the 'Confirm' button at the end of the Booking process, please ensure that you have carefully read all the terms and conditions. By clicking on the 'Confirm' button you are committing to be bound by these terms and conditions.
2. Making a Booking
All Bookings must be made online or through JacTravel call centre. JacTravel requires at least one name for each room booked. It is the Agent's responsibility to check all details of the Booking including Customers’ names, arrival date, departure date, number of nights, hotel name and rooms booked. JacTravel needs to be informed immediately of any errors as we cannot guarantee to be able to make corrections at a later date.
Where in exceptional circumstances errors are found on the website they will be corrected and JacTravel reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, JacTravel will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
2.1 Group bookings (10 pax or more)
The Agent must complete the group’s enquiry form. A member of the JacTravel groups department will then contact the Agent to discuss booking requirements/make the booking. The hotel has the right to apply certain conditions, which will be advised to the Agent at the time of booking. Group bookings must not be split into smaller multiple bookings.
2.2 Booking Confirmation
By proceeding to book accommodation and/or other services through the site, you accept that you will be entering into a contract with the Provider on their standard terms and conditions. If they are provided we will endeavour (but undertake no liability to do so) to make copies of the Provider's terms and conditions available to you. JacTravel will issue a reference number and email the Agent the Customer's confirmation voucher on behalf of the Provider. You must provide your Customers with their confirmation voucher and instruct them to hand this to staff at the hotel upon check in. Failure to do this may lead to the hotel refusing your Customer's booking &/or requesting an additional direct payment for the cost of their stay, and you will be held liable if this happens. This email voucher is their proof that the hotel booking has been prepaid. Please advise your Customers not to allow the hotel to charge them as they have already prepaid - please contact us first so we can endeavour to resolve any dispute directly with the hotel in the event of any confusion. All extras incurred by your Customers must be paid directly to the hotel before departure. JacTravel will not pay hotels for Customer's personal hotel charges.
2.2.1 Credit/Invoice Agents
Once you have hit the 'Confirm' button and JacTravel have sent you the booking confirmation, your Customer will be entering in to a legally binding contract with the Provider. At this point you are authorising JacTravel to invoice you for the total amount of the booking in accordance with your pre-agreed invoice terms.
2.2.2 Credit Card Payment Agents
Once you have hit the 'Confirm' button and JacTravel have sent you the booking confirmation, your Customer will be entering into a legally binding contract with the Provider. At this point, you are authorising JacTravel, as agent for the Provider, to debit your credit or debit card for the total amount of the booking.
2.3 Special Requests
Special requests to hotels such as non smoking or adjoining rooms will be passed on to the Provider but cannot always be confirmed or guaranteed. Disabled rooms usually have wheelchair access but MAY NOT include features for the seriously disabled. An email should be sent to email@example.com if a disabled room is required so that the hotel can be informed. Disabled rooms are on request and are subject to confirmation by the Provider. JacTravel cannot be held responsible if an adapted room is not provided upon arrival.
2.4 Hotel Facilities
The Agent must acknowledge that the availability of the facilities and features listed for each hotel are under the direct control of the hotel and as such JacTravel cannot be held responsible if those facilities or features are not made available to the Customer during the period of their stay. If a facility or feature is of particular importance to the Customer, then the Agent should check with JacTravel or the hotel that this facility or feature will be available during the dates of the Customer's stay. Please note that in particular, swimming pools and air conditioning are only available seasonally and it is the Agent's responsibility to check whether these facilities will be available during the Customer's stay.
The Agent acknowledges that the inclusion in the hotel's facilities of car parking means that a provision is made by the hotel for car parking. The availability and cost of the car parking is determined by the individual hotel. It is the Agent's responsibility to check the availability and cost of the car parking provided by each hotel. The contact details of each hotel which may be booked via this website are set out in the confirmation voucher
2.5 Late Arrival
The Agent must ensure that JacTravel are informed in writing at least 24 hours prior to arrival of any Customer who is due to arrive at the hotel after 19h00. Failure to do so may result in problems at check-in.
2.6 Room Types
It is the Agent's responsibility when making a booking to ensure they have booked the correct room type for their Customer. All details of the room types and the number of people that can be accommodated in the room are available on the search screen and should be double checked on your email confirmation. Room types available are as follows:-
Single Room - Contains one single bed. Suitable for one person. Please note that if your Customer's booking is at a Hostel then a Single MAY denote a single bed in a dormitory room.
Twin Room - Suitable for two people. Please note that in the US and Canada twin/double is the opposite of the European definition. Double or twin rooms may only contain one bed. Customers can request separate beds upon arrival, however separate beds are not guaranteed.
Double Room - Contains one double bed or two single beds made up as a double. Suitable for two people. In the US and Canada, a double room MAY contain two double beds and so can accommodate up to 4 people.
Double for sole use - Contains two single beds or one double bed. Suitable for one person
Triple Room - Contains one twin or double bed + extra bed or 2 double beds. Most hotels do not have one full size bed for each guest. Suitable for 3 people.
Quad Room - Please note that the room may not contain four single beds. Room may contain two double beds. Suitable for four people.
Child Bed - often a roll away bed, suitable for a child under the age of 18 years.
Cot cradle or crib - suitable for a child under the age of 2 years.
Shared Facilities - Bathroom and toilet facilities are not private en-suite. They are outside the room and are shared with other customers. In hostels, this description may include shared kitchen facilities too.
Please be aware that room type and size will vary from country to country. All descriptions are given by the Provider and JacTravel does not accept liability for any errors which may occur. Additionally, the availability of Child Beds &/or Cots is not guaranteed and will vary from hotel to hotel.
2.7 Trade Fair / Special Condition Reservations
During trade fairs or festivals hotels MAY NOT honour our usual reduced rates which means that the price you pay may be higher than the hotel's published rate. This can happen at any time when availability is scarce. Cancellation charges may vary to those laid down in the cancellation policy in accordance with terms laid down by the Accommodation Providers. JacTravel reserves the right to alter this charging structure in such circumstances on behalf of the Providers.
2.8 Photo Disclaimer
Photographs and images can be an indicative and/or generic representation. JacTravel makes every effort to ensure images used are indicative of the product being sold and are up to date, however we cannot guarantee their accuracy as they originate from the Providers. JacTravel does not accept any liability for incorrect or out of date imagery. Photos are not necessarily of the specific rooms allocated to guests and could be of different room types than those booked, e.g. standard, superior, deluxe etc.
Payment terms will be confirmed with the Agent upon completion of the booking. There are two options as follows:
3.1 Credit Card Payment
Payment must be made in full at the time of booking by the Agent on behalf of their Customer by credit card. The Agent accepts that he/she holds the authority for the card to be presented, and authorises that the card may be used to take payment for the booking. Where the Agent uses a third-party credit card, they must ensure that the cardholder is aware that the card will be charged by Jac Travel Ltd. The Agent accepts that, in the case of any chargebacks from the cardholder/credit card company relating to the use of third-party credit/debit cards, the Agent takes full responsibility and is liable for the amount due to us.
Fraud prevention is very important to Jac Travel. Our system randomly selects reservations that are taken through a security check.
We may ask you to provide additional information such as a copy of the credit card used to book the reservation. In the event that we do request this we will ask you to provide the copy with the first six and last four digits of the PAN (card number) visible only. We do not store this data on file once the security check is complete. The data is disposed of securely.
Failure to provide the requested documentation will delay the security check confirmation and may result in (auto)cancellation.
We reserve the right to cancel a booking if we believe a credit card has been used fraudulently for payment.
JacTravel will invoice the Agent either by a) booking date or b) arrival date. Payment is due in accordance with your pre-agreed payment terms, as set out in any applicable JacTravel credit agreement.
If the Customer wishes to change the dates of travel, there may be other rates valid for the new dates requested. If the hotel cannot accommodate the requested amendment, the booking will automatically revert to its original status although JacTravel will always endeavour to offer a suitable alternative.
Should the Customer wish to check out of the hotel earlier than expected, please ask them to obtain a check-out slip from reception / front desk. Also contact us as soon as possible after check-out in order for us to begin the request for a refund from the Provider for the unused nights. If the hotel staff confirm any refund, please ensure that your Customer gets this in writing to assist us in resolving any potential dispute. Please note that all assistance given by JacTravel in relation to complaints is by way of goodwill gesture in our capacity as agent for the Provider.
4.1 Customer Amendments
JacTravel does not charge booking amendment fees however it should be noted that the original room rate is subject to change on amendment as advised by the Provider in question. Certain bookings may be non-amendable and fees may be incurred however this will always be clearly stated prior to confirmation of the original booking.
4.1.1 Online - Certain amendments can be effected through the Agent's account online. Where an amendment cannot be effected online, the Agent must email the JacTravel customer service department for assistance at the address below.
4.1.2 Email - The agent should contact JacTravel by e-mail at firstname.lastname@example.org. All amendment requests must be received in writing and are subject to availability.
4.1.3 Amendment Policy
Bookings amended 48 hours (commencing from 00.00 hours GMT) or more prior to the day of arrival - no charges.
Bookings amended within 48 hours (commencing from 00.00 hours GMT) or the day of arrival may be subject to charges from the Provider which will be passed onto the Agent. However all bookings are subject always to clause 2.7 above.
4.2 Group Amendments
Where group bookings are applicable, Agents can amend group bookings by sending an email to email@example.com. All amendment requests must be received by JacTravel in writing. JacTravel will endeavour to amend bookings free of charge unless JacTravel incurs a charge from the Accommodation Provider. In this instance JacTravel will pass the charge onto the Agent.
It is the Agent's responsibility to ensure that all cancellation requests are correctly submitted to JacTravel. The Agent must also ensure they have received written confirmation from JacTravel that the booking has been cancelled.
Should the customer fail to arrive at the hotel on the first night of the booking, the whole booking may be cancelled and the Agent will be charged 100% of the first night. Additional charges may be applied depending on the hotel and destination
5.1 Customer Bookings - Cancellations by the Agent
Agents can cancel bookings online or by email.
5.1.1 Online - The Agent should log in to their account on the JacTravel website to make any cancellations. The Agent will be shown a summary of any applicable cancellation charges and to proceed with the cancellation the Agent must click 'Submit'. JacTravel will email the Agent with confirmation of the cancellation.
5.1.2 Email - The Agent should contact JacTravel by email at firstname.lastname@example.org quoting the JacTravel booking reference. JacTravel will email the Agent with confirmation of the cancellation.
5.1.3 Cancellation Policy
Bookings cancelled 48 hours (commencing from 00.00 hours GMT) or more prior to the day of arrival - no charges.
Bookings cancelled within 48 hours (commencing from 00.00 hours GMT) or the day of arrival - 100% of the first night.
However all bookings are subject always to clause 2.7 above.
5.2 Group Bookings Cancellations by the Agent
Cancellations must be made in writing to our Groups Department on email@example.com.
JacTravel will advise the agent of cancellation provisions which apply at the time of booking.
5.3 Cancellations by the Provider
In the unlikely event of a confirmed booking later becoming unavailable, the Provider will abide by the following:
i. The Provider will offer a suitable alternative in the same category or better within a similar location or a full refund.
ii. JacTravel will inform the Agent in writing of any changes to bookings providing the Accommodation Provider has informed JacTravel.
iii. Usually, this will be done in advance of travel however where this is not possible, JacTravel will endeavour to ensure that the Provider resolves the situation as efficiently as possible.
iv. It is the Agent's responsibility to cancel any alternative if you or your Customer does not approve of the hotel offered. Failure to cancel an alternative that is not acceptable will result in non-arrival charges. All cancellations must be made in writing to firstname.lastname@example.org 48hrs prior to arrival.
v. If the Customer encounters any problems whilst at the hotel the Agent should abide by the JacTravel complaints procedure documented in section 6.
6. Complaints Procedure
In the unlikely event a Customer is unsatisfied with their hotel, the Agent must ensure the following steps are adhered to:
6.1 Please instruct the Customer to discuss any issues directly with the hotel management.
6.2 Should the hotel not resolve the Customer's complaint the Agent should contact our Customer Service Department. The JacTravel customer service team will endeavour to assist in order to rectify the situation. Failure to contact us straight away may compromise our ability to deal with your problem satisfactorily. It will also assist us in disputing any issues if you gather as much evidence as possible e.g. photographs. Please also note that we cannot be held liable for any additional charges incurred by you if alternative accommodation is sourced without our/the Provider’s knowledge or authorization.
6.3 Should your customer still feel that the complaint has not been resolved, please forward their complaint in writing with full details of any actions you/the customer has already taken to email@example.com within 10 days of the travel date. JacTravel will liaise with the Provider and abide by the following timescales:
i. an acknowledgement sent within three working days
ii. a substantive reply and conclusion within 15 working days
Please note that all assistance given by JacTravel in relation to complaints is by way of goodwill gesture in our capacity as agent for the Provider. The Provider agrees that JacTravel may handle complaints on their behalf as set out above.
7. Force Majeure
JacTravel do not accept liability or pay compensation for any loss, damage or expense for any failure in the course of this contract due to a force majeure. This shall include without limitation any service which we or any of the Providers could not provide due to war, threat of war, riots, civil strife, terrorist activity, industrial action, natural or nuclear disaster, fire, adverse weather conditions, closure of airports or ports, governmental intervention, accidents or technical problems with transport. Please also note that we are not responsible for external issues beyond the Provider's control such as local building works.
The Customer's contract is with the Provider. Given that we only act as agents for the hotel Provider, JacTravel can accept no liability whatsoever for any death, personal injury, loss or damage of any kind to the Customer or to the Agent, unless caused by our own negligence. Insofar as we are found to have any liability to the Customer or the Agent in relation to our role as Agent in arranging the booking, then our liability shall be limited, to the fullest extent permitted by law in all cases, to twice the value of the commission earned by us for the booking in question.
10. Law and jurisdiction
In so far as we have any liability for any matter that arises out of our obligations as agent, then any proceedings will be governed in all respects by English law and you agree to submit to the exclusive jurisdiction of the courts of England and Wales. The Customer’s contract with the Principal will be governed by and subject to the law and jurisdiction of the country in which the Principal is based, or such other country as specified within their terms and conditions.
There may be additional compulsory taxes which are payable locally and are collected directly from the Customer by the Provider. You must ensure that the Customer is aware that such local taxes may be payable in certain destinations, and that they will need to make allowances for these extra local charges.
12. Changes to Terms and Conditions
JacTravel reserves the right to change or update these terms and conditions relating to the use of the site without prior notice to the Agent. The latest version will always be available on the site and by using the Site, you are accepting the latest version available.
13. Intellectual Property
The copyright, trademarks and other intellectual property rights in and relating to this site are reserved to JacTravel. The content or data found on this site may not be reproduced, sold, transferred or modified without the prior written consent of JacTravel. You may not modify, copy, duplicate, display, reproduce, license, publish, transfer or sell any information, software, products or services obtained from the website without the prior consent of JacTravel. You must further acknowledge that you must not use any of these intellectual property rights, except whilst making a booking as set out in these terms and conditions.
14. System Integrity
The usage of any device, routine or software which inhibits or interferes with the running of JacTravel or any booking concluded upon it is prohibited. Any action which creates a load on JacTravel or infrastructure which may be considered unreasonable or disproportionate is prohibited.
15. Access to the Site
JacTravel reserve the right to deny access to the Site at any time as it may be affected by outside factors outside of our control.
These terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any remaining provisions.