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Privacy Policy - ServAce
Terms and Conditions: Apprentice Booking Service
These terms and conditions apply to the payment process offered to you as part of the
operation and the management of the Apprentice and Training Booking Service operated by
ServAce Solutions Limited.
For the purposes of these terms and conditions we will call and refer to our company as
ServAce or the Company.
ServAce is a company incorporated under the Companies Act (Registered Number 5839034)
whose registered office at: Unit 10 Chapell Lane South, Wynyard Business Village, Wynyard,
TS22 5FG
Definitions:
Apprentice Service means the scheduling and booking service and online platform provided
by ServAce.
Accommodation Service means the hotel accommodation services provided by the Third
Party Suppliers Hotels and other accommodation providers and arranged by us as part of
the Services.
Booking means the accommodation bookings made by the customer on behalf of the end
client for it’s Learner’s.
Booking Confirmation means the confirmation of a booking made by ServAce on behalf of
the Client.
Contract means these terms and conditions, Framework Agreement or other document(s)
from ServAce to the Client containing details of the Booking contractual obligations for any
services we have provided.
Customer means any person, firm or company who contracts for the provision of the
Services.
End Client means you, the customers end client, connected parties or dealership network.
Learner means any Learner in respect of whose Accommodation Service we provide the
Services for on the instructions of the customer.
Services means the services including the scheduling, booking and payment of
accommodation and subsistence only bookings, related to the Customer’s apprentice
training programmes.Third Party Suppliers means any third parties who supply any accommodation or other
related services to the Customer.
Materials means all or any expertise, business systems, documentation, programs, and all
other Materials owned by ServAce.
Payment Method means the method that the Customer uses to pay ServAce including
Stripe, Direct Debit, Credit Card, Charge Card, Credit Account, etc.).
System means the ServAce booking system which the customer has access to and uses to
upload, amend and cancel all bookings
References to “you”, “your” etc., are references to the Customer, authorised
representatives of the Customer or those for whom bookings are made by the Customer or
the Services are requested by the Customer.
General Terms and Conditions
1. General
a) The conditions shall be deemed to be incorporated into all payments taken by ServAce,
and all work undertaken by ServAce shall be deemed to be carried out on the terms of these
conditions unless otherwise expressly agreed in writing by ServAce.
b) By paying for a booking, via our System, you are entering into a legally binding contract
[with the relevant Third-Party Supplier] in respect of the Accommodation Services to be
provided by such Third-Party Supplier].
c) For the avoidance of doubt, ServAce shall not be responsible for any default or failure in
any supply by any Third-Party Supplier or for any loss, claim, cost, damage, or injury incurred
by the customer or any Learner (directly or indirectly) as a result of the supply by the Tird
Party.
d) No Learner or End Client or any other third party will have any rights against ServAce,
whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise.
2. Payment
a) The Customer shall contract with the Third-Party Suppliers, and ServAce shall make
payments due underneath that contract and you shall pay to ServAce on demand all costs,
fees, taxes etc. related to the booking made by the Customer via the System on your behalf.
b) A payment link will be sent to you as part of the booking confirmation which will allow
payment to be made by Automatic bank transfer or credit card.
c) Payment must be made in a timely manner and at least 5 working days prior to the date
of check in.
d) Where payment is not made in line with clause 2(c ) the booking will be cancelled and
notice of non-payment will be sent to the customer.e) Payments will be subject to a booking fee levied by a third-party payment processing
platform. This is currently set at 1.9% plus 20p of the booking total (the Booking Fee) . This
will be shown in the booking breakdown available on the System.
f) You are responsible for the accuracy of all data supplied to ServAce in making the
payment. If such information is found to be incorrect additional costs may apply to correct
such data.
g) Once payment has been taken, any amendments to the bookings must be made via the
System. Where the amendment results in a change to the booking total, any additional
amount will automatically be taken from the payment method used for the original
booking.
h) Once payment has been taken, where a booking is cancelled prior to the start date of the
booking you will receive a refund for the amount of the booking minus the Booking Fee.
Refunds may take up to 5 working days to process.
i) Once a Learner has checked into the Hotel, the full charge of the stay will be payable, and
no refunds will be given.
j) A booking receipt shall be sent to you at the time the payment is made. This is not a VAT
invoice and merely confirmation that a payment is being processed for the booking.
k) Each month we will provide you with a monthly Hotel Billback summary which will confirm
the total amount chargeable to VAT which is your customer’s input VAT to recover, subject
to the normal VAT recovery rules.
l) If an admin fee is paid by you to ServAce, we will separately provide you with a VAT
invoice in respect of the fee payable for our services in arranging the Bookings on your
behalf.
3. Application of conditions
a) By agreeing to make payment through the payment link, you shall be deemed to have
accepted these terms and conditions.
b) In making the bookings ServAce acts as an intermediary on behalf of the customer and for
the avoidance of doubt, ServAce shall not be responsible for any default or failure in any
supply by any third party or for any loss, claim, cost, damage, or injury incurred by the
customer or any Learner (directly or indirectly) as a result thereof.
4. ServAce acting as Agent
ServAce acts purely as an agent with regards to the booking and is only responsible for the
use of the System by the customer and the processing of the payment. All other financial
liability rests with the customer.5. Withdrawal of Payment Solution
5.1 Without prejudice to any other rights or remedies which the ServAce may have, ServAce
reserves the rights at anytime to withdraw the payment facility upon giving notice to you if:-
(a) the Customer terminates the Contract [or requests that the payment facility is removed.]
(b) the Customer commits a material breach of the Contract; or
(c) an order is made or a resolution is passed for the winding up of the Client, or
circumstances arise which entitle a court of competent jurisdiction to make a winding up
order of the Client.
6. Force Majeure
ServAce shall have no liability to the Client under this Contract if it is prevented from or
delayed in providing the Payment Services by acts, events, omissions or accidents beyond its
reasonable control, including strikes, lock-outs or other industrial disputes, failure of a utility
service or transport network, act of God, war, riot, civil commotion, malicious damage,
compliance with any law or governmental order, rule, regulation or direction, accident,
breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-
contractors.
7. System Issues
7.1 ServAce shall have no liability to the Client under this Contract if it is prevented from or
delayed in providing the Payment Services by issues experienced with System or by the
Third-Party Payment solution.
7.2 Whilst we aim to provide continuous access to the Services unfortunately, given the nature of
the Services, we cannot guarantee that they will be uninterrupted or error free.
7.3. Wherever possible, we will provide advance warning (for example, on our website) of any
known or planned interruptions and we will try to ensure any interruption is kept as brief as
possible.
7.4 If circumstances happen beyond our reasonable control, we will not be liable for any failure to
perform our obligations under this Agreement because of those circumstances, and we will be
excused from that failure for so long as those circumstances continue. Interruptions caused by
factors outside our control may include: failure of our or your internet service provider, a distributed
denial of service attack (where hackers overload networks with data in an effort to disable them).
8. PCI DSS & Data Protection8.1 The Payment Solution is Level 1 PCI DSS compliant, which sets out the industry standards for
maintaining a secure environment.
9. Severance
9.1 If any provision of this Contract is found by any court or administrative body of
competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions will
remain in force.
9.2 If any invalid, unenforceable or illegal provision would be valid, enforceable, or legal if
some part of it were deleted, that provision will apply with whatever modification is
necessary to make it valid, enforceable, and legal.
10. Governing law and jurisdiction
10.1 The Contract and any dispute or claim arising out of or in connection with it or its
subject matter, shall be governed by, and construed in accordance with, the law of England
and Wales.
10.2 The parties irrevocably agree that the Courts of England and Wales shall have exclusive
jurisdiction to settle any dispute or claim that arises out of it or in connection with the
Contract or its subject matter.
11. VAT
VAT will be charged where applicable at the rate in force on the date of supply.
12. Data Protection and Confidentiality
Please see our separate documented Privacy Policy.
We, us, our
Personal information
ServAce, Hospitality Guaranteed, HGOneStop, ApprenticeStop, ConferenceStop, AccomodationStop, EventStop
Any information relating to an identified or identifiable individual
Special category personal information
Personal information revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership
Genetic and biometric data
Data concerning health, sex life or sexual orientation
Personal information relating to children under 18.
Personal information we collect about you
We may collect and use the following personal information about you:
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your name and contact information, including email address and telephone number and company details
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Information to enable us to check and verify your identity, eg your date of birth
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your gender information
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location data
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your billing information, transaction and payment card information
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your personal or professional interests
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your contact history,
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information from accounts you link to us, eg Facebook
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information to enable us to undertake credit or other financial checks on you
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Information about how you use our website, IT, communication and other systems
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your responses to surveys, competitions and promotions
This personal information is required to provide services to you. If you do not provide personal information we ask for, it may delay or prevent us from providing services to you.
How your personal information is collected
We collect most of this personal information directly from you—in person, by telephone, text or email and/or via our website. However, we may also collect information:
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from publicly accessible sources, eg Companies House;
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directly from a third party, eg:
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your employer
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credit reference agencies;
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customer due diligence providers;
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from a third party with your consent, eg your bank or building society
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from cookies on our website—for more information on our use of cookies, please see our cookies policy
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via our IT systems, eg:
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automated monitoring of our websites and other technical systems, such as our computer networks and connections, access control systems, communications systems, email and instant messaging systems;
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How and why we use your personal information
Under data protection law, we can only use your personal information if we have a proper reason for doing so, eg:
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to comply with our legal and regulatory obligations;
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for the performance of our contract with you or to take steps at your request before entering into a contract;
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for our legitimate interests or those of a third party; or
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where you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
The table below explains what we use (process) your personal information for and our reasons for doing so:
What we use your personal information for
To provide services to you
To prevent and detect fraud against you
Conducting checks to identify our customers and verify their identity
Our reasons
For the performance of our contract with you or to take steps at your request before entering into a contract
For our legitimate interests or those of a third party, ie to minimise fraud that could be damaging for us and for you
To comply with our legal and regulatory obligations
Screening for financial and other sanctions or embargoes
Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, eg under health and safety regulation
Ensuring business policies are adhered to, eg policies covering security and internet use
Operational reasons, such as improving efficiency, training and quality control
Ensuring the confidentiality of commercially sensitive information
For our legitimate interests or those of a third party, ie to make sure we are following our own internal procedures so we can deliver the best service to you
For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price
For our legitimate interests or those of a third party, ie to protect trade secrets and other commercially valuable information
To comply with our legal and regulatory obligations
Statistical analysis to help us manage our business, eg in relation to our financial performance, customer base, product range or other efficiency measures
Preventing unauthorised access and modifications to systems
For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price
For our legitimate interests or those of a third party, ie to prevent and detect criminal activity that could be damaging for us and for you
To comply with our legal and regulatory obligations
Updating customer records
For the performance of our contract with you or to take steps at your request before entering into a contract
To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, eg making sure that we can keep in touch with our customers about existing orders and new products
Statutory returns
Ensuring safe working practices, staff administration and assessments
Marketing our services to:
—existing and former customers;
—third parties who have previously expressed an interest in our services;
—third parties with whom we have had no previous dealings.
Credit reference checks via external credit reference agencies
To comply with our legal and regulatory obligations
To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, eg to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
For our legitimate interests or those of a third party, ie to promote our business to existing and former customers
For our legitimate interests or those of a third party, ie to ensure our customers are likely to be able to pay for our products and services
The above table does not apply to special category personal information, which we will only process with your explicit consent.
Promotional communications
We may use your personal information to send you updates (by email, text message, telephone or post) about our services, including exclusive offers, promotions or new services.
We have a legitimate interest in processing your personal information for promotional purposes (see above ‘How and why we use your personal information’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal information with the utmost respect and never sell OR share it with other organisations outside the Hospitality Guaranteed Limited group for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by:
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contacting us at info@servace.co.uk
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using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts
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or write to 10 Chapell Lane South, Wynyard, Stockton on Tees, TS22 5FG
We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.
Who we share your personal information with
We routinely share personal information with:
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third parties we use to help deliver our services to you, eg hotels or other venues , third party payment service providers;
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third parties approved by you, eg third party payment providers;
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credit reference agencies;
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our insurers and brokers;
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our bank;
We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers relating to ensure they can only use your personal information to provide services to us and to you. We may also share personal information with external auditors, eg in relation to ISO accreditation and the audit of our accounts.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
We will not share your personal information with any other third party.
Where your personal information is held
Information may be held at our offices and those of our service providers, representatives and agents as described above (see above: ‘Who we share your personal information with’).
How long your personal information will be kept
We will keep your personal information while you have an account with us or we are providing services to you. Thereafter, we will keep your personal information for as long as is necessary:
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to respond to any questions, complaints or claims made by you or on your behalf;
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to show that we treated you fairly;
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to keep records required by law.
We will not retain your personal information for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of personal information
When it is no longer necessary to retain your personal information, we will delete or anonymise it.
Your rights
You have the following rights, which you can exercise free of charge:
Access
The right to be provided with a copy of your personal information (the right of access)
Rectification
The right to require us to correct any mistakes in your personal information
To be forgotten
The right to require us to delete your personal information—in certain situations
Restriction of processing
The right to require us to restrict processing of your personal information—in certain circumstances, eg if you contest the accuracy of the data
Data portability
The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
To object
The right to object:
—at any time to your personal information being processed for direct marketing (including profiling);
—in certain other situations to our continued processing of your personal information, eg processing carried out for the purpose of our legitimate interests.
Not to be subject to automated individual decision-making
The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you
For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please:
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email, call or write to us—see below: ‘How to contact us’; and
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let us have enough information to identify you (eg your full name, address and customer or matter reference number);
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let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
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let us know what right you want to exercise and the information to which your request relates.
Keeping your personal information secure
We have appropriate security measures to prevent personal information from being accidentally lost, or used or accessed unlawfully. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
How to complain
We hope that we can resolve any query or concern you may raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone: 0303 123 1113.
Changes to this privacy policy
This privacy notice was published on 11th July 2023 and last updated on 30th June 2023.
We may change this privacy notice from time to time—when we do we will inform you via our website
How to contact us
Please contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.
Our contact details are shown below:
Our contact details
Hospitality Guaranteed Limited
10 Chapell Lane South
Wynyard
Stockton on Tees
TS22 5FG