Trafalgar Tours Limited
Last updated: 23 June, 2015
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.
Please click on a link below to jump to a specific paragraph:-
1. About This Document
2. Your Agreement
3. Copyright Notice
5. Contacting Us
6. What Do These Terms Cover?
8. Using Our Accessing Our Websites, Apps And Content
9. Completing Forms And Error Correction
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
1.3 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.
This document, and our websites, apps and content, are and is Copyright © 2015, Trafalgar Tours Limited. All Rights Reserved.
6.1 Our websites
6.2 Our apps
6.3 Our content
6.4 Your content
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.
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
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.
9.1 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.
10.1 Requirement for registration
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
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.
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
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.
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.
13.1 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.
14.1 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.
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.
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
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
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.
16.1 No prejudice to consumer rights
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
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.
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.