Terms and Conditions

Date of Last Revision: April 7, 2014

Welcome to customeuropetrip, inc.'s ("customeuropetrip" or "we") internet web site located at www.Customeuropetrip.com (the "site"). By visiting the site and/or using the customeuropetrip services available on the site, you are agreeing to be contractually bound by all of the terms and conditions set forth below, including those available by hyperlink (collectively, the "terms of use" or "agreement"), whether or not you are a registered member of customeuropetrip. If you do not agree to all of the terms and conditions of this agreement, you should immediately cease all usage of this site. We reserve the right to make changes to the customeuropetrip services offered on this site and revise the terms of use and all linked information from time to time in our sole discretion. Customeuropetrip will post updated terms of use on the site and provide notice of this by sending e-mail notifications to registered members of the site. We will indicate at the top of this page the date these terms were last revised. We suggest that you consult the terms of use and the linked information regularly for updates. Revisions shall become effective immediately upon being posted at the site unless otherwise provided in such revision. Your continued use of the site after such changes have been posted means that you agree to the new terms, even if you have not reviewed the changes.

SCOPE OF SERVICES

CustomEuropeTrip provides services ("CustomEuropeTrip Services") that facilitate transactions between (a) Members who are travelers (each, a "Traveler") and are eligible to post information about the Travel Company Services (as defined herein) that such Traveler needs and is interested in purchasing (each, a "Trip Request"). or to inquire or purchase Travel Company Services, and (b) Members who are travel companies (each, a "Travel Company") who offer Travel Company Services to Travelers.

Travel Company Services are defined as services offered by Travel Company to Traveler on CustomEuropeTrip Site, including but not limited to trip proposals submitted by Travel Company in response to a Traveler's Trip Request (each a "Trip Plan") and sample trip offerings (each a "Sample Trip").

When a Travel Company submits a Trip Plan to a Traveler, in addition to specifying the types of Travel Company Services it will provide and the costs associated to it, a Trip Plan shall include the contract terms that Travel Company requires, such as, but not limited to, payment methods, payment terms, and cancellation policy.

The Site will facilitate (a) Traveler's ability to define and source Travel Company Services by posting a Trip Request in order to engage Travel Companies directly; (b) Traveler's ability to learn about, inquire, commit to procure, or procure Travel Company Services; (c) Travel Companies' ability to advertise their capabilities, bid on Trip Requests, and provide Travel Company Services directly to Travelers; (d) delivery of (i) payment information for Traveler, and (ii) receipt information for Travel Company; and (e) other services that CustomEuropeTrip may offer through the Site from time to time, currently including, but not limited to services further described in the CustomEuropeTrip Policies . In providing the CustomEuropeTrip Services, CustomEuropeTrip will NOT source or deliver any services provided by Travel Companies, including, but not limited to, Travel Company Services. CustomEuropeTrip will only provide the venue for Travelers and Travel Companies to find and contract with each other for Travel Company Services according to the CustomEuropeTrip Policies.

ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receiving electronic communications from CustomEuropeTrip. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the CustomEuropeTrip Services and Travel Company Services. These electronic communications are part of your relationship with CustomEuropeTrip and you receive them as part of your subscription to the CustomEuropeTrip Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

USER OBLIGATIONS

You agree to: (a) abide by the Terms of Use and CustomEuropeTrip Policies, and the processes and procedures described throughout the Site; (b) be financially responsible for your use of the Site and the CustomEuropeTrip Services and the purchase or delivery of Travel Company Services; and (c) perform your obligations and complete the transaction as specified by the terms of your Trip Plan, your bid or proposal or your agreed business terms with the Traveler or Travel Company, as applicable, unless such transaction is prohibited by law or by the Terms of Use and CustomEuropeTrip Policies. Upon acceptance of a bid proposal by sending a purchase confirmation or upon expressly indicating the decision to purchase Travel Company Services (including but not limited to Trip Plans or Sample Trips), whether such indication occurred within the Site or without, you agree to purchase the Travel Company Services if you are a Traveler, or provide the Travel Company Services if you are a Travel Company, in accordance with the terms agreed to by the parties, unless otherwise mutually agreed upon by the Traveler and Travel Company in writing. If the scope of the Travel Company Services to be provided increases beyond the initial scope on the date of acceptance and the billings for the purchases are larger than initially reported, then you agree to report the higher amount to the CustomEuropeTrip Billing Department by sending an e-mail notification to italy4real@customeuropetrip.com with "Increased Travel Company Services Scope" as the subject of the e-mail and understand that CustomEuropeTrip's commission fee to Travel Companies will increase proportionally. In this e-mail, if the purchase is in regards to a specific Trip Plan, please include the usernames of the Traveler and Travel Company involved in this sale, the title of the purchased Trip Plan, the original cost of the Trip Plan, and the new cost of the Trip Plan.

As a Traveler, you agree that you will only complete your Trip Plan purchase via the CustomEuropeTrip purchase confirmation page, and you will report the Travel Company to CustomEuropeTrip if the Travel Company suggests that you purchase any Travel Company Services without informing CustomEuropeTrip. As a Travel Company, you agree to use CustomEuropeTrip's system to complete the transaction and send the receipt to the Traveler for all CustomEuropeTrip-originated business, whether first-time, repeat or follow-on.

OTHER AGREEMENTS

Your use of the Site is governed by this Agreement, as applicable, and the CustomEuropeTrip Policies, Privacy Policy, Traveler Agreement and Travel Company Agreement, the terms of which foregoing agreements are hereby incorporated by reference. All of these agreements together constitute the entire agreement, as modified from time to time, between you and CustomEuropeTrip with respect to your use of the Site and the Services provided on and through the Site, and your use of the Site and the Services provided on and through the Site is conditioned on your acceptance of all terms of these agreements.

LINKS TO THIRD PARTY SITES

The Site may contain links to other third party Web sites or resources ("Third Party Sites"). You acknowledge and agree that CustomEuropeTrip is not responsible or liable for: (i) the availability or accuracy of such Third Party Sites; or (ii) the content, advertising, or products on or available from such Third Party Sites. The inclusion of any link on the Site does not imply that we endorse the linked to Third Part Site. Your use the links is at your own risk.

SUBMISSIONS

You acknowledge that you are responsible for the information and material that you submit, including without limitation, any Trip Requests, Trip Plans, Feedback, comments, blogs, postings and photos (each a "Submission") through posting areas, emails or other services available in connection with this Site, and that you, and not CustomEuropeTrip, will have full responsibility for each such Submission, including its legality, reliability, form, content and accuracy. Unless otherwise explicitly stated herein or in the CustomEuropeTrip Privacy Policy, you agree that any Submission provided by you in connection with this Site in public posting areas is provided on a non-proprietary and non-confidential basis. You agree that CustomEuropeTrip shall be free to use or disseminate a Submission which is posted in public posting areas on an unrestricted basis for any purpose. If you submit information to the Site, you grant CustomEuropeTrip a non-exclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be deemed confidential. However, CustomEuropeTrip agrees to use your information in accordance with CustomEuropeTrip's Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO CUSTOMEUROPETRIP, SUCH AS YOUR SUBMISSIONS. You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission. You represent and warrant that: (i) you have the right to grant the license set forth in this section, and (ii) the posting of your Submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by you to or through the Site.

WARRANTY DISCLAIMER

The services, materials and information provided on and through the site are provided "as is," as available, and without any warranties or conditions (express or implied, arising by statute or otherwise in law or from a course of dealing or usage or trade). We make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the postings made on the web site by any third party. Some states and jurisdictions do not allow limitations on how long an implied warranty lasts, so some of the above limitations may not apply to you.

LIMITATION OF LIABILITY

In no event shall we be liable to you or any other member for any special, indirect, consequential or punitive damages pursuant to this agreement, including, but not limited to, loss of profits, loss of business opportunities or loss of goodwill, even if advised of the possibility of such damages. Notwithstanding any other provision of this agreement, in no event will customeuropetrip's liability to you for any action or claim related to the services provided under this agreement, whether based on contract, tort, negligence or any other theory of liability, exceed in the greater of: (a) $100 or (b) the aggregate amount of service charges actually collected by us from you for the services to which the liability relates during the six (6) month period immediately preceding the determination of such liability. Some states and jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.

INDEMNITY

You agree to defend, hold harmless and indemnify CustomEuropeTrip from and against any and all losses, costs, expenses, damages or other liabilities incurred by CustomEuropeTrip from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against CustomEuropeTrip: (a) in connection with your use of the Services, including, without limitation, any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii)your breach of any provision of this Agreement; (iv) any liability arising from the tax treatment of payments or any portion thereof; (v) any act or omission of yours with respect to the payment of fees to any Travel Companies; (vi) your dispute of or failure to pay any invoice or any other payment; and/or (vii) your obligations to a Travel Company. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

INTELLECTUAL PROPERTY

License and Site Access.
Subject to and conditioned on compliance with this Agreement, CustomEuropeTrip grants you a limited license to access and to use the Site internally for the purpose of ordering and receiving the Services available and authorized from the Site. You must not sell, copy, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of CustomEuropeTrip or the rights holder. You must not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by CustomEuropeTrip.

Reservation of Rights; Limited Licenses.
CustomEuropeTrip and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The CustomEuropeTrip logo and name are trademarks of CustomEuropeTrip, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners. Except as expressly stated above, nothing in the Terms of Use confers any license under any of CustomEuropeTrip's or any third party's intellectual property rights, whether by estoppel, implication or otherwise.

GENERAL

This Terms of Use Agreement and all documents referenced herein shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by CustomEuropeTrip or you as provided for under the terms of this Agreement. The Terms of Use and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and CustomEuropeTrip, except and solely to the extent expressly stated. California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the state and federal courts located in Santa Clara County, California. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. CustomEuropeTrip's failure to enforce any of these Terms is not a waiver of such term. You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. You will not transfer, assign or delegate your rights or obligations (including your Account) under the Terms of Use to anyone without the express written permission of CustomEuropeTrip, and any attempt to do so will be null and void. CustomEuropeTrip may assign this Agreement in its discretion. This Agreement, and all documents referenced herein, constitute the entire agreement between you and CustomEuropeTrip with respect to the subject matter hereof and supersedes all prior agreements between the parties as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site.