TERMS AND CONDITIONS
These Terms and Conditions are standard to and apply to all Paradise Retreats bookings and properties. The making of a booking or payment constitutes confirmation of the Guest and each of the Guest’s party’s understanding and acceptance to be bound by the following Terms and Conditions both jointly and severally.
“Owner” applies to all property owners or representatives of the owner of the Property.
“Property” means the property available for rental and includes and grounds, facilities, outbuildings and services, and all fixtures and fittings and appliances or equipment at the property.
“Guest” and “Guests” applies to each and all those persons, both jointly and severally, having booked/ been booked by another/occupying/occupied/due to occupy as part of a booked group, a property with Paradise Retreats.
“Group” refers to any and all members of the Guest’s group of persons hiring the Property.
“Visitors” refers to any or all persons visiting the Property during the booking (this does not include any animals or pets).
“Booking” applies to period booked by the Guest in accordance with the confirmation letter provided by Paradise Retreats upon receipt of the deposit or full balance of the rental fee.
“Supplier” or “Suppliers” means the supplier of any further services arranged with respect to the Booking through Paradise Retreats, other than those arranged through the Owner.
Paradise Retreats’ (“We”, “Our”, “Us”) website (our “Site”) and services are subject to these Terms and Conditions (T&Cs) whether you are an Owner or a Guest. Paradise Retreats act as agents for the Owner of the Property and arrange short term lets of the Property. The contract is between the Owner and the Guest and will be subject to the following T&Cs.
Please read the Terms and Conditions carefully and thoroughly before making use of Our Site. We recommend that you print out and keep a copy of them for your future reference. By using Our Site you are deemed to accept and are bound by the Terms and Conditions. If you do not agree to the Terms and Conditions please do not use Our Site.
We may modify the Terms and Conditions from time to time. Your continued use of Our Site following any such change shall be deemed to be your acceptance of such change. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the site.
3. ABOUT US
Our Site is owned and operated by PARADISE RETREATS LTD, trading as Paradise Retreats. PARADISE RETREATS LTD is a company incorporated and registered in England and Wales under company number 13946424 and its registered office is 16 Clare Gardens, Notting Hill, London, W11 1NX.
We are not responsible for the compliance with laws, rules and regulations that may be applicable to any property advertised on Our Site in any jurisdiction.
It is the sole responsibility of the Owner to be eligible to rent the property. Likewise it is the sole responsibility of the Guest to pay for the rental.
You are solely responsible for your use of Our Site and should give careful consideration in each case before entering into any transaction as either an Owner or a Guest.
A non-refundable deposit of 30% of the property rental fee is payable at the time of booking to reserve the Guest’s preferred dates. The remaining balance of 70% of the property rental fee is due 14 days before the arrival date of the rental. Any bookings taken within 14 days of the arrival date must be paid in full at the time of booking. It is the Guests responsibility to ensure that all payments due in relation to the Booking or services are paid on time and in full. Failure to pay the deposit or balance within this timeframe will be perceived as cancellation by the Guest. The Guest must contact Paradise Retreats immediately if payment cannot be made on time. All payments will be acknowledged by Paradise Retreats and the Guest must contact us immediately if they have not received confirmation of a payment. Once payments are received they are non-refundable should the guest decide not to proceed with the booking for any reason.
A refundable Damage Deposit is payable for each Booking which must be paid when making the booking.
Payment, payment terms, and the terms and conditions for any service or supplies are governed by the terms and conditions of the supplier(s) and are not the responsibility of Paradise Retreats whether or not these are detailed in the booking confirmation. Any additional services or supplies must be paid for in full at the time of booking any such service or supplies and are non-refundable.
A minimum charge of £20 will become due in each event of a deposit, balance or other payment by the client being declined or returned on presentation to our bank (higher charges will only apply in the event of higher bank charges or administration costs).
No interest is payable to the Guest for any monies held by or paid to Paradise Retreats and no credit for any such interest will be payable to the Guest.
All payments must be made to Paradise Retreats Ltd. Payments can be made by electronic transfer, bank transfer, debit card or credit card (please note all card payments are subject to a 2.5% surcharge). We regret that American Express and Diners Club cards are not accepted.
All prices are inclusive of VAT unless otherwise stated. No discounts will be applied to the Booking unless stated on the confirmation letter.
The Guest may not off-set any sums owed to Paradise Retreats against any sums due to Paradise Retreats, the Owner or any supplier to the Guest. No deduction or abatement will be made of the grounds of any alleged shortfall, defect or failure to conform with any description, specification or any other breach by Paradise Retreats whatsoever.
Paradise Retreats may in its absolute discretion whether on its own behalf or on behalf of the Owner refuse any booking without giving a reason prior to sending a confirmation letter. In this instance, any monies paid will be returned in full to the Guest. No interest will be paid on any monies held by us.
All properties and services are subject to availability and prices can change without prior notice. Your Booking price will be confirmed when Paradise Retreats receives payment due and the confirmation letter has been sent.
5. DAMAGE DEPOSIT
The Guest agrees to pay a Damage Deposit to Paradise Retreats in when making the booking. The Guest consents that deductions may be made from the Damage Deposit for the cost of replacement, repair or additional cleaning costs as specified by the Owner associated with any excess mess, damage or breakages that occur during their Booking as described in section 6. The Guest will be notified in writing within 7 days of the end of the Booking of any charges to be deducted. Should the charges incurred exceed the amount of the Damage Deposit; the Guest will be fully responsible for paying any surplus charges within 14 days of the charges being presented to the Guest. Paradise Retreats reserves the right to charge the Guest for up to 7 days from the end of the Booking should the Damage Deposit be insufficient to cover the costs.
Paradise Retreats may also charge the Guest for any loss of income incurred by Paradise Retreats or the Owner should the damage or loss caused by the Guest or any of his Group or Visitors prevent Paradise Retreats or the Owner from fulfilling other agreements or contracts entered into with any party.
The Guest must settle any or all outstanding payments, bills or invoices relating to the Booking or services before leaving the Property at the end of the Booking. The Guest agrees that any outstanding payments may also be deducted from the Damage Deposit.
Any damage deposit deductions will be subject to a £20 + VAT administration fee.
Should the Property be left in a satisfactory state and all outstanding invoices have been paid, the Damage Deposit will be returned to the Guest in full within 7 days of the end of the Booking.
Overdue accounts may be passed to a debt recovery specialist at the discretion of Paradise Retreats without prior notification to the Guest. Should this occur an administration fee will be added to the account and any fees or expenses charged by the debt recovery specialist or incurred by Paradise Retreats shall be payable in addition to the outstanding amount accrued by the Guest.
Paradise Retreats may arrange additional services or supplies on behalf of the Guest in relation to the Booking at the Property. The Guest indemnifies Paradise Retreats with respect of these services and shall be responsible for any additional fees or costs incurred in respect of any such arrangements.
Any additional services must be paid for in full at the time of booking such services. The administrative costs of additional work will be communicated to the Guest before we carry out any work. Such additional services or facilities arranged by us will not be confirmed until we have received all payments in full. Unless confirmed in writing and paid for in full prior to the Booking then Paradise Retreats reserve the right not to arrange or provide alternatives to those services. All payments for additional services or supplies are non-refundable.
Any agreement of such services is between the Guest and the Supplier and the Guest and will be governed by the terms and conditions of the Supplier. Whilst Paradise Retreats will do its upmost to ensure any services and supplies are of the highest quality and delivered on time, Paradise Retreats will not be held accountable for the availability, suitability, quality or standard of any such services or supplies and shall not be responsible for any loss resulting from them; nor are Paradise Retreats under any obligation to take any steps to provide alternate arrangements or facilities or assist in resolving any dispute or disagreement between the Supplier and the Guest.
Payment and terms for any service will be notified separately and confirmed in writing to the Guest by either the Supplier or Paradise Retreats. Unless confirmed in writing neither the Supplier nor Paradise Retreats are bound to provide or arrange any services, supplies, facilities or equipment.
It is the responsibility of the Guest to satisfy themselves as to the suitability and nature of the services that they are obtaining from the Supplier. As any such arrangement is made between the Guest and Supplier, Paradise Retreats can accept no responsibility for any failure of service, any cancellation or the unsuitability of service arranged. Paradise Retreats is not responsible for the content of any promotional or advertising material published by or on behalf of any Supplier.
It is the responsibility of the Guest to make any cancellations of services or facilities arranged by the Guest with any Supplier. Paradise Retreats accepts no responsibility in relation to any such arrangements.
Paradise Retreats shall have no liability in contract, tort or otherwise for death, injury, or loss to Guests, their Visitors, Owners or Suppliers except to the extent that such liability is imposed by law and cannot be excluded or restricted.
7. BOOKING CONFIRMATION
Your confirmation letter will be sent either by post or electronic mail and it is the responsibility of the Guest to check their post or email to ensure this has been received. Paradise Retreats will not be held responsible for any delays or problems that arise from circumstances beyond our control. It is the responsibility of the Guest to check that all details on the booking confirmation are correct and any special requests or additional services booked have been noted on the booking confirmation. The Guest must inform Paradise Retreats in writing within 10 working days of the date the confirmation letter was sent of any errors or omissions.
8. CANCELLATION AND AMENDMENTS
Alterations to the Booking may only be made at the absolute discretion of Paradise Retreats and are subject to the Owner agreeing to the change. Changes of dates are only possible more than 2 weeks prior to the arrival date of the Booking. Any alterations are subject to an administration fee of £20 + VAT. The Guest may also be required to pay for any additional costs due in respect of the alteration. The Guest must notify Paradise Retreats in writing to the address on the booking confirmation of any alterations he or she wishes to make to the Booking, and any alterations will only be confirmed when Paradise Retreats have received any payments or fees due and issued written confirmation of the changes.
In the event of a cancellation requested by the Guest, any money already paid will be forfeit to Paradise Retreats. The Cancellation Date will be taken to mean the date when Paradise Retreats confirms, in writing, your request to cancel. It is the Guest’s responsibility to ensure that Paradise Retreats have received the Guest’s cancellation letter. We cannot be held responsible for any delays or issues outside of our control. Please contact us if you believe that your letter has not been received.
The cancellation charges are due regardless of whether the Guest has already paid that amount to Paradise Retreats.
Paradise Retreats shall not be held liable for any failure of performance due to any unusual and unforeseeable events beyond their control, including but not limited to acts of God, war, threat of war, civil strife, natural or nuclear disaster, fire, epidemics, inclement weather conditions, terrorist activity, governmental action, strikes, lock-out, industrial action or protest, shortage in goods or materials, floods or any other event beyond the control of Paradise Retreats including acts undertaken by the Owner. This may however affect your Booking and we strongly advise that you take insurance against any such eventualities.
Though it is unlikely Paradise Retreats will have to make significant changes to confirmed arrangements, it does happen occasionally. If this occurs, Paradise Retreats will attempt to contact you immediately by telephone or email to advise the Guest at the earliest possible date. We will also issue a letter to you detailing the changes in writing within 3 working days of us being made aware of the change. It is at Paradise Retreats discretion as to what constitutes a significant change.
If for any reason Paradise Retreats are unable to provide the Guest with the Property the Guest has booked, Paradise Retreats will endeavour to offer an alternative property to the Guest of a similar type and location to the original Property. In the event that further costs are payable in respect of the alternative then the Guest shall pay any additional monies due at the time of the alteration. If the alternative costs less than the original Property, a refund will be issued to the Guest for the difference in cost.
If the Guest does not wish to accept the changes or alternatives offered, Paradise Retreats will endeavor to obtain a refund from the Owner of any monies already paid. Paradise Retreats will make every effort to obtain the refund on behalf of the Guest, however we do recommend relevant comprehensive cancellation insurance is purchased by all Guests to cover any costs should your chosen property or dates become unavailable. No compensation, expenses or any type of costs will be payable to the Guest by Paradise Retreats.
It is the responsibility of the Guest to notify Paradise Retreats whether or not you wish to accept any change or alternative offered. If you do not confirm to us that you wish to accept a change or alternative within 30 days of us making an alternative offer to you we are entitled to assume you wish to cancel your Booking.
Paradise Retreats reserves the right to cancel the booking and refund the amount paid to us for the property. Paradise Retreats will not be liable for any further obligations or claims by the client.
Neither the Owner nor Paradise Retreats will be held responsible for changes to the locale of the Property, or the use or development of any neighboring or adjoining land or land outside the ownership or control of the Owner.
9. GUEST RESPONSIBILITIES
Paradise Retreats will not accept bookings from anyone under the age of 18 unless they will be accompanied by a parent or guardian at the Property for the entire duration of the booking.
The Guest confirms that he or she has been authorized to make a Booking on behalf of the other members of his or her Group and accepts that it is the sole responsibility of the Guest making the booking to make any payments in full and on time regardless of whether or not monies have been collected from all members of their group.
The Guest confirms that the maximum occupancy of the Property will not be exceeded at any time during the Booking without prior written agreement from Paradise Retreats. There will be no additional Visitors to the Property during the Booking without prior written agreement from Paradise Retreats. The Guest will provide names and dates of birth of any and all members of their party who will be staying at the Property during the Booking prior to their arrival. Should the Owner or representative of the Owner find that additional persons to the named lists of guests are staying in the property, but are still within the maximum occupancy of the Property, this will be subject to an additional charge of £100 per person per night, which will be the responsibility of the Guest to pay and may be deductible from the Damage Deposit.
The Guest must ensure that the Property is securely locked (all doors and windows closed and secured) when not occupied during the Booking. The Guest must not disclose any security codes or give the keys to the Property to anyone other than members of the booked party. The keys remain the property of the Owner and under no circumstances may be copied. The Guest shall indemnify the Owner and Paradise Retreats against any loss, costs or expenses arising from any breach of this condition.
No animals, livestock or pets will be allowed to enter the Property without prior written agreement from Paradise Retreats.
The Property will be used for personal domestic purposes only and cannot be sub-let to any third party. The Property will not be used for any commercial purposes without prior written consent from Paradise Retreats.
The Guest agrees to adhere to any specific booking conditions imposed by the Owner which will be clearly stated on the booking confirmation.
The Guest shall not allow any member of the Group or Visitors to alter, tamper with, repair, maintain, or damage any appliance or equipment at the Property.
The Guest shall not cause or allow to be done any act or allow any thing onto the Property which would cause any policy of insurance arranged by or on behalf of the Owner of Paradise Retreats to be rendered void or voidable. The Guest shall indemnify the Owner and Paradise Retreats against any loss, damage or irrecoverable sums caused as a result of any breach of this condition.
Paradise Retreats reserves the right to refuse entry or terminate the Booking early if any of these conditions are breached, without the right to any refund or compensation to the Guest from the Owner or Paradise Retreats.
10. BEHAVIOUR AND CARE OF THE PROPERTY
The Guest agrees to take full responsibility for all members of his or her party and ensure that proper care is taken of the Property both internally and externally, including any contents, equipment and appliances. The Guest must keep the Property clean and tidy throughout the Booking and return the Property in the same cleanliness, condition and repair in which they found it on their arrival. Failure to comply with this requirement will result in a deduction being made from the Damage Deposit to cover any additional cleaning or repair costs. The Guest must notify Paradise Retreats and the Owner or their Representative immediately should there be any breakages or damage to the Property or its contents. An emergency contact telephone number will be provided in case of any issues. The Guest must notify Paradise Retreats or the Owner or their representative immediately if they notice any defects or breakages at the start of their Booking; otherwise the Guest accepts that they have received the Property in good repair and a clean and tidy condition.
The Guest is responsible for the correct and decent behaviour of his/her party. Any criminal or illegal activity, unreasonable or abusive behaviour, excessive noise that adversely affects the rights of the Owner or Paradise Retreats to continue letting the Property, or police or authority involvement in complaints warrants the immediate termination of this agreement and all persons will be immediately evicted from the property. Should the Guest or any member of the Guest’s party not behave in such a manner, the Owner, Paradise Retreats or any appointed agent of these may at his/her absolute discretion either cancel the booking in which case all monies paid will be forfeited as if cancelled by the Guest or ask the Guest and the Guest’s party to vacate the property with immediate effect. In the most unlikely event of this occurring, the Guest will forfeit all and any rights of access to or use of the property by the Guest or the Guest’s party. These will terminate immediately with no right to recompense of any kind or liability on the Owner or Paradise Retreats for any costs incurred by the Guest, including but not exclusive to alternative accommodation, travel or legal costs of any kind. In addition the Guest will be liable for all and any legal costs incurred by the Owner in relation to any such action.
11. ADVERTISING AND PROMOTIONAL MATERIAL
Paradise Retreats makes every effort to ensure the accuracy of the content of any promotional or advertising material and has made every effort to describe accurately any services or the Property. If in its opinion Paradise Retreats believe that errors or subsequent changes to the Property will affect your letting experience we will contact you as soon as we become aware of the change or error. Unless in the opinion of Paradise Retreats the change is a significant change we will not offer a refund, costs or compensation in these circumstances.
All Paradise Retreats properties are non-smoking. Smoking is not permitted inside any buildings at the Property. Any Guests wishing to smoke in the grounds or gardens of the Property must ensure that cigarette butts are disposed of in a safe and cleanly manner.
No pets or animals are permitted in the house or grounds of the Property unless agreed in writing at the time of booking. Any pets must be under proper control at all times and the Guest agrees to pay any additional cleaning costs incurred as a result of the pet being at the Property. We regret that not all properties accept pets and this is entirely at the Owner’s discretion.
14. RENTAL PERIOD
All Bookings commence at 3pm on the day of arrival and terminate at 11am on the day of departure, unless otherwise agreed at the time of booking and confirmed in writing in the booking confirmation. The Guest must confirm their estimated arrival time (within these time frames) at least one week before arrival.
Paradise Retreats will endeavor to accommodate any requests for early check in or late check out, however these cannot usually be confirmed until approximately one week before arrival due to the turnaround time required between rentals. It may be possible to guarantee an early check in or late check out by paying a supplementary charge. Please contact us for more details.
Paradise Retreats strongly advise that the Guest arranges comprehensive travel insurance for the Booking at the time of booking in order that the Guest is fully covered should the Guest need for example to cancel due to unforeseen circumstances.
Should there be any cause for complaint during the occupation of the Property, Paradise Retreats must be notified during the booking. Any complaints must also be submitted in writing to the address on the confirmation letter. If you fail to do one or both of these things you may affect your entitlement to claim compensation or a refund.
Please be aware that (although rare) facilities and appliances can malfunction, break down, and services be interrupted. Although Paradise Retreats will use best endeavors to arrange for any such problems to be addressed as quickly as possible, Paradise Retreats accepts no responsibility for the breakdown of the supply of water, electricity, heating, facilities or appliances, etc. Emergency contact details will be supplied to the Guest in the event of such a problem, and the Guest must notify the emergency contact and Paradise Retreats immediately so we can act to resolve any problem promptly. Complaints cannot be dealt with after the Guest has left the Property and Paradise Retreats wish to resolve any concerns at the earliest opportunity.
In the unlikely event that the Guest feels concerns have not been addressed reasonably, this must be put in writing to Paradise Retreats within one week of the end of the Guest’s Booking.
If the Guest chooses to leave the Property before the end of the Booking due to any complaint they may have, they will not be entitled to any alternative accommodation, refunds or compensation unless this is agreed in writing by Paradise Retreats PRIOR to the Guest leaving the Property. Whether or not the Guest is entitled to any alternative accommodation, refunds or compensation is entirely at Paradise Retreats’ discretion.
Should the Guest decide to make alternative arrangements for any reason whatsoever without agreement of Paradise Retreats in writing, all rights to any future investigation or compensation will be forfeited.
Paradise Retreats shall not be responsible for any liability in relation to your dissatisfaction with the Owner, Property, Service or Supplier. Any assistance provided in resolving a complaint in relation to your Booking is provided on a goodwill basis and at our discretion, unless a complaint is directly relating to our customer service.
Bed linen and bath towels are included in the rental cost. Any other inclusions are as specified in the individual Property details and may be subject to change at any time.
Photographs taken at any Paradise Retreats property cannot be used or sold for profit without written authorization from Paradise Retreats.
Any valuables or belongings of any nature brought to, within or left at the property are entirely at the Guest’s own risk. Neither the Owner nor Paradise Retreats, their servants or agents can be held responsible for any damage to or loss of personal property while at the Property howsoever caused.
The Guest is responsible for checking that they have all of their possessions on departure. Paradise Retreats will endeavor to assist with the retrieval of any lost property but are not responsible for finding them or keeping them safe or secure. The Guest agrees to pay the any costs of storing and returning any lost items, and is responsible for arranging any insurance of such items in transit. Any items unclaimed within 30 days of the end of the Booking may be disposed of by Paradise Retreats or the Owner in any way they see fit.
20. LIABILITIES AND WARRANTIES
Paradise Retreats (for itself, its employees and agents) and the Owner or their representatives shall not be liable for any act, neglect or default on the part of Paradise Retreats, the Owner, or any other person. Paradise Retreats and the Owner will not be liable for any accident, damage, loss, injury, expense or inconvenience whether to person or property which the Guest or any other person may suffer or incur while on the Property or in relation to the Property or Booking. This includes both internal and external areas of the property, including swimming pools and swimming pool areas, hot tubs and hot tub areas, tennis courts, barbecues, pavilions, gardens and grounds. All Guests at the Property understand and accept at the time of booking and at all times thereafter that all facilities including but not limited to swimming pools and hot tubs and the surrounding areas are unsupervised and unattended by Paradise Retreats, the Owners or staff at all times and that access and use of all kinds is entirely at the Guest’s own risk. Any additional directions and instructions at the Property in relation to use of facilities and equipment are deemed to have been understood, agreed to and accepted by each and every member of a party and by parents/carers on behalf of children/vulnerable adults through the action of making the Booking. It is the responsibility of the Guest to ensure adequate measures have been taken in relation to safety and security of any member of the Group.
Paradise Retreats does not warrant and is not responsible for the accuracy of any verbal information given or statements made by its employees or agents.
Paradise Retreats is not responsible for the repair and condition of the Property or any utilities, services or equipment at the Property. No warranty is given as to their safety or security, nor shall Paradise Retreats have a liability for any defect in the Property or any failure of the Property to be fit for any purpose and all other conditions, warranties, stipulations and undertakings whether express or implied by statute or common law are excluded.
Paradise Retreats does not warrant the safety, structural integrity, or fabric of the Property or any equipment, or appliances therein and shall have no liability for any loss, personal injury or death resulting from the use of the Property, or any such appliances or equipment on the Property, by any person.
Paradise Retreats shall have no liability in contract, tort or otherwise for death, injury, or loss to the Guest, any member of his Group or Visitors except to the extent that such liability is imposed by law and cannot be excluded or restricted.
Paradise Retreats shall have no liability for any death or personal injury resulting from the Owner or any Suppliers’ negligence or that of any employee of the Owner or Supplier.
No liability is accepted by Paradise Retreats in respect of damage to, or loss of personal property.
In the event of any claim being brought successfully by a Guest or any other person against the Owner or Paradise Retreats the amount of compensation that may be claimed by the Guest or any other person is to be limited to the amount of monies paid by the Guest to Paradise Retreats. No compensation shall be payable for hurt feelings, or distress caused to any person whatsoever.
21. RIGHT OF ENTRY
Paradise Retreats, the Owner or their representative shall be allowed the right of entry to the Property at all reasonable times for the purposes of inspection or to carry out any necessary repairs or maintenance.
Paradise Retreats, the Owner or their representative reserve the right to terminate this agreement and request the immediate departure of all persons from the Property in the event of a serious breach of the terms and conditions set out in this agreement. What constitutes a serious breach is entirely at Paradise Retreats’ discretion.
23. LAW AND JURISDICTION
These Terms and Conditions are subject to English law. The formation, construction and performance of these Terms and Conditions are governed in all respects by English law and the English courts only shall have jurisdiction in relation to any claim or dispute arising out of, or connected with them. The client agrees to indemnify Paradise Retreats, its property Owners, their servants and agents in regard to any and all costs arising from defending actions brought against them by the client or any other person in relation to the Paradise Retreats booking, stay or property.
The Terms and Conditions constitute the entire agreement between the parties, and supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and Conditions and the remainder of the provision in question shall not be affected. Similarly, if a sub-clause in any provision of these Terms and Conditions is held invalid or unenforceable this shall not affect the validity or enforceability of any other sub-clause.
If any term of these Terms and Conditions shall be found to be void voidable or invalid then that terms shall be severable and shall not affect the enforceability or validity of any other term of the agreement and as such the agreement shall continue in full force and effect.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and no person who is not a party to these Terms and Conditions (other that a successor in title to one of the original parties) shall enforce or receive any benefit from any provision of these Terms and Conditions pursuant to the provisions of the said Act. Nothing in these Terms and Conditions shall confer any rights on any third party.