Terms and Conditions

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with any industry-specific regulations other than as set out in Sections B and C.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos contained therein (the ‘Marks’). For the avoidance of doubt, we make no representations relating to any intellectual property pertaining to Third-Party Services or belonging to Third-Party Service Providers.

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United Kingdom and around the world.

The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the Prohibited Activities section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access.

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@jointrotter.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the prohibited activities section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, request for a Third-Party Service, or other information about the Services (‘Submissions’), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (‘Contributions’). Any Submission that is publicly posted shall also be treated as a Contribution.

You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

**When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): **By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

• confirm that you have read and agree with our Prohibited Activities and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
• warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
• warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You agree to adhere to our community guidelines, a copy of which is available here and which we may amend from time to time at our sole discretion.

You are solely responsible for your Submissions and/or Contributions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the copyright infringements section below.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit, as well as information necessary for us to arrange the Third-Party Services on your behalf, will be true, accurate, sufficient, current, and complete; (2) you will maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. USER REGISTRATION

You will be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. PURCHASES AND PAYMENT

Membership Services: Payment

The Membership Services are available on a paid-for subscription basis.

Order process. To purchase a subscription, you must click on the ‘Set up Payment’ button in the Apps to place an order. When subscribing, you will be required to select the subscription term you require (monthly or annually) (“Subscription Term”). Confirmation that your order has been successfully submitted does not mean that your order has been accepted by us. Your order is an offer to buy a subscription to the Membership Services on these Legal Terms. Acceptance of your order by us takes place when we send you an order confirmation email, at which point a legally binding contract for the purchase is formed between you and us on these Legal Terms.

Rejecting your order. If we do not accept your order, for example because we have been unable to take payment, you are under 18 or live in a country for which we are not able to process your order for legal, compliance or logistical reasons, or there has been a mistake regarding the pricing or description of the Membership Services, we will email you and provide you with a refund if payment has already been taken. We have the right to reject any order for any reason.

Prices. Prices for the Membership Services will be set out on our Apps. All prices will be charged in the currency specified in the order process. They also include VAT at the applicable rate. Prices may change at any time. Such changes will not affect existing orders unless there is a pricing error (see paragraph above).

Payment. We accept the payment via Apple Pay and Google Pay. All credit card and debit card payments need to be authorised by the relevant card issuer. We will take payment from your card when you place your order.

Free Trial. We may from time to time make a free trial available for the Membership Services. Where we offer a free trial, it may only be used once and by first time users only. If you are offered this, then the free trial period for any subscription will last for the period of time specified when you signed up (“Trial Period”).

While you won’t be charged for your free trial, you’ll be upgraded to a paid subscription automatically at the end of the Trial Period. We will remind you that your Trial Period is about to end prior to your paid subscription starting. The reminder will also contain details of the price payable for the paid subscription. You will then have until 14 days after the date of your paid subscription starting to cancel in order to avoid being charged for the first Subscription Term.

Membership Services: Renewal

Your subscription will automatically renew at the end of your Subscription Term. If you purchase a Membership Services subscription, you will be charged the subscription fee stated on the Apps on the start date of your subscription. On each anniversary of the start date, your subscription will automatically renew for a further Subscription Term, and you will be charged a further subscription fee on or around that date.

By purchasing a subscription, you authorise us to take recurring payments from your card. Your subscription continues until cancelled by you or we terminate your access to or use of the Services or your subscription in accordance with these Legal Terms. For annual subscriptions, you will be reminded that your subscription is coming up to renewal on or around 14 days before the renewal date. The reminder will also contain details of the price payable for the renewal. You will then have until 14 days after the date of your renewal to cancel your subscription in order to avoid being charged for the renewed Subscription Term. However, you will lose this right as soon as you start using the Membership Services (i.e. when you first login to your Trotter account post subscription purchase).

Third-Party Services

As part of the Membership Services, we may arrange Third-Party Services to be provided to you. You will be responsible for paying any fees, costs, and charges associated with the Third-Party Services, either directly to the relevant Third-Party Service Providers or to us. You will be notified of the payment arrangements, the sums to be paid and the dates for payment at the time of making the booking. If you fail to make such any such payment in accordance with the payment arrangements disclosed to you at the time of booking, we or the Third-Party Service Provider may cancel your booking.

We may, in some cases, where notified to you, collect payment information from you in order to share with the relevant Third-Party Service Providers in order to facilitate your payment to such Third-Party Service Providers. However, we are in no circumstances liable for such payments, which are owed by you directly to the Third-Party Service Providers in respect of any Third-Party Service.

We accept the following forms of payment: direct bank transfer and debit/credit card (Visa MasterCard and American Express). We do not charge you a fee for using these cards. However, your bank or card issuer may apply an additional foreign transaction fee where you use a method of payment which is in a currency different to that charged by us (as made clear before you book and pay).

We reserve the right to refuse to facilitate the arrangement of any Third-Party Service placed through the Services.

6. REFUNDS AND CANCELLATIONS

Membership Services

You may cancel your subscription at any time, but please note that cancellation will only take effect at the end of the then-current subscription period, and you will not receive a refund for the subscription fee paid for that period. You may cancel your free trial at any time during the Trial Period.

Except in the circumstance listed in the next paragraph, you have the right to change your mind and cancel your subscription to the Membership Services within 14 days from the date of your order confirmation or account opening email. You can’t change your mind about an order for services (such as a year’s subscription to the Membership Services), once these have been completed (i.e. after that year has passed). To cancel, you can cancel in the settings of the Apps or the Google Play or App Store (as relevant).

You have to pay for services you received before you change your mind. If you bought a subscription to the Membership Services, we don’t refund you for the time you were receiving it before you told us you’d changed your mind.

We refund you as soon as possible and within 14 days of you telling us you’ve changed your mind. We refund you by the method you used for payment. We don’t charge a fee for the refund.

Third-Party Services

Except as set out in limited circumstances in Section C, we are not responsible for the Third-Party Services, or for any act or omission of the Third-Party Service Providers. We therefore cannot be responsible for any failure to provide or improper performance of the Third-Party Services. To the extent that you have any claim in relation to a guarantee, refund, concession or other remedy of any kind in relation to the Third-Party Service, you must bring such a claim against the Third-Party Service Provider.

7. PROHIBITED ACTIVITIESNT

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us or any Third-Party Service Provider.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained in connection with the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorised framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (‘gifs’), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pcms’).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
• Sell or otherwise transfer your profile.
• Use the Services to advertise or offer to sell goods and services.

Please note that use of the Services is subject to your computer and/or device complying with our minimum standard technical specifications and compatibility requirements which are available here.

8. USER GENERATED CONTRIBUTIONS

The Membership Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Membership Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, ‘Contributions’). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. CONTRIBUTION LICENCE

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

10. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

Third-Party Service Providers may have their own restrictions and obligations in respect of reviews for Third-Party Services, of which we have no visibility. It is your responsibility to comply with any obligations placed on you by Third-Party Service Providers.

11. APPLICATION LICENCE

Use Licence

If you access the Services via the Mobile App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Mobile App on wireless electronic devices owned or controlled by you, and to access and use the Mobile App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms.

Regardless of whether you access the Services via the Mobile App or Web App, you shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Apps; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Apps; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the Apps; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the Apps; (5) use the Apps for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the Apps available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the Apps for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Apps; (8) use the Apps to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Apps.

Apple and Android Devices

The following terms apply when you use the Mobile App obtained from either the Apple Store or Google Play (each an ‘App Distributor’) to access the Services: (1) the licence granted to you for our Mobile App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the Mobile App as specified in the terms and conditions of this mobile application licence contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App; (3) you must comply with applicable third-party terms of agreement when using the Mobile App, e.g. if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Mobile App; and (4) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application licence contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application licence contained in these Legal Terms against you as a third-party beneficiary thereof.

12. THIRD-PARTY WEBSITES, SERVICES AND CONTENT

The Services may contain (or you may be sent via the App) links to other websites (‘Third-Party Websites’), both relating to the Third-Party Services and otherwise, as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (‘Third-Party Content’). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites, to use or install any Third-Party Content or to access any Third-Party Services without our involvement on your behalf, you do so at your own risk, and you should be aware these Legal Terms no longer govern.

You are responsible at all times for your compliance with the terms and policies of Third-Party Service Providers and you should review such applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services, any Third-Party Service whether arranged by us on your behalf or by you directly, or relating to any applications you use or install from or in connection with the Services.

Any purchases of Third-Party Services you make from Third-Party Service Providers, whether through Third-Party Websites or via our Services as an intermediary marketplace, will be from Third-Party Service Providers, and, except as set out in Section C, we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable Third-Party Service Provider. You agree and acknowledge that we do not endorse the Third-Party Services, the Third-Party Service Providers, nor any other services offered on Third-Party Websites, and you shall hold us blameless from any harm caused by your purchase of such products or services including the Third-Party Services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

13. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

14. SERVICES MANAGEMENTNT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

For the avoidance of doubt, we do not manage the Third-Party Services and are not responsible for enforcing any rights or obligations in relation to the Third-Party Services or Third-Party Service Providers.

15. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom. However, as set out in more detail in our Privacy Policy, we will often rely on a lawful basis other than consent when processing your personal data including but not limited to performance of these Legal Terms.

16. COPYRIGHT INFRINGEMENTSENT

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a ‘Notification’). A copy of your Notification may be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

We are not responsible for any intellectual property owned or licensed by the Third-Party Service Providers (or any other third-party) and have no obligation to assist you in relation to any purported or actual infringement relating to any aspect of the Third-Party Services.

17. TERM AND TERMINATION

Withdrawal of the Services

We can stop providing the Services at any time. We let you know at least 30 days in advance, and we refund any sums you’ve paid in advance for Membership Services which won’t be provided.

Our termination of your account

These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Termination or expiry of these Legal Terms for any reason shall have no effect on any agreement between you and any Third-Party Service Provider, whether arranged by us on your behalf or otherwise. You acknowledge that you may have obligations to Third-Party Service Providers that survive termination or expiry of these Legal Terms.

Your account closure

You may close your account with us at any time by:

• sending an email to support@jointrotter.com; or
• clicking ‘delete your account’ in settings on the Apps and following the termination steps.

Important: If you have an ongoing paid subscription, you will also need to unsubscribe from the Membership Services via your iTunes / App Store account to ensure your account is fully closed.

Consequences of account closure

When your account is closed, your access to the Services will cease. You will lose all purchases when we close your account.

We will on request provide you with a copy of your Content within 30 days of your account closure in a machine-readable format.

Otherwise, we will cease to use and delete all content stored in your account and your user details (except where we are required by law to retain such details).

Any user details that are retained will be archived in a non-active database in accordance with our Privacy Policy.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. We will provide updates, including security updates, to the Services to ensure that it always complies with the terms of our contract with you. We might ask you to install these updates.

In addition, we may also modify the Services for other reasons for example, so that we can reach a greater number of users, to improve and add to the services available with and for technical or other important operational reasons, and to remove services that do not prove to be popular with our users. Where this is the case, there will be no additional cost to you, and we will usually inform you of the change by email. We will inform you by email reasonably in advance of:

• the features and time of the modification;
• for non-paying subscribers, your right to close your account as set out at paragraph 17; and
• for paying subscribers, your right either to terminate the Membership Services at any time within 30 days of the date of the modification (or your receipt of the notice about it, if later) and receive a refund for any products you’ve paid for in advance, but not received, or to maintain the Membership Services without the modification.

We will implement these changes by providing you with updates, including security updates, to the Services, as necessary.

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the ‘Last updated’ date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

19. GOVERNING LAW AND JURISDICTION

These Legal Terms and any dispute or claim (including non-contractual disputes or claims) arising out of them, their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales, and the use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If your habitual residence is in an EU Member State to which we are directing our sales and marketing activities, and you are a Consumer, nothing in these Legal Terms shall prevent you from relying upon the mandatory Consumer protections of the law of the country of your habitual residence.

You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Booking Conditions or their subject matter or formation. If your habitual residence is in an EU Member State to which we are directing our sales and marketing activities, and you are a Consumer, you may also bring any claim otherwise subject to this clause in the courts of the country of your habitual residence.

20. DISPUTE RESOLUTION

Any dispute arising from or in connection with these Legal Terms or your use of the Services shall be dealt with by engaging in the first instance with each other in good faith to try and resolve such dispute before any formal legal process. If you have a complaint or wish to raise a concern, please do so by emailing support@jointrotter.com or by writing to us at 1 Berkley Street, London W1J 8DJ, United Kingdom.

We have no responsibility to you or any third-party in connection with the Third-Party Services, which may be governed by their own dispute resolution procedures and terms. You acknowledge that we will not be able to resolve such disputes with Third-Party Service Providers and that enforcement of your rights under any agreements with Third-Party Service Providers is your responsibility.

21. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

22. DISCLAIMER

We agree to provide the Services to ‘Consumers’ (i.e. natural persons acting outside the individual’s trade, business, craft or profession) with reasonable skill and care. Without prejudice to this duty, and to the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or mobile applications linked to the Services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (3) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

23. LIMITATIONS OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid by you for the Services over the 12-month period prior to the event giving rise to liability.

Nothing in this clause 23 shall exclude or limit our liability for: (1) death or personal injury caused by our negligence; (2) fraud or fraudulent misrepresentation; (3) any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability; and (4) breach of your statutory rights as a Consumer under applicable Consumer protection laws.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights (including but not limited to intellectual property rights) of a third party (including but not limited to Third-Party Service Providers),; (6) any overt harmful act toward any other user of the Services with whom you connected via the Services; or (7) your use of the Third-Party Services whatsoever. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

If you are a Consumer, this indemnity clause shall be applied fairly and reasonably, and nothing in this clause will limit or exclude your statutory rights as a Consumer under applicable law.

25. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. You understand and acknowledge that we may share this data with Third-Party Service Providers where necessary for us to perform the Services.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

27. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. Except to the limited extent set out in Section C, we shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

28. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

1. YOUR RELATIONSHIP WITH US

You may use the Services to book travel services such as flights, accommodation, car hire, third party package holidays or other tourist services (such as music or sporting events, restaurants or other curated experiences) (“Travel Services”). We do not own, operate or provide these Travel Services and our only role is to arrange for you to enter into a contract with the Third-Party Service Provider responsible for the provision of the Travel Service to you.

2. RESPONSIBILITY OF THE PERSON MAKING THE BOOKING

If you are booking Travel Services for yourself and others, you will be the lead name on the booking and the person responsible for the booking. You will be responsible for paying the sums due in relation to the booking, including the deposit and the full price, for making any amendment and cancellation requests, for paying any additional charges in relation to the booking and for all other matters concerning the booking.

You agree to ensure that the details provided for all parties to the booking are full and accurate, that all descriptions on the travel documentation received after booking are accurate and to inform us immediately of any errors or instances where personal details do not correspond with those shown on the passports of those travelling under the booking.

3. BOOKING TRAVEL SERVICES WITH US

All bookings for Travel Services are subject to availability at the time of booking. We try hard to make sure that our Services are kept up to date, but we do not guarantee that any of the Travel Services we make available will still be available at the time of booking. We will inform you as soon as possible after you place a booking if, for any reason, the Travel Service you have sought to book with us is not available.

A contract will only come into existence between you and the Third-Party Service Provider when you have paid the price payable on booking and we (or the Third-Party Service Provider) have issued a booking confirmation to you. We and the Third-Party Service Provider will not issue a confirmation of booking if we discover an error in the pricing of the Travel Service or if the Travel Service is no longer available.

If, for any reason, we are unable to accept your booking, we will inform you of this and will not process your booking further. We will then arrange for you to be refunded any part of the Travel Service already paid, unless you decide to use that payment towards a different booking.

If you have any special requests, you must let us know during the booking process. We will attempt to pass on all reasonable requests to the Third-Party Service Provider at our sole discretion, but we cannot guarantee that such requests will be met by the Third-Party Service Provider.

If you have a medical condition or a member of your party is a person of reduced mobility, please let us know before making a booking so we can ensure that the Travel Service is suitable for you.

4. PRICE OF TRAVEL SERVICES

We may change the advertised price of any Travel Service from time to time. We try hard to make sure that the advertised price is the most up-to-date price, but prices can change at short notice. We will confirm the actual price at the time of booking.

If we discover a pricing error after you have placed a booking request but before it has been confirmed, and the actual price is lower than that given to you at the time of booking, we will only charge you the lower amount. If the price is higher, we will contact you for instructions or reject your booking (at our sole discretion) and notify you of this so that you can decide what you would like to do.

We are under no obligation to supply you with a Travel Service which is incorrectly priced, even after we or the Third-Party Travel Provider have issued a confirmation of booking, if the error should reasonably have been apparent to you. In these circumstances, we may contact you for instructions or cancel your booking and notify you so that you can decide what you would like to do.

5. PAYMENT

When you make a booking with us for a Travel Service, you must pay the amounts stated at the times stated at the time of booking. If you do not do so, we or the Third-Party Travel Provider may cancel your booking immediately and retain any sum you have already paid by way of a cancellation charge. In the event of such cancellation, we shall have no liability to you and the provisions of paragraph 36 below shall not apply.

6. CHANGES BY YOU

If you wish to make a change to your booking after receipt of your booking confirmation, please contact us. We do not have a legal obligation to make such changes, but we may, at our sole discretion, try to accommodate your request by discussing this with the Third-Party Service Provider. Please understand that it is often not possible for changes to be accommodated as these depend on availability and the terms and conditions of the Third-Party Service Providers.

If the Third-Party Service Providers agree to make a change, you agree to pay us an amendment fee which covers our administration charges and the charges imposed by the Third-Party Service Providers in making your required change. These will be disclosed to you before making your amendment. Please note that these charges can be substantial and such costs tend to increase the closer to the departure date that the change is made. For instance, certain Travel Services (e.g. a flight) may incur a 100% cancellation charge to make a change.

7. CANCELLATION BY YOU

You may cancel your booking at any time by using the Service. If you do so, you agree to pay any cancellation charges imposed by the Third-Party Service Providers and any administration costs which we incur in processing this cancellation request. You agree that we and the Third-Party Service Provider may retain any sums you have already paid in order to meet these cancellation charges.

8. AMENDMENTS AND CANCELLATIONS BY THE TRAVEL PROVIDER

If the Third-Party Service Providers make an amendment to or cancel your Travel Services, your rights in relation to such changes will set out in your agreement with the Third-Party Service Providers. The Third-Party Service Providers may address notice of such changes directly to you, in which case you will deal directly with the Third-Party Service Providers in relation to such changes and any refunds or alternative arrangements which are offered. Alternatively, the Third-Party Service Provider may give notice of such changes to us, in which case we shall act as an intermediary in passing notice of such changes to you and taking your instructions on any alternative options offered by the Third-Party Service Providers, but otherwise we shall have no liability to you in relation to such amendments and cancellations.

9. OUR RESPONSIBILITY AND LIABILITY

As we only act as an agent in the booking of Travel Services through our Services, we shall have no responsibility to ensure the proper performance of the Travel Servies and we shall have no liability to you for any failure to perform or improper performance of the Travel Service. Similarly, we shall have no responsibility or liability to you for any other acts or omissions by the Third-Party Service Providers.

Our only responsibility to you is to use reasonable skill and care in making the booking for your Travel Services with the Third-Party Service Providers. If we breach this obligation, we shall compensate you for any losses or damages that you incur as a direct result of our breach. However, such compensation shall be limited to three times the value of your booking. We shall also not be liable to compensate you for any indirect or consequential losses, such as costs you may have incurred in booking other arrangements to complement or in anticipation of the Travel Services you have booked using the Services.

10. LOCAL EXPERIENCES

It may be possible for you to book a local experience or excursion during your holiday, such as a tour, experience, concert, activity, sports or adventure experience. Unless these are booked using our Services, they shall not form a part of your booking with us. You will be entering into a contract directly with the person making available the experience to you, over whom we have no control or relationship with in relation to that local booking. As such, we do not have any responsibility for the provision of these additional services, nor do we accept any liability if you suffer loss or damage whilst on a local experience.

11. YOUR BEHAVIOUR

It is important that you behave responsibly and with consideration for others during your holiday. Accordingly, to the extent that we, or one of the Third-Party Service Providers, reasonably believe that your actions could or have caused disruption or annoyance, or a risk of safety or damage to property, to us, our Third-Party Service Providers or other customers, or if it is reasonably believed that you are not fit to travel, then we or the Third-Party Service Providers may cancel your booking without further liability to you. In these circumstances, the provisions of paragraph 36 above shall not apply.

In the event that your behaviour causes loss or damage to any person or property for which we are liable, you agree to compensate us for such loss and damage, together with any legal costs which we may incur in pursuing this claim against you.

12. TRAVEL INFORMATION

Please note that you are responsible for the specific passport, visa and immigration requirements for your holiday. You should confirm these with the relevant embassies and/or consulates before booking and travel. Any information supplied by us on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.

The passport, visa and health requirements at the time of booking can be viewed on the Foreign, Commonwealth and Development Office’s website (<www.gov.uk/foreign-travel-advice>). It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. If you or any member of your party is not a British Citizen or holds a non-British Passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) you are travelling to or through. Neither we, nor the Third-Party Travel Providers, accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure.

13. INSURANCE

It is important that you have sufficient insurance in place to cover you (and your group) whilst you are away. It is a condition of your booking that you have such suitable insurance cover in place. Please ensure that you have a valid travel insurance policy in place from the time of booking, to cover you for the countries and activities you may be undertaking on your holiday. You should contact us to discuss this if you do not already have insurance in place.

14. RESOLVING DISPUTES

If anything is not to your satisfaction during your holiday, please immediately inform both us and the relevant Third-Party Service Providers who will endeavour to resolve your problem. It is important you advise us as well as the Third-Party Service Providers so we can both help to put things right without delay. We believe it is better for everyone to resolve problems that arise during your booking promptly so that you can enjoy your booking. However, if your complaint is not resolved locally, please follow this up within 28 days of your return home.

1. PACKAGES ORGANISED BY US

It is possible that you may book a “Package” of Travel Services for which we are considered to be the “organiser”. This shall be the case where, in using the Services and before agreeing to pay us, you create a bespoke itinerary which includes two different forms of Travel Services, namely: (i) international transport (e.g. flights); (ii) accommodation; (iii) car or motorcycle hire; and (iv) other tourist services such as concert or sports tickets, spa treatments, restaurant reservations or curated holiday experiences. If the only two Travel Services are another tourist service and one of (i) – (iii), then the other tourist service will need to be a significant part of the overall combination for there to be a package.

In relation to these Packages, the following clauses in this Section C shall apply in addition to those in Section B.

2. PRICE VARIATIONS

We may change the price of your Package after we have issued our booking confirmation in order to pass on to you changes in: (i) the price of the carriage of passengers resulting from changes in the cost of fuel or other power sources; (ii) the level of taxes or fees on the Travel Services included in your booking which are imposed by third parties other than the Third-Party Travel Providers (this includes tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports); or (iii) the exchange rates relevant to the Package. We shall only be able to change the price in this way if we notify you of any price increase at least 20 days before the start of your Package, together with a calculation and an explanation for this change.

If the price of your Package is increased by more than 8% of its total price, then you may:

(a) accept and pay for the price increase;

(b) reject the price increase and terminate your Package with a full refund; or

(c) reject the price increase, terminate your Package and take an alternative one if we decide to offer this. If you decide to take an alternative Package, we will inform you of its impact on the price of your booking.

We will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the price increase. If we do not hear from you within this timeframe, we shall send a reminder to you, following which we shall be entitled to terminate the Package and provide you with a refund.

You will be entitled to a price reduction corresponding to any decrease in the costs described in the paragraph above which occur after you have booked but before the start of your Package, although we will be entitled to deduct our administrative expenses of this process. You will be entitled to ask for a breakdown of these administrative expenses.

3. CHANGES BY YOU

You may transfer your Package to another person who satisfies all the conditions applicable to the Package, subject to you and the other person accepting that you will both be liable, jointly and individually, for full payment of any balance due to be paid and any fees, charges or other costs arising from the transfer. We shall notify you of these costs upon receipt of your request to transfer. In order to take advantage of this possibility, you must give us reasonable notice of this change so that we can make the necessary arrangements before the start of your Package.

4. CANCELLATION BY YOU

You shall have the right to cancel your booking before the start of the Package without paying any cancellation charge in the event of unavoidable and extraordinary circumstances (which is described in paragraph 51 below) (“Unavoidable and Extraordinary Circumstances”) occurring at the place of destination of your Package (or its immediate vicinity) provided we have confirmed to you that they will significantly affect the performance of the Package, or they significantly affect the carriage of passengers to the destination. If you cancel in this circumstance, we shall provide you with a full refund of any payments made in relation to your booking, but you will not be entitled to compensation.

5. AMENDMENTS BY US BEFORE THE START OF YOUR PACKAGE

As the arrangements which make up your Package are planned many months in advance, from time to time we may need to make a change to your Package. We reserve the right to do so at any time. Most changes are minor changes, however, occasionally we have to notify customers of a significant change that we are constrained to make to the main characteristics of the Package, or where we cannot fulfil any of your special requirements which we have accepted.

In the unlikely event that we have to make a significant change to your Package, we will tell you as soon as reasonably possible. You will then have the option to:

(a) accept the proposed change. If this results in a Package of lower quality or cost, you may be entitled to a price reduction;

(b) reject the proposed change and terminate your Package with a full refund; or

(c) reject the proposed change, terminate your Package and take an alternative one if we decide to offer this. If you decide to take an alternative Package, we will inform you of its impact on the price of your booking. If the alternative Package Holiday is of a lower quality or cost, you may be entitled to a price reduction.

We will give you a reasonable period of time to make your decision, which will usually be 7 days from notification of the proposed change. If we do not hear from you within this timeframe, we shall send a reminder to you, following which we shall be entitled to terminate the Package and provide you with a refund.

If you decide to reject the proposed change and terminate your Package with a full refund, you may also be entitled to compensation in accordance with paragraph 50 below.

We may not give you any of the above options in the event that a change to the purchased Package is a minor change. Please note that a change of flight time of less than 12 hours, a change of airline or aircraft (if originally identified), a change of departure or destination airport to one within the same region, or a change of accommodation to another of the same or higher standard usually qualify as minor changes.

6. CANCELLATIONS BY US BEFORE THE START OF YOUR PACKAGE

On rare occasions, we may have to cancel your Package and we reserve the right to do so. If we have to do so, we will notify you as soon as possible. We will also offer you an alternative Package if we are able to do so and inform you of its impact on the price of your booking. If the alternative Package is of a lower quality or cost, you may be entitled to a price reduction. If we cannot offer you an alternative, or even if you just prefer, we will provide you with a full refund of any payments made for the Package.

You may be entitled to compensation as a result of our cancellation of your Package in accordance with paragraph 50 below, except where we are prevented from providing the Package because of Unavoidable and Extraordinary Circumstances and we notify you of the cancellation without undue delay before the start of your Package.

7. OUR RESPONSIBILITY FOR THE PERFORMANCE OF THE PACKAGE

We do not own or provide any of the services, facilities or travel arrangements which make up your Package. These are provided by the Third-Party Service Providers.

We have a liability to you for the performance of the Travel Services included in your Package under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTR”), irrespective of the fact that such Travel Services are to be performed by the Third-Party Service Providers.

You must tell us immediately of any failure to perform or improper performance of your Package (“Failure”). This will give us the opportunity to resolve the Failure whilst you are on your holiday. If we refuse to do so, or if it is necessary to remedy the Failure immediately, then you may resolve the Failure yourself and request reimbursement of reasonable expenses from us. However, these rights will not arise if remedying the Failure is impossible or entails disproportionate costs. In that case, your only right will be to seek a price reduction or compensation in accordance with paragraph 50.

If a significant proportion of the Travel Services included in your Package cannot be provided as agreed in the booking, we shall offer, at no extra cost to you, suitable alternative arrangements for the continuation of the Package. The alternative arrangements shall, where possible, be of equivalent or higher quality than those specified in your booking. Where they are of lower quality you will be entitled to a price reduction as described in paragraph 50 below. You may only reject the alternative arrangements we offer to you if they are not comparable to what was agreed in the booking or if the price reduction is inadequate. If you do reject the alternative arrangements, or if we are not able to offer them, then you may, where appropriate, be entitled to a price reduction and/or compensation in accordance with paragraph 50.

If a Failure substantially affects the performance of the Package, and we have failed to remedy it within a reasonable period of time, you may decide to continue with your Package or terminate your booking without paying a termination fee. If you decide to terminate, then if your Package included carriage to the destination, we shall also repatriate you with equivalent transport without undue delay back to your place of departure and at no extra cost to you. You may, where appropriate, be entitled to a price reduction and/or compensation in accordance with paragraph 50.

If we are unable to ensure your return to your place of departure as agreed in your Package because of Unavoidable and Extraordinary Circumstances, we shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per passenger. This limitation shall not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we had been notified of their particular needs at least 48 hours before the start of the Package.

If a longer period of accommodation than that referred to in the paragraph above is provided for in Union passenger rights legislation (as described in the PTR) concerning your mode of return transport, or such legislation does not allow the transport provider to limit its obligations as described in the paragraph above in the event of Unavoidable or Extraordinary Circumstances, then the limits set out in such legislation will apply instead.

8. PRICE REDUCTION AND COMPENSATION FOR DAMAGES

You will be entitled to an appropriate price reduction for any period during which there is a Failure, unless the Failure is attributable to you.

You shall be entitled to receive appropriate compensation from us for any damage you sustain as a result of a Failure except where the Failure is:

(a) attributable to you;

(b) attributable to a third party unconnected with the provision of the Travel Services included in the Package and is unforeseeable or unavoidable; or

(c) due to Unavoidable and Extraordinary Circumstances.

We shall not be liable to pay compensation to you in connection with your Package where there are international conventions which limit the extent or the conditions under which compensation would have to be paid by one of the Third-Party Service Providers. These same limitations will apply to us and in an identical manner as if such limitations applied directly to us. These international conventions include (but are not limited to) the Montreal Convention in respect of travel by air (and all earlier related conventions), the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail (Convention concerning International Carriage by Rail (COTIF) of 9 May 1980), the Geneva Convention in respect of travel by road and the Paris Convention in respect of the provision of accommodation. We shall have the full benefit of any limitation of compensation which is contained in these conventions and any other international conventions which govern the travel arrangements which make up the Package. Please ask us for copies of these international conventions if you would like to see them.

Our liability will also be limited in accordance with the contractual terms of the Third-Party Service Providers which provide the transportation element of your Package and in an identical manner as if such limitations applied directly to us.

Our liability to you in connection with your Package shall be limited to a maximum of three times the cost of your Package, except in cases involving death, injury or illness where we or our Third-Party Service Providers have caused such damage intentionally or with negligence.

If you are granted compensation or a price reduction by another party in relation to the same Failure which you claim compensation or a price reduction from us, then we may deduct the compensation or price reduction you receive from the other party from that which is payable by us.

Except as set out above, we accept no liability for any claims, losses, expenses, damages or liability for your Package, except in cases involving death, injury or illness where we have caused such damage with negligence.

9. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES

In these Booking Conditions, where we refer to Unavoidable and Extraordinary Circumstances, it means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken.

This may cover for example warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the package travel contract.

10. PROMPT ASSISTANCE DURING YOUR HOLIDAY

We shall provide you with appropriate assistance without undue delay if you are in difficulty, in particular by providing appropriate information on health services, local authorities and consular assistance; and by helping you make distance communications and helping you find alternative travel arrangements. Typically, we do not charge for this assistance, although we do reserve the right to charge a reasonable fee for such assistance if the difficulty has been caused intentionally by you or through your negligence.

If you are in difficulty and you need our assistance, please contact us using the details set out in clause 28.

11. YOUR FINANCIAL PROTECTION

We do not organise flight-inclusive Packages. In relation to the non-flight Packages organised by us, we provide insolvency protection by holding your money is secure trust account which is overseen by an independent trustee. Your money remains in the trust account until your holiday has been performed, or alternatively upon it being repaid to you or forfeited by you on a cancellation. In the event of our insolvency and you wish to make a claim for a refund, you may contact the trustee at the following details: PT Trustees Limited, 2nd Floor, Nucleus House, 2 Lower Mortlake Road, Richmond, Surrey, TW9 2JA; email: info@pttrustees.com; tel: 0208 878 8490; https://pttrustees.com/.

1. YOUR RELATIONSHIP WITH US

You may use the Services to search and review Travel Services made available by Third-Party Service Providers for whom we are authorised only to market and advertise the Travel Services. You will not able to book these Travel Services with us as we are not appointed or authorised as a sales agent for the Third-Party Service Providers. If you wish to book these Travel Services, you will have to do so directly with the Third-Party Service Providers and you will be given details as to how to do so.

2. PRICE OF TRAVEL SERVICES

We may change the advertised price of any Travel Service from time to time. We try hard to make sure that the advertised price is the most up-to-date price, but prices can change at short notice. You will need to confirm the actual price of your chosen Travel Services with the Third-Party Service Providers at your time of booking with them.

3. RESPONSIBILITY FOR YOUR BOOKING

The Third-Party Service Provider will be responsible for:

• Confirming the availability and price of your chosen Travel Services before booking, taking your booking request and then confirming your booking.
• Confirming the arrangements for payment and/or taking your payment for the Travel Services.

As we only act as a marketing agent in the advertisement of the Travel Services, we shall have no responsibility to ensure the proper performance of the Travel Servies and we shall have no liability to you for any failure to perform or improper performance of the Travel Service. Similarly, we shall have no responsibility or liability to you for any failure by the Third-Party Service Providers to process your booking or for any other acts or omissions by the Third-Party Service Providers.

Our only responsibility to you is to use reasonable skill and care in communicating information about the Travel Services which are accurate and not misleading. If we breach this obligation, we shall compensate you for any losses or damages that you incur as a direct result of our breach. However, such compensation shall be limited to three times the value of your booking with the Third-Party Service Provider. We shall also not be liable to compensate you for any indirect or consequential losses, such as costs you may have incurred in booking other arrangements to complement or in anticipation of the Travel Services you have booked using the Services.

4. COMPLAINTS

Any complaints or disputes regarding the booking, supply or performance of the Travel Services should be resolved directly with the Third-Party Service Provider. We are not able to mediate the resolution of such disputes because we have no control over the Third-Party Service Providers.