1.
User agreement between the user (“User”, “you”) and Tour Deal (“Tour Deal”, “we”,
“us”). Tour Deal and TourDeal.net are trading names of Tour Deals S.A.. Please read
these terms and conditions of use (“Terms and Conditions”) before using the Tour
Deal website (“Site”). You consent to these Terms and Conditions when you use this
Site, without qualification. If you disagree with any part of the Terms and Conditions,
you may not use this Site in any way.
2.
No warranties and/or representations of any kind, express or implied, are given
as to the compliance of the information shown on this Site, the services offered
by or on behalf of us, any information relating to such services and our business
in any respect with any laws of any other country which do not, in any event, affect
or apply to the same.
3.
Site User Obligations
You
agree to be bound by the following obligations, including without limitation:
a.
You accept financial responsibility for all transactions made under your name or
account
b.
You must be 18 years of age or over and have legal capacity.
c.
You warrant that all information you provide about yourself or anyone else shall
be true and accurate.
d.
The Site must not be used for speculative, false or fraudulent bookings.
e.
The transmission of threatening, defamatory, pornographic, political, or racist
material or any material that is otherwise unlawful is expressly prohibited.
f.
The Site and any content may not be modified, copied, transmitted, distributed,
sold, displayed, licensed or reproduced in any way by you, except that one copy
of the information contained within the Site may be made for personal, non-commercial
use.
4.
The applicable booking and purchase conditions are those which appear on the relevant
product pages and you must read these before confirming your booking or purchase.
Residents of all countries must identify themselves as such at the time of booking
or purchase and ascertain whether the booking or purchase will be accepted from
their country of residence and the conditions applicable to their booking or purchase.
All bookings and purchases are also subject to the general information appearing
in our current product descriptions.
We recommend you print a copy of our applicable booking conditions and this additional
information together with all other relevant details relating to your chosen holiday
or travel arrangements prior to making a booking with us.
5.
Booking and purchase conditions contain limitations and exclusions of liability
to any person(s) who books and/or takes any of the holidays and/or travel arrangements
advertised on this Site. Cancellation and amendment charges are payable if a booking
or other purchase is cancelled or amended after it has been confirmed.
6.
Access to this Site is conditional on your agreement that all information contained
in it and all matters which arise between you and us will be governed by English
law. Access is further conditional on your agreement that any dispute or matter
which arises between you and us will be dealt with exclusively by a Court of Law.
Tour Deal reserves the right to deny access to the Site at any time without notice.
7.
No warranties, promises and/or representations of any kind, express or implied,
are given as to the accuracy of any of the information contained on this Site or
as to the nature, standard, suitability or otherwise of any services offered by
us or on our behalf. We shall not be liable for any loss or damage of whatever nature
(direct, indirect, consequential or other) which may arise as a result, directly
or indirectly, from the use of any of the information or material contained in this
Site and/or use of or access to any other information or material via web links
from this site or any inability to access or use this Site. These exclusions of
liability apply only to the extent permitted by law and, except for information
or material accessed via Sites or supplied by an identified Third Party, where consistent
with our applicable booking conditions. If any of these exclusions, in whole or
part, is found to be unlawful, void or for any other reason unenforceable, that
exclusion or part of the exclusion shall be deemed severable and shall not affect
the validity or enforceability of the other exclusion(s) or part(s) of the exclusion(s)
in question.
8.
Tour Deal may change any aspect of the Site or its content, including the availability
of any suppliers, features, information, database or content.
9.
Without prejudice to the foregoing provisions, we are entitled to the benefit of
any applicable exclusions and/or limitations of liability permitted by the laws
of any country found to be applicable to the information shown on this Site and/or
any services offered by us or on our behalf.
10.
The information and/or prices shown on this Site are updated from time to time and
therefore may have changed by the time you come to book your holiday or travel arrangements.
Whilst every effort is made to ensure the accuracy of all such information and prices,
regrettably errors do occasionally occur. You must therefore ensure you check all
details of your chosen holiday or travel arrangements (including the price) at the
time of booking.
11.
Whilst every effort is made to ensure the accuracy of all information and prices
displayed on this Site, regrettably errors do occasionally occur. In the event that
an incorrect price has been entered in error, any booking made based on such incorrect
price will not be valid. You will be advised of the mistake at the earliest opportunity
and you will then have the option either to pay the correct price for the travel
arrangements or to cancel and receive a full refund of any monies you may already
have paid.
12.
The prices and discounts shown on this site are applicable to Tour Deal and may
vary subject to availability.
13.
The carriage of passengers and their baggage is subject to provisions of the
14.
The copyright in the material contained on this site belongs to its Licensors or
us. The material may only be used for your own personal use for non-commercial purposes.
15.
Please note that airlines have their own rules and regulations with regard to e-ticketing.
We cannot be held responsible for non-compliance with these regulations and strongly
recommends that you check these details with your airline in advance of travel.
16.
The Site is provided on an 'as is' and 'as available' basis. We do not accept any
liability in respect of your ability to access or use the site at any time or for
any interruption in that access or use or for any failure to complete any transaction.
We do not warrant that the Site is free from computer viruses or other properties
that may cause loss or damage.
17. We reserve the copyright and all proprietary rights in the Site and all content. The material contained within the Site is the property of Tour Deal or its affiliates unless identified as belonging to third parties. The name Tour Deal and any other marks, logos and graphics of Tour Deal displayed on the Site are registered trademarks of Tour Deal or its affiliates. Other company and product or service names displayed on the Site may be the trademarks of their respective owners. You are not granted any right or license to use any trademarks.
Rules, Regulations and Disclaimers
For Tour Deal Internet World Wide Web Sites
Tour Deal Company, its subsidiaries and affiliates ("TourDeal.net")
requires that all the visitors to our site(s) on the World Wide Web (the "Site")
adhere to the following rules and regulations. By accessing the Site you indicate
your acknowledgment and acceptance of these terms and conditions.
1.
LAWS AND REGULATIONS
User access to and use of the Site is subject to all applicable international, federal,
state and local laws and regulations.
2.
COPYRIGHT/TRADEMARKS
The trademarks, logos and service marks ("Marks") displayed on the Site are the
property of TourDeal.net and other parties. Users are prohibited from using any
Marks for any purpose including, but not limited to use as metatags on other pages
or sites on the World Wide Web without the written permission of TourDeal.net or
such third party which may own the Marks. All information and content including
any software programs available on or through the Site ("Content") is protected
by copyright. Users are prohibited from modifying, copying, distributing, transmitting,
displaying, publishing, selling, licensing, creating derivative works or using any
Content available on or through the Site for commercial or public purposes.
3.
HYPERLINKING
THIS SITE MAY PROVIDE A LINK TO OTHER SITES BY ALLOWING THE USER TO LEAVE THIS SITE
TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THIS
SITE VIA "INVERSE" HYPERLINKS AND FRAMING TECHNOLOGY (A "LINKED SITE"). TOURDEAL.NET
HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE
FACT THAT TOURDEAL.NET HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION,
SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS.
THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND
ON THE INTERNET, AND TOURDEAL.NET URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS
BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.
4.
NO WARRANTIES
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED
FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU
"AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
TOURDEAL.NET DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY
OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN
TOURDEAL.NET, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR
RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE
WILL TOURDEAL.NET BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON
INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY
PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE
USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE
OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE
SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY
SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
5.
LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED
SITES
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE
SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TOURDEAL.NET
SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. TOURDEAL.NET
DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE.
TOURDEAL.NET IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. TOURDEAL.NET
MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. TOURDEAL.NET MAY
MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.
YOU AGREE THAT TOURDEAL.NET, ITS AFFILIATES AND ANY OF
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER
IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF
OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR
INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF TOURDEAL.NET IS MADE AWARE OF
THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT
LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT,
FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE
OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER),
UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR
ANY FORCE MAJEURE. TOURDEAL.NET CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED
OR SECURE ACCESS TO THE WEB SITE.
6.
LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH
THE SITE
YOU AGREE THAT TOURDEAL.NET IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE
THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO TRAVEL SERVICES. ANY AND ALL CLAIMS
REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE
SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. TOURDEAL.NET HEREBY
DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED
BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION
LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY
WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER
OR SUPPLIER AND YOU HEREBY EXONERATE TOURDEAL.NET FROM ANY LIABILITY WITH RESPECT
TO THE SAME.
7.
CONFIDENTIALITY OF USER COMMUNICATIONS
Except as required by law and in accordance with the TourDeal.net
Internet Privacy Statement, [view TourDeal.net Internet Privacy Statement
]. TourDeal.net will maintain the confidentiality of all
user communications which contain personal user information and which are transmitted
directly to TourDeal.net. Postings by a user on any message board or in any chat
room will not be protected as confidential and TourDeal.net may use and provide
information contained in any such postings (including any ideas, concepts, know-how
or other intellectual property) to any of its parent company, subsidiaries and affiliates
for any purpose whatsoever and as deemed appropriate by TourDeal.net.
User should be aware that Linked Sites may contain confidentiality provisions that
differ from the provisions provided herein. TourDeal.net is not responsible for
such provisions, and expressly disclaims any and all liability related to such provisions.
8.
LINKED INTERNET SITES
TourDeal.net prohibits caching, unauthorized hypertext
links to the Site and the framing of any Content available through the Site. TourDeal.net
reserves the right to disable any unauthorized links or frames and specifically
disclaims any responsibility for the Content available on any other Internet sites
linked to the Site. Access to any other Internet sites linked to the Site is at
the user's own risk.
User should be aware that Linked Sites may contain rules and regulations, privacy
provisions, confidentiality provisions, transmission of personal data provisions,
and other provisions that differ from the provisions provided on the Site. TourDeal.net
is not responsible for such provisions, and expressly disclaims any and all liability
related to such provisions.
9.
NO INVESTMENT ADVICE OR OFFERS
Nothing in the Site constitutes investment advice, including TourDeal.net' filings
with the Securities and Exchange Commission. TourDeal.net provides investor relations
materials for convenience and information only. In addition, investor relations
materials and other Web Site content are not offers to sell or solicitation of an
offer to buy any security.
10.
FORWARD LOOKING INFORMATION
Certain information on this Site contains certain forward-looking statements, which
are subject to risks and uncertainties and speak only as of the date on which they
are made. The words "believe", "expect", "anticipate", "optimistic", "intend", "aim",
"will" or similar expressions are intended to identify forward-looking statements.
Readers are cautioned not to place undue reliance on these forward-looking statements,
which speak only as of the date on which they are made. TourDeal.net undertakes
no obligation to update publicly or revise any forward-looking statements.
11.
PRESS RELEASES
All press releases and other materials presented or released to the financial community
that are contained on the Site were, to the best of TourDeal.net' knowledge, timely
and accurate when issued. However, the passage of time can render information stale,
and you should not rely on the continued accuracy of any such material beyond the
date of issuance. TourDeal.net has no responsibility to update any information contained
in any such material. All viewers should carefully check the dates of issuance of
the material contained in the Site.
12.
POSTINGS
[For use in connection with message boards or chat rooms on the Site.]
TourDeal.net is under no obligation to review any messages, information or content
("Postings") posted on the Site by users and assumes no responsibility or liability
relating to any such Postings. Notwithstanding the above, TourDeal.net may from
time to time monitor the Postings on the Site and may decline to accept and/or remove
any Postings that contain:
o
Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
profane, hateful, racially, ethnically or otherwise objectionable material of any
kind, including, but not limited to, any material which encourages conduct that
would constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national or international law.
o
Advertisements or solicitations of any kind. [Note - This is not applicable for those
Sites with message boards containing classified advertisements.]
o
Messages posted by users impersonating others.
o
Personal information such as messages which state phone numbers, social security
numbers, account numbers, addresses, or employer references.
o
Messages by non-spokesperson employees of TourDeal.net purporting to speak on behalf
of TourDeal.net or containing confidential information or expressing opinions concerning
TourDeal.net.
o
Messages that offer unauthorized downloads of any copyrighted or private information.
o
Multiple messages placed within individual folders by the same user restating the
same point.
o
Chain letters of any kind.
13.
TRANSMISSION OF PERSONAL DATA
[For use in connection with Sites through which proprietary Card member/Customer
account data may be transmitted.] User acknowledges and agrees
that by providing TourDeal.net with any personal or proprietary user information
through the Site, user consents to the transmission of such personal or proprietary
user information over international borders as necessary for processing in accordance
with TourDeal.net' standard business practices.
User should be aware that Linked Sites may contain transmission of personal data
provisions that differ from the provisions provided herein. TourDeal.net is not
responsible for such provisions, and expressly disclaims any and all liability related
to such provisions.
14.
CHANGES TO RULES AND REGULATIONS
TourDeal.net reserves the right to revise these Rules and Regulations at any time
and users are deemed to be apprised of and bound by any changes to these Rules and
Regulations.
15.
VIOLATIONS OF RULES AND REGULATIONS
TourDeal.net reserves the right to seek all remedies available at law and in equity
for violations of these Rules and Regulations, including the right to block access
from a particular Internet address to the Site.
16.
ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of the Site is restricted
to authorized users only. Unauthorized individuals attempting to access these areas
of the Site may be subject to prosecution.
17.
USE OF "COOKIE" FILE FEATURES
TourDeal.net reserves the right to store information on a user's computer in the
form of a "cookie" or similar file for purposes of modifying the Site to reflect
users' preferences. The TourDeal.net Internet Privacy Statement provides additional
information regarding TourDeal.net' use of cookies as well as procedures for disabling
cookies.