Canopy by Hilton Cannes
General Terms & Conditions
and Terms of Sale
Gift Card Terms & Conditions
This gift e-voucher and/or physical card (“Gift Card”) is issued by Hilton Domestic Operating Company Inc. (“Hilton”) and distributed by its Programme Manager In1 Solutions Limited (“Programme Manager”) and may only be redeemed at the participating Hilton hotels in the UK, Ireland and Europe currently listed at hiltongiftcards.co.uk (“Participating Hotels”).
The terms “you” and “your” refer to the person who purchased the Gift Card and/or the person who is using the Gift Card. The terms “we” and “our” refer to Hilton.
Please note that not all Hilton hotels are Participating Hotels and Participating Hotels may change from time to time. Issue and use of this Gift Card is subject to these Gift Card Terms & Conditions. Sales of this Gift Card are subject to our separate Terms of Sale https://www.hiltongiftcards.co.uk/tcs. Please read the Terms of Sale and these Terms & Conditions carefully before purchase and contact hgc@in1solutions.com if anything is unclear or you have any questions.
1. The value of the Gift Card is in Euro or GBP. The initial value of the Gift Card (“Face Value”) for electronic Gift Cards will be shown in the purchase confirmation email or a PDF document reflecting the confirmed purchase. The Face Value for physical Gift Cards may be accessed at hiltongiftcards.co.uk. You may access your current Gift Card balance at hiltongiftcards.co.uk. This Gift Card may be used for transactions in other currencies subject to a currency conversion at the relevant exchange rate applied by Hilton and an additional exchange rate fee of 2.99%.
2. The Gift Card must be purchased for its Face Value. The Gift Card is not a debit or credit card and additional amounts cannot be added to the Gift Card after initial purchase. The maximum Face Value is Euro 1,000.00 or GBP 850.00.
3. Except as otherwise provided by local law, this Gift Card is valid for five (5) years from the date of purchase (“Expiry Date”) and any unused balance at the Expiry Date will belong to Hilton. The Gift Card is not renewable. Gift Card status, including the Expiry Date, may be accessed at hiltongiftcards.co.uk.
4. This Gift Card may be used toward the purchase of accommodation and, subject to availability, for meals or other on-property amenities provided by and at Participating Hotels only and cannot be used in connection with purchases anywhere else or from third parties. Cannot be used at casinos, ATMs or for advance purchase reservations. Participating Hotels are solely responsible for the goods and/or services purchased, and Hilton/Programme Manager have no responsibility for providing these goods and/or services. As the Gift Card can only be used to purchase accommodation and limited other amenities in Participating Hotels only, it is issued within the limited network exception under relevant payment services law. This means this Gift Card is not regulated by the Financial Conduct Authority or other regulators in the same way as a credit card or electronic money.
5. This Gift Card cannot be returned (except as set out in the Terms of Sale), has no cash value, and cannot be exchanged for cash except where required by law.
6. This Gift Card can be exchanged for purchases of a higher value on payment of the difference with another valid method of payment. Any unused balance may be used against further purchases subject always to availability and to the Expiry Date. You may access your Gift Card balance at hiltongiftcards.co.uk by entering the ID on your Gift Card (“Online Record”).
7. In the event of any conflict between the amount stated on your Gift Card and the amount stored in the Online Record, the amount stored in the Online Record will govern.
8. You may give this Gift Card to a third party without payment, i.e., as a gift, but it cannot be resold or transferred for payment in any manner whatsoever.
9. Please keep this Gift Card safe. Treat it like any other valuable item. We are not responsible for loss, misuse, theft or destruction. You will not be able to make a purchase without sufficient funds and the unique Gift Card number.
10. Where permitted by local law, we reserve the right to: (a) cancel a Gift Card if it has been obtained without payment in full and/or through fraudulent or unauthorized means, including in the event of a credit card chargeback; and (b) limit quantities or total value of Gift Cards issued to any person or entity.
11. We may transfer our rights and obligations under these terms to another organization, but this will not affect your rights.
These Terms & Conditions are governed by the laws of England and Wales and are subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you or we may also elect to bring a legal action in another country if this is accepted by its courts. If you are a consumer in the UK or EU such a court is likely to be your country of residence and the above law will still apply subject to any mandatory local law applicable in your country. Please contact support hgc@in1solutions.com if you have any problems using this Gift Card.
Hilton Gift Card Terms of Sale
These Terms of Sale set out the basis upon which Hilton Domestic Operating Company, Inc. (“Hilton”) sells Hilton gift e-vouchers and physical cards (“Gift Card” or “Gift Cards”) through this website www.hiltongiftcards.co.uk (“Website”), as distributed by its Programme Manager In1 Solutions Limited. Gift Cards may only be redeemed at the participating Hilton hotels in the UK, Ireland and Europe listed on this Website (“Participating Hotels”).
The terms “you” and “your” refer to the person who purchased the Gift Card and/or the person who is using the Gift Card. The terms “we” “our” or “us” refer to Hilton.
Please note that not all Hilton hotels are Participating Hotels and that Participating Hotels may change from time to time. Issue and use of Gift Cards are subject to these additional Gift Card Terms & Conditions (including an Expiry Date) available at www.hiltongiftcards.co.uk. As the Gift Card can only be used to purchase accommodation and limited other amenities in Participating Hotels only, it is issued within the limited network exception under relevant payment services law which means it is not subject to regulation by the Financial Conduct Authority or other regulators in the same way as a credit card or electronic money.
Please also read our Privacy Notice at https://www.hilton.com/en/p/global-privacy-statement/which sets out how we use your personal data.
1. Who we sell to. You must be at least 18 years of age. Sales through this Website are aimed at consumers in the UK, Ireland and Europe and we reserve the right not to accept orders from anywhere else. Sales from the Website are for consumer purchase only and not for commercial resale or other business purposes and we may limit volumes of Gift Cards sold accordingly.
2. Order acknowledgement. When you place an order through our Website, and our third-party payment processor (“Processor”) has approved your payment details, we will confirm receipt of your order by sending an acknowledgement to your e-mail address, which you must supply as part of the order process. Please note that this is not an acceptance of your order.
3. Order acceptance. Before we deliver your Gift Card to your e-mail address (if you selected an e-voucher) or postal address (if you selected a physical card), we will send a confirmation to your e-mail address which is our acceptance of your order creating a binding sales contract between you and Hilton in accordance with these Terms of Sale and the Gift Card Terms & Conditions (together, the “Contract”). If we cannot accept your order for any reason we will send a message to your e-mail address. If we need to issue a sales invoice for any Contract we may do this electronically.
4. Charges. The price of each Gift Card is its face value in GBP or Euro as selected by you on the Website and inclusive of VAT. Our delivery charges for physical cards are payable in addition as shown on the Website. Physical delivery may be subject to additional local duties, taxes and charges which you will need to pay in addition. Please check with your local authorities.
5. Errors. We try to ensure that Gift Cards are accurate but sometimes errors may occur. Please let us know if the Gift Card received is different from that stated in your order. Unless you and we agree otherwise, if there is an error your Gift Card will be cancelled, with any payment refunded. Without prejudice to your rights under Cancellation below, please contact us using the details above if you have any questions about defective Gift Cards or you could contact a consumer affairs adviser or lawyer for more information about your rights.
6. Your details. You promise that you will provide all your order details accurately and honestly. If you do not do so we may be unable to accept your order or be delayed in delivering your Gift Cards or we may end our Contract and cancel your Gift Card. You promise that any credit or debit card or other permitted payment facilities (see below) which you use belong to you, and that there are sufficient funds or credit to cover the price of the items you order. You may have legal liability to us, and we may contact law enforcement or other appropriate third-party agencies, if you act fraudulently or dishonestly.
7. Payment. The forms of payment we accept through our Processor are set out on the Website and you must pay at the time you send us your order. Some forms of payment require authorization and/or involve multiple steps including customer authentication. We and our Processor reserve the right to carry out reasonable checks and obtain appropriate validation of your order details including with third-party agencies. If the payment process is not completed fully or we or our Processor have concerns regarding any aspect of your order we may suspend or cancel your order. All payments on the Website are taken and processed directly by our Processor and we do not process or store your credit or debit card or other payment details. Without prejudice to your rights under Cancellation below, if your cleared payment is not received (or reversed) but you have received your Gift Card, you must pay for it or we may end our Contract and cancel your Gift Card.
8. Delivery. We will try to deliver your Gift Card within our estimated delivery times on the Website but actual delivery times are sometimes outside of our control. Any dates we give you for delivery are approximate only and are not essential to our Contract. If we fail to deliver within our estimated delivery time, and you and we do not agree to an extension, you may cancel your Contract, with any payment refunded, by contacting us using the details set out above. For security reasons we may not be able to process any order for which a non-private residential delivery address is provided.
9. Our legal duty. We are under a legal duty to provide our Gift Cards in conformity with our Contract with you.
10. Our liability. As we only sell to consumers, we shall not in any event be liable in relation to our Contract or Gift Cards for business-related loss, damage or costs such as lost business data, lost profits or business interruption. We shall have no liability for loss, damage or costs in relation to our Contract or Gift Cards attributed to: (a) your own fault; (b) a third-party unconnected with our own performance; or (c) any other events which are outside our or our suppliers’ control even if we or they have taken reasonable care. We do not however limit or exclude our liability to you or anyone else in relation to our Contract or Gift Cards where this is prohibited by law including for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation.
11. Changes. We may change the prices and other sales details on this Website, including the Gift Card Terms & Conditions and these Terms of Sale, from time to time. We will not, however, apply the changes to orders which we have already accepted under a Contract.
12. General. If you breach a term of our Contract and we do not take any action against you, we may still take action against you later or if you breach the same terms on another occasion or if you breach a different term. We intend to rely upon the written terms set out in the Gift Card Terms & Conditions or these Terms of Sale (as may be amended – see above) as the entire understanding between us relating to our Contract. If you and we agree any other changes, please make sure that you request that these are confirmed in writing. That way we can avoid any problems surrounding what we or you are expected to do in relation to your order. Only you or we have the right to enforce any provision under our Contract. We may transfer our rights and obligations under our Contract to another organisation, but this will not affect your rights. We will wherever possible provide you with prior notice of this.
13. Law. These Terms of Sale are governed by the laws of England and subject to the non-exclusive jurisdiction of English courts. This means that you or we may also elect to bring a legal action in another country if this is accepted by its courts. If you are a consumer in the UK or EU such a court is likely to be your country of residence, and the above law will still apply but it is subject to any mandatory local law applicable in your country.
14. Disputes. If you are not happy with the way we deal with any disagreement, then you and we may agree to refer the matter to mediation, but you and we are not restricted from bringing court proceedings. If you are a consumer in the EU the European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please e-mail us at hgc@in1solutions.com. Hilton is not obliged to participate in dispute settlement proceedings before a consumer arbitration board or scheme.
Cancellation
You have the right to cancel your Contract within fourteen (14) days without giving any reason. The cancellation period will expire fourteen (14) days from the day on which you receive your Gift Card.
To exercise the right to cancel, you must inform us at hgc@in1solutions.com of your decision to cancel your Contract by a clear statement (e.g., by a letter sent by post or by e-mail). You may use the model cancellation form below, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send the communication concerning your right to cancel before the cancellation period has expired.
EFFECTS OF CANCELLATION: If you cancel your Contract as set out above, we will reimburse to you all payment received from you, including the cost of delivery (subject to the paragraph below). We will make the reimbursement without undue delay and not later than fourteen (14) days after the day on which we are informed about your decision to cancel your Contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
You will only have to pay for any loss in value of the Gift Card if this loss in value is due to handling of the Gift Card that is not necessary for testing the nature, characteristics and functioning of the Gift Card. This is the case if the Gift Card has already been redeemed (partly or in full) by you or a third-party beneficiary of your Gift Card before your cancellation above. We are entitled to deduct this loss in value before reimbursing the purchase price.
Your Gift Card will be cancelled. You do not have to return it to us.
Model cancellation form:
To hgc@in1solutions.com
I/We[*] hereby give notice that I/we[*] cancel my/our contract of sale of the following goods, [*]
Ordered on [*]/received on, [*]
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate
