AGREEMENT BETWEEN CUSTOMER AND Webmytour LTD
Welcome to the Webmytour.com website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our" and "Webmytour.com" refer to Webmytour LTD, Bulgaria, Sofia, 1504, San Stefano st. 23A, office 4 and/or our subsidiaries. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that
1. you are at least 18 years of age,
2. you possess the legal authority to create a binding legal obligation,
3. you will use this Website in accordance with this Agreement,
4. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
5. all information supplied by you on this Website is true, accurate, current and complete, and
6. if you have an Webmytour.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
1. use this Website or its contents for any commercial purpose;
2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
6. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel services reservation facilities of this website may result in Webmytour.com cancelling any bookings associated with your name, email address, or account, and closing any associated Webmytour.com accounts. If you have conducted any fraudulent activity, Webmytour.com reserves the right to take any necessary legal action and you may be liable for monetary losses to Webmytour.com, including litigation costs and damages. To contest the cancellation of a booking, or freezing or closure of an account, please contact customer service.
SUPPLIER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these terms and conditions carefully. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase, and in Webmytour LTD debiting your account for any costs Webmytour LTD incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.
You may not book more than 9 rooms online for the same hotel/stay dates. If we determine that you have booked more than 9 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book 10 or more rooms, you must contact Webmytour.com travel specialists by e –mail. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.
PREPAID HOTEL RESERVATIONS
You acknowledge that Webmytour LTD pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. The room rate displayed on the Website is a combination of the pre- negotiated room rate for rooms reserved on your behalf by Webmytour.com and the facilitation fee retained by Webmytour.com to compensate us for our services. You authorize Webmytour.com to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on Webmytour.com’s services. You agree that your credit card will be charged by Webmytour LTD for the total reservation price. Upon submitting your reservation request you authorize Webmytour LTD to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that, except as provided below with respect to tax obligations on the amounts we retain for our services, Webmytour.com does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that Webmytour LTD pays to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice Webmytour LTD for tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Webmytour LTD does not act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by Webmytour LTD to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain our fees as compensation in servicing your travel reservation. Our fees vary based on the amount and type of hotel reservation.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (facilitation fee and/or service fee) in certain jurisdictions. For hotel stays in New York State, but outside of New York City, tax recovery charges, as described above, are collected to cover the taxes due on the rent received by the hotel for the room and there is no local hotel occupancy tax due on our services. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
PAY NOW ONLINE DETAILS
You may be presented with the option to pay online immediately. If you select the option to pay online immediately, you will be charged the amount in the currency that you select immediately. You shall provide the details of your payment card and the supplier or Webmytour LTD will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the supplier) and/or (ii) the availability of funds on the payment card (to be confirmed by the bank issuing your credit card). Webmytour LTD reserves the right to cancel your booking if full payment is not received in a timely fashion (please see Supplier Rules and Restrictions).
The price of the travel services will be as quoted on the website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted. Despite Webmytour LTD’s best efforts, some of the travel services listed on the website may be incorrectly priced. Webmytour LTD expressly reserves the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty. Webmytour.com is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking
CHANGES OR CANCELLATIONS
You can cancel your lodging booking either online under your Reservations when signed into your Webmytour.com account.
You can change your bed type, smoking preference, special requests, accessibility options at no charge to you by Webmytour LTD. Lodging suppliers may impose other change and/or cancellation fees. Charges vary by reservation, so please review your confirmation email for details.
You agree to pay any supplier required cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid hotel reservations.
In the event that a hotel is unable to honour your booking, Webmytour LTD will not be liable for any cost incurred due to relocation.
These terms and conditions may not be changed by any unauthorized person, including employees of Webmytour.com.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Webmytour LTD urges passengers to review travel prohibitions, warnings, announcements and advisories issued by a Government prior to booking travel to international destinations.
By offering for sale travel to particular international destinations, Webmytour LTD does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
The information, software, products, and services published on this website may include inaccuracies or errors, including pricing errors. In particular, Webmytour LTD, its subsidiaries and corporate affiliates (collectively, the "webmytour.com companies") and the affiliated, co- branded and/or linked website partners through whom we provide service (collectively, "Webmytour LTD affiliates") do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, car and other travel products displayed on this website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, webmytour.com expressly reserves the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such event, we will offer you the opportunity to keep your pending reservation at the correct price or, at your option, we will cancel your reservation without any webmytour.com change or cancellation fees.
Hotel ratings displayed on this website are intended as only general guidelines, and the webmytour.com companies and the webmytour.com affiliates do not guarantee the accuracy of the ratings. The webmytour.com companies, the webmytour.com affiliates and their respective suppliers make no guarantees about the availability of specific products and services. The Webmytour LTD companies, the webmytour.com affiliates and their respective suppliers may make improvements and/or changes on this website at any time.
The webmytour.com companies, the webmytour.com affiliates, and their respective suppliers make no representations about the suitability of the information, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by the webmytour.com companies or the webmytour.com affiliates. All such information, software, products, and services are provided "as is" without warranty of any kind. The webmytour.com companies, the webmytour.com affiliates, and their respective suppliers disclaim all warranties and conditions that this website, its servers or any email sent from the webmytour.com companies, the webmytour.com affiliates, and/or their respective suppliers are free of viruses or other harmful components. The webmytour.com companies, the webmytour.com affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.
The carriers, hotels and other suppliers providing travel or other services on this website are independent contractors and not agents or employees of the webmytour.com companies, or the webmytour.com affiliates. The webmytour.com companies and the webmytour.com affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The webmytour.com companies and the webmytour.com affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
In no event shall the webmytour.com companies, the webmytour.com affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, products, and services obtained through this website; or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if the Webmytour LTD companies, the webmytour.com affiliates and/or their respective suppliers have been advised of the possibility of such damages.
You agree to defend and indemnify the Webmytour LTD Companies, the Webmytour LTD Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
• your breach of this Agreement or the documents referenced herein;
• your violation of any law or the rights of a third party; or
• your use of this Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Webmytour LTD. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this Website ("Software") is the copyrighted work of Webmytour LTD, Webmytour LTD Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Webmytour LTD Companies, Webmytour LTD Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the license agreement.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
You agree that no joint venture, partnership, or employment relationship exists between you and the Webmytour.com Companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Webmytour.com with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Webmytour.com with respect to this Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
© 2014 Webmytour LTD
All rights reserved.