Membership Terms and Conditions
Trafalgar.com is a website provided by Trafalgar Tours International Limited to enhance the experiences of its clients. If You become a Member of Trafalgar.com, You will be able to [post a profile, talk, inmail, make friends, join Private Tour Groups, create and post Your Wish List, post travel reviews, post on message boards and post photos in your own album, share information and photos with friends and access an international community of useful information about places You may wish to visit.
Trafalgar.com is owned by Trafalgar Tours International Limited ("Trafalgar") whose address is Picquet House, St. Peter Port, Guernsey, Channel Islands GY11 1AF.
If You wish to become a Member, You will need to scroll through these terms, insert your Personal Details to the registration form and click the “Register” button.
To remain a Member, You must comply at all times with Trafalgar’s Terms and Conditions. Trafalgar retains absolute discretion as to whom it accepts as Members and reserves the right to terminate membership with immediate effect and without compensation.
In this Agreement, the following terms shall mean:-
In this Agreement, the following terms shall mean:-
1.1 “Associated Company” means any company which at the relevant time is:
(a) a holding company of Trafalgar; or
(b) a subsidiary or subsidiary undertaking of Trafalgar; or
(c) a subsidiary or subsidiary undertaking (other than Trafalgar itself) of any such holding company,
the expressions “holding company”, “subsidiary” and “subsidiary undertaking” having the same meanings given to them by the Companies Act 1985.
1.2 “Blog” means any blog that Trafalgar may set up from time to time on Trafalgar.com or under a separate domain name and on a separate website to include latest news about travel, its products, its activities and those of its Community members.
1.3 “Inappropriate Behaviour” means any of the following types of behaviour:-
1.3.1 defamation, abuse, harassment, stalking, threatening or otherwise violating the legal rights (including rights of privacy and publicity) of others (whether or not those others are Members);
1.3.2 publishing, posting, uploading, distributing, disseminating or circulating any Inappropriate Material or views including but not limited to defamatory, infringing, obscene, or unlawful material or information, racist, sexist or homophobic material or material that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of a third party’s computer or which may reasonably be expected to do so;
1.3.3 posting any material that infringes any patent, trademark, copyright, database rights, domain name, trade secret, personal data or other proprietary right of any person or entity;
1.3.4 advertising or offering to sell any goods or services for any commercial purpose without specific written permission from Trafalgar;
1.3.5 posting, conducting or forwarding any surveys, contests, pyramid schemes or chain letters;
1.3.6 downloading any information file posted by another Member that You know, or reasonably should know, cannot be legally distributed in such manner;
1.3.7 breaching any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
1.3.8 doing something in contempt of court;
1.3.9 doing something which is likely to harass, upset, embarrass, alarm or annoy any other person;
1.3.10 advocating, promoting, inciting any third party to commit, or assist any unlawful or criminal act;
1.3.11 impersonating another person or entity, or falsifying or deleting any author attributions, legal or other proper notices or proprietary designations;
1.3.12 doing anything which involves content or material which if written or graphically represented would constitute Inappropriate Material; or
1.3.13 restricting or inhibiting any Member from using and enjoying trafalgar.com.
1.4 “Inappropriate Material” means material that either:
1.4.1 would constitute or involve Inappropriate Behaviour if posted on or used in connection with trafalgar.com; or
1.4.2 contains a statement which You know or believe, or have reasonable grounds for believing, that Members are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
1.4.3 contains any advertising or promotes any services or web links to other websites; or
1.4.4 is in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory); or
1.4.5 harms the reputation of Trafalgar in any way.
1.5 “Information Resources” means information about international travel and other matters provided by Trafalgar on trafalgar.com.
1.6 “Links” means the links You will find on trafalgar.com to other websites and useful resources.
1.7 “Member” means a member of trafalgar.com.
1.8 “Message Board” means any forum, chatroom or message board or Wall on trafalgar.com.
1.9 “Newsletter” means Trafalgar’s travel newsletter sent to people who subscribe to it via trafalgar.com.
1.10 “Personal Details” means your name, address and other personal or contact information provided to trafalgar.com or posted on trafalgar.com.
1.11 “Preferred Name” means the name by which you choose to be known in relation to your use of the Website.
1.12 “Private Tour Group” means the group of people with whom You will be travelling when You go on one of Trafalgar’s tours.
1.13 “Profile” means Your profile on trafalgar.com which will appear on Your personal Profile page.
1.14 “Service” means the service of providing a travel-orientated social networking forum and Information Resources via trafalgar.com.
1.15 “Terms and Conditions” means these terms and conditions which, subject to Clause 9.2, form the basis of the Agreement for use of trafalgar.com between You and Trafalgar.
1.16 “Tour Content” means content on trafalgar.com and on the Blog and in the Newsletter that describes, reviews or features certain travel destinations or tours run by Trafalgar.
1.17 “Travel Review” means any review of any aspect of any tour or other travel which You have made which You post on trafalgar.com.
1.18 “User Settings” means the settings which You select which determine the amount of information in Your Profile that other Members can access.
1.19 “Wall” means that section on Your Profile page on which You provide information about Your current activities and/or on which other Members can post messages for You to see displaying the time and date the message was written.
1.20 “Website” means www.trafalgar.com.
1.21 “Wish List” means Your personal list of travel destinations that You would like to visit.
1.22 “Your Content” means information posted by You on trafalgar.com including Your Profile and any images, photographs, tour reviews and other written content that You post on trafalgar.com.
2. THE AGREEMENT
2.1 In consideration of You abiding by the terms of this Agreement and subject to the effects of the failure or interruption of services provided by third parties, Trafalgar agrees to provide the Service.
2.2 Trafalgar may limit Your participation in trafalgar.com or bar You temporarily or permanently if Trafalgar believes that You have engaged in any Inappropriate Behaviour.
2.4 Security measures Trafalgar has implemented security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss.
2.5 Access to Your Personal Data You may ask Trafalgar whether it is storing personal information about You by emailing Trafalgar at firstname.lastname@example.org and, if You wish [and upon payment of a fee of £10], Trafalgar will provide You with a copy of the personal data held about You by email. Trafalgar may ask for proof of Your identity before providing any information and reserves the right to refuse to provide information requested if identity is not established.
2.6 Password You will be issued with a password which will enable You to access and use all areas of trafalgar.com. The password will be exclusive to You and You undertake not to disclose it to anyone else and accept that You will be responsible for all use of such password.
2.7 Age trafalgar.com is intended for use by those over the age of 18 years. No one under that age should carry out any activity whatsoever based on the information on trafalgar.com. If You are under the age of 18 years please leave trafalgar.com immediately.
3. YOUR PERSONAL DETAILS AND USER SETTINGS
3.1 You undertake to notify Trafalgar of any changes to Your Personal Details from time to time.
3.2 You undertake to check the accuracy of Your Personal Details included on trafalgar.com and promptly notify Trafalgar in the event of any inaccuracies therein.
3.4 In the unlikely event that a liquidator, administrator or receiver is appointed over Trafalgar or all or any part of Trafalgar's assets that insolvency practitioner may transfer Your Personal Details to a third party purchaser of the business provided that purchaser undertakes to use those details only for the same purposes as agreed by You under this Agreement.
3.5 Your Personal Details and information as to Your use of trafalgar.com will be disclosed to government or local authorities or other government institutions as required by law or other binding regulations.
3.6 Trafalgar shall be at liberty to provide and/or transfer Your Personal Details to Associated Companies at any time or to other companies in the event that ownership of Trafalgar changes or Trafalgar transfers part or all of its assets to another company.
3.7 Trafalgar may provide Your Personal Details and information as to Your use of trafalgar.com (including without limitation Your hobbies and interests) to advertisers on trafalgar.com and other third parties who may wish to send You information about goods and services which they consider may be of interest to You.
3.8 Trafalgar may have Your Personal Details processed outside of the European Economic Area but in such cases will endeavour to ensure that such processor processes Your Personal Details in accordance with the Data Protection Act 1998.
3.9 Trafalgar agrees that upon written notice from You of any inaccuracies in Your Personal Details it will use reasonable efforts to rectify the inaccuracies PROVIDED ALWAYS that the correct information is provided to Trafalgar by You.
3.10 It is Your decision which User Settings You choose. You can keep Your date of birth and gender private or share them with other Members.
3.11 You may change Your User Settings at any time by going to My Profile and clicking on ‘Edit Section’ to edit the relevant part of your profile.
3.12 The warranty set out in Clause 3.3 is exclusive of and in lieu of all other conditions and warranties, either express or implied, statutory or otherwise.
4. YOUR CONTENT, YOUR BEHAVIOUR AND THE SERVICE
4.1 You recognise and accept that You bear sole responsibility for the accuracy of Your Content and ensuring that it does not contain any Inappropriate Material.
4.2 Trafalgar shall retain the right at all times to refuse to provide the Service or any part thereof to You (including without limitation, the rights to remove any or all of Your Content from trafalgar.com and to prohibit You from using trafalgar.com in the future) where it reasonably believes that any part of Your Content is incorrect or deliberately misleading and in the opinion of Trafalgar under the laws of any jurisdiction from which it is possible to access trafalgar.com may contain Inappropriate Material.
4.3 In the event that Trafalgar believes that any part of Your Content contains or conveys Inappropriate Material, Trafalgar shall retain the right at all times in its absolute discretion to remove such content without reference to You.
4.4 You accept that You are the sole author, editor or publisher of all of Your Content on trafalgar.com.
4.5 If Your Content is no longer applicable or accurate, You are responsible for its removal or revision.
4.6 In the event that Trafalgar believes that You are persistently abusing any Message Board it may in its absolute discretion prohibit You from using trafalgar.com in future.
4.7 Trafalgar's rights under Clauses 4.2 and 4.3 above shall be without prejudice to Your sole responsibility for Your Content and to the warranty given by You relating to that content in Clause 4.8. Posting or inclusion of Your Content by Trafalgar on trafalgar.com shall not under any circumstances constitute a waiver of any of Trafalgar’s rights under this Agreement.
4.8 You warrant, represent and undertake in relation to all Your activities in relation to trafalgar.com including without limitation Your Content that You will not engage in Inappropriate Behaviour.
4.9 Trafalgar does not warrant that the provision of the Service will be uninterrupted or error-free.
4.10 Information Resources are provided in order to provide useful information to Members but Trafalgar does not warrant the accuracy or currency of such information at the time it is posted or when You access it. You should therefore rely on Your own independent verification of such information.
5. YOUR OBLIGATIONS AND RESPONSIBILITIES
5.1 You warrant, represent and undertake that no use of trafalgar.com by You shall involve Inappropriate Behaviour and that You are fully authorised to upload Your Content to trafalgar.com.
5.2 You agree to notify Trafalgar if You no longer wish to be a Member.
5.3 You undertake not to embark on any course of action, whether by use of trafalgar.com or any other means, which may cause a disproportionate level of website activity without obtaining Trafalgar's prior written approval.
5.4 You hereby acknowledge that You are fully responsible for all consequences of Your Content being posted on trafalgar.com.
5.5 You hereby acknowledge that Trafalgar is not responsible in any way for the content of or consequences of any exchanges or meetings You may have or arrange with any other Member whether as part of a Private Tour Group or otherwise.
5.6 Without prejudice to Clause 5.5, You agree to take all reasonable precautions in relation to exchanging personal details with and in respect of meetings You may arrange with other Members.
6. TRAFALGAR’S RIGHTS TO USE YOUR CONTENT
6.1 Trafalgar will be entitled to use all or any of Your Content, including without limitation, tour reviews and photographs as part of its Tour Content.
6.2 Trafalgar will be entitled to tag photographs which You post on trafalgar.com showing Your Preferred Name, the location of the photo and Your location (this means Your town or city but not your address).
6.3 Trafalgar will be entitled to take extracts from Your Content and post them on Facebook, Twitter and other social media.
7. PRIVATE TOUR GROUPS AND SOCIAL MEDIA
7.1 Trafalgar will enable You to join a Private Tour Group up to 45 days prior to the departure date for Your tour.
7.2 If You join a Private Tour Group, You will, subject to other Members being willing, be able to find out who else is in Your Private Tour Group, exchange details with them, message them, arrange meetings with them, share photos and arrange events with them.
7.3 You will be able to connect Your Facebook and Twitter accounts to Your trafalgar.com user account and will be able to share Your Content with Your Facebook and Twitter accounts.
7.4 If You so choose, Your tweets will appear as a feed on Your Wall. If You subsequently wish to stop Your tweets appearing on Your Wall, this will need to be done via Your Twitter account.
8. LIMITATION OF LIABILITY AND INDEMNITY
8.1 Trafalgar does not accept any liability or responsibility in respect of any use You may make of Information Resources or in respect of the information You may access from any websites to which there are Links.
8.2 Trafalgar is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by You and arising in any way in connection with Your use of trafalgar.com or this Agreement or for Your liability to any third party.
8.3 Trafalgar is not liable for any viruses uploaded to trafalgar.com by You or any third parties.
8.4 Trafalgar shall not be liable for ensuring that Your Content is legal and lawful and is not Inappropriate Material.
8.5 Trafalgar is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
8.6 Trafalgar is not responsible for the direct or indirect consequences of You linking to any other website from trafalgar.com including any viruses which may infect Your computer. Trafalgar does not endorse any content on such websites and any use You may make of any information You find on such websites is at Your own risk.
8.7 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Trafalgar or its appointed agents.
8.8 Without prejudice to Clause 5, You agree to indemnify and hold harmless Trafalgar against all damages, liabilities, costs and expenses which Trafalgar may incur or sustain including without limitation the costs of defending any suit arising from Your behaviour or activities or interactions with other Members of Trafalgar. Without prejudice to the generality of the foregoing, the indemnity will cover any defamatory comment You post on trafalgar.com as part of any Travel Review or otherwise.
9. TERM AND TERMINATION
9.1 Trafalgar may terminate this Agreement immediately by giving You written notice of termination to the address provided at the time of Your registration or any other address subsequently notified by You to Trafalgar.
9.2 You may terminate this Agreement by giving 7 days' written notice of termination to Trafalgar to the address set out in this Agreement.
10.1 Subject to Clause 10.2, these Terms and Conditions constitute the entire agreement between You and Trafalgar hereto relating to Your membership of trafalgar.com and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 10.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
10.2 If Trafalgar wishes to make any change, alteration or modification to this Agreement, it will post a new version of its Terms and Conditions on trafalgar.com. You will be bound by such changes and responsible for checking trafalgar.com prior to each use to see if the Terms and Conditions have changed.
10.3 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
10.4 Any notice given pursuant hereto may be served personally or sent by pre-paid registered letter or recorded delivery or by email to the addresses most recently given or used. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or, when posted, 48 hours after the same shall have been put into the post correctly addressed and pre-paid or when by email, 24 hours after transmission.
10.5 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
10.6 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
10.7 This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.