General Terms of Business
Including the Ana spa
1. Interpretation
1.1 In these General Terms of Business, the following words shall mean:-
Client – the person, firm or company making a booking or staying at the Hotel;
Company – means the St James’s Hotel Group Limited;
“St James’s Hotel Group” – trading name of business and hotels operated by St
James’s Hotels Management Limited a subsidiary of St James’s Hotel Group
Limited
“Hotel(s)” – hotels owned by St James’s Hotel Group Limited and its
subsidiaries with which the Client makes a booking;
2. Application of Terms
2.1These terms apply to all bookings to the exclusion of all other terms and conditions
except to the extent that specific terms apply for a particular booking and
have been signed in writing by an Authorised Representative of the Company.
2.2
Confirmation of a booking by the Client is deemed acceptance of these terms.
2.3 The term Client and Guest shall be used interchangeably in the Terms of
Business and reference to any one of them shall be deemed to include reference
to the other.
3. Prices
3.1 All published rates include VAT at the current rate.
3.2
The Hotel reserves the right to alter prices for any reason up to the date of
booking or up to 12 weeks prior to arrival, whichever is the later.
3.3
After such dates, prices may only be altered to reflect a change in the rate of
VAT or for any other reason outside of the control of the Hotel, in which case
the changes will be notified to the Client. In the latter event, the Client may
cancel the booking without cost.
4. Availability
4.1
All rooms and rates offered by the Hotel are subject to availability and the
discretion of the Hotel Manager.
4.2
Limited numbers of suitable rooms may be allocated to individual rates, packages,
or promotions and, when these allocations are taken up, remaining available
rooms may be offered to the Client at a higher price where the Client requires
such rooms.
4.3
Limited amount of slots in the spa will be allocated for certain promotions,
offers, or packages each day and is up to the spa’s discretion if available.
5. Bookings
5.1
We currently do not require credit or debit card to secure a booking. A credit
or debit card will be required when checking in at the hotel and full payment
will be taken on check-out.
5.2 For
spa bookings all payments need to pay 100% booking charge to confirm and
reserve the booking which can be requested by the spa over the phone, internet booking
system or via link payment gateway.
5.3
All spa bookings are advised to be pre booked to avoid disappointment.
6. Arrival and Departure- Hotel stay
6.1 Bedrooms are usually available from 3pm local time on the day of arrival.
However, the Hotel is not in any way obliged to make bedrooms available to
Clients at this time.
6.2 Departure is by 11am local time. Failure to check out by 11am local time will
entitle the Hotel to charge an additional fee.
6.3 Where possible, at times of high demand when bedrooms are not available at the
check in time, Clients may Check in to the hotel and use all the Hotel
facilities, subject to any rules and restrictions in place at the Hotel in respect
of the use of such facilities, including but not limited to opening times,
supervision of children and infants etc. whilst the accommodation is being
prepared.
6.4 Clients who are aware that they will be arriving at the Hotel before 3pm local
time should inform Reception prior to arrival, however, the Hotel cannot
guarantee that bedrooms will be available at the time of arrival before 3pm
unless booked from the previous day.
7. Car Parking
7.1 Where car parking is available at a Hotel, the Client should check details with
the Hotel prior to arrival. On-site parking is generally free to Guests and other
users of the hotel, although some hotels do charge – check prior to arrival.
In all cases, car parking is subject to availability and cannot be
guaranteed.
7.2 Where Hotels have limited or no on-site parking, Clients should check details
with the Hotel prior to arrival whether off-site parking is available and
whether there is a charge for such off-site parking.
7.3 The Hotel does not guarantee that a car park space will be available to Clients
either at the Hotel or off-site.
7.4 The Hotel does not accept responsibility for damage to, or theft from, or theft
of vehicles parked on the Hotel premises.
8. Cancellations,
Amendments and Non-arrivals- Hotel stays, spa days
8.1 Where bookings have been made under the terms of our Best Flexible Rate, there
is no charge, and any deposit paid will be returned, if a guaranteed
reservation is cancelled at any time up to 4pm local time one day prior
that the Client is due to arrive at the Hotel.
8.2 In the event of non-arrival or cancellation after 4pm local time one day
prior that the Client is due to arrive at the Hotel and where the booking has
been guaranteed, a charge equivalent to one night’s accommodation at the
package rate at which the reservation was made will be levied. Normal terms of
payment apply to these charges.
8.3 Where bookings have been made through our special promotions prepaid bookings
including but not limited Advanced Purchase and Advanced Saver Rates. A deposit
is required for the entire stay at the time of booking. Cancelling your
reservation or failing to arrive will result in forfeiture of your deposit and
Taxes may apply.
8.4 If the Hotel cancels before 4pm local time one day prior to the
scheduled day of arrival, the Hotel’s liability to the Client will be no
greater than the amount paid by the Client in respect of the booking.
8.5 If the Hotel cancels the booking after 4pm local time one day prior
to the scheduled day of arrival, the Hotel’s liability will be limited to
the charge for one night’s accommodation at the Hotel’s rate which applies at
the time that the booking was made.
8.6 In the unlikely event that the Hotel does not, for any reason, have the
required number and types of rooms available as per the booking, the Company
reserves the right to relocate the Client to an alternative hotel of a similar
standard in the same locality. The extra and reasonable accommodation expenses
incurred for equivalent accommodation (for the first night only) shall at the
Company’s discretion be paid by the Company. The acceptance of this alternative
accommodation by the Client (which does not release the Client from its
obligation to make payment to the Hotel in respect of the booking) shall be in
lieu of all other liabilities or obligations which are hereby expressly
excluded. The Client acknowledges that neither the Company nor the Hotel accept
any liability for any loss or damage suffered by or caused to the Client in
consequence of the relocation of the Client.
8.7 A cancellation number will be provided at the time of cancellation, and this
should be retained for future reference.
8.8 For bookings eligible for cancellation and amendment made originally online at
the St James’s Hotel Group website can be made via the site at
www.sjhotels.co.uk. When the booking is confirmed, a reservation number and
access code will be supplied. This must be retained for access to the booking
in the event of the need for cancellation and/or amendment.
8.9 It is strongly recommend that you take out travel insurance in the event
of unforeseen emergencies or adverse weather conditions which may cause you to
cancel your booking. Regrettably we cannot refund any payments made for cancellations
(including “no shows”) which fall outside our normal booking terms and
conditions.
9.1 All spa bookings including spa days and passes are 72 hour notice if cancelled
within the 72 hours is 100 % full charge.
9.2 Group bookings cancelled within 2 weeks
or non-attendance will incur a 100% cancellation charge.
9.3 Bookings made within 72 hours of arrival will require full prepayment and will be fully
chargeable in the event of cancellation or non-attendance
9. Payment
9.1 Settlement of the bill in full, less any advance payments, must be made prior
to departure from the Hotel.
9.2 Upon arrival the Hotel reserves the right to request pre-authorisation of the
Client’s credit or debit card or, where payment is to be by cash, request the
client to place cash up to an amount of 1.5 times the room rate multiplied by
the number of nights booked.
9.3 All major credit and debit cards are accepted. Personal cheques are not
accepted. Company cheques are not accepted without prior clearance. Accounts
may only be forwarded for payment on completion by the Client and formal
acceptance by the Hotel of an application for credit facilities, which may be
withdrawn at any time. Credit facilities are not offered to private
individuals.
9.4 All sums are due for payment on presentation of the invoice. In the event of
any query relating to the invoice, the Client must notify the Hotel within 7 days
of the invoice date and the Client’s obligation to pay all outstanding balances
immediately will not be affected.
9.5 The Hotel may charge interest at a rate of 4 percentage points per year above
the Lloyds Bank Limited base rate on any outstanding balance before and after
judgement.
9.6 By agreeing to the terms of this Agreement you hereby expressly authorise the
relevant St James’s Hotel Group Company to debit such sums, as are owing to it
under this Agreement from your Credit/Debit card account(s). This express
authorisation extends to the terms of Clauses 8, 12, 13, 16 and 19
9.7 All payments for the spa and leisure must be made before your experience and will be charged 100% upon booking failure to do so will be cancelled with notice.
10. Children
10.1 In the hotel children aged 15 years and under must be accompanied by a responsible
adult Client at all times to ensure that the children’s behaviour is
appropriate for other guests within the Hotel.
10.2 At the discretion of the Hotel, children may be excluded from certain events or
promotions were deemed unsuitable or inappropriate.
10.3 18 and over to use the health and leisure facilities, anyone under the age of 18 are
not permitted to use gymnasium and sun bed/tanning equipment. Clients must read
and follow the conditions of use displayed at such facilities.
10.4 In the interests and safety of children, some health and leisure clubs may be
subject to specific time allocations for use of the facilities by children.
Clients are advised to check with the Hotel beforehand.
10.6. Rooms for
Disabled Guests
10.7 The
Hotel has limited modified facilities for Guest with disabilities. As needs do
vary, Guests are requested to check with the Hotel before booking.
10.7 The
Holiday Inn Hotel advises disabled guests to use the hotel’s rear entrance
where a wheelchair lift is located. This can be accessed via the Parchment
Street car park where a disable parking space is situated.
11.3The
hotel has accessible rooms and areas and offers several accessible parking
spaces.
The
spa is also fully accessible via the lift adjacent to the hotel reception and
features a fully accessible changing facility with direct access to the spa and
spa treatment room.
For
more information regarding accessibility please speak with a member of the spa
team.
Please
note the hydro spa does not have a hoist system.
12. Dogs and other
Pets
12.1 The Holiday Inn does not accept pets with the exception of guide and hearing dogs.
Clients and Guests are asked to check in advance with the Hotel for further
details.
12.2 The Client is responsible for controlling their pet (including guide dogs and
hearing dogs) and will be liable for any damage, soilage or injury however
caused by the pet.
13. Behaviour
13.1 The Hotel reserves the right to judge acceptable levels of noise or behaviour
of Clients, Guests or representatives, who must take all steps for corrective
action as requested by the Hotel.
13.2 In the event of failure to comply with management requests, the Hotel may
terminate the booking, stop any event immediately and / or ask the Client to
vacate the Hotel premises immediately without being liable for any refund or
compensation.
13.3 Smoking and the use of E-cigarettes are strictly prohibited within the Hotel
bedrooms and public areas. Designated smoking areas are available in the
grounds of the property. Should you smoke or use E-Cigarettes in your room the
Hotel reserves the right charge you £110.00 to cover the cost of cleaning the
room and for the disruption caused.
13.4 The spa is made to be a tranquil
experience and reserve the right that any rowdy, drunken or miss use of the spa
will be not tolerated and the management team have the right to revoke your day
or experience without reimbursement,
13.5 The Spa is for over 18s only including gym, treatments, and spa.
13.6 There are no use of scrap objects, razors, glass, or items that can cause harm in the spa and spa area if found with these items in a non-appropriate way will be banned from the spa with no reimbursement,
13.7 No anti-social behaviour, rowdy or mis use of the spa your party will be removed from the spa with no reimbursement.
14. Right of
Refusal
14.1 The Hotel reserves the right to refuse a Client, Guest or representative entry
and accommodation if, on arrival, management reasonably considers that the
guest is under the influence of drink or drugs, is unsuitably dressed or is
behaving in a threatening, abusive or otherwise unacceptable manner.
15. Discrimination
15.1
It is the policy of the Hotel not to discriminate on the grounds of race,
colour, nationality, religion, sex, marital status, age, ethnic origin or
disability.
15.2
Clients, their employees, guests and all sub-contractors engaged by or on
behalf of the Client are expected to adhere to this policy and the Hotel may,
without incurring any liability to the Client, remove from the Hotel any person
or persons offending against this policy.
16. External
Purchases
16.1
No wines, spirits, beers or food may be brought into the Hotel or Hotel grounds
by Clients, their guests or representatives for consumption or sale on the
premises without the express written consent of the Hotel and for which a
charge may be made by the Hotel.
17. Comments and
Complaints
17.1
Any comment or complaint regarding the Hotel should be made to the General
Manager at the time of visit so that the matter can be resolved immediately.
Alternatively, write within 7 days to the Hotel’s General Manager.
18. Statutory
Requirements
18.1
The Hotel is subject to statutory controls, including those relating to fire,
licensing, entertainment, health, hygiene and safety. These must be strictly
observed by Clients, their guests and representatives.
19. Liability
19.1
Other than for death or personal injury caused by the negligence of the Hotel,
the Hotel’s liability to the Client is limited to the price of the booking.
19.2
Unless the Hotel is liable under the above condition 19.1, the Client
indemnifies the Hotel from and against any and all liability and any claims,
proceedings or damages resulting or arising from the booking, event or
function, the Client, guests or any outside contractors of the Client.
19.3
The Hotel will not be liable for failure to perform to the extent that the
failure is caused by any factor beyond its reasonable control.
19.4
The Hotel does not accept any responsibility for the Client’s personal property
nor those of its guests, employees, representatives, invitees or contractors
including gifts, presents, seminar, conference, exhibition, or other corporate
presentation material or such other items brought by the Client, its employees,
Guests, representatives, invitees or contractors to the Hotel (cumulatively
referred to as the “Client’s Property”). The Hotel may, at the request of the
Client, provide personnel to assist in carrying, directing, placing, installing
or setting up (as the case may be) the Client’s Property. The Hotel will not
assume custody or control of such articles, which remain on Hotel premises at
the owners risk. In such an instance, the Client acknowledges and accepts that
the Client shall remain responsible for the Client’s Property and shall not
hold the Hotel liable in any manner whatsoever.
19.5
The Client is responsible for any damage caused to the allocated rooms, its
furnishings, utensils, fixtures and fittings and equipment in such rooms by any
act, omission, default or neglect of the Client, its guests, employees,
representatives, invitees or contractors and shall pay to the Hotel on demand
the amount required to make good or remedy any such damage.
19.6
Clients should ensure that valuables are covered by the Client’s own insurance
policy. The Hotel’s liability is limited to the terms of the Hotel Proprietors
Act 1956, a copy of which is available at Reception in the Hotel.
19.7
Clients must report any loss of or damage to their property immediately on
discovery to the Hotel’s Management or Security, and shall make themselves
available to assist with any reports made by the Hotel to the police.
19.8
Clients shall not enter areas of the Hotel that are indicated as being closed
to the public. The Hotel shall not be responsible for death, personal injury or
loss or damage to property suffered by a Client and their Guests in such areas.
19.9
Liability is limited to those Hotels operated and managed by St James’s Hotels
Management Limited.
20. Third Party
Liability
20.1
Neither the Hotel, the Company accept any liability for services rendered by
third parties to Clients notwithstanding that such services may be arranged by
the Hotel or the Company.
20.2
Any claim, demand, charge, suit or damages which maybe incurred by the Client
or their Guests (or any person claiming thereunder) shall be made directly with
such third parties and the Hotel shall render all reasonable assistance in this
regard.
21. Insurance
21.1
The Client is recommended to have and is responsible for insurance to cover
cancellation, curtailment, and loss of baggage, personal effects and money.
22. Data Protection
22.1
The information provided by the Client may be processed by the Company and or
St James’s Hotel Group Company, and/or the Hotel for the purposes it has
notified to the Data Protection Registrar. By confirming the booking, the Client
consents to this processing of the information.
22.2
View full details of our Privacy Policy.
23. Dispute
23.1
These terms will be construed in accordance with English law and the Hotel and
the Client submit to the non-exclusive jurisdiction of the English courts unless
the Hotel is in Scotland, where Scottish law applies and the Scottish courts
will have non-exclusive jurisdiction.
24. Internet
Facilities
24.1
Internet facilities are provided by third party providers. Where these
facilities are available in Hotels, the Client acknowledges that there may be
disruption to the connection without prior notice particularly at times of high
demand. We ask guests to use this service responsibly. The Hotel shall not be
liable whatsoever for any such disruption or speed to the service. The Client
further undertakes not to use the facility for any fraudulent purpose or in
connection with any criminal offence and in contravention of any license and
will indemnify the Hotel and the Company against any claim, demand, suit,
proceeding or prosecution arising therefrom.
25. Website
Information
25.1
St James’s Hotel Group cannot accept responsibility for any errors or omissions
and reserve the right to cancel, amend or vary the arrangements featured in the
site without notice.
26. Accessibility
26.1
St James’s Hotels is committed to improving accessibility for all customers
within our hotels and users of our Internet site. The company undertakes where
possible to make all properties “reasonably compliant” with the requirements of
the Disability Discrimination Act 1995.
If you require more information on disabled rooms at our hotels, please contact
the hotel of your interest directly. To aid users of our website, all images on
this website now carry an alternative text tag, also known as an ALT tag. To
aid navigation of the website there is also a site map.
27. Membership
at the Ana Spa
27.1 For the Flexible membership: Direct Debit
Membership the contract term will be one month. Thereafter Membership will
continue indefinitely on a monthly basis at the prevailing rate in accordance
with the terms and conditions of this contract. Membership may be terminated by
you giving a minimum of 30 days' notice in writing direct to the leisure Club
Manager or by emailing. Your cancellation will be acknowledged by an email or
letter from the club advising of your final payment and date your membership
expires. If handed into the Leisure Club Manager a receipt of cancelation, must
he have requested. If no receipt is obtained the cancellation will be deemed
'not received', Verbal/telephone cancelation is not accepted. Your notice
period begins from the first of the month after we have received your written
cancellation notice. We are not obliged to refund any Membership Fees where you
have not canceled Your direct debit instruction with your bank, and You have
not given valid notice.
27.2 Our staff, other representatives and
contractors are not medically trained and so they are not qualified to assess
whether you are in good physical condition and/or that you can engage in
exercise without detriment to your health, safety, comfort, or Physical
condition. If we see feasible, we may ask you to provide a doctor’s note this
would be at your own expense.
27.3 It is your own responsibility to warrant and
represent that both on the date of your application and throughout the
continuance of your Membership, that you are in good health and know of no
medical or other reason that you are not capable of engaging in any exercise of
your choice and that such exercise will not be detrimental to your health,
safety, comfort, or physical condition.
27.4 We reserve the right to close certain areas or
individual facilities in The Leisure Club for Your health & safety, repair,
refurbishment, development, or other reason from time to time at our discretion
without compensation to you. We will provide you with notice of any planned
closures and alternative use of hotel whenever possible. If the Leisure Club
and spa is entirety closed for more than 30 days, the membership will be frozen
with no charge for that month.
27.5 Annual Payment membership this is an annual
Membership where Membership fees are paid in full at the beginning of the
contract term. A joining fee and an administration fee may be payable. Once
paid you have 30 days and then the payment is non-refundable.
27.5 Termination by the Leisure Club
We may terminate Your Membership without notice if:
In Our reasonable opinion, if we see signs of injurious/ detrimental
Characteristics or situations that occur in the spa we have the right to revote
the membership without reimbursement.
If you have breached any terms and Conditions of this Contract our contracts or
terms and conditions.
Membership fees or other charges payable under the Contract remain unpaid after
the due date for payment.
You will forfeit all the privileges of Membership
with immediate effect. At the date of termination any payments already made in
respect of the initial contract period may be refunded at our discretion in
proportion to the remaining term of your membership, after considering a 30-day
notice period which will begin from the first of the month after which the
termination occurred.
Appeals against any decision resulting termination
Of Membership must be submitted in writing to the Hotel General Manager whose
decision will be final and binding.
For full terms and conditions on membership please
see our membership site.
28. Copyright
28.1
The content of each page of this Internet site is the property of St James’s
Hotel Group.
No part of our internet site may be reproduced, displayed or republished in any
form without prior consent, except that permission is granted to a user to
print or photocopy individual articles or entire pages from our Internet site,
provided that this is for personal use only.
Should you require any further information or permission to use anything
contained in this site, please contact the Marketing Department at St James’s
Hotel Group by e-mail emarketing@sjhotels.co.uk
The information contained in this Internet site is provided in good faith. The
use of any information from this site is entirely at the risk of the user. St
James’s Hotel will not be liable for any costs, losses, expenses or damages
(whether direct or indirect, special, economic or financial) that may be incurred
through the use of any information contained in this Internet site or in any
other Internet site linked from it.
29. Internet Site
Security
29.1
Booking online through our Internet site is safe. Security of our site is
paramount and we have invested a great deal of time and money to ensure you can
have the peace of mind that your details are secure. Our online reservation
system is secure and your credit card information will be encrypted.
After you have checked availability for a hotel and have clicked on “Book
Online” to access the “Booking Details” page, the reservation process is
secure.
If your browser is set up properly, when you first enter a secure booking page
you will see the security padlock icon appear in your browser.
As there are numerous browsers and browser versions, we are unable to address
each possible way to view the security of our reservation pages. However, the
following is how to check security on the “Booking Details” page if you are
using Internet Explorer 6.0 and above:
Right click on “Booking Details” page.
Select Properties.
Click on “Certificates” button – the secure icon will appear, and an
explanation of the Certificate Properties will be displayed.
© St
James’s Hotels Management Limited
Terms and Conditions
PARKING-Parking is complimentary, you must register your license plate on arrival at hotel
reception. Failure to do so will result in a fine from parking eye.
CANCELLATION POLICY-Treatments and day spa bookings cancelled within 72 hours or
non-attendance will incur a 100% cancellation charge. Group bookings cancelled
within 2 weeks or non-attendance will incur a 100% cancellation charge.
Bookings made within 72 hours of arrival will require full prepayment and will
be fully chargeable in the event of cancellation or non-attendance. The
management reserves the right to close any area of The Spa without prior notice
for essential maintenance or on advice by the government to do so, without
reimbursement. We have the right to change treatment times within notice and
will re-send a confirmation to advise on new timings, the packages and
treatments are subject to change and subject to availability.
FOOD AND DRINK -All additional food and drink are at an additional charge.
The Spa is an adult only environment and open only to persons aged 18 and over.
MEDICAL QUESTIONS-It is important that you advise us in advance of any health conditions, recent medical procedures, cosmetic procedures, allergies, or injuries as this may affect your treatment when making your reservation. Guests with any infectious conditions, known allergies or under medical supervision, that we are not advised of upon booking, may be refused treatment without reimbursement.
VALUABLES- Lockers are provided for your use; however, we recommend that you do not bring valuables into The Spa. We do not accept any responsibility for loss or damage of personal items.The BUYER (You) and
The MERCHANT: "Holiday Inn Winchester & ANA Spa & The Odyssey Restaurant," trading as "Holiday Inn Winchester & ANA Spa & The Odyssey Restaurant," whose registered office is at Telegraph Way,Morn Hill,Winchester,United Kingdom,SO21 1HZ
(this "Agreement").
This Agreement takes effect on the date of purchase ("Effective Date").1. For the purpose of these additional terms (the "Terms"): "Merchant Products and/or Services" means the goods and/or services provided by the Merchant (defined below) which are described as part of a Voucher; "Voucher" means a voucher, gift card, ticket for sale on a website that links to VoucherCart's software as a service platform ("VoucherCart Platform"), which can be redeemed (in whole or in part) in exchange for Merchant Products and/or Services from the Merchant, "VoucherCart", "we" or "us" refers to VoucherCart Ltd and "you" refers to yourself, the purchaser of a Voucher.2. We act on behalf of our client (the "Merchant") to allow it to sell Vouchers created via the VoucherCart Platform. We act only as an intermediary between you and the Merchant. You acknowledge that it is the Merchant, and not VoucherCart, who enters into the contract with you when purchasing and/or redeeming a Voucher for the Merchant Products and/or Services (the "Contract"). These terms are supplemental to and duly incorporated into the Contract.3. The Contract shall comprise: (i) these Terms; and (ii) any applicable terms stipulated by the Merchant in relation to the Voucher (including any email confirmation that you may receive) and you agree to be bound by all such provisions. If there is any conflict or inconsistency between these Terms or any applicable terms stipulated by the Merchant, these Terms shall prevail to the extent of the conflict or inconsistency.4. You acknowledge that it is the Merchant, and not VoucherCart, who takes sole responsibility for providing you with the Merchant Products and/or Services and for any and all aspects of the Merchant Products and/or Services themselves. VoucherCart does not review or control, and is not responsible in any way for, Merchant Products and/or Services and at no time does VoucherCart possess or offer any items offered for sale by Merchants through its Platform. VoucherCart does not promise the completeness, fitness for purpose or legality of the Merchant Products and/or Services. In no event shall VoucherCart be liable to you to provide the Merchant Products and/or Services including without limitation for any refund or replacements in the event of non-performance by the Merchant, (whether arising as a result of breach or the Merchant being liquidated, becoming insolvent or otherwise). These Terms do not affect your statutory rights which rest with the Merchant.5. Please direct any enquiries in relation to use of your Voucher, including any request for a refund, to the Merchant.6. VoucherCart does not exclude liability for (a) any death and personal injury caused by VoucherCart’s negligence; (b) fraud or fraudulent misrepresentation made by VoucherCart; or (c) any implied contractual terms that cannot be excluded or limited under applicable law.7. Other than as set out in section 6 above, VoucherCart's maximum liability to you in respect of the Merchant Products and/or Services, the Voucher and the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is an amount equal to the total amount paid by you for the Voucher.8. You shall indemnify us against any loss, liability or cost incurred by us arising as a direct or indirect result of any claims or legal proceedings brought or threatened against us by any person arising from your use of a Voucher.9. These terms shall be governed by the same law as the Contract and disputes arising under these Terms shall be submitted to the same jurisdiction as the Contract.