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Sample Terms & Conditions - Travel Company

Essay by   •  March 31, 2011  •  Research Paper  •  3,385 Words (14 Pages)  •  1,668 Views

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EXPOSURE ADVENTURE TRAVEL LIMITED

TERMS AND CONDITIONS OF WEBSITE USE AND SUPPLY

Your attention is drawn to the clauses in these Conditions which exclude or limit Exposure Adventure Travel Limited's liability.

1. DEFINITIONS

In these Conditions:

"You": means the person(s) for whom Exposure Adventure has agreed to provide the Services in accordance with these Conditions;

"Exposure Adventure": means Exposure Adventure Travel Limited a company registered in England (registration no. 5326722) whose registered office is situated at 36 Haslington Road, Ashway Park, Peel Hall, Manchester M22 5HS;

"Kitty Payment": means the kitty payment to be made by You in respect of accommodation, entry fees, food and other ancillary items to be provided or arranged by Exposure Adventure;

"Services": means the provision of adventure travel tours to You by Exposure Adventure;

"Ticket": means the ticket issued by Exposure Adventure confirming its acceptance of bookings placed by You;

"Tour": means an adventure travel tour provided or arranged by Exposure Adventure;

"Writing": includes facsimile transmissions and e-mails.

1.2 In these Conditions words importing gender include each other gender; references to persons include bodies corporate, firms and unincorporated associations; the singular includes the plural and vice versa; references to clauses are to clauses of these Conditions; and the headings in these Conditions are included for convenience only and shall not affect their interpretation.

2. BASIS OF AGREEMENT

2.1 Your use of this website (the "Website") is subject to these Conditions, which may be amended from time to time. Accordingly, by using the Website You are deemed to accept these Conditions without modification or variation by You. If You do not agree to these Conditions You are not authorised to use the Website.

2.2 Exposure Adventure's employees or agents are not authorised to make any representations concerning the Services unless confirmed by a duly authorised representative of Exposure Adventure in Writing. In using this Website You acknowledge that You do not rely on any such representations, which are not so confirmed.

2.3 You warrant and represent to Exposure Adventure that You do not suffer from any mental or physical infirmity, illness or ailment and are of an adequate level of physical fitness necessary to embark on a Tour.

3. USE OF THE WEBSITE

3.1 You agree and acknowledge that a contract for the supply of the Services will only exist once a booking has been received and accepted by Exposure Adventure and Exposure Adventure has sent to You confirmation in Writing or via e-mail to the address or e-mail address You have provided.

3.2 Exposure Adventure grants You the right to access the Website for Your personal and non-commercial use. You may for your own private use only, view, copy and print-out materials included on it (except for any source codes).

3.3 Subject and without prejudice to clause 3.2, You shall not modify, copy, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website, its contents and any related software.

3.4 You warrant and represent to us that You shall not use the Website for any unlawful or prohibited purpose or any purpose that is not authorised by these Conditions.

3.5 You agree and acknowledge that the inclusion of hyperlinks on the Website does not imply any endorsement by us of the material on such websites or any association with their operators and that if You use these hyperlinks You will be leaving the Website.

4. INTELLECTUAL PROPERTY RIGHTS

You agree and acknowledge that the copyright in and all other intellectual property rights in the Website, its contents and the underlying software and any related software belong to, or are licensed to us and that, except as provided by these Conditions, You will acquire no rights in the Website, its contents and/or the underlying software and/or any related software.

5. VIRUSES

Whilst we will take all reasonable steps to exclude viruses from the Website, we cannot guarantee such exclusion and no liability whatsoever is accepted for viruses. You are recommended to take all appropriate safeguards against viruses before accessing the Website, its contents and the underlying software and/or any related software.

6. OUR OBLIGATIONS AND DISCLAIMER

6.1 We may at any time and for any reason correct without liability any typographical, clerical or other error or omission in the information contained on the Website, and we reserve the right to make amendments and/or improvements of or to the Website at any time.

6.2 The material featured on the Website is provided on an illustrative basis only. The descriptions given on the Website are based on information made available to us. Descriptions given in relation to an adventure Tour are descriptions of what normally exists at a given destination or Tour venue. Further, the availability of any facilities or amenities and/or the supply of any Tour may be affected by for example, but without limitation local conditions, such as inclement weather or transportation difficulties. Accordingly we do not give any warranty (whether express or implied) or make any representation that:

6.2.1 a Tour will be suitable or meet any particular requirement of yours or use by you;

6.2.2 our online service will operate error free or without interruption or that any errors will be corrected; or

6.2.3 any material or information featured on the Website is complete, accurate or up to date.

6.3 We accept no liability whatsoever for any errors or omissions in postings or for hyperlinks contained on the Website. We shall

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