Booking Terms

Last updated June 2019

Summary

A summary of our key Booking Terms follows. You should also read the full version further below.

  • Services that can be booked through A FINE HOUR are provided by our Partners and not by us. We are only responsible for arranging and concluding your Booking and we have been appointed by our Partners to act as their commercial agent to do so.
  • Payments (which are accepted in GB pounds sterling and Euros) must be made at the time of booking and not at the Partner’s venue. When you pay for Services from our Partners through our Website or App, we collect and receive your payment on behalf of the relevant Partner in our capacity as their commercial agent and our receipt of your payment will discharge your debt to the Partner for the Services.
  • The contract for the Services is directly between you and the relevant Partner. We are not liable for the Services you receive from our Partners. However, please do let us know if you encounter a problem with a Partner or their Services and we’ll do our best to help.
  • Please check all details and any restrictions relating to a Service thoroughly before submitting a request for a Booking.
  • Please ensure that any relevant medical or other allergy/health information is disclosed to the relevant Partner before your visit.
  • We reserve the right to deactivate your A FINE HOUR account if you breach these Booking Terms and/or if you act in a way that is inappropriate, abusive or otherwise unacceptable towards our employees or those of a Partner, either in communications via phone or email, or in person at the Partner’s venue.
  • If you want to change or cancel a Booking you can request this by:
    • using your A FINE HOUR account on the Website or App;
    • using the chat function on the Website or App
    • following the link in your Booking Confirmation;
    • email to  [email protected]
  • If you cancel a Booking less than 24 hours before your visit, you will be charged in full. If you cancel a Booking more than 24 hours before your visit, we will give you a full refund, less the Processing Fee, which we will keep to cover the costs which we will have incurred with our payment provider when we accepted your Booking.

Full terms

Please read these Booking Terms carefully before you complete any transactions via the Website or App as these Booking Terms will apply to your transaction. If you do not agree with these Booking Terms, you must not use our Website or App to make a Booking.

  1. Defined Terms
    1. In these Booking Terms the following terms have the following meanings:
      1. “A FINE HOUR Contract” has the meaning given in clause 2.4(a) below;
      2. “App” means the A FINE HOUR booking application on Android or iOS;
      3. “Booking" means a booking or appointment at a specific time/date with a particular Partner for the provision of Services whether made via the Website or App which has been confirmed by us and a Booking Confirmation issued;
      4. “Booking Confirmation” means our written confirmation (usually by email) that your Booking has been confirmed following submission by you of a Booking request via the Website or App;
      5. “Customer", "you" and "your" means you, the buyer of any Services;
      6. "Partner(s)" means our selected third party providers of goods and services who offer their goods and services for sale via our Website or App;
      7. “Partner Contract” has the meaning given in clause 2.4(b) below;
      8. “Processing Fee” means a transaction fee of 2% (or such other amount as we may notify to you before you submit a request for a Booking) which is included in the cost of your Booking;
      9. "Services" means any gyms, pools, spas, salons, meeting rooms or other facilities, goods and services which are offered by a Partner for booking via the Website or App;
      10. “Website” means the website at www.afinehour.com.
  2. The Services
    1. The A FINE HOUR Website and App are operated by A FINE HOUR Limited, a company incorporated in England with registered number 11502991 and its registered office at Ground Floor, 45 Pall Mall, London, United Kingdom, SW1Y 5JG ("A FINE HOUR", "us", "we" or "our").
    2. The Website and App allow you to book and pay for Services which are provided by our Partners and not by us. All Services booked via our Website or App are the responsibility of the Partner which provides the Services and A FINE HOUR is not liable to you in respect of those Services.
    3. Payment for the Services is made via the Website or App to A FINE HOUR acting as commercial agent on behalf of the Partner and our receipt of the correct payment will discharge your debt to that Partner.
    4. This means that when you purchase Services, two legally binding contracts will be created when the Booking Confirmation is issued by us:
      1. firstly, a contract is formed between you and A FINE HOUR in respect of the Booking (the “A FINE HOUR Contract”); and
      2. secondly, a contract is formed between you and the relevant Partner in respect of the Services which you book through the Website or App (the “Partner Contract”).
    5. We amend these Booking Terms from time to time as set out in clause 9. Every time you wish to make a Booking on the Website or App, please check the Booking Terms to ensure you understand the current version.
    6. Additional terms to those set out in these Booking Terms may apply to the Partner Contract. These additional terms will be notified to you before you submit your Booking request. You must also comply with any policies and procedures of the Partner which are notified to you by the Partner when you attend their venue.
  3. Bookings
    1. The process for making Bookings on the Website or App allows you to check and amend any errors before submitting your request for a Booking to us. Please take the time to read and check your Booking request at each stage of the process and before finally submitting your Booking request.
    2. We are appointed as the commercial agent of the Partner to conclude Bookings on its behalf and the Partner Contract will be formed when we send you a Booking Confirmation. Your Booking Confirmation is your receipt from A FINE HOUR. There may be a delay in your receipt of a Booking Confirmation if the Service that you have requested needs to be confirmed by the relevant Partner.
    3. If you wish to change your Booking after you have received a Booking Confirmation, you can do so as long as your visit is not due to take place within the next 24 hours by:
      1. using your A FINE HOUR account on the Website or App;
      2. using the chat function on the Wesbite or App; or
      3. email to [email protected]
    4. If you seek a change to your booking, we will try to offer you a suitable alternative. Please note that our ability and the Partner’s ability to accommodate your request will be subject to the Partner’s availability. If we are unable to accommodate your request, the cancellation policy in clause 5 below will apply.
    5. If you wish to cancel a Booking before you have received a Booking Confirmation, please notify us immediately by emailing  [email protected]
    6. We reserve the right to withdraw access to our Website and/or App and/or cancel any Booking in the event that you fail any credit or fraud prevention check or where we reasonably suspect fraud or money laundering by you or someone using your account
  4. Offers
    1. We may, from time-to-time, run promotions which offer discounts on services available through our Website, or other benefits.
    2. We reserve the right to restrict, modify or withdraw any such promotional offers at any time, without notice.
    3. Additional terms on specific offers:
      1. Promotional 10% discount for email subscribers:
        1. The offer is provided to customers who susbcribe to A FINE HOUR email updates during the promotional period,as indicated by text on the subscription form mentioning the offer.
        2. The offer may be applied to a single order consisting of full price items only, for a discount of 10% on the entire order.
        3. Only one usage of the offer is permitted per customer.
        4. The offer may not be transferred between customers.
        5. The offer is valid for a limited time only and will expire no later than 15 December 2019.
      2. Promotional £15/€15 discount for email subscribers:
        1. The offer is provided to customers who susbcribe to A FINE HOUR email updates during the promotional period,as indicated by text on the subscription form mentioning the offer.
        2. The offer may be applied to a single order consisting of full price items only, for a discount of £15 or €15 on the entire order (consistent with the currency in which the items are chargeable).
        3. A minimum spend of £100 (or €100) prior to any discounts being applied is required to use the offer.
        4. Only one usage of the offer is permitted per customer.
        5. The offer may not be transferred between customers.
        6. The offer is valid for a limited time only and will expire no later than 15 December 2019.
      3. Promotional £15/€15 vouchers for referring a friend:
        1. The offer is provided to customers who (a) are referred to A FINE HOUR and (b) refer a friend to A FINE HOUR during the promotional period, as indicated by text on emails or the user Profile page mentioning the offer.
        2. A user who signs up to an account with A FINE HOUR after visiting a referral link will be sent a voucher immediately. The user who referred them will be sent a voucher when the referred user places their first order.
        3. The offer may be applied to a single order consisting of full price items only, for a discount of £15 or €15 on the entire order (consistent with the currency in which the items are chargeable).
        4. A minimum spend of £100 (or €100) prior to any discounts being applied is required to use the offer.
        5. Only one usage of the offer is permitted per customer.
        6. The offer may not be transferred between customers.
        7. The offer is valid for a limited time only. An expiry date is provided along with the voucher code.
  5. Services
    1. All Services shown on the Website or App are subject to availability and the images and/or descriptions of the Services on the Website or App are for illustrative purposes only and actual Services may vary from those images and/or descriptions. We require our Partners to ensure that all information provided by them for display on their page of the Website or App is accurate, complete and not misleading in any way, but we cannot verify the information which they provide to us. It is each Partner's responsibility to ensure that all of its Services listed on the Website or App are available and accurately described.
    2. If you are a consumer, you have legal rights in relation to services that are not performed with reasonable care and skill or are otherwise not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Booking Terms will affect these legal rights.
    3. It is your sole responsibility to communicate in advance any medical or health-related conditions and/or special needs to the Partner that might affect or be affected by any Services (for example without limitation, allergy information and health issues). Subject to clause 8.3, if you fail to disclose any such information to the applicable Partner, neither A FINE HOUR nor the relevant Partner shall be liable to you (or the recipient of the Services if not you) for any injury, loss or damages resulting from the Services that could reasonably have been avoided if you (or the recipient of the Services if not you) had disclosed that information prior to receiving the Services.
  6. Cancellations
    1. In addition to your other legal rights, you may in certain circumstances have the right to cancel a Partner Contract and/or A FINE HOUR Contract (as applicable) in accordance with the terms set out in this clause 5.
    2. If you wish to cancel a Booking following receipt of a Booking Confirmation, you can do so up to 24 hours prior to your scheduled visit and we will give you a full refund via the original method of payment minus the Processing Fee, which we will keep to cover the costs which we will have incurred with our payment provider when we accepted your Booking.
    3. If you cancel within the 24 hours prior to your scheduled visit, you will not be eligible for a refund.
    4. Cancellations must be made by one of the following methods:
      1. using your A FINE HOUR account on the Website or App;
      2. using the chat function on the Wesbite or App; or
      3. email to [email protected]
    5. PLEASE NOTE THAT IT MAY ON OCCASION NOT BE POSSIBLE TO CANCEL A BOOKING BUT WE WILL TELL YOU IF THIS IS THE CASE BEFORE YOU MAKE YOUR BOOKING SO THAT YOU CAN DECIDE WHETHER OR NOT YOU WANT TO PROCEED WITH A BOOKING ON THAT BASIS.
  7. Resolving Issues
    1. If you encounter any issues with the Website or App, please contact us directly by:
      1. using the chat function on the Wesbite or App; or
      2. email to [email protected]
    2. If you encounter any issues with the Services, please contact the relevant Partner in the first instance. If you are not satisfied with the Partner’s response, please contact us by one of the methods set out above. Following receipt of a complaint we will contact the Partner to try and resolve the issue on your behalf. If we are unable to resolve the issue following contact with the Partner, we will work with you to find a suitable resolution.
    3. PLEASE NOTE THAT WHILST WE TAKE ALL COMPLAINTS ABOUT OUR PARTNERS VERY SERIOUSLY AND WILL ALWAYS DO WHAT WE CAN TO HELP TO RESOLVE THEM, WE ARE NOT RESPONSIBLE TO YOU FOR THE SERVICE(S) WHICH THE PARTNERS PROVIDE AND ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH A REFUND OR ANY FORM OF COMPENSATION IN THE EVENT YOU ARE DISSATISFIED WITH SERVICES WHICH YOU HAVE RECEIVED FROM OUR PARTNERS.
  8. Price and payment
    1. Prices will be as quoted on the Website or App but may be subject to change by A FINE HOUR or Partners at any time (in which case the Website or App will be updated accordingly) and it is possible that, despite our best efforts, some of the pricing and other information shown for certain Services is incorrect. If the correct price at the time of your Booking is higher than the price stated to you, we will contact you for your instructions before we accept your Booking. If your Booking has been accepted and you have been sent a Booking Confirmation before the pricing error was realized, if the pricing error is obvious and could reasonably have been recognized by you as a pricing error, we will provide you with the option of reconfirming your Booking at the correct price, failing which the Booking will be cancelled. Where a Booking is cancelled by us in this way, we will refund you any sums you have paid.
    2. All Services must be made at the time of booking in GB pounds sterling or Euros by credit or debit card using our online payment facility ("Payment Facility"). Do not pay the Partner directly. Any currency conversion costs or other charges incurred by you in making a payment will be borne by you in addition to the price due to us.
    3. Payments made through the Payment Facility are processed by third party payment services providers. A FINE HOUR takes reasonable care to ensure that the Payment Facility is available and functioning at all times, but cannot guarantee continuous, uninterrupted or secure access to such Payment Facility, nor can we guarantee that the facility is virus or error free. We use third party payment service providers to process payments and because there are many factors beyond our control (such as delays in the banking system or in card networks), we cannot predict or guarantee the amount of time needed to complete the processing of your payment. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will do what we can to restore the facility as soon as reasonably possible.
    4. When you pay for Services via the Payment Facility, A FINE HOUR collects the payment in its capacity as the commercial agent of the relevant Partner. Once A FINE HOUR has successfully received your payment for the Services, this will discharge your debt to the Partner on whose behalf A FINE HOUR has collected the payment.
    5. All payments must be made in GB pounds sterling or in Euros and are inclusive of the Processing Fee, VAT and any applicable taxes unless stated at the time of Booking.
  9. Liability
    1. Where we have been negligent and/or breached a contractual obligation to you, we will be liable for any loss or damage you suffer as a result, only if that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract or would have been considered by you and us to be a likely consequence of it at the time we entered into the A FINE HOUR Contract.
    2. We do not accept any liability for the following types of loss, whether caused by breach of contract, tort (including negligence) or otherwise, even if the loss is foreseeable: loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; or waste of management or office time.
    3. We do not exclude or limit our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or for any other liability which cannot be excluded or limited under English law.
  10. Our rights to make changes to these Booking Terms
    1. We may change these Booking Terms from time to time in the following circumstances:
      1. if we change the process for accepting payment from you;
      2. if there are changes in relevant laws and regulatory requirements; and/or
      3. if there are any other changes to our business that reasonably mean we need to amend these Booking Terms.
    2. Every time you make a Booking via the Website or our App, the Booking Terms in force at that time (and available for view on the Website or the App and accepted by you at check-out) will apply to the A FINE HOUR Contract between you and us and the Partner Contract between you and the Partner. You can find the date on which these Booking Terms were last updated at the top of this page.
  11. General
    1. All communications and notices from you to us must be made by:
      1. using the chat function on the Wesbite or App; or
      2. email to [email protected]
    2. A FINE HOUR may communicate and give notice to you via post, email or by posting notices on the Website or App.
    3. Our customer support hours are: 8am-8pm Monday to Friday, 9am-6pm on Saturdays and 10am-6pm on Sundays and Bank Holidays (closed Christmas Day and New Years’ Day).
    4. A FINE HOUR reserves the right to deactivate your A FINE HOUR account in the event of your breach of these Booking Terms and/or where you acts in a way that is inappropriate, abusive or otherwise unacceptable towards our employees or those of a Partner, either in communications via phone or email, or in person at the Partner’s venue.
    5. If any of these Booking Terms are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    6. These Booking Terms will be governed by and construed in accordance with the laws of England. You and we each agree that the English courts will have non-exclusive jurisdiction over any claim or dispute arising from, or related to, the ordering and/or supply of Services via the Website or App.