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Terms
and Conditions
Terms And Conditions For Use Of This Site
Please read these terms and conditions carefully, they contain
important information about your rights and obligations
1.1
Please read these terms and conditions carefully before using the
web site operated by MyOwnBooking.com Ltd ("MyOwnBooking.com
Ltd"). By clicking to accept these terms and conditions
("our web site") you agree to be legally bound by these
terms and conditions as they may be modified and posted on our web
site from time to time. You also agree to be bound by any other
terms and conditions applicable to this transaction.
1.2
Without prejudice to the above, by using or accessing our web site,
you agree to be legally bound by these terms and conditions of use
as they apply to your use of or access to our web site.
1.3
If you do not wish to be bound by these terms and conditions then
you may not use our web site. These Terms and Conditions for the use
of this Site shall be read in conjunction with the other agreements
entered into between the parties.
2.1
Our web site is a place to select and order travel Services provided
by a tour operator ("Tour Operator") (the
"Services"). Our web site describes the Services in more
detail. If you are a Tour Operator then our site enables you to
offer your holidays to the public.
2.2
This Site enables you to make a contract with a third party. We are
acting as an agent in connection with that contract unless we
expressly state otherwise.
2.3
Please note that the contents of our web site are aimed at users
aged 18 and above, but you must be over 18 years to purchase the
Services, using the payment method displayed on our web site. Where
a travel agent ("Travel Agent") places an order with a
Tour Operator then this web site merely acts as a portal to connect
the two parties together so that they may contract direct with each
other. You will only be contracting with us directly where we
expressly say so on the website. We will receive and hold money as
an agent acting on behalf of the Tour Operator
3.1
To order Services you will need to follow the ordering procedures
set out here.
3.2
Details of the prices for the Services are displayed on the web
site. You must pay by credit or debit card at the time of order or
any other means as agreed with the Tour Operator. The price of any
Services is the price in force at the date and time of your order.
The Tour Operator may change the price of any Services before you
place an order. We try to ensure that the prices displayed on our
web site are accurate but the price on your order will need to be
validated as part of the acceptance procedure (see clause 3.3
below).
3.3
MyOwnBooking.com Ltd is entitled to refuse any order placed by you
through our systems. If your order is accepted by the Tour Operator
then acceptance will be confirmed to you by electronic means
("Confirmation").
3.4
If the Services you ordered are unavailable, then where appropriate
you may be provided with a substitute ("Substitute
Services") or a refund may be provided by the Tour Operator.
3.5
You undertake that all details you provide to us for the purpose of
purchasing Services from the Tour Operator which may be offered via
our web site will be correct, that the credit or debit card, or any
electronic cash, which you use is your own and that there are
sufficient funds or credit facilities to cover the cost.
3.6
You must agree to these terms (as amended) each time you use the
system.
3.7
You will also be bound by the Tour Operator's terms and conditions
and you should be aware that there may be extra or additional
charges, taxes, currency fluctuation charges and other charges
payable in addition to the price quoted on the site.
3.8
Myownbooking will not hold any funds as an agent for the Tour
Operator. However, we will only pass the credit card details onto
the Tour Operator for the authorization and the guarantee of the
booking.
We reserve the right to alter, suspend or discontinue any aspect of
our web site or the content or Services available through it,
including your access to it. Unless explicitly stated any new
features including new content, and/or the sale of new Services
shall be subject to these terms and conditions.
5.1
The following applies to any information you provide to us, for
example during any registration or ordering process:
• You authorise us to use, store or otherwise process any
personal information which relates to and identifies you, including
but not limited to your name and address, to the extent reasonably
necessary to provide the Services which are available through our
web site by us or our sub-contractors. If you obtain or choose to
buy Services through our web site then we may collect information
about your buying behaviour and if you send us personal
correspondence such as e-mails or letters or post reviews or other
messages on the bulletin boards or in the chat areas then we may
collect this information into a file specific to you (together, the
various purposes set out in this paragraph and in our privacy policy
shall be known as 'the Purposes'). All such information collected by
us shall be referred to in these terms and conditions as 'Personal
Information'.
• You must ensure that the Information you provide is accurate
and complete and that all ordering or registration details (where
applicable) contain your correct name, address and other requested
details. For more information about how we deal with your Personal
Information, please read our privacy policy.
• We may pass onto any Tour Operator or third party any
information that you provide to us.
• We may use any Personal Information for our own marketing
purposes.
5.2
By accepting these terms and conditions, you agree to the processing
and disclosure of the Personal Information for the Purposes. You
also agree that the Purposes may be amended to include other uses or
disclosures of Personal Information following notification to you by
means of a notice on our web site, which you should check regularly.
If you would like to review or modify any part of your Personal
Information then you should email us at support@myownbooking.com .
5.3
In addition, the following also applies to all messages, e-mails,
bulletin boards postings, ideas, suggestions, concepts or other
material submitted by you to us ('Content'):
• you must own or have the right to submit Content for
publication on our web site;
• you must ensure that all Content submitted to us does not
infringe the copyright, design, privacy, publicity, data protection,
trade mark or any other rights of any third party, nor be obscene,
abusive, threatening, libellous or defamatory of any person or be
otherwise unlawful; and
• we have the right to monitor Content and may edit, reject or
remove Content if we believe it does not comply with the above and,
in particular, we reserve the right to block incoming e-mails and
other Content if we believe that their content is or may be
inappropriate or otherwise does not comply with the above.
5.4
You grant us a non-exclusive, irrevocable, royalty free, worldwide
licence to publish all Content that you submit to us except any
portion of the Content that is Personal Information. You have sole
responsibility for the Content which you submit to us and you shall
indemnify and shall keep us fully and effectively indemnified on
demand from and against all losses and liabilities (including legal
costs and expenses) suffered or incurred by us and arising directly
or indirectly out of the publication of Content submitted by you to
us.
You are solely responsible in all respects for all use of and for
protecting the confidentiality of any username and password that may
be given to you or selected by you for use on our web site. You may
not share these with or transfer them to any third parties. You must
notify MyOwnBooking.com Ltd immediately of any unauthorised use of
them or any other breach of security regarding our web site that
comes to your attention. You will indemnify us without set-off or
counterclaim in full against any costs, charges or expenses or
liabilities that we incur as a result of your breach of this clause.
7.1
Our web site is controlled and operated by us from our offices in
Coventry, UK . Where content published on the web site is supplied
by third parties, you understand that we do not control or endorse
their contents in any way. All content which is offered by third
parties, is published in good faith but we do not (to the extent
permitted by applicable law) accept responsibility for the accuracy
or otherwise of such content (whether published on or off-line) and
the use of such content, except for content which relates directly
to Services you purchase. You assume total responsibility and risk
for your use of our web site and use all information contained
within it.
7.2
We have used our best endeavours to ensure that our web site
complies with UK law. However, we make no representations that the
materials on our web site are appropriate or available for use in
locations outside the United Kingdom.
7.3
MyOwnBooking.com Ltd makes no warranties, express or implied that
making the Services available in any particular jurisdiction outside
the UK is permitted under any applicable non-UK laws or regulations.
Accordingly, if making the Services or any part available in your
jurisdiction or to you (by reason of nationality, residence or
otherwise) is prohibited, those Services are not offered for sale to
you. You accept that if you are resident outside the UK, you must
satisfy yourself that you are lawfully able to purchase the
Services. MyOwnBooking.com Ltd accepts no liability, to the extent
permitted by applicable law, for any costs, losses or damages
resulting from or relating to the purchase or attempted purchase of
the Services by persons in jurisdictions outside the UK or who are
nominees of or trustees for citizens, residents or nationals of
other countries.
The contents of our web site are protected by international
copyright laws and other intellectual property rights. The owner of
these rights is MyOwnBooking.com Ltd or other third party licensors.
All Services and company names and logos mentioned in our web site
are the trade marks, Services marks or trading names of their
respective owners, including us. You may download material from our
web site for the sole purpose of placing an order with
MyOwnBooking.com Ltd or using our web site as a shopping resource.
However, you may not modify, copy, reproduce, republish, upload,
post, transmit or distribute, by any means or in any manner, any
material or information on or down loaded from our web site
including but not limited to text, graphics, video, messages, code
and/or software without our prior written consent, except where
expressly invited to do so, for example in order to complete any
test or questionnaire.
MyOwnBooking.com Ltd makes no representations whatsoever about any
other web sites which you may access through our web site or which
may link to our web site or material from any Tour Operator. When
you access any other web site or information provided by a Tour
Operator you understand that it is independent from MyOwnBooking.com
Ltd and that we have no control over the content or availability. In
addition, a link to any other site does not mean that
MyOwnBooking.com Ltd endorses or accepts any responsibility for the
content, or the use of, such a web site and shall not be liable for
any loss or damage caused or alleged to be caused by or in
connection with use of or reliance on any content, goods or Services
available on or through any other web or resource. Any concerns
regarding any external link should be directed to its web site
administrator or web master.
We will try to make our web site available but cannot guarantee that
our web site will operate continuously or without interruptions or
be error free and can accept no liability for its unavailability.
You must not attempt to interfere with the proper working of our web
site and, in particular, you must not attempt to circumvent
security, tamper with, hack into, or otherwise disrupt any computer
system, server, web site, router or any other internet connected
device.
11.1
We exclude all express or implied terms, conditions, warranties,
representations or endorsements whatsoever with regard to the
Services, our web site or any information or Services provided
through our web site. We will do our best to ensure that all
materials and information published on our web site are accurate,
but please note that all materials and information on our web site
are provided on an 'as is' basis.
11.2
In relation to the purchase of Services, we accept no liability for
any indirect or consequential loss or damage, or for any loss of
data, profit, revenue or business (whether direct or indirect),
howsoever caused, even if foreseeable. In circumstances where you
suffer loss or damage arising out of or in connection with the
viewing, use or performance of our web site or its contents and we
accept no liability for this loss or damage whether due to
inaccuracy, error, omission or any other cause and whether on the
part of MyOwnBooking.com Ltd or our servants, agents or any other
person.
11.3
If we are liable to you for any reason, our liability will be
limited to the amount paid by you for the Services concerned on the
specific occasion of the breach in question. This limit does not
apply to any liability we may have for death or personal injury
resulting from our negligence.
11.4
You are responsible for ensuring that your computer system meets all
relevant technical specifications necessary to use our web site and
is compatible with our web site. You also understand that we cannot
and do not guarantee or warrant that any material available for
downloading from our web site will be free from infection, viruses
and/or other code that has contaminating or destructive properties.
You are responsible for implementing sufficient procedures and virus
checks (including anti-virus and other security checks) to satisfy
your particular requirements for the accuracy of data input and
output.
11.5
The limitations and exclusions only apply to the extent permitted by
applicable law.
12.1
We may assign, novate or subcontract any or all of our rights and
obligations under these terms and conditions at any time.
12.2
We may alter these terms and conditions from time to time and post
the new version on our web site, following which all use of our web
site will be governed by that version. You must check the terms and
conditions on the web site regularly.
12.3
You acknowledge that you have not entered into this agreement in
reliance upon any warranty or representation made by
MyOwnBooking.com Ltd or any other person and you waive any rights to
damages/rescission you may have for misrepresentation (other than a
fraudulent misrepresentation) that is not contained in the terms and
conditions, privacy policy, order form and payment method
instructions.
12.4
If any provision or term of these terms and conditions shall become
or be declared illegal, invalid or unenforceable for any reason
whatsoever, such term or provision shall be divisible from the other
terms and conditions and shall be deemed to be deleted from them.
12.5
These terms and conditions and your use of our web site are governed
by English law and you submit to the non-exclusive jurisdiction of
the English court.
12.6
Neither you nor MyOwnBooking.com Ltd will be held liable for any
failure to perform any obligation to the other due to causes beyond
your or MyOwnBooking.com Ltd's respective reasonable control.
12.7
Failure by either party to exercise any right or remedy under this
agreement does not constitute a waiver of that right or remedy.
13.1
All notices shall be given: to us via email at support@myownbooking.com;
or to you at either the e-mail or postal address you provide during
any ordering process. Notice will be deemed received when an email
is received in full (or else on the next business day if it is
received on a weekend or a public holiday in the place of receipt)
or 3 days after the date of posting.
These terms and conditions replace all other terms and conditions
previously applicable to the use of our web site.
The rights of third parties act is expressly excluded from these
terms and conditions. These terms do not affect your statutory
rights.
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