1.1 In these Terms & Conditions reference to O’Callaghan Collection refers to any and/or all of the following:
- The Alex Hotel,
- The Davenport Hotel,
- The Green Hotel,
- The Mont Hotel,
- The Eliott Hotel,
and any other associated or affiliated companies of O’Callaghan Collection as well as any other hotels acquired, operated or rebranded by O’Callaghan Collection from time to time.
The terms and conditions outlined below should be read in full and accepted by clicking the tick box on the webpage. It is not possible to proceed with your reservation without acceptance of these terms and conditions. All rates quoted are subject to availability and alteration.
While every effort has been made to ensure the accuracy of all information, O’Callaghan Collection do not accept liability for any errors or omissions and reserves the right to change information and descriptions of listed features and products.
2. Online reservations
Please note that different terms, conditions and cancellation policies may apply in relation to all online reservations made on the website depending on the room or rate selected. Please read carefully the room and rate details and policies that are provided to you before you make your online reservation.
Your reservation will be subject to these terms and conditions and any other policies listed on the specific webpage displaying your room or rate.
3. Promotions and special offers
Please note that all promotional offers are subject to specific terms, conditions and policies listed on the specific webpage displaying your room or rate. All special offers are subject to availability.
Any reservation made using an advance purchase offer must be paid for in full at the time of booking. Fees paid using an advance purchase offer are non-refundable.
4. Confirmation email and your right to cancel reservations
Reservations will only be confirmed on receipt by you of a confirmation email sent by O’Callaghan Collection or its authorized agent. In the event a confirmation email is not received within 24 hours of making a reservation, please contact us or the relevant booking site to validate and confirm your booking.
If allowed, cancellations must be made by you and received by us no later than 3.00pm on the day prior to arrival. O’Callaghan Collection reserves the right to charge for a portion of the reservation, which will be calculated by reference to the provisions detailed in the confirmation email. Where cancellation is allowed, and where notice of cancellation has been made by you and received by us by 3.00pm on the day prior to arrival, O’Callaghan Collection will refund any deposit paid via the original method of which it was received, to the guest.
Without limitation, refund of deposit monies does not extend to any reservation made using an advance purchase or similar rate. Any change or cancellation by you to an advance purchase or similar reservation is not permitted and will result in the forfeit of the entire cost of your reservation.
Notwithstanding your receipt of a confirmation email, your reservation is at all times subject to these terms and conditions and any other terms, conditions and policies listed on the specific webpage displaying your room or rate.
5. Our right to cancel your reservation
Subject to section 5.2 below, O’Callaghan Collection reserves the right to cancel any reservation, regardless of whether a confirmation email has been received by you, up to 3.00pm on the date which is seven calendar days before the reservation is due to commence.
If a reservation is made within seven days before the reservation is due to commence, O’Callaghan Collection reserves the right to cancel any reservation up to 3.00pm on the day prior to the commencement of the reservation.
O’Callaghan Collection are not under any obligation to offer an explanation for the cancellation, but reasons may include, but are not limited to, any overbooking of the hotel or system error.
Where O’Callaghan Collection cancels your reservation pursuant to this section 5 or sections 6 or 7 below, we will return to you any payment you have made to us via the original payment method used by you.
6. Cancellation for reasons beyond control of the hotel
Without limitation to section 5 above, if, for reasons beyond the control of O’Callaghan Collection including, but not limited to, acts of God, civil disorder, acts of war, strikes, or labour disputes, O’Callaghan Collection are unable to meet their obligations under any agreement, this will not amount to non-performance of any contract and O’Callaghan Collection may terminate their obligations hereunder without further liability of any nature to you.
Should circumstances as outlined in 6.1 arise, O’Callaghan Collection will refund to you any deposit or the full cost of any prepaid advance booking made, via the original method used for payment.
7. Incorrect pricing
Without limitation to section 5 above, O’Callaghan Collection reserve the right to cancel reservations where any incorrect information has been displayed or provided in relation to a price or package advertised. This applies to any reservation and is subject to the cancellation policy outlined herein.
Should circumstances as outlined in 7.1 arise, O’Callaghan Collection will refund to you any deposit or the full cost of any prepaid advance booking made, via the original method used for payment.
8. Right to book out
If on your arrival at an O’Callaghan Collection the room you have reserved is unavailable for any reason, O’Callaghan Collection reserve the right, at our option, to relocate you to another room within the O’Callaghan Collection hotel group, if available, or, alternatively, to a comparable room in a hotel of a similar standard at another location.
9. Damage and loss
O’Callaghan Collection reserves the right to charge guests for the cost of rectifying or cleaning any damage which has been caused by the deliberate, negligent or reckless acts of guests to the hotel’s property or structure. This right to charge will also apply to loss of earnings and/or profit where the damage is of such a nature that the room is unable to be let to other guests. This right to charge will also apply where any item from the hotel room is removed or lost.
If such damage or loss is discovered during the stay it will be drawn to the guest’s attention but, if discovered after guests have departed, we reserve the right to make a charge to the guest’s credit / debit card, or send an invoice for the costs for payment to the guest’s registered address.
We will make every effort to rectify or clean any damage internally prior to contracting specialists to carry out the work, and therefore will make every effort to keep any costs that guests would incur to a minimum.
10. Smoking Policy
O’Callaghan Collection operates a strict no smoking policy in their premises. Guests shall be liable for any costs, loss of earnings and/or profit or damage to a hotel room, premises or property, arising from failure to comply with this policy and O’Callaghan Collection reserves the right to charge a specialist cleaning fee to any guest who violates the non-smoking policy.
11. Gym Usage
O’Callaghan Collection offers gymnasium facilities for use by guests. In consideration of being allowed to participate in exercise activities at O’Callaghan Collection, including use of the gym facilities, equipment, and machinery, guests agree to waive, release, and forever discharge O’Callaghan Collection and its owners, agents, employees, representatives, executors, and all others from any and all responsibilities or liability from injuries or damages resulting from participation in any activities, or use of equipment or machinery.
Guests also agree to release all of those parties mentioned in 11.1, and any others acting upon their behalf, from any responsibility or liability for any injury or damage a guest may suffer, including those caused by the negligent act or omission of any of those mentioned parties or others acting on their behalf, or in any way arising out of or connected with a guest’s participation in any activities or the use of any equipment at O’Callaghan Collection.
Guests understand and are aware that strength, flexibility, and aerobic exercise, including the use of equipment, is a potentially hazardous activity. Guests also understand that fitness activities involve a risk of injury and even death, and they are therefore voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. Guests hereby agree to expressly assume and accept any and all risks of injury or death.
Through their use of the facilities and equipment provided by O’Callaghan Collection, guests declare themselves to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent participation or use of gym facilities or equipment. Guests are recommended to obtain a physician’s approval for participation in an exercise/fitness activity or in the use of exercise equipment and machinery prior to their arrival at O’Callaghan Collection. Guests are further recommended to have a yearly or more frequent physical examination and consultation with a physician as to physical activity, exercise, and use of exercise and training equipment to obtain recommendations concerning fitness activities and equipment use.
Guests acknowledge that they have either had a physical examination and been given a physician’s permission to participate, or that they have decided to participate in an activity and use of equipment and machinery without the approval of a physician, and hereby assume all responsibility for their participation and utilisation of equipment and machinery in such activities.
12. Car Park
While provision of a car park is available to guests of O’Callaghan Collection, the car park is operated and maintained by a third party private company which is independent of O’Callaghan Collection. O’Callaghan Collection offers no warranty of any kind nor any indemnity as to the protection or safety of any vehicle left in the car park, or any goods left within any vehicle parked there.
Without limitation to clause 12.1 above, the use of the car park is entirely at your own risk. O’Callaghan Collection accept no liability in respect of:
12.2.1 any loss, destruction, damage, or theft of or from the vehicle or any contents of the vehicle; or subject to clause 19.4, death or personal injury sustained by you and/or any other person.
Where applicable to group and corporate contracts, reservations will be subject to VAT charged at the prevailing applicable rate at their time of stay.
14. Site use
The O’Callaghan Collection websites are intended to help guests in determining the availability and booking of a hotel reservation. Apart from printing information in connection with your travel, you are not entitled to reproduce, replicate, sell, resell, or otherwise exploit the O’Callaghan Collection websites unless we provide you with prior written permission to do so.
15. Eligibility of use
Use of the O’Callaghan Collection websites is restricted to people over the age of 18 who can enter into binding contracts.
16. Links to third party websites
Links that feature on the O’Callaghan Collection websites are links to other websites, which we believe may be of interest to you. By providing these links we are not endorsing or recommending such websites or the services or material provided by them. We therefore accept no responsibility for the materials, services or other situations at or related to or from any other website.
17. Liability disclaimer
While every reasonable effort has been made to ensure accuracy of information, the content of the websites may include technical, typographical or content errors. Therefore, it is important to refer to the disclaimer information below, before using the O’Callaghan Collection websites.
18. Warranty Disclaimer
The content of the O’Callaghan Collection websites is provided “as is” without warranties of any kind, implied or expressed, statutory or otherwise, including without limitation, the warranties of merchantability or fitness for a particular purpose. O’Callaghan Collection also does not warrant the accuracy or completeness of the information, links or graphics found on the O’Callaghan Collection website. O’Callaghan Collection may make changes to the content or policies at any time without prior notice.
19. Limitations to liability
In no event shall O’Callaghan Collection be liable for any special, indirect or consequential loss or damage arising out of any service provided to you by O’Callaghan Collection (or by failure to provide such services) or your access or use, or inability to use the O’Callaghan Collection website. You hereby waive any and all claims against us howsoever arising
Without prejudice to the foregoing, O’Callaghan Collection will not be responsible for any additional and / or third party related costs paid by you in contemplation or in connection with any reservation, or incurred during your stay.
Without prejudice to the foregoing, in no event shall the total liability of O’Callaghan Collection to you arising from these terms and conditions exceed the total cost of monies paid (or payable) by you to O’Callaghan Collection in connection with your reservation.
Nothing in these terms and conditions shall exclude or limit any liability of O’Callaghan Collection for fraud, death, personal injury, or any other liability which cannot be excluded by law.
21. Sustainable Tourism Tax
Please be advised that the Gibraltar Government has announced a Sustainable Tourism Tax that applies to guests at a cost of £3 per guest per night, excluding children under the age of 12.Unfortunately, this charge is out of our control and is payable at reception on arrival. This tax is not included in your booking and is an additional cost, payable with immediate effect from 1 August 2022 and for the foreseeable future.