Last updated May 16, 2023
Terms of Service
This Shackle Services Agreement (hereinafter referred to as “SSA” or the “Agreement”) is made by Shackle Group Ltd., a company incorporated at Verulam Point Station Way, St. Alban’s Hertfordshire AL15HE, UK with registered number 12222517, (hereinafter referred to as “Shackle”, "we" or "us") and the entity or person designated by the registration data provided herewith or the person or entity, if any, on whose behalf the first entity or person is acting (hereinafter referred to as “User” or "you") and applies to User’s use of Shackle Services and Products.
Please read this Agreement carefully before using the Shackle Services and Products. By accessing or using the Shackle Services and Products, User agrees to be bound by the terms of this Agreement. If a User does not agree to the terms of this Agreement, User shall not access, install and/or use the Shackle Services or Products and, if presented with the option to “agree” or “disagree” to the terms, clicks “disagree”.
The terms and conditions in this SSA govern all use of the software and the services marketed by Shackle, hereinafter referred to as the “Service” or “Services”, including but not limited to the mobile & web applications and all additional Shackle software that is available now and in the future including any software, programs, documentation, tools and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases). The terms and conditions of this SSA also govern all use of the Shackle website www.exploreshackle.com, hereinafter referred to the “Site”. Shackle may also perform installations and provide hardware and supplies mentioned or not mentioned on the Site (taken together with the Site, hereinafter referred to as the “Product” or “Products”). The terms and conditions in this SSA apply to all Products.
Shackle reserves the right, in its sole discretion, to modify or replace any of the terms or conditions of this SSA at any time. User’s continued use of any of the Services or Products following the posting of any changes to this SSA constitutes User’s acceptance of those changes. User agrees to periodically inspect the Site to stay informed about such changes. Certain Services and Products that become available may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with this SSA, those additional terms and conditions will prevail.
By accessing any part of the Shackle’ Services or Products or by using the Services or Products in any way whatsoever, User recognizes being bound by the terms of this SSA. User warrants and guarantees that User is at least eighteen (18) years old (or is at least the minimum age required by the hotel) and has read, understood, and agrees to be bound by this SSA. If User is entering into this SSA on behalf of a company, User warrants and guarantees that User has the authority to bind that company to the terms of this SSA.
As a condition to using the Services and Products, User may be required to register with Shackle and create a Shackle account and select a password and username. User may not (i) select or use any User ID of another person or company with the intent to impersonate that person or company; or (ii) use as an User ID or Shackle Site Name a name for which User does not have permission to use. Shackle reserves the right to refuse registration of, or cancel a User ID in its discretion. User is responsible for maintaining the confidentiality of the Shackle password and other account information. User agrees that the information provided will be accurate, complete, and up to date, and if Shackle determines that the information does not meet those standards, or if these requirements are violated, Shackle may immediately terminate the SSA for breach and/or suspend the User’s use of the Services and Products.
3. Ownership of the Service and Products
The Service and Products are licenced and not sold. Shackle reserves all rights not expressly granted to the User in this SSA. By accepting this Agreement, User recognizes that the Service and Products are protected by copyright, trade secret and other intellectual property laws and that Shackle or its suppliers own all title, rights and worldwide Intellectual Property Rights (as defined below) in and to the Services and Products and all copies of the Services and Products (including their look & feel and any associated software, technology, content and documentation). This SSA does not grant User any rights to Shackle trademarks or service marks. For the purposes of this SSA, “Intellectual Property Rights” means all author’s rights, patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
User may use the Shackle name and/or logo, solely in accordance with Shackle’s Trademark Guidelines (as may be communicated to the User from time to time); provided, however, that Shackle can revoke that privilege at any time. User hereby consents that, if User chooses to use the Service or Products, Shackle may identify User as a Shackle User (using User’s name and logo) and generally describe the Services and Products it provides to User in its promotional materials, presentations, and proposals to other current and prospective Users.
User may choose to or Shackle may invite User to submit comments or ideas about the Service and Products, including without limitation about how to improve the Services and Products (“Ideas”). By submitting any Idea, User agrees that the disclosure is gratuitous, unsolicited and without restriction and will not place Shackle under any fiduciary or other obligation, and that Shackle is free to use the Idea without any additional compensation to User, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. User further acknowledges that, by acceptance of User’s submission, Shackle does not waive any rights to use similar or related ideas previously known to Shackle, or developed by its employees, or obtained from sources other than User.
4. Permitted Uses
Subject to the terms and conditions of this SSA, including due and timely payment of applicable fees relating to the use of the Service(s) or Product(s), Shackle hereby grants to User a limited, non-exclusive, non-transferable licence, without the right to sublicence, to install and operate the Service and Products as well as any accompanying documentation on Users computer(s) and mobile device(s) (as applicable) solely for the benefit of the User and not for any third party, until termination of this Agreement. Any right not expressly granted hereunder are reserved. There are no implied rights of any kind. The Service(s) and Product(s) shall remain the entire and exclusive property of Shackle. This SSA does not constitute a sales agreement, but a User licence agreement that is personal, inalienable and non-exclusive.
5. Using the Services and Products
Shackle provides the Services and Products which enable User (the guest) to digitally access the products and services offered by Shackle's Service Providers including but not limited to: digital check-in/out, keyless door access, room service, payment etc. Once User has reserved User's purchase, Shackle will provide User and the Service Provider with details of the purchase, including the names of the guest(s). Depending on the terms of the purchase, Shackle may be able to help User change or cancel the purchase if User wishes to.
When User makes a reservation, it’s directly with the relevant Service Provider. Shackle is not a ‘contractual party’ to the reservation. The Services and Products only show accommodations that have a commercial relationship with Shackle, and it doesn’t necessarily show all their products or services. Information about Service Providers (e.g. facilities, house rules and sustainability measures) and their travel experiences (e.g. prices, availability and cancellation policies) is based on what they provide to Shackle. Service Providers responsible for making sure that information is accurate and up to date.
User shall not, nor permit anyone else to, directly or indirectly (a) make copies of or further distribute the Services or Products, including copying onto any other medium, (b) distribute, rent, sublicence, lease, resell, or assign the Services or Products, (c) alter, modify or adapt the Services or Products, including but not limited to, translating, decompiling, disassembling, reverse engineering, attempting to discover the source code or underlying algorithms of all or any part of the Services or Products or creating derivative works, (d) export the Services or Products without the appropriate foreign government licences and without Shackle’s prior written approval, (e) resell, rent or otherwise provide access to the Services or Products to a third party or (f) take any action in an attempt to obtain any other Shackle user’s data, cause malfunction, crash, tamper with or otherwise impair Shackle Products and Services.
User’s use of the Services and Products is subject to all applicable local, state, national and international laws and regulations. This comprises all legal obligations incumbent on the User to mark beverages as alcoholic and label food ingredients as containing allergens. User will not use the Services or Products or any content on the Services or Products for any purpose or in any manner that is unlawful (including, without limitation, in any manner which violates the export or trade controls of the EU or any other country) or prohibited by this Agreement, or which infringes the rights of Shackle or others.
Any rights not expressly granted hereunder are reserved by Shackle. No rights in the Shackle Services and Products are granted, whether expressly or by implication, including, without limitation, any rights in any patents, copyrights, trademarks or trade secrets embodied therein, except in connection with the permitted uses expressly described herein.
If you make a purchase using the Services or Products, you agree to pay the applicable fee(s).
To make a purchase using the Services and Products, you will be asked to provide payment details and we will store your payment method details for future transactions after collecting your consent. The payment methods available to you may include credit or debit card and alternative payment methods. For some purchases, the person or entity providing the products and/or services being purchased ("Service Provider") may require an upfront payment, also known as a pre-authorisation or pre-auth, when you make the relevant reservation ("Upfront Payment") and/or that a payment be taken during your travel experience. You acknowledge and agree to any such Upfront Payment or payment taken during your travel experience and that the relevant amount may be non-refundable.
If you make a purchase using the Services or Products, we (or, in some cases, the Service Provider in the country your payment originates from) will be responsible for managing your payment and ensuring the completion of your transaction with our Service Provider. In this case, your payment constitutes final settlement of the ‘due and payable’ price.
If payment for a travel experience booked using the Services or Products is made directly to the Service Provider, this will usually be in person at the start of your travel experience, but it could also be (for example) that your credit card is charged when you book, or you pay when you check out of your accommodation. This depends on the Upfront Payment policy of the Service Provider as communicated to you during the booking process so please check this policy before you book. We don’t influence and aren’t responsible for any Service Provider's Upfront Payment policy.
If you know of or suspect any fraud or unauthorised use of your payment method, please contact your payment provider, who may cover any resulting charges, possibly minus an excess. If the currency selected for your purchase isn’t the same as the Service Provider’s currency, we may show prices in your own currency or offer you a 'Pay In Your Own Currency' option. You’ll see our currency conversion rate during checkout, in the details of your account, or (if you don’t have an account) in the email we send you. If we charge you fees in connection with any such services, you’ll find the fee expressed as a percentage over European Central Bank rates. Your payment provider may charge you a foreign transaction fee.
Some of the prices you may see may have been rounded to the nearest whole number. The price you pay will be based on the original, ‘non-rounded’ price (although the actual difference will be tiny anyway).
Prices are subject to change at any time. If the price changes for a booking or purchase you have made, we will let you know via an email and/or a notice accessible on the Services or Products. You agree to periodically review Shackle information made available via the Services or Products in order to stay informed.
Shackle shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of any product and/or service provided by a Service Provider (including a travel experience).
Obvious errors and misprints are not binding. For example: if User books a 5 course dinner on room service that was mistakenly offered for £1, Shackle may simply cancel that purchase and refund any monies that User has paid.
If a refund is payable to User, such refund will be transferred back to User via the payment method used to make the relevant purchase. All prices are exclusive of any and all taxes imposed by taxing authorities.
Invoicing is done on a purchase basis. For example, if you order room service using the Services or Products, the full amount will be invoiced upon successful completion of the order for the purchased room service items.
All invoices are payable according to the payment terms mentioned on the invoice. In the event of late payment, 6% interest per annum on the amount owed shall apply automatically, legally and without prior notice of default. Besides the aforementioned, damages of 10% on the amount owed may also be applied automatically, legally and without prior notice of default.
There is no fee to cancel a Shackle account. However, you are responsible for any outstanding invoices due on the date of cancellation. So, for example, if you were invoiced on the 5th day and then cancelled your Shackle account on the 8th, you are still responsible for all amounts owing as at the 5th day. Failure to comply with this section of the SAA or otherwise pay fees due is a material breach of this SSA. For the avoidance of doubt, the User should contact Shackle if there are any issues with payment.
When User is booking, User may see that some Service Providers refer to a ‘damage policy’. This means that if anyone in User's group loses or damages anything: User should inform the Service Provider; instead of charging User for it directly, the Service Provider will have 14 days to submit a damage payment request through the Services or Products under User's reservation number; if the Service Provider submits a damage payment request, we’ll tell User, so User can tell Shackle if User has any comments, and whether or not User agrees with the charge; if User agrees, Shackle will charge User on the Service Providers behalf or if User disagrees, Shackle will look into it and decide whether or not to discuss it further. Shackle's determination in relation to any damage payment request is final and binding.
There’s a limit (shown while User is booking) to how much the Service Provider can charge User under their damage policy through Shackle's Services and Products. Any payment User makes would be between the Service Provider and User – Shackle would just be organising it on the Service Provider’s behalf. The damage policy doesn’t relate to general cleaning, ordinary wear and tear, any crimes (such as theft), or any non-physical ‘damages’ (e.g. fines for smoking or bringing pets).
The Service Provider might require a ‘damage deposit’ before or at check-in. If they do, Shackle will tell User about it while User is booking – but it has nothing to do with the Service Provider's damage policy. Shackle won’t be involved in any financial settlement related to damage deposits. If there is any damage, the Service Provider can always decide to initiate a (legal) claim against User outside of their damage policy, in which case the limit described above wouldn’t apply.
10. User personal information
User shall indemnify and hold harmless Shackle from any claim brought against Shackle alleging that personal information stored on the Services or Products was improperly used where such use was by User while such information was stored on the Services or Products or any use after User has exported such data. User also agrees that Shackle may contact User in the event User has any performance issues with the Services or Products.
This SSA shall come into effect upon User's first use of any of the Services or Products and shall be valid for an open-ended period. Shackle in its sole discretion has the right to suspend or terminate this Agreement and User's account and refuse any and all current or future use of the Services and Products for any reason at any time if User does not comply with this SSA. This Agreement and User’s right to use the Services and Products automatically terminates if User fails to comply with any provision of this SSA. User’s duties to (i) pay amounts due and payable, (ii) refrain from any kind of reverse engineering or infringement on Shackle’s Intellectual Property Rights or other act in violation of this Agreement or (iii) indemnify and hold harmless Shackle with regard to end User personal information shall survive termination of this SSA. Upon termination, User will destroy all of User's copies of the Services and Products and any associated documentation.
In addition, Shackle reserves the right and User acknowledges Shackle's right to terminate service of User’s account at Shackle’s sole discretion. Upon termination of this Agreement, Shackle shall terminate the User’s access to their Shackle account and the data residing therein, and User will lose access to all of the data, information and content stored in or on (or related to User’s use of) the Services and Products and User’s account. Shackle may permanently delete User’s data and information at that time.
Some provisions of this Agreement are meant to survive termination; for example, the terms regarding ownership of the Intellectual Property Rights in and to the Services and Products, the section where it is explained that the Services and Products are provided “AS IS,” and the section where Shackle limits its liability to User. The provisions that a reasonable person would assume are meant to survive termination, including the examples above, will survive termination.
12. Statement of service and support provided
Some parts of the Services and Products may be unavailable to User. Shackle is constantly working to improve the Services and Products and Shackle can make changes to the Services and Products at any time (including discontinuing certain parts of the Services and Products). If User does not like the changes, the only remedy is to stop using the Services and Products. If Shackle decides to permanently stop offering the Services and Products entirely, it will inform Users in advance.
At any time Shackle may invite User to try Shackle Services and Products that are not generally available to other Users (“Non-GA Services”). User may accept or decline any such trial in its sole discretion. Any Non-GA Services will be clearly designated as beta, pilot, limited release, developer preview, non-production or by a description of similar import. Non-GA Services are provided for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms. Non-GA Services are not considered a Service or Product hereunder and are provided “as is” with no express or implied warranty. Shackle may discontinue Non-GA Services at any time in Shackle’s sole discretion and may never make them generally available.
Shackle does not make any promises regarding how fast Shackle will respond to a request for support or that Shackle will be able to fix any problems User may be having. Shackle reserves the right to access any and all of User’s data in order to respond to User’s requests for support.
13. Third party services and websites
User may be offered services, products and promotions provided by third parties and not by Shackle. If User decides to use these third party services, User will be responsible for reviewing and understanding the terms and conditions associated with these services. User agrees that Shackle is not responsible for the performance of these services. The Shackle Services and Products may contain links to third party websites as a convenience to User. User agrees that accessing any such website is at User’s own risk, and that the website is not governed by the terms and conditions contained in this SSA. Shackle expressly disclaims any liability for these websites. Shackle shall not be responsible for the negligent, grossly negligent, or actions or inactions of any third party. Furthermore and except for authorized Shackle subcontractors, this limitation shall apply even to those third parties that may have been certified pursuant to a Shackle certification program or recommended or referred to User by Shackle.
14. Limitation of liability
User agrees that the Services and Products are provided “as is.” Any use of the Services and Products is at User’s sole and absolute risk. In no event, will Shackle and its processors, suppliers or its licensors (or their respective affiliates, agents, directors and employees) be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Services or Products, errors in or loss of any data, or any damages User incurs as a result of a force majeure event or an event beyond Shackle's control, even if Shackle is advised of the possibility of such damages. Specifically, Shackle is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of use of the software or services, loss of data, the costs of recovering data, any claims by third parties, or for other similar costs. Shackle will in no case be liable for unlawful or improper use of the Services or Products, or for any manipulation or modification of the Services or Products.
To the extent permitted by mandatory consumer law, Shackle will only be liable for costs User incurs as a direct result of a failure on Shackle's behalf. If User is in breach of this Agreement and/or a Service Provider’s terms, to the extent permitted by law, Shackle won’t be liable for any costs User incurs as a result, and User won’t be entitled to any refund.
To the extent permitted by law, the most that Shackle, or any Service Provider, will be liable for (whether for one event or a series of connected events) is the cost of User's reservation, as set out in your confirmation email. Nothing in this Agreement will limit Shackle's liability in respect of Shackle's own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation.
Shackle doesn't make any promises about Service Providers’ products and services. Making the right choice(s) is entirely User's responsibility. User may be protected by mandatory consumer protection laws and regulations, which guarantee User rights that no company’s terms can overrule. In that case, Shackle's liability is determined not just by this Agreement, but also by any applicable consumer protection laws and regulations. User acknowledges and agrees that sharing of its account information, login information or passwords shall be at its sole and absolute risk and that Shackle shall not be liable for any damage arising as a result of such sharing.
User will indemnify, hold harmless and upon Shackle’s request, defend Shackle against any claims, liabilities and expenses (including court costs and reasonable attorney’s fees) arising from the acts of omissions of User, User’s employees or agents, including, without limitation, any provision of warranties or contractual rights to consumers or end users in excess of those set forth in this SSA. User is responsible for all User data, and for User’s activity in connection with the Services and Products. User shall indemnify and hold harmless Shackle (and its affiliates), and each of its (and its affiliates) respective employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from (i) User’s use or misuse of the Services and Products; (ii) User’s access of or to any part of the Services and Products; (iii) any User data; or (iv) User’s violation of this Agreement or any additional terms User agrees to with Shackle.
The Services and Products, and any other Shackle services and products, are provided without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Shackle and its processors, suppliers or its licensors (or their respective affiliates, agents, directors and employees) do not make any warranty that (i) the Services and Products are free of viruses or other harmful components; (ii) the Services and Products will be error-free or uninterrupted (including, without limitation, interruptions that occur in the context of regularly scheduled maintenance); (iii) any information or advice obtained by User in connection with the Services and Products will be accurate or complete. Shackle makes no warranty of any kind as to the suitability or adequacy of the Services or Products for a particular purpose or non-infringement.
Some countries do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages, therefore, the foregoing limitations shall not apply to the extent that they are prohibited by User’s local applicable law.
16. Contracts (Rights of Third Parties) Act 1999
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
17. Governing Law
This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with English law.
The courts of England are to have exclusive jurisdiction to settle any disputes that may arise out of or in connection with this Agreement and accordingly any legal action or proceedings arising out of or in connection with this Agreement (“Proceedings”) may be brought in such courts. The User irrevocably submits to the exclusive jurisdiction of such courts.
18. Customer Care
If you have a query or complaint, please contact our Customer Success team. You can do this through our app. You can help us help you as quickly as possible – by providing: your reservation confirmation number, your contact details and the email address you used when you made your reservation, a summary of the issue (including how you’d like us to help you) and any supporting documents (bank statement, pictures, receipts, etc.). All queries and complaints are recorded, and the most urgent ones are treated as highest priority.
If you’re a resident of the European Economic Area and you’re not happy with the way we handle your complaint, you may be able to complain via the European Commission’s ODR (Online Dispute Resolution) platform (EC.EUROPA.EU/ODR).
19. Measures against unacceptable behaviour
We have the right to stop you making any reservations, to cancel any reservations you’ve already made, and/or to stop you using our Services and Products and/or your account. Of course, we’ll only do this if, in our opinion, there’s a good reason to – for example: fraud or abuse non-compliance with the terms and conditions of this Agreement, or with applicable laws or regulations inappropriate or unlawful behaviour (e.g. violence, threats or invasion of privacy) in relation to us, any of the companies we work with – or anyone else, for that matter.
If we cancel a reservation as a result, you won’t be entitled to a refund. We may tell you why we’ve cancelled your reservation, unless telling you would (a) contravene applicable laws and/or (b) prevent or obstruct the detection or prevention of fraud or other illegal activities. If you believe we have incorrectly cancelled your reservation, please contact our Customer Success team.
You’re not allowed to monitor, copy, scrape/crawl, download, reproduce or otherwise use anything on our Services and Products for any commercial purpose without written permission of Shackle or its licensors.
We keep a close eye on every visit to our Services and Products, and we’ll block anyone (and any automated system) we suspect of conducting an unreasonable amount of searches using any device or software to gather prices or other information doing anything that places undue stress on our Services and Products. CONTACT US In order to resolve a complaint regarding the Site or to receive further information regarding use of the website or application, please contact us at:
Shackle Group Ltd