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1stEuropeanHolidays.com - Terms and Conditions
In using this website you
are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer
Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this
website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers
to the owner of 1stEuropeanHolidays.com. “Party”, “Parties”, or “Us”, refers to both the Client and
ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of
payment necessary to undertake the process of our assistance to the Client in the most appropriate
manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of
meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance
with and subject to, prevailing UK Law. Any use of the above terminology or other words in the singular,
plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to
same.
Privacy
Statement. Déclaration de confidentialité
Disclaimer
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this
Company:
-
excludes all representations and warranties relating to this website and its contents or
which is or may be provided by any affiliates or any other third party, including in relation to any
inaccuracies or omissions in this website and/or the Company’s literature;
and
-
excludes all liability for damages arising out of or in connection with your use of this
website. This includes, without limitation, direct loss, loss of business or profits (whether or not
the loss of such profits was foreseeable, arose in the normal course of things or you have advised
this Company of the possibility of such potential loss), damage caused to your computer, computer
software, systems and programs and the data thereon or any other direct or indirect, consequential
and incidental damages.
The above exclusions and limitations apply only to the extent permitted by law. None of your
statutory rights as a consumer are affected.
Payment Terms (Property owners)
For chargeable services (i.e. other than free or “free for a specified period” services) our Terms
are payment in full before activation of any such services. Preferred and recommended payment method is via
PayPal.com (we thus can accept all major Credit/Debit Cards viaPayPal.com). Other payment methods may be agreed to including Cash, Direct Transfer and Cheque, but
it should be noted that any chargeable Services will be immediately withdrawn from the property owner should
the chosen payment method fail for whatever reason.
Holiday Cancellation
Insurance
This website is an advertising vehicle for holiday property owners and any contract for the booking
of any holiday property is between the property owner and the client. The website owner makes no provision
for holiday cancellation, travel or medical insurance. The user should therefore satisfy himself, before
departure, that adequate arrangements exist for holiday cancellation, travel and/or medical insurance. Any
such arrangements entered in to with or through a property owner are between that owner and the client, and
in no way are connected with this website or it's owner.
Termination of Agreements and Refunds
Policy (Property Owners)
The website provides advertising Services to the property owner (Client), which may be the subject
of payment for specified periods and levels of service. Both the Client and ourselves have the right to
terminate any Services for any reason, including the ending of services that are already under way. No
refunds shall be offered, where a Service is cancelled by the client which is deemed to have begun and is,
for all intents and purposes, under way. Any monies that have been paid to us which constitute payment in
respect of the provision of unused Services, will only be refunded should the Services be withdrawn by
ourselves or become unavailable for reasons not relating to actions of the Client.
Availability
The Company does not warrant that the service from this site will be uninterrupted, timely or error
free, although it is provided to the best ability. By using this service you thereby indemnify this Company,
its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused. You
are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and
text available through this site.
Log Files We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad
demographic information for aggregate use. IP addresses are not linked to personally identifiable
information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes,
our web servers automatically log standard access information including browser type, access times/open mail,
URL requested, and referral URL. This information is not shared with third parties and is used only within
this Company on a need-to-know basis. Any individually identifiable information related to this data will
never be used in any way different to that stated above without your explicit
permission.
Cookies Like most interactive web sites this website [or ISP] uses cookies to enable us to retrieve user
details for each visit. Cookies are used in some areas of our site to enable the functionality of this area
and ease of use for those people visiting. Some of our affiliate partners may also use
cookies.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to
a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to
your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions
expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be
regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy
practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read
the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site
connected to this site or accessed through this site yourself, before disclosing any personal information to them.
This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused,
resulting from your disclosure to third parties of personal information.
Copyright Notice Copyright and other relevant intellectual property rights exists on all text relating to the website
services and the full content of this website. Redistribution or republication of any part of this site or
its content is prohibited, including such by framing or other similar or any other means, without the express
written consent of the website owner.
Communication We have several different e-mail addresses for different queries. These, and other contact
information, can be found on our Contact Uslink on our website or via Company literature or via the Company’s stated telephone, facsimile or
mobile telephone numbers.
Force
Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any
Agreement which is due to an event beyond the control of such party including but not limited to any Act of
God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military
authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control,
which causes the termination of an agreement or contract entered into, nor which could have been reasonably
foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use
all reasonable endeavours to comply with the terms and conditions of any Agreement contained
herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement
or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder
shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any
Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is
expressly stated to be such and signed by both Parties.
Governing law and
jurisdiction
1steuropeanholidays.com is owned and operated by Scenic Britain Limited. The activities of the
site are governed by UK law and the UK courts shall have exclusive jurisdiction in the event of a
dispute. Internet users from outside UK shall comply with applicable local laws and
regulations.
General
If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited
to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed
from these terms and the remaining terms will continue to apply. Failure of the site owner to enforce any of
the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to
terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these
Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and
every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in
writing and signed by duly authorised representatives of the owner
Notification of
Changes
The site owner reserves the right to change these conditions from time to time as it sees fit and
your continued use of the site will signify your acceptance of any adjustment to these terms. If there are
any changes to our privacy policy, we will announce that these changes have been made on our home page and on
other key pages on our site. If there are any changes in how we use our site customers’ Personally
Identifiable Information, notification by e-mail or postal mail will be made to those affected by this
change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes
taking place. You are therefore advised to re-read this statement on a regular basis
These terms and conditions form part of the Agreement between the Client and ourselves. Your
accessing of this website and/or undertaking of a booking or Agreement indicates your understanding,
agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.
Your statutory Consumer Rights are unaffected.
Change to terms and conditions. November 14th 2008:
Ownership of website
transferred to Scenic Britain Ltd, and therefore the activities of the site are now governed by UK
law.
See section "Governing law and jurisdiction" above.
© 1stEuropeanHolidays.com 2008 All Rights Reserved
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