Terms and Conditions

Last Updated on: 03/06/2019

1. Introduction

These terms and conditions (“Terms and Conditions”), as may be amended from time to time, apply to our online service (“Service”). By accessing, browsing and using the www.daybythepool.com website (“Website”) and/or by completing a booking, you acknowledge and agree to have read, understood and agreed to all of the Terms and Conditions set out below (including the Privacy Policy).

Further to the above, in using the Website, you agree that you are 18 years or older.

Please understand that if you refuse to accept these Terms and Conditions, you will not be able to book a day by the pool package from our Website.

2. Ownership and Management of the Website

The Website, including its content, infrastructure and supporting documentation, is owned and managed by us (“Us”), Purple Pine. All rights reserved.

3. Definitions

“Terms and Conditions” shall mean the terms, conditions and clauses in this document.

“Operator” shall mean owner and/or authorised representative of a Hotel, Resort or Lido who has a business relationship with Purple Pine.

“Operators” shall mean plural of “Operator”.

“Service” shall mean the facilitating and booking of a day by the pool package at the Operator’s respective Hotel, Resort or Lido.

“Website” shall mean the website www.daybythepool.com.

“Us” shall mean Purple Pine, the owners and managers of the Website.

“We” shall also mean Purple Pine, the owners and managers of the Website.

“Client” shall mean you, a natural person making use of the Website.

4. Scope and Nature of Our Service

The Website serves as an online platform on which Operators can market and sell their day by the pool packages. Using the Website, the Client can secure a booking for a day by the pool package as offered by the Operator.

The Service being provided is for your personal, non-commercial use only, and is subject to these Terms and Conditions.

Similarly, the day by the pool packages made available on the Website are for personal and non-commercial use only. Therefore, you are not allowed to re-sell, use, copy, display, download or reproduce any content or information, software, bookings, tickets, services available on the Website for any commercial or competitive activity or purpose.

5. Terms & Conditions of Operators

Before proceeding further, it is prudent to point out that Operators may have their own terms and conditions, which may include certain disclaimers and limitations of liability. It is your responsibility to check the Operators’ terms and conditions before proceeding with a booking.

6. Prices

All prices for your day by the pool packages are in Euro and displayed including VAT unless stated differently on our Website or in the confirmation email / ticket sent to you by Us. Obvious errors and mistakes (including misprints) are not binding.

7. Making Your Booking

When affecting a booking on our Website, you are instructed to select with care all fields and options, and input details of interest correctly. We are 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.

8. Payment Processing

In line with our Service, We facilitate the payment of your day by the pool package booking (which amount, is a fraction of the total price of the day by the pool package being sold to you by the Operator). The payment for the booking is safely processed from your credit / debit card or bank account through a third-party payment processor. This initial payment will in each case constitute a partial payment of the day by the pool package you selected, and both you and the Operator shall be notified of the outstanding amount to be settled, which amount is to be settled on the day at the Operator’s establishment, unless otherwise instructed in the Website or booking ticket issued.

9. Refund Policy

In principle, deposit paid shall be non-refundable. If you cannot make it for the day by the pool you booked, you are to contact the Operator and ask for an alternative date. If, for extraordinary reasons, you are not in a position to accept the alternative provided, We shall refund up to 90% of the deposit effected. The remaining 10% will be retained to cover the expenses related to the refund transaction incurred by Us.

If you wish to review or adjust your booking, please refer to the confirmation email sent to you and follow the instructions therein.

10. Your relation with the Operator

By using the Website and successfully securing a booking, you enter into a commercial relationship with the Operator. From the point you make your booking, We act solely as an intermediary between you and the Operator, transmitting the relevant details of your booking to the relevant Operator and sending you a confirmation email for and on behalf of the Operator. We do not offer any day by the pool packages per se.

Please note that:

• We disclaim any liability or responsibility for any communication by or with the Operator.
• We cannot guarantee that any request or communication will be (duly and timely) received / read by, complied with, executed or accepted by the Operator.
• In the case where a lunch and/or dinner is offered by the Operator as part of the day by the pool package, it is your responsibility to check about any food allergens and other dietary or health issues.

11. Accuracy of Information Provided by Operators

The day by the pool packages are uploaded in the system by the Operators themselves. It is the Operators who are responsible for updating the prices, availability, policies, conditions and other relevant information (including photos) which is displayed on the Website. This means that the information We disclose is based on the information provided to Us by the Operators and as such, We will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can We be held responsible for any errors, inaccurate, misleading or untrue information or non-delivery of information. Each Operator remains responsible at all times for the accuracy, completeness and correctness of the information (including the prices, availability, policies, conditions and other relevant information) displayed on our Website.

12. Exclusion of Liability

You acknowledge and agree that the relevant Operator is solely responsible for the day by the pool package offered, including its coordination and management.

We shall not be liable for any direct or indirect or consequential damage, economic loss, expenses suffered or incurred, property damage, (personal) injuries sustained, loss of life or force majeure.

13. Privacy and Cookies

We respect your privacy. Please have a look at our Privacy Policy for further information.

14. Fraud

In the remote case of credit card fraud arising from, or linked to, your day by the pool booking on our Website, please contact us immediately on info@daybythepool.com with details of occurrence. We shall only be liable for credit card fraud that results through our default or negligence, and not through a fault of your own while using the Website.

15. Security

We take every reasonable measure possible in order to make the Website secure but We give no warranty that the Website is free from viruses or other injurious elements.

Unfortunately, the transmission of information via the internet is not completely secure. Although We take steps to protect your information, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk.

16. Website Functionality

In the remote case that our Website is down or not functional, We disclaim any liability or responsibility for the Service not being delivered as intended. In such circumstance, We will endeavour to resolve issue as soon as practically possible.

17. Right to Make Changes

We reserve the right to make changes to the Website and/or Service, at any time without notice.

This right is also applicable to these Terms and Conditions. We recommend that you read carefully the Terms and Conditions each time you visit and use our Website.

18. Claim or Complaint

If you wish to raise a claim or complaint, then We would welcome the opportunity to discuss your concerns with you, and pledge to resolve any issue immediately. You can reach Us on info@daybythepool.com.

19. Applicable Law and Dispute Resolution

These Terms and Conditions and the provision of our Service shall be governed by and construed in accordance with Maltese law. If not resolved amicably, any dispute arising out of these Terms and Conditions and our Service shall be submitted to the competent Courts in Malta.