Trafalgar Tours Limited

Website and App Terms of Use

Last updated: 23 June, 2015

Age Restriction

Our websites and apps are intended for use by those 18 years old or over. No one under that age is entitled to use our websites or apps. If you are under the age of 18 years please leave our websites and cease using our apps immediately.

Contents

Please click on a link below to jump to a specific paragraph:-

1. About This Document
2. Your Agreement
3. Copyright Notice
4. About Us These Website Terms Of Use
5. Contacting Us
6. What Do These Terms Cover?
7. Languages
8. Using Our Accessing Our Websites, Apps And Content
9. Completing Forms And Error Correction
10. Accounts
11. Booking Process
12. Community Functionality
13. Your Conduct And Content
14. Limits And Changes To Our Websites, Apps And Contents
15. Ownership Of Our Website, Apps And Content
16. DISCLAIMER AND LIMITATION OF LIABILITY
17. Changes To These Terms
18. Applicable Law And Disputes 

1.           About this document

1.1         Scope

This document sets out our general terms governing use and licensing of our websites, apps, and content (the "terms of use").

1.2         Privacy Policy

Please see our separate https://www.trafalgar.com/uk/terms-and-conditions/privacy-policy for details of our policy as to the processing of your personal data.  You consent to our privacy policy. 

1.3         Booking Terms

This document does not set out our booking conditions or other terms of supply for our products and services. Additional information about our booking conditions are available upon request.

2.           Your Agreement

By browsing, downloading, installing, viewing, running or otherwise using any of our websites, apps and content, you confirm you agreement to these terms of use, and you undertake to comply with them. References to "you" and "your" are to any person who browses, downloads, views, installs, runs or otherwise uses our website, apps or content.

3.           Copyright notice

This document, and our websites, apps and content, are and is Copyright © 2015, Trafalgar Tours Limited. All Rights Reserved.

4.           About us

These are the terms of use of Trafalgar Tours Limited (referred to as "we", "us" or "our").   We are incorporated under the laws of the Bailiwick of Guernsey. Our incorporation number is 50679 and our incorporation address or registered office is Travel House, Rue du Manoir, St Peter Port, Guernsey, Channel Islands, GY1 2JH.

5.           Contacting us

If you have any questions about our websites, apps or content, or these terms of use, including any complaints, please contact us either by e-mail to enquiries@trafalgartours.com, or by post to Trafalgar Tours Limited, Travel House, Rue du Manoir, St Peter Port, Guernsey, Channel Islands, GY1 2JH.

6.           What do these terms cover?

6.1          Our websites

These terms of use cover all of our present and future websites, including those at the following addresses, and any other website on which these terms of us appear: https://www.trafalgar.com/uk .  References to our websites include: (a) our websites you visit through a web-browser or through an app; and (b) any functionality and services provided by us remotely which you access on or through our websites. 

6.2         Our apps

These terms of use cover all of our present and future apps, including any apps which these terms are presented with or which in respect of which you accept these terms to download the app, and in particular includes the following app: myTrafalgar. References to our apps include: (a) any native software application and any software that runs in a web browser; (b) any software that we provide for installation or use on a PC or on a mobile computer such as a tablet or phone; and (c) include any information, functionality and services provided by us in or through the app, including remotely.

6.3         Our content

These terms of use cover all of our present and future content.  For the purposes of these terms our "content" is everything making up or available through our websites and apps, or which is otherwise downloaded or accessed as part of or through our websites or apps, or which is sent to you in any e-mail or communication from us, including any services, functionality, trade marks, logos, graphics, photographs, images, sounds, music, video, audio or text, and including any software, javascripts, flash objects, cookies, HTML, and CSS. Our content includes any text, pictures, videos, and other materials belonging to others which is made available on our websites or through our apps, including such materials provided, uploaded, posted, or sent by other users of our websites and apps within any community functionality. However our content does not include anything you upload or post to or communicate through our websites or apps, such as through use of any community functionality we provide on or through our websites or apps as detailed below.  

6.4         Your content

These terms of use also cover all of your present and future content.  Your "content" is anything that you upload to, post to or message or communicate through our websites, or which you solicit to be sent to you by means of our websites, apps or content, including text, pictures, video and other materials, and including through any account with us, through any community functionality, or otherwise.  If you let anyone else use your computer, tablet, phone or other device, or your account with us, including any employee, family member, friend or third party, then any text, pictures and video that are uploaded to, posted to or messaged or communicated through, or that are solicited to be sent to, such device, account, shall be deemed to be your content and you shall be answerable for it as if you had uploaded, posted, messaged or communicated it,

7.           Languages

Our websites, apps, and content, and any bookings or other transactions conducted through our websites, apps and content are in the English language only.  We do not offer any other languages at the moment.

8.           Using our websites, apps and content

8.1         Availability

Our websites, apps and content will only be available at such times as we may decide, and we do not guarantee that our websites, apps or content will always be available or be uninterrupted. We may suspend our websites, apps and content generally at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our websites, apps and content at any time without notice. We may suspend for any reason your particular use of our websites, apps and content at any time, with or without notice to you. We shall have no liability to you (including in negligence) if any of our websites, apps or content is not available for any reason, and we shall have no obligation to you to make sure that our websites, apps and content are available to you at any time.

8.2         Your systems

You are responsible for making all arrangements necessary for you to browse, download, install, view, run or otherwise use our websites, apps and content, including ensuring that you have a compatible PC, tablet, mobile phone or other computer, a compatible operating system and web browser,  and internet access.  You are also responsible for ensuring that all persons who use our websites, apps and content through your internet connection or using your computer or using your account with us, are aware of these terms of use and any other applicable terms and conditions we may apply, and that they comply with them. You acknowledge that our websites, applications and content my cause you to incur data download and upload charges with your internet access or mobile services provider, and that you are responsible for such charges.  You agree to our gathering technical information about your PC, table, mobile phone or other computer, and any other information which we wish to provide you with the websites, apps and content.

8.3         No misuse

You must not misuse our websites, apps or content, or any of our networks or computer systems providing them, including by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any of our networks or computer systems or any third party networks or computer systems, including any server, computer or database which provides or is connected to our websites, apps or content or on which our websites, apps or content are stored. You must not attack our websites, networks or computer services, including via a denial-of-service attack or a distributed denial-of service attack. You acknowledged that by breaching this term, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we shall be entitled to co-operate with those authorities, including by disclosing your identity to them and any other relevant information relating to you. In the event of a breach of this term, your right to use our websites, apps and content will cease immediately.

8.4         Agreement to features of services

If you register for any account to use any service or functionality on, in or through our websites or apps, you agree that you consent to any processing and operations with respect to such account, service or functionality which we have made clear are a part of such account, service or functionality on our websites or within our apps, and you may not continue to use such account, service or functionality without accepting the same. If you have been requested to give and have given specific consent to a particular type of processing or operation, or any particular processing or operation was stated by us to be on by default, including when you registered for an account or downloaded or set-up an app or used any service or functionality,  then you confirm your agreement to processing or operation, but you may withdraw your specific consent at any time by contacting us or changing any settings provided in your account or app.  For example, we may have a setting which results in hashtags being added to updates you send to Twitter using our websites, apps or content.

8.5         Agreement to storage and retrieval of data

You agree that our websites and apps may store cookies and other information on your computer, tablet, mobile phone and other device used to access our websites or on which our apps are installed, and may capture information from such device (including information previously stored), subject to our privacy and cookies policies.

9.           Completing forms and error correction

9.1         Mandatory Information

When completing any enquiry, booking, registration, or other forms on our websites or in any apps, some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are clearly identified and are denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data.  Where any information is not marked with an asterisk then such information is optional, and you need to fill it in if you wish to do so.

9.2         Accuracy of your information

When you submit any information to us, including in connection with a registration, enquiry, booking or other form, you must ensure that it is true, accurate, current, and complete in all respects, and you represent that it is.  We will rely on your information provided.

9.3         Error Correction

If you think there is any error in your information provided after you have submitted it, you can contact us at any time to correct it.

10.       Accounts

10.1      Requirement for registration

To use some of the services or features made available to you on, in or through our websites or apps (such as enquiries, bookings, community functionality and loyalty programs) you may need to register for an account with us (an "account"), including through our websites or apps, and you agree that these terms of use shall apply together with any additional terms applicable to such accounts as notified to you at the time of registration. We may accordingly restrict access to websites, apps, and content, or any part or functionality of them, to persons who have registered for an account with us for access to them or that part or functionality.

10.2      Updating your information

Should any of your registration information for an account change, please update your details using functionality provided within the account pages in our websites or apps, or alternatively contact us.

10.3      Log-In Details

You are responsible for keeping any username and password log-in details relating to any account confidential, safe and secure, and you shall not share those details with anyone. You shall ensure that any password you provide is unique and a strong password, being a random string of upper and lower case letters, numbers and symbols of at least 8 or more characters in length, which you have not used for any other log-in you may have. You shall let us know immediately if you suspect any unauthorised access to our use of your log-in details or any account. We have the right to disable any account or log-in details, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or if we suspect any misuse.

10.4      Suspension and Termination

We may suspend or terminate any account and/or your ability to access or use any features, services or functionality of our websites, apps or content, at any time and for any reason, with or without prior notification to you.

11.       Booking Process

11.1      Eligibility

You must be eighteen (18) years old or over to make a booking or otherwise order from us. 

11.2      Ordering process

Our websites, apps and content do not amount to a legal offer. To make a booking with or through us or otherwise order from us you must follow the procedure set out in our websites and apps, and a contract will not be formed except in accordance with the procedure explained in our websites or apps.

11.3      Our booking and supply terms

All services and products we supply, and all bookings made, are supplied and made on and subject to our booking terms and conditions and other terms of supply, available on request, and these terms of use do not set out our booking conditions or other terms of supply. You agree that if a booking or order is made by or for you, that our booking terms and conditions and other terms of supply shall apply. Additional information about our booking conditions and other terms of supply are available on request.

12.       Community functionality

12.1      Scope

We may offer comment and review facilities, message boards, messaging with fellow travelers and tour participants, forums, photo galleries, and other social, messaging, and community functionality from time to time, (collectively referred to as "community functionality"), including functionality which enable you and others to: (a) upload or to post content to or through our websites and apps to be shared with others; (b) send and receive communications with fellow tour participants and others; and (c) to post content to third party services, such as Twitter or Facebook.

12.2      Moderation

You agree that we may monitor all use made of our community functionality, and anything uploaded, posted, sent or received by you or anyone else using our community functionality, with or without notice, and that we may moderate and delete anything uploaded, posted, sent or received by you or anyone else using our community functionality, with or without notice.

12.3      Communications from others

If you register for any community functionality that enables messaging with others who are registered for such community functionality, then you confirm that you consent to receive messages from such others, and you must cease using such community functionality if you do not agree to receive such messages. 

12.4      Specific consents and settings

If we ask for your specific consent to anything, or inform you that a particular setting for particular feature will be on by default (such as to disclose your email address to others, or to apply a hashtag to any tweets you send through our community functionality), then by giving such consent you agree to that thing, but you may withdraw your consent at any time by contacting us or changing such setting through any functionality provided within your registration.

12.5      Content from others

Please exercise discretion when communicating with others using our community functionality, and never make any assumptions about them. The views expressed by others on our websites, through our apps, our in our content, do not represent our views or values. We do not assume responsibility for and you shall not hold us responsible for anything published, uploaded, posted or communicated by any other person using our community functionality or through our websites or apps.

13.       Your conduct and content

13.1      Purpose of use

You agree to use our websites, apps, and content only for lawful purposes reasonably connected to the products and services we supply and the intended purposes of our websites, apps and content, and you must not use our websites, apps or content for or in connection with any unlawful or criminal activity. You must not seek to unlawfully gain access to our websites, apps or content, or any underlying systems. You must not use our websites, apps or content, to market or advertise anything.

13.2      Responsibility and care

 You agree that you will be responsible for and answerable for your use of our community functionality and for all of your communication and activity on and pursuant to our websites and apps, including through your accounts and through your PC, tablet, phone and other computers, and you agree to use our community functionality, websites, apps and content with reasonable care and skill, and you may not be anonymous or use a false identity.

13.3      Prohibited use and content

You acknowledge that your content will be available for the world to see and will be subject to world-wide laws, such as libel laws and intellectual property laws. You shall ensure that your content, and your use our websites, apps, and content: (a) reasonably relates solely to us and our products and services; (b) is in accordance with any rules or acceptable use policies we may publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is in accordance with all applicable laws, and not unlawful, defamatory, threatening, racist or libelous, or incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people's privacy; (f) is not capable of causing and does not cause harm to minors or unwarranted distress to any person; (g) is not detrimental to our business or our trade marks or our websites, apps, content or reputation, except for reasonable criticism based on provable fact rather than opinion; (h) is not personal data of a third party; (i) is not using our websites, apps or content to promote or advertise any businesses, product, service or other thing, or to send any unsolicited communication; (j) does not advocate illegal activity or discuss illegal activities with the intent to commit them, and is not in connection with the commission of any offence or crime; (k) is not vulgar, obscene, discourteous or indecent; (l) is not software; and (m) will not cause us to suffer or incur any loss, liability, fine or criminal offence.   

13.4      Disclosure of your identity

We shall have the right to disclose your identity to any third party who is claiming that anything uploaded by you, posted by you, or communicated by you to or through our websites or apps constitutes a violation of their intellectual property rights, or of their right to privacy, or any breach of law.

13.5      Licence of your content

Subject to the following clauses 13.6 and 13.7, in relation to your content , you hereby grant to us and shall ensure and procure that we are granted a perpetual, irrevocable, world-wide, non-exclusive, royalty free, transferrable, licence, with the right to grant sub-licences, to use, copy, edit, distribute, transmit, store, host, run, play, adapt, publish, re-publish, translate, publicly perform and display, create derivative works from, and do anything else whatsoever with, your content, for any purpose, and in, using, on or through any form, media, medium or technology (whether now known or later developed). For example (without limitation), by uploading, posting, or sending a message or other content on our websites or through our apps ), we may (1) display the same to others through our websites and apps, (2) display the same on third party websites and applications, including through embedding, and sub-licence third parties accordingly, (3) allow and sub-licence other users of our websites and apps to  download, copy, store, play print, make derivative works from and view the same, and (4) use the same for promotional purposes. . You waive all moral rights (including to be identified as author) in relation to your content. You warrant that you have the right to grant the licence above, and that the exercise by us of that licence shall not infringe any copyright or other intellectual property rights in any part of the world.

13.6      Non-Confidential Content

You acknowledge and agree that the following shall be non-confidential and public domain: (a) any of your content that you upload, post or communicate using or through our community functionality; (b) any of your content that you upload, post or communicate using any services or functionality of our websites, apps or content which are clearly intended to involve disclosure to others other than messages sent using a private messaging facility as detailed in clause 13.7 below; (c) any of your content and any other information or data relating to you (such as your e-mail address) which you consent to being disclosed to others from time to time.   Any such non-confidential and public domain information, and may be used as follows without compensation to you: (1) may be published and disclosed by us however we may decide; (2) and may be used by us in any media (including, without limitation, in our own websites and apps, and on any social media, such as Facebook and Twitter); (3) may be used by us for any purpose (including, without limitation, for the purposes of marketing and promotion of our business, products and services); and (d) may be attributed to you.   For instance: (i) we may have a setting (which can be changed by you) which adds our hashtags to any updates to Twitter which you send through our websites, apps or content, and in such case we may add such hashtags, use such hashtags to find your updates, and copy and use such updates for promotional and other purposes as we may decide; and (2) we may ask for consent to disclose or show your email address to other members of your tour group, in which case we may do so.

13.7      Confidential Content

With respect to your content which comprises the following, this will remain confidential: (a) private messages sent to you or received by you using a private messaging facility we provide which enables such messages to be communicated to a specific recipient individual or closed set of recipient individuals selected by the sender on a message by message basis; and (b) your content which does not fall within clause 13.6.  However, if you, or in the case of any private message received by you, the sender, make your content or such message public in any way, such content or message will cease to be confidential, and clause 13.6 shall apply.

14.       Limits and changes to our websites, apps and contents

14.1      Not advice

Our websites, apps and content are provided for general information only, and with the understanding that we are not engaged in the rendering of legal or other professional advice or service. Your reliance on or use of our websites, apps, and content, is entirely at your own risk.    

14.2      Validity and Change

We make no representations, warranties or guarantees, whether express or implied, that our websites, apps and content are and is accurate, complete or up-to-date. In any event, our websites, apps and content is only valid at the time provided, and may change. We shall be entitled, at any time and from time to time, with or without notice, and for any reason: (a) to change our websites, apps and content; and (b) to cease providing any particular websites, apps or content, or any part of or functionality of the same.  You shall update, and permit our websites, apps and contents to update themselves as and when updates become available, without undue delay.

14.3      Errors

We do not guarantee that our websites, apps or contents will be free from errors or omissions. There may be mistakes and errors in our websites, apps and content, and such mistakes and errors shall not be binding on us. We reserve the right to correct any errors in our websites, apps and content and to change any of our websites, apps, and content (including services, products, availability, and pricing) at any time without notice, including in any booking or order you have submitted or contract you have entered into with us on the basis of it. If any correction affects any booking or order you have submitted or contract you have entered into with us, please see our applicable terms and conditions for how this will be handled.

14.4      Viruses

Whilst we make all reasonable attempts to exclude viruses from our websites, apps and content, we cannot ensure that they will be none or that our websites, apps and content will not be subject to unauthorised access or modification. You shall take all appropriate safeguards on your computer, tablet, mobile phone or other device (including installing appropriate protective software) before browsing or downloading any of websites, apps or content.

14.5      Third Party Links

If we include a link to a third party website, application, product, service or content in our website, apps or content, including any advertisements, then you should note that such third party websites, applications, products, services and content are not our responsibility and you visit them and purchase them at your own risk. By providing these links, we are not endorsing, sponsoring or recommending such third party websites, applications, products, services or content, and we shall not be  responsible for the direct or indirect consequences of your navigating to or using or purchasing such third party websites, applications, products, services or content. If you supply any personal data to any third party or any third party website or application, you should read their privacy policy.

15.       Ownership of our website, apps and content

15.1      Our Copyright

You acknowledge that all copyright, designs, database rights, trademarks, patents, and all other intellectual property and other rights relating to our websites, apps and content (and in the selection and arrangement thereof), and our trademarks, service marks and logos, are and remain our sole and absolute property and that of any third party who supplied them to us. You are granted no right, licence or interest in or to our website, apps or content, or our trade marks, service marks or logos, or any intellectual property rights in them, except for the licences detailed below, and all other rights are reserved and all implied licences are hereby excluded.  In particular you are not permitted to screen scrape or otherwise copy or use our website, apps or content except for the purposes of purchasing from us or participating in any community functionality as a customer or potential customer of ours (or an agent for a customer or potential customer) under the licences below.

15.2      Website Browsing Licence

With respect to of our content which any content we intentionally make available for you to browse or download through our websites, we hereby grant you a licence to download such content into your web browser and to run and view such content through your web browser, and to store such content in your web browser cache, in each case for the sole purposes of enabling you to browse and use our website and content as a customer or potential customer, or as an agent for a specific customer or potential customer, whether online or offline. You are also permitted to store (as a local copy on your computer file system, outside the browser cache) a copy of, or print off, any such content , for your own private records and future reference, provided that you are again doing so as a customer or potential customer, or as an agent for a specific customer or potential customer.

15.3      App End-User Licence

Where we intentionally supply you with the code for an app, including where we make such code available for download through a store, then you are granted a licence to install a single copy of such code on the PC, tablet, mobile phone or other computer device that you own, which you downloaded the code for app to, and to run such code on such device, to access the functionality and service available within or through it.

15.4      Terms of licences

Where we grant you any licence with respect to any of our websites, apps or content, or you access any of our websites, apps or content, then: (a) you shall use the same only for your own internal business or domestic use, for the purposes permitted by these terms of use; (a) the licences are not exclusive and may not be transferred; (b) there is no right to sub-licence; (c) the licences are at will, and may be terminated by us at any time; (d) the licences only covers the object code of any software; (e) if we terminate any licences, you must securely delete all websites, apps and content downloaded by you and all copies deriving from them; (f) you may not modify, copy (except as expressly permitted by the licence in these terms of use), adapt, translate, distribute, transmit, display to others, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, sell, or do anything else with any of our websites, apps or content, and all other rights are reserved where not expressly granted in writing in these terms; (g) you may not use our websites, apps or content to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website; (h) you shall not infringe any of our rights; (i) you shall not reverse engineer, reverse compile, disassemble, or un-obfuscate any software comprised in our website, apps or content; (i) you shall comply with all applicable laws in your use of our website, apps or content; (j) and you shall not remove any copyright or trademark notices included within our websites, apps or content; (k) you shall comply with the licence terms of any third party from whom we have procured any part of our websites, apps or content, communicated to you; and (l) you shall not re re-format or frame any portion of the pages comprising our websites, apps or content.

15.5      Linking to our site

You may link to the home pages of our websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to our websites in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  Our websites must not be framed on any other site, nor may you create a link to any part of our websites other than the home page. We reserve the right to withdraw linking permission without notice.

16.       Disclaimer and Limitation of Liability

16.1      No prejudice to consumer rights

If you are accessing and using our websites, apps or content as acting as a consumer (meaning you are an individual doing so wholly or mainly for purposes outside a business, occupation or profession) then nothing in these terms of use shall affect your legal rights as a consumer to the extent they may not be excluded or limited by law.

16.2      No prejudice to contracts with us

The following terms shall be without prejudice to our liability under or in relation to any contract which we enter into with you as a result of a booking made by you, but such contract shall be subject to any separate booking conditions or other terms we apply to that contract and any exclusions or restrictions of liability in such conditions or terms.

16.3      No limitation of liability for personal injury and fraud

We do not limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

16.4      Disclaimer of negligence

We disclaim and exclude any duty of care which we may owe you in respect of our websites, apps and content, and we shall have no liability to you in negligence with respect to our websites, apps, or content.

16.5      No promise as to quality and exclusion of implied terms

We provide our websites, apps and content "as is" and "as available", and without warranty, guarantee, or promise as to their quality, condition, fitness for purpose, availability, suitability, or functionality.  We do not represent or warrant that our websites, apps or content are or is accurate, complete or current, and we shall have no liability whatsoever in respect of any use which you make of our websites, apps or content.  We hereby exclude to the fullest extent permitted by law all implied warranties, terms and conditions, and all rights under any law, in your favour, with respect to our websites, apps and content.

16.6      Fitness for purpose

Our websites, apps and content have not and has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to using them that they are suitable for your purposes.

16.7      Excluded losses

16.7.1      Consumers

If you are a consumer, we shall have no liability to you for any losses relating to any business, profession or occupation, including loss of profit, loss of revenue, loss of business or contract, business interruption, or loss of business opportunity.

16.7.2      Non-Consumers

If you are not a consumer, we shall not be liable to you for any of the following (whether direct, indirect or consequential): (a) any loss damage or liability you suffer or incur as a result of visiting, browsing, or using our websites, apps or content, or the non-availability or interruption of our websites, apps or content, or relying on our websites, apps or content; (b) any loss, damage or liability suffered by or in relation to any business, profession, occupation or organisation; (c) loss of profit, revenue, contract, sales, goodwill, opportunity, wasted, reliance or additional expenditure, loss of bargain, loss of anticipated savings, business interruption, or economic loss; (e) your liability to any third party or to pay fines.  If you are not a consumer, we shall not be liable to you for any losses or damages of any nature which are special, punitive, exemplary, indirect, incidental or consequential.  The above exclusions shall apply whether we were advised of the possibility of such loss or not.

16.8      No liability for force majeure

We will not be liable for anything caused by event or circumstance beyond our reasonable control.

16.9      No liability unless our fault

We shall not be liable for any losses unless they are caused by any negligence, or breach of any law or legal or contractual obligation on our part. We shall not be liable for any losses caused by any act or omission on your part.

16.10   No liability for loss not foreseeable

We shall not be liable for any loss or damage which was not foreseeable.

16.11   Meaning of liability

References to our liability include our liability under or for breach of a contract, liability in negligence, liability under any statute or other law, liability for breach of statutory duty, or any other liability on whatever basis or howsoever arising (whether contractual or non-contractual in nature), including (without limitation) where such liability arises out of or in connection with our websites, apps or content, or any services provided through our websites or apps, or your reliance on our websites, apps or content, or the non-availability or interruption of our websites, apps or content.

17.       Changes to these terms

We may change these terms of use at any time and from time to time without notice to you, including by publishing a new version on our websites or through our apps. You should check these terms for updates each time you visit our websites or use our apps to be sure that you are aware of any changes.  You should check the top of the document to see the latest version in force.  Any change will be prospective only, and we will not make any changes that have retroactive effect unless legally required to do so.  By continuing to use our websites, apps and content after any such change you will be considered to have accepted the change.

18.       Applicable Law And Disputes

These terms of use, your use of our websites, apps, and content, and any claim (including contractual or non-contractual) relating to or based on our websites, apps or content, is subject to the law of England and Wales and you must bring any claims (whether contractual or non-contractual) against us exclusively in the courts of the Bailiwick of Guernsey or the courts of England and Wales.

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