8.2 Additional terms may apply to your use of our digital channels whether you make a reservation through them. These are published on the relevant digital channel. Please take the time to read these as they include important terms which apply to you.
8.3 Amendments to these terms: We reserve the right to change these terms from time to time and the terms applicable to your booking are those in force on the date of booking.
8.4 Statutory Rights: If you are an individual consumer you have certain legal statutory rights. If any of these terms conflict with a statutory right or the law changes and your statutory rights change, then the statutory rights will prevail over these terms. For more information on your statutory rights see https://www.gov.uk/consumer-protection-rights or call 03454 04 05 06 or contact your local Citizens' Advice Bureau or Trading Standards office.
8.5 Events Beyond our Reasonable Control: Tiamat LTD shall not be in breach of these terms or liable for any failure to perform any of our obligations in relation to your booking (such as the provision of room(s) and/or other products and/or services and/or Extras) due to any adverse event, act, omission or accident which happens which is beyond our reasonable control including but not limited to flood, earthquake, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism, partial or full cancellation or delay of major public event, interruption or fire (except by way of our default) or failure of (except by way of our default) electric power, gas, water, or other utility service, plant machinery, computers, vehicles or any collapse of building structures. If an event outside our reasonable control is reasonably likely to prevent us from performing your booking we may cancel your booking on notice to you (by email) and will refund in full any payment made by you in respect of such booking to the payment card that you used to make the booking, including any Extras and booking fees.
8.6 Complaints, Questions and Disputes: If you wish to make a complaint or have a question regarding your booking please click here to contact us using the ‘Contact Us’ link on our website. We will respond to you as quickly as we can and normally within 4 working days. If you make a complaint to us in relation to your booking and that complaint remains unresolved as between you and us you may use either of the following independent consumer dispute resolution organisations to raise a complaint separately:
8.7 We will not be liable for any losses which are not caused by either a breach of these terms by us, our non-compliance with our duties under applicable legislation or our negligence. We will also not be liable for any losses which were not foreseeable to both parties when the contract was formed. Loss is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen for example if you discussed it with us during the booking process.
8.8 We want to provide a safe and secure environment for your stay and where necessary we will take appropriate security measures. If an incident occurs during your stay resulting in theft, loss or damage of your property we will carry out an internal investigation. If we do not feel certain that your property was stolen, lost or damaged through any fault of ours, our staff or agents our liability will be limited to the maximum sums under the Hotel Proprietors’ Act 1956 (or the London Local Authorities Act 2004 in the case of hotels in Greater London) and if an incident is referred to the Police and they draw the same conclusion as us this will also be evidence that our liability is limited to those maximums. If the loss is caused by an act of negligence by the customer, or by an Act of God (such as a flood) our liability will be limited to the maximum sums under the Hotel Proprietors’ Act 1956.
8.9 In respect of all losses which are not subject to a maximum liability under the clause 8.8 or are not covered by the relevant legislation, our total liability to you for any and all losses shall not exceed twice the total daily rate we charge you for your booking. If your booking includes a number of different daily rates, the average rate will be used.
8.10 We will not be liable in any circumstances for any loss or damage to vehicles you bring to the hotel or any property left in them regardless of whether they are parked in a car park connected to the hotel or not.
8.11 Nothing in these terms will exclude or limit our liability for fraud or death or personal injury caused by our negligence or any other matter which it would be illegal for us to (or to attempt to) exclude or limit.
8.12 Severability: If any provision in these terms is found to be illegal, invalid or unenforceable in whole or in part then the provision will apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable. The legality, validity and enforceability of the remainder of these terms shall not be affected.
8.13 Waiver: Any failure by us to enforce our rights or remedies under these terms or otherwise or any delay in enforcing such rights or remedies shall not be construed as a waiver by us of those or any other rights or remedies.
8.14 Third Party Rights: This contract is between you and us. No other person shall have any rights to enforce any of its terms.
8.15 Law: These terms and any non-contractual obligations arising out of or in relation to these terms shall be governed by and will be interpreted in accordance with English law. All disputes arising out of or relating to these terms or any non-contractual obligations arising out of or relating to these terms shall be submitted to the non-exclusive jurisdiction of the English courts.