Terms and Conditions
READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE SERVICE, YOU ARE TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
The services and the information (“Service”) that TravelPriceWatch.com (hereinafter referred to as “TravelPriceWatch,” “TravelPriceWatch.com”, “TPW”, “we”, “us”, “our”) offers through its Website, or by email are provided to help the Traveler (hereinafter referred to as “you”, “your”, “yourself”, “Traveler”, “Customer”, “Client” or “Visitor”) research travel information about prices in different destinations to plan your trip and get information about deals and other third-party travel-related services (“Travel”) from us or travel vendors.
The Service is designed for use by people who are 18 years of age. If you are not yet 18, then you cannot use the Service.
DESCRIPTION OF SERVICE
The Service is an independent price information database that allows Traveler to research and plan your trip. The Service is provided to you by us without charge and is not intended to provide legal, tax or financial advice. While we take care in providing correct and actual pricing information, we cannot guarantee any of the pricing information displayed on this website.
USE OF SERVICE
Your access and use of our Website may be interrupted from time to time for any reason, including, without limitation, maintenance, updates, web server and/or hosting issues, the malfunction of equipment or other actions that TravelPriceWatch, in our sole discretion, may choose to take. You are only entitled to access and use the Service for lawful purposes.
By using the Service you agree NOT to:
- Use the Service for any illegal purpose or in violation of any laws or regulations;
- Violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights;
- Upload, post, or publish any Content that is unlawful, defamatory, libelous, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
- Interfere with the security features of the Service (e.g., don’t disable or circumvent features that limit your use or copying of any User Content or reverse engineer the Service to discover the Source Code of the Service);
- Interfere with our operation of the Service or another user’s use of the Service (this means don’t upload or spread any viruses, adware, or spyware, don’t make unsolicited offers or promotions, don’t collect other people’s personal information, and don’t interfere with the networks or equipment that we use to provide the Service);
- Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism;
- access the Service using any bots, spiders, scripts, crawlers, scrapers, or other automated tools or applications (other than your web browser or any mobile app that we may publish);
- Copy the look and feel of the TravelPriceWatch.com website or access, download, copy, modify, distribute, perform, or use any content to create a similar or competitive service;
- Transfer your rights to use the Service or to view, access, or use any Materials; or attempt to do, or assist anyone else to do, any of these things.
LICENSE TO US
By submitting data, photos, materials, information, and other content to TravelPriceWatch through the Service, you represent that you are entitled to submit the content to TravelPriceWatch.com for use without any obligation by TPW to pay you any charges or other limitations. You give us permanent, transferable, worldwide, exclusive right to own, host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute your content (in whole or in part) in any formats and through any media channels (now known or hereafter developed). You understand that we will not pay you for any use of your content and that your content may be made available to the public for their use without providing you attribution or any compensation. You agree to have no right to inspect or approve recordings. If someone misuses your content downloaded from the Service, you authorize us to enforce your copyrights in this content on your behalf.
WEBSITE CONTENT AND COPYRIGHT
The content of this Website is owned or controlled by TravelPriceWatch.com and is protected by worldwide copyright laws. You may download content only for your personal use for non-commercial purposes, but no further reproduction or modification of the content is permitted. No use of our trade names, logos, content and copyrights may be used to falsely indicate or imply a connection or association with, or sponsorship by TravelPriceWatch, without our prior written authorization. The contents of this site may also be the subject of other intellectual property rights reserved by TPW or other third parties. No license is granted with respect to those intellectual property rights. Any distribution, reprint or electronic reproduction of any content from TravelPriceWatch.com in whole or in part for any other purpose is expressly prohibited without our prior written authorization.
OTHER COMPANIES’ SERVICES AND LINKED WEBSITES
You may find tools on the Service that let you send information to other companies services, such as through features that allow you to link your account on the Service with an account on another service (Twitter or Facebook or the implementation of other companies’ like or share buttons). If you use these tools, you give us permission to send this information to the other companies’ services and you acknowledge that we are not responsible for the other companies’ use of this information. You may also find links to other websites not operated by the Service. These websites are not under our control, please use your discretion when you leave the Service. We have no control or influence over the performance, operations or policies of our partners, suppliers or advertisers.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
WE PROVIDE THE SERVICE, AND ALL CONTENT THAT’S AVAILABLE THROUGH THE SERVICE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.
YOU AGREE THAT USE THE SERVICE AT YOUR OWN RISK AND ASSUME ALL RISK FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR INTERACTIONS WITH OTHER SERVICE USERS, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE CONTENT.
THE LAW IN SOME PLACES PROHIBITS A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY DEPENDING ON WHERE YOU RESIDE. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. IN THE UNITED KINGDOM AND THE EUROPEAN UNION, THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR OUR OBLIGATION TO PERFORM THE SERVICE WITH REASONABLE CARE AND SKILL OR FAILURE TO PERFORM THE SERVICE IN ACCORDANCE WITH INFORMATION PROVIDED ABOUT US OR THE SERVICE.
TRAVELPRICEWATCH MAY ACT AS THE AGENT TO OTHER TRAVEL SERVICE PROVIDERS AND MAKE NO REPRESENTATION OR WARRANTY AS TO ANY PARTNER’S SAFETY LEVELS, QUALITY OF SERVICE, OR INTENDED PERFORMANCE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, OR OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF THE DAMAGES.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY IS LIMITED TO US$120.
THE LAW IN SOME PLACES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
TRAVELPRICEWATCH AND THE SERVICE IS NOT INTENDED TO PROVIDE ANY LEGAL, TAX OR FINANCIAL ADVICE.
You agree to indemnify and defend us, including our directors, officers, employees, shareholders, consultants, affiliates, and agents, from and against any claims, liabilities, damages, losses, and expenses including but not limited to attorneys’ fees and costs arising out of or attributable to any breach of this Agreement by you.
JURISDICTION AND SETTLEMENT OF DISPUTES
Any contractual disputes are first settled through negotiations and then at the Helsinki District Court in Finland (Helsingin käräjäoikeus, Porkkalankatu 13, 00180 Helsinki).
You understand that, with respect to any dispute with TravelPriceWatch, its employees, officers, directors, shareholders, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
- You are giving up your right to have a trial by jury
- You are giving up your right to serve as a representative or a private attorney, or in any other representative capacity, or to participate as a member of a class of claimants in any lawsuit involving any such dispute.
In the event any action or proceeding is initiated by you in a court outside of Helsinki, Finland, you agree to pay TravelPriceWatch’s and its employees, owners, shareholders, agents costs and reasonable attorney fees associated with defending such action or proceeding. If any portion of this agreement is determined by a court to be null and void, the remaining portions of this agreement shall nevertheless remain valid and binding upon the parties.
MODIFICATIONS AND UPDATES
These Terms and Conditions may not be amended, altered or modified, except by a written amendment executed by an authorized representative of TravelPriceWatch.
TravelPriceWatch reserves the right to update, modify and/or alter these terms and conditions at any time. It is your responsibility to be familiar with the Terms and Conditions. The most up-to-date version of these Terms and Conditions can be found at www.travelpricewatch.com . If we have any disputes regarding the Service, they will be resolved in accordance with the version of these Terms that was in effect when the dispute arose.
No provision of this Agreement shall be construed against or in favor of a party merely because of who drafted it.
This Agreement is the final, complete and exclusive statement of the parties’ agreement on the matters contained in this agreement. It supersedes all previous discussions, negotiations and agreements. By electronically signing this Agreement, you acknowledge that you have read this entire Agreement, and you are signing it freely. You understand that this is a legally binding contract. No other representations concerning the legal effect of this document have been made to you. Your signature applies to all pages of this Agreement and indicates your acceptance of all policies stated herein.
These Terms and Conditions are effective as of February 17, 2020.