Holiday Booking Section.
These Terms and Conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the Terms and Conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online reservation service provided on these pages and through the website are owned, operated and provided by Luxplorer and are provided for your personal, non-commercial use only, subject to the Terms and Conditions set out below.
“Platform” means the (mobile) website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by Luxplorer.
“Service” means the online reservation service (including the facilitation of payments) of various products and services as from time to time made available by Suppliers on the Platform.
“Supplier” means the provider of accommodation (e.g. hotel, motel, apartment, bed & breakfast), (theme) parks, attractions, museums, sightseeing tours, cruises, rail and coach tours, transfers, tour operators, insurances, and any other travel or related product or service as from time to time available for reservation on the Platform.
Scope of Our Service
Through the Platform, we (Luxplorer and its affiliate (distribution) partners) provide an online platform through which Suppliers can advertise their products and service for reservation, and through which visitors to the Platform can make such reservations. By making a reservation through Luxplorer, you enter into a direct (legally binding) contractual relationship with the Supplier with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your reservation, we act solely as an intermediary between you and the Supplier, transmitting the details of your reservation to the relevant Supplier(s) and sending you a confirmation email for and on behalf of the Supplier.
When rendering our services, the information that we disclose is based on the information provided to us by Suppliers. As such, the Suppliers are given access to an Extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Supplier remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Supplier (or its facilities, venue, products or services) made available.
Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.
Prices, Crossed-Out Rates and Best Price Guarantee
The prices on our Platform are highly competitive. All room prices are per room for your entire stay and all prices are displayed including VAT/sales tax and all other taxes (subject to change of such taxes), unless stated differently on our Platform or the confirmation email/ticket. Ticket prices are per person or group and subject to validity as indicated on the ticket, if applicable. Applicable fees and taxes (including tourist/city tax) may be charged by the Supplier in the event of a no-show or cancellation fee. Applicable taxes may be charged by the accommodation in the event of a no-show or cancellation fee.
Sometimes cheaper rates are available on our Platform for a specific stay, product or service, however, these rates made available by Suppliers may carry special restrictions and conditions, for example non-cancelable and non-refundable. Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation.
The crossed-out rate shown for rooms is based on the third highest current price of the Supplier for your product or service with the same booking conditions in a 30-day window around your check-in date (15 days before and 15 days after check-in date; if less than 15 days are between today and the check-in date, we will use the corresponding number of days after the check-in date to result in a 30-day total). To ensure we are making a fair comparison, we always use the same reservation conditions (e.g. meal plan, cancellation policy and room type). This means that you get the same room for a lower price compared to other check-in dates at the same time of year.
We want you to pay the lowest price possible for your stay. Should you find your accommodation, with the same reservation conditions, at a lower rate on the Internet after you have made a reservation through us, we will match the difference between our rate and the lower rate under the terms and conditions of the Best Price Guarantee.
The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such.
Privacy and Cookies
Luxplorer respects your privacy. Please take a look at our Privacy and Cookies Policy for further information.
Free of Charge
Our Service is free of charge because, unlike many other parties, we will not charge you for our Service or add any additional (reservation) fees to the rate.
Suppliers pay a commission (being a small percentage of the product price (e.g. room price)) to Luxplorer after the end user has consummated the service or product of the Supplier or after the guest has stayed at (and paid) the property.
Credit Card or Bank Transfer
If applicable and available, certain Suppliers offer the opportunity for reservations to be paid (wholly or partly and as required under the payment policy of the accommodations) to the Supplier during the reservation process, by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, Luxplorer facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) at the election of the Supplier (Luxplorer never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the Supplier through a third-party payment processor. Any payment facilitated to the Supplier in this manner will, in each case, constitute a payment of (part of) the booking price by you of the relevant product or service in the final settlement (bevrijdende betaling) of such (partial) due and payable price, and you cannot reclaim such paid monies.
When a reservation is paid by credit or debit card, it will be processed by eNett International USA, LLC (for credit or debit cards issued in the United States excluding American Express) or eNett International (UK) Limited (trading as “Hotel Booking Services”) (for all other cards and all American Express cards), which act as an independent third party and the merchant of record. eNett International USA, LLC (for credit or debit cards issued in the United States excluding American Express) or eNett International (UK) Limited (for all other cards and all American Express cards) is appointed by, and has a contractual relationship with, the Supplier to process your reservation payment as the Supplier’s agent. eNett International USA, LLC (for credit or debit cards issued in the United States excluding American Express) or eNett International (UK) Limited (for all other cards and all American Express cards) will be identified as the merchant of record. Upon receipt of payment by eNett International USA, LLC (for credit or debit cards issued in the United States excluding American Express) or eNett International (UK) Limited (for all other cards and all American Express cards), your obligation to the accommodation provider is extinguished.
Although eNett International USA, LLC (for credit or debit cards issued in the United States excluding American Express) or eNett International (UK) Limited (for all other cards and all American Express cards) take ultimate responsibility for the credit card or debit card payment, Luxplorer will take care of Customer Support in case of questions related to a reservation paid by credit card or debit card.
If you are paying a reservation by credit card or debit card processed by eNett International (UK) Limited, the transaction will be governed by the laws of England and Wales, to the extent permitted by applicable laws.
For certain (i.e. non-refundable) rates or special offers, note that Suppliers may require that payment be made upfront by wire transfer (if available) or by credit card or debit card. Therefore, your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the reservation. Check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. You will not hold Luxplorer or EMS liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Supplier and not (re)claim any amount for any valid or authorized charge by the Supplier (including for pre-paid rates, no-show, and chargeable cancellation) of your credit card or debit card.
In the event of fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorized transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email (customer.relations@Luxplorer). State “credit card fraud” in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Luxplorer’s secure server, and the unauthorized use of your credit card resulted through our default or negligence, and through no fault of your own while using the secure server.
Prepayment, Cancellation, No-shows and The Fine Print
By making a reservation with a Supplier, you accept and agree to the relevant cancellation and no-show policy of that Supplier, and to any additional (delivery) terms and conditions of the Supplier that may apply to your visit or stay (including The Fine Print of the Supplier made available on our Platform and the relevant house rules of the Supplier), including for services rendered and/or products offered by the accommodation provider (the delivery terms and conditions of an accommodation provider can be obtained with the relevant accommodation provider). The general cancellation and no-show policy of each Supplier is made available on our Platform on the Supplier information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Please note that certain rates or special offers are not eligible for cancellation or change. Applicable city/tourist tax may still be charged by the Supplier in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a reservation which requires down payment or (wholly or partly) prepayment may be canceled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant payment date in accordance with the relevant payment policy of the Supplier and the reservation. Cancellation and prepayment policies may vary according to room type. Please carefully read The Fine Print (below the room types or at the bottom of each Supplier page on our Platform) and Important Information in your reservation confirmation for additional policies as may be applied by the Supplier (e.g. with respect to age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Supplier agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the accommodation provider’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Supplier so they know when to expect you to avoid cancellation of your reservation or room or charge of the no-show fee. Our Customer Service department can help you if needed with informing the Supplier. Luxplorer does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Supplier.
(Further) Correspondence and Communication
By completing a booking, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your reservation and destination, and (ii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. Please see our Privacy and Cookies Policy for more information about how we may contact you.
Luxplorer disclaims any liability or responsibility for any communication with the Supplier on or through its platform. You cannot derive any rights from any request to, or communication with the Supplier or (any form of) acknowledgement of receipt of any communication or request. Luxplorer cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Supplier.
In order to duly complete and secure your reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against Luxplorer or in respect to the Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check-out date). Any claim or complaint that’s submitted after the 30-day period may be rejected, and the claimant shall forfeit their right to any (damage or cost) compensation.
Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position (if needed).
Ranking, Preferred Program, Stars and Guest Reviews
The default setting of the ranking of Suppliers on our Platform is “Recommended” (or any similar wording) (the “Default Ranking”). For your convenience, we also offer other ways to rank the Supplier. Note that the Default Ranking is created through a fully automated ranking system (algorithm) and is based on multiple criteria, which include not only the popularity of a Supplier among our visitors, but also customer service history and certain booking-related data (number of bookings, cancellations, conversion rate, etc). On-time payment of commission by a Supplier and the commission percentage are also included in the algorithm; however, they are two of the several (but definitely not leading) factors in the Default Ranking.
In certain cities and regions, Luxplorer operates a preferred partnership program, allowing certain Suppliers that meet and maintain the preferred program terms to be listed ahead of the rest of the Suppliers in the default “Recommended” ranking for the relevant city/region. The preferred Suppliers are marked with a “thumbs-up” symbol and in return for this high ranking, the preferred Supplier pays a higher commission. Only Suppliers that meet and maintain certain qualification criteria can be listed as preferred.
The stars used for non-hotel accommodations (e.g. bed & breakfasts) do not correspond to the star ranking system as may be applicable to hotel accommodations.
The completed guest review may be (a) uploaded onto the relevant Supplier’s information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Supplier, and (b) (wholly or partly) used and placed by Luxplorer at its sole discretion (e.g. for marketing, promotion or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Luxplorer. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Supplier as made available on our Platform, (iii) the services rendered or the products offered by the Supplier or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Supplier or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Whether or not the Supplier has charged you for your room, product or service, or if we are facilitating the payment of the (room/reservation) price, you agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (room/reservation) price to the relevant tax authorities. Luxplorer is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (room/reservation) price to the relevant tax authorities. Luxplorer does not act as the merchant of record for any product or service made available on the Platform.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Luxplorer may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Luxplorer at its discretion sees fit. You are granting Luxplorer a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Luxplorer at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to Luxplorer publishing and using these photos/images. Luxplorer does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Luxplorer. Luxplorer disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Luxplorer at any time and without prior notice.
Intellectual Property Rights
Unless stated otherwise, the software required for our services or available on or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Luxplorer, its suppliers or providers.
Luxplorer exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Luxplorer. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Dutch law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands.
The original UK English version of these Terms and Conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the UK English version and any other language version of these terms and conditions, the UK English language version to the extent permitted by law shall apply, prevail and be conclusive. The UK English version is available on our Platform (by selecting “English (UK)” language) or shall be sent to you upon your written request.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
Use of the Website
As a condition of your use of the Services, you warrant that (i) all information supplied by via the Services to Luxplorer is true, accurate, current and complete, (ii) if you are an Account Holder, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you are 13 years of age or older (in some jurisdictions, local laws may have an older age requirement) in order to register for an account, use the Services and contribute to our websites, and (iv) you possess the legal authority to enter into this Agreement and to use the Services, including our websites in accordance with all terms and conditions herein. Luxplorer do not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny anyone access to the Services, at any time and for any reason, including, but not limited to, for violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with the Luxplorer Companies. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.
Copying, transmission, reproduction, replication, posting or redistribution of (a) Content or any portion thereof and/or (b) the Services more generally is strictly prohibited without the prior written permission of the Luxplorer Companies. To request permission, please contact Luxplorer via email: email@example.com.
In order to access certain features of the website, you will need to become an Account Holder by creating an account. When you create an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date.
If you are creating a Luxplorer account for commercial purposes and are accepting this Agreement on behalf of a company, organisation or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative”.
Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such shared Content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where the Luxplorer Companies provide details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that the Luxplorer Companies are in no way responsible or liable for any such third party sites or apps.
Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that Luxplorer may place advertising and promotions on the Services alongside, near, adjacent or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.
Luxplorer, from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that Luxplorer have no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.
We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. For example, if you use or purchase such additional services for commercial or business purposes, you must agree to the applicable additional terms. To the extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific services.
The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Luxplorer or licensed to Luxplorer by third parties. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services. Additionally, you agree not to:
- (i) use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by the Luxplorer Companies;
- (ii) access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
- (iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
- (iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- (v) deep-link to any portion of the Services for any purpose without our express written permission;
- (vi) “frame”, “mirror” or otherwise incorporate any part of the Services into any other websites or service without our prior written authorisation;
- (vii) attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by the Luxplorer Companies in connection with the Services;
- (viii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; or
- (ix) download any Content unless it’s expressly made available for download by the Luxplorer.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENCE GRANT
If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law, (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of your Content by Luxplorer or their licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (d) you forever release Luxplorer and their licensees, successors and assigns, from any claims that you could otherwise assert against Luxplorer by virtue of any such moral rights.
Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.
The Services may contain discussion forums, bulletin boards, review services, travel feeds or other forums in which you may post your Content, such as reviews of travel experiences, messages, materials or other items (“Interactive Areas”). If Luxplorer provides such Interactive Areas on the websites, you are solely responsible for your use of such Interactive Areas and use them at your own risk. Luxplorer do not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area. To the extent that any entity that is one of Luxplorer provides any form of private communication channel between Account Holders, you agree that such entity(ies) may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that Luxplorer do not edit or control the user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards or other communications forums, and will not be in any way responsible or liable for such messaging. In particular, Luxplorer does not edit or control users’ Content that appears on the websites. Luxplorer nevertheless reserve the right to remove without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal is reasonably necessary to safeguard the rights of Luxplorer and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you may contact Luxplorer using firstname.lastname@example.org to make your objections. By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with Luxplorer’s published guidelines, as are in force at the time of submission and made available to you by Luxplorer. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:
- Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE), the NASDAQ or the London Stock Exchange;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy or providing or creating computer viruses;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
- Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Luxplorer;
- Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, National Insurance numbers and credit card numbers. Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
- Is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- In the sole judgment of Luxplorer, (a) violates the previous subsections herein, (b) violates Luxplorer’s related guidelines as made available to you by Luxplorer, (c) is objectionable, (d) restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services, or (e) may expose any of Luxplorer or their users to any harm or liability of any type.
Luxplorer take no responsibility and assume no liability for any Content posted, stored, transmitted or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are Luxplorer liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Luxplorer is not liable for any statements, representations or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although Luxplorer has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Luxplorer reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on their behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense.
Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.
Booking Holiday Rentals, Restaurant Reservations and Experiences with Third-Party Suppliers.
Some of Luxplorer’s corporate affiliates act as marketplaces to facilitate travellers’ ability to (1) enter into holiday rental agreements with property owners and managers (“Holiday Rentals”), (2) make reservations for restaurants (“Restaurants”) and/or (3) make reservations for tours, activities and attractions (variously, “Experiences”) with third-party suppliers of such Experiences (each such supplier of a holiday rental and/or Experience to be referred to as an “Advertiser”). Those corporate affiliates of Luxplorer syndicate their advertisements to other entities within the Luxplorer Companies group and that is why you see them on the Luxplorer Companies’ websites. As a user, you must be responsible for your use of the Services (including, in particular, the Luxplorer’s websites), and any transaction involving Holiday Rentals, Restaurants or Experiences facilitated by Luxplorer’s corporate affiliates. We do not own, manage or contract for any Holiday Rental, Restaurant or Experience listed on the Services.
Because neither Luxplorer nor its corporate affiliates are parties to Holiday Rental transactions, Restaurant reservations or Experience-related transactions between travellers and Advertisers, any dispute or conflict involving an actual or potential transaction between you and an Advertiser, including the quality, condition(s), safety or legality of a listed Holiday Rental, Restaurant or Experience, the accuracy of the listing Content, the Advertiser’s ability to rent a Holiday Rental property, provide you with a reservation, meal or other service at a Restaurant or provide an Experience, or your ability to pay for a Holiday Rental property, a Restaurant meal or service or an Experience, is solely the responsibility of each user.
One of Luxplorer’s corporate affiliates may act as an Advertiser’s limited agent solely for the purpose of transmitting your payment to the Advertiser. You agree to pay an Advertiser, or a Luxplorer corporate affiliate acting as limited payment collection agent on behalf of an Advertiser, any specified fee(s) charged by the Advertiser for any Holiday Rental reservation or Experience.
When you book travel reservations with third-party suppliers or plan trips using the Services, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. Luxplorer accept no liability for travellers who are refused entry onto a flight or into any country because of the traveller’s failure to carry the travel documents required by any airline, authority or country, including countries the traveller may just be passing through en route to his or her destination.
It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Luxplorer urges travellers to investigate and review travel prohibitions, warnings, announcements and advisories issued by their own governments and destination country governments prior to booking travel to international destinations. For example, information on conditions in various countries and the level of risk associated with travel to particular international destinations is provided by the United States Government at www.state.gov, www.tsa.gov,www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, LUXPLORER DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
The information, software, products and services published on or otherwise provided via the services may include inaccuracies or errors, including reservation availability and pricing errors. The luxplorer companies do not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information and description of the accomodation, experiences, air, restaurant or any other travel products displayed on the services (including, without limitation, the pricing, availability, photographs, list of accomodation, experience, air, restaurant or other travel product amenities, general product descriptions, reviews and ratings, etc.). In addition, Luxplorer expressly reserve the right to correct any availability and pricing errors on the services and/or on pending reservations made under an incorrect price.
Luxplorer makes no representations of any kind about the suitability of the services, including the information contained on its websites or any portion thereof, for any purpose, and the inclusion or offering of any products or service offerings on its websites or otherwise through the services does not constitute any endorsement or recommendation of such products or service offerings by luxplorer, notwithstanding any awards distributed based on user reviews. All such information, software, products and service offerings made available by or through the services are provided “as is” without warranty of any kind. Luxplorer disclaims all warranties, conditions or other terms of any kind that the services, its servers or any data (including email) sent from luxplorer, are free of viruses or other harmful components. To the maximum extent permitted under applicable law, luxplorer hereby disclaims all warranties and conditions with regard to this information, software, products and the services, including all implied warranties and conditions or terms of any kind as to of merchantability, fitness for a particular purpose, title, quiet possession and noninfringement.
Luxplorer also expressly disclaim any warranty, representation or other term of any kind as to the accuracy or proprietary character of the content available by and through the services.
The third party suppliers providing accomodations, flight, rentals, experiences, restaurants or cruise information, travel or other services on or through the services are independent contractors and not agents or employees of the luxplorer companies. Luxplorer is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage or other damages or expenses resulting therefrom. Luxplorer has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and it has no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
Subject to the foregoing, you use the services at your own risk and in no event shall Luxplorer be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of the services or with the delay or inability to access, display or use the services (including, but not limited to, your reliance upon reviews and opinions appearing on or through the services; any viruses, bugs, trojan horses, information, software, linked sites, products and services obtained through the services (including, but not limited to any luxplorer syncronisation product); personal injury or property damage, of any nature whatsoever, resulting from your use of the services’ servers and/or any and all personal information and/or financial information stored therein; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content; or otherwise arising out of the access to, display of or use of the services) whether based on a theory of negligence, contract, tort, strict liability or otherwise, and even if luxplorer or its corporate affiliates has been advised of the possibility of such damages.
LINKS TO THIRD-PARTY SITES
The Services may contain hyperlinks to websites operated by parties other than Luxplorer. Such hyperlinks are provided for your reference only. Luxplorer do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Luxplorer inclusion of hyperlinks to such websites does not imply any endorsement of the material on such third party websites or apps or any association with their operators.
COPYRIGHT AND TRADEMARK NOTICES
The look and feel of the Services, including our websites, as well as all page headers, custom graphics, button icons and scripts related to same, is the service mark, trademark and/or trade dress of Luxplorer and may not be copied, imitated or used, in whole or in part, without the prior written permission of Luxplorer. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Except to the extent noted elsewhere in this Agreement, reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation there of by Luxplorer.
All rights reserved. Luxplorer is not responsible for content on websites operated by parties other than Luxplorer.
Notice and Take-Down Policy for Illegal Content
Luxplorer operates on a “notice and takedown” basis. If you have any complaints or objections to Content, including user messages posted on the Services, or if you believe that material or content posted on the Services infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure via email at email@example.com. Once this procedure has been followed, Luxplorer will respond to valid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content within a reasonable time.
MODIFICATIONS TO THE SERVICES; TERMINATION
Luxplorer may change, add or delete these terms and conditions of this Agreement or any portion thereof from time to time in its sole discretion where we deem it necessary for legal, general regulatory and technical purposes, or due to changes in the Services provided or nature or layout of Services. Thereafter, you expressly agree to be bound by the terms and conditions of this Agreement as amended.
Luxplorer may change, suspend or discontinue any aspect of the Services at any time, including availability of any of the Services’ features, databases or Content. Luxplorer may also impose limits or otherwise restrict your access to all or parts of the Services without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where Luxplorer and/or its corporate affiliates consider(s) in its/their sole discretion that you are in breach of any provision of this Agreement or of any law or regulation and where Luxplorer and/or its corporate affiliates decide to discontinue providing any aspect of the Services.
Your continued use of the services now, or following the posting of any such notice of any changes, will indicate acceptance by you of such modifications.
Luxplorer may terminate this Agreement with you at any time, without advanced notice, where it believes in good faith that you have breached this Agreement or otherwise believes that termination is reasonably necessary to safeguard the rights of Luxplorer and/or others users of the Services. That means that we may stop providing you with Services.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes may not be updated on a daily basis. The information supplied is believed to be accurate, Luxplorer do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorise the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution and use of this information for commercial purposes.
We reserve the right to reclaim any username, account name, nickname, handle or any other user identifier for any reason without liability to you.
You agree that no joint venture, agency, partnership or employment relationship exists between you and Luxplorer and/or its corporate affiliates as a result of this Agreement or use of the Services.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of the Services within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in this Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Luxplorer with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Luxplorer with respect to the Services. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.