Terms and ConditionsDate of Last Revision: April 7, 2014
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.
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.
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.
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.
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.
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.
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.