1. THE SERVICE
1.1 We provide a service allowing individuals to access and browse relevant travel information posted by us and certain third parties (“Tourism Businesses”).
1.2 We provide the Service to you on condition that you accept the User Terms.
1.3 You may use the Service to identify and contact Tourism Businesses and operators. Any contract made will be between you and the Tourism Business with whom you have placed an order and will be subject to that Tourism Business’ terms and conditions.
2. YOUR OBLIGATIONS
2.1 In return for us allowing you to use the Service, you agree: (a) to provide true, accurate, current and complete information about yourself; and (b) maintain and promptly update the information provided to us to keep it true, accurate, current and complete.
2.3 You are responsible for making all arrangements necessary for you to have access to the Site and/or the Service.
2.4 You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of the User Terms and comply with them.
3. USE OF THE SERVICE
3.1 You warrant to us that you will not use the Service for any purpose that is unlawful or prohibited by the User Terms. In particular, you agree not to use the Service to: –
3.1.1 manipulate or otherwise alter identifiers in order to disguise the origin of any communication transmitted through the Service;
3.1.2 disrupt or interfere with the operation of the Service, the Site or any servers or networks connected to the Site;
3.1.3 contravene any law whether UK or international;
3.1.4 reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Service, use of the Service or access to the Service; or
3.1.5 collect or store personal data about other users of the Service.
3.2 You understand that the technical processing and transmission of the Service, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3.3 We reserve the right at any time and from time to time in our sole discretion and with or without notice to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or your individual use of the Service. You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.
3.4 Our rights under this section are in addition and without prejudice to all of our other rights and remedies.
4. OWNERSHIP AND USE OF PROPRIETARY RIGHTS
4.1 All features of the Service (including, without limitation, the design of the web site, all logos, text and graphics on the Site) are subject to Crown copyright or intellectual property rights owned by us; except such features which are owned by third parties (including but not limited to Tourism Businesses).
4.2 You may reproduce features of the Service which do not belong to third parties in line with the copyright information set out at the beginning of this document.
4.3 We own and/or are licensed to use all software used in connection with the Service (the “Software”).
4.4 We hereby grant you a personal, non-transferable and non-exclusive right and licence (or sub-licence in the case of third party rights which have been licensed to us) to use the Software for the purpose of accessing the Service, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Software or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
5.1 You expressly understand and agree that your use of the Site and/or the Services is at your own risk. The Site and the Service (including the Software) and any third party information, products and services are provided “as is” and “as available” basis, without any representation or endorsements made and without warranty of any kind whether express or implied, including but not limited to any implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
5.2 In particular, we do not warrant that: (i) the Service will meet your requirements; (ii) your use of the Site and/or the Service will be uninterrupted, timely, secure or error free; (iii) the materials featuring on the Site and the results that may be obtained from your use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; (v) any defects or inaccuracies will be corrected; or (vi) the Site and/or the Software will be free of viruses or anything which may have destructive properties.
5.3 Any content downloaded or otherwise obtained through the use of the Service is done so at your own discretion and risk and you understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download by you of any such content.
5.4 In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from use or loss of use of, data, or profits, arising out of or in connection with the use of the Site and/or the Service.
6. LIMITATION OF LIABILITY
6.1 Your correspondence or dealings (business or otherwise) with, or participation in promotions of, Tourism Businesses or advertisers found on or through the Service, including payment and delivery of related goods or services (including without limitation accommodation), and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Tourism Businesses or advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such Tourism Businesses or advertisers on the Service.
6.2 To the fullest extent permitted by law, we hereby exclude all conditions, warranties, representations or other terms which may apply to the Site or the Service, whether express implied.
6.3 We will not be liable to any user of the Site or the Service for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with (a) use of, or inability to use, the Site or the Service; or use of or reliance on any content displayed on the Site or forming part of the Service.
6.4 In no event shall we be liable for any damages whatsoever arising from your use of the Service including damages for loss of data, loss of profits or loss connected with the use or performance of the Service or for the delay or inability to use the Service or for information products or services obtained through the Service.
6.5 In addition, we will not be liable for any of the following which may arise from use of the Site and/or the Service: (a) loss of profits, sales, business or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill, or reputation; or (e) any indirect or consequential loss or damage.
6.6 We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site, the Service or the Software or to your downloading of any content or materials. You should use your own virus protection software.
6.7 You agree that we shall have no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the Service.
6.8 For the avoidance of doubt, nothing in the User Terms shall limit our liability for any fraudulent statement or for personal injury or death caused by our negligence.
6.9 Some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages and the laws of those jurisdictions override any contractual obligations which purport to achieve this. Accordingly, some of the above limitations may not apply to you.
7.1 You hereby agree fully to indemnify, keep indemnified and hold us or any of our officers, employees, agents, sub-contractors and affiliated companies harmless from and against any and all costs, claims, losses, damages or liability and expenses (including, but not limited to, legal fees) made by any third party in any jurisdiction due to or arising out of your use of the Service, your connection to the Service, your breach of the User Terms or any other breach by you of any third party rights.
8. THIRD PARTY LINKS
8.1 The Service may contain links to websites operated by parties other than us. These links are provided for your convenience only. We have no control over and assume no responsibility for the content of websites linked to the Site. By offering you these links, we do not either impliedly or expressly endorse anything contained on such websites nor do we have any association with the operators of such websites. We will not be liable for any loss or damage that may arise from your use of linked websites. We also expressly exclude liability for any inaccurate, offensive, defamatory or obscene material which may appear on those websites.
9. CHANGES TO THE SITE AND THE SERVICE
We may update the Site from time to time and may alter the content (including the Service) at any time. We may also revise the User Terms at any time. We may provide notices of changes to the User Terms or other matters by displaying notices or links to notices to you generally on the Site. Please check the Site and the User Terms regularly and take note of any changes made, as they are binding on you. By continuing to use the Site you agree to accept any changes made.
10.1 Notices to you may be made via either email or standard mail.
10.2 No waiver by us of any breach of the User Terms by you shall be considered as a waiver of any subsequent breach of the same or of any other provision.
10.3 If any provision of these User Terms or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.
10.4 Your rights and obligations under the User Terms are personal to you and you undertake that you shall not nor purport to assign, lease, charge, sub-license or otherwise transfer such rights and obligations in whole or in part.
10.5 Nothing in the User Terms shall create any right or benefit for any third party under the Contracts (Rights of Third Parties) Act 1999.
10.6 We shall not be liable for any loss suffered by you or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond our reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority or if our servers are not working.
10.7 Section headings have been included for convenience only and shall not be considered part of, or be used in interpreting, the User Terms.