General Terms and Conditions

 

Introduction

These General Booking Terms and Conditions (“General Terms and Conditions”), together with the information included in the booking confirmation email (“Booking Confirmation Email”), represent the terms on which the Company agrees to make the Services available on the Site (as defined below).

These General Terms and Conditions, the Booking Confirmation Email and SMS and the related Rules and Restrictions also represent the terms on which the Travel Service Providers agree to provide the Services to the Customer.

Only Customers who have previously reviewed and unconditionally accepted these General Terms and Conditions as part of the process of completing their booking will be able to use the Services offered by Travel Service Providers (as defined below) through this Site.

Customers agree to comply with the obligations contained in these General Terms and Conditions. The contract between the Customer and the relevant Travel Service Provider comes into force as soon as the Affiliate provides written confirmation of a booking to the Customer via email and SMS confirmation.

When Customers make a booking they must save and/or print a copy of these General Terms and Conditions for future reference.

 

Article 1. Definitions and purpose

1.1. Definitions

The following definitions have the same meaning in the singular and plural.
Affiliate: The Company's marketing affiliates, including any sites on which the Customer may have made the booking.
Company (or the terms “we”, “us”, “our”) : PASS4FUN – FZCO and its affiliates.
Customer: refers to a customer who books and/or purchases one or more Services offered on the Site.

Customer Service Operator:

  • our supplier or one of the Company's customer service providers;
  • the Affiliates' customer support service provider (including those acting on their behalf);
  • any person acting as a customer support provider on behalf of the Company.

PASS4FUN : or PASS4FUN – FZCO , Dubai Silicon Oasis, DDP, Building A2 9807, Dubai, United Arab Emirates.

Booking Customer: is the Customer who makes the booking for himself and/or on behalf of others in the same booking.
Linked travel arrangement: has the same definition as “linked travel arrangement” set out in the Package Travel Directive.
Package: has the same definition as “package” as set out in the Package Travel Directive.
Rules and Restrictions: These are the terms and conditions applicable to the Services provided by Third Party Providers (including, but not limited to, the rules and restrictions of the accommodation service provider).
Service: any service offered on the Site to which these General Terms and Conditions apply, such as booking accommodation.
Travel Service Provider: any provider that makes the Services available, for example, an accommodation provider.
Third Party Provider: means a party that (a) makes the Services available to Customer directly.
Site: the site, or related mobile application, managed by the Affiliate with which the Customer books the Service.

EU AREA CUSTOMERS

Package Travel Directive means Directive (EU) 2015/2302 on package travel and linked travel arrangements of the European Parliament and of the Council of 25 November 2015, as implemented by each Member State and with amendments introduced from time to time.

Scope of application: if the Services are offered to Customers resident in the European Union, the mandatory provisions of the applicable EU legislation, including Directive (EU) 2015/2302, will apply.”

US CUSTOMERS

Scope of application, applicable law, forum and arbitration

(Customers residing in the United States of America)

Scope of application and applicable law
 If the Services are offered to Customers residing in the United States of America, these General Terms and Conditions, as well as any contractual or non-contractual relationship arising from or connected to them, the Services or their performance, are governed by and construed exclusively in accordance with the laws in force in the United Arab Emirates, with the express exclusion of any conflict of laws rules.

It is understood that nothing in these Terms and Conditions is intended to limit or exclude any mandatory rights that consumers may have under U.S. federal or state law , to the extent such rights are mandatory and non-waivable by law.

Binding arbitration and waiver of ordinary judgment
 Any dispute, claim or complaint arising out of or relating to these Terms and Conditions, the Services or the relationship between the Customer and the Company, including those of a contractual, non-contractual, pre-contractual or statutory nature, will be finally and exclusively resolved by binding arbitration.

The arbitration will be:

  • administered by the DIFC-LCIA Arbitration Centre (or other equivalent arbitral institution based in Dubai),
  • conducted by a single referee,
  • conducted in English,
  • with the seat of arbitration in Dubai, United Arab Emirates.

The arbitration decision shall be final and binding on the parties and may be enforced in any competent jurisdiction.

Class Action Waiver
 To the maximum extent permitted by applicable law, Customer agrees that any dispute you have with the Company will be brought solely in your individual capacity and not as part of a class action, private attorney general action, or representative proceeding of any kind.

Customer expressly waives any right to participate, as a plaintiff or class member, in any class proceeding against the Company.

Limited Exception for Small Claims (California & New York compliant)
 Notwithstanding the foregoing, Customer may bring an individual claim before a Small Claims Court having jurisdiction in the United States, provided that:

  • the claim falls within the value limits set by the applicable legislation,
  • the proceedings are initiated exclusively on an individual basis.

Residual and exclusive forum
 If for any reason a dispute is not subject to binding arbitration under this Article, the dispute shall be submitted to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates , to the exclusion of any other competing forums.

GULF STATES (GCC) CUSTOMERS

Scope of application and applicable law for buyers from the Gulf

For buyers from the Gulf, namely Saudi Arabia, the United Arab Emirates, Qatar, Bahrain, Kuwait and Oman (the “Gulf Countries”), these General Terms and Conditions govern the offer and provision of the Services in accordance with the following.

These General Terms and Conditions are governed by and construed in accordance with the laws of the United Arab Emirates.

It remains understood that any mandatory provisions established by the legislation in force in the country of residence of the buyer in the Gulf countries will continue to apply to the extent that they are mandatory.

Any dispute arising out of or in connection with these General Terms and Conditions, including their validity, interpretation, performance or termination, shall be subject to the exclusive jurisdiction of the courts of the United Arab Emirates, without prejudice to any mandatory rights granted to the consumer under applicable local law.

 

Article 2. Booking through the Site

2.1. The Customer's obligations

The Site helps the Customer find travel services and make the necessary reservations, and acts as an interface in transactions made with Travel Service Providers.

The booking Customer must be at least eighteen years of age, have the legal capacity to enter into contracts at the time of booking, and have the necessary authorization or power to act for or on behalf of each person included in a booking.

The Booking Customer warrants and confirms that the details provided in relation to all parties to the Booking are complete and accurate and that all parties have agreed to be bound by these General Terms and Conditions and that the Booking Customer has the authority to accept and does accept these General Terms and Conditions on behalf of all Booking Customers.

The booking Customer is responsible for making the reservation, for paying the deposit and the full price, for making any changes or cancellations, for paying any additional fees related to the reservation, and for everything related to the reservation.

The booking Customer agrees to verify all descriptions in the travel documents received after booking and to inform us immediately in the event of errors or other circumstances, including cases where personal details do not match those indicated on the passports of those travelling under the booking.

The booking Customer is responsible for the activities carried out through the Site (financially or otherwise) and is also responsible for the consequences arising from the possible use of his username and password to access the Site. The Customer guarantees the accuracy of the personal information he enters on the Site and, if applicable, of the information on the people traveling with him.

Any use of the Site that is fraudulent or in violation of these General Terms and Conditions will constitute grounds for denying the Customer access to the Services offered by PASS4FUN and third-party Providers or to other features of the Site.

2.2. Confirmation, modification and cancellation of reservations (in accordance with paragraphs 3.1, 3.2, 4.2 where applicable)

2.2.1 Confirmation

The booking confirmation email, which will include essential information such as a description of the booked Service(s) and the price, will be sent to the booking Customer via email. If the booking Customer does not receive a booking confirmation email within 24 hours of completing the booking, he or she should contact Customer Service following the instructions on the Website.

It is understood that the data stored in our computer systems will constitute proof of the reservations made by the booking customer. Data stored on computers or electronic media therefore constitutes valid proof and must be accepted under the same conditions and with the same evidentiary value as a written document in paper form.

2.2.2 Cancellation

Cancellations of reservations at the hotel indicated during the booking process can be made online by following the instructions on the website.

Cancellation of Tickets (Parks, Tourist Attractions, Shows, Museums, Sports, and any other type of ticket) if cancellable is indicated in each individual product description.

In any case where a possible cancellation date is not indicated, the product is to be considered non-cancellable.

All requests will be fulfilled on behalf of the individual Service Providers. The Customer does not have an automatic right to cancel, unless such a right is provided by the individual Third-Party Provider's Rules and Restrictions (provided to the Customer before completing the booking).

In case of total or partial cancellation of a reservation, specific costs may be charged by the individual Third Party Provider.

For information on how to change or cancel your account, and for more information in general, please refer to the contact information on the portal.

If a cancellation affects more than one traveler within a single booking, any cancellation fees will be charged to each traveler within the same booking.

We reserve the right to cancel the Customer's booking in the event of failure to promptly pay the booking fee and to charge a cancellation penalty, where applicable.

If PASS4FUN or the Third Party Provider has reason to believe that a fraud attempt is taking place, it will not be obligated to process the change, cancellation or refund requested by a Customer.

2.2.3 Changing your booking

If, after making a reservation, the Customer wishes to modify the product(s) purchased, the Customer must contact the number or email address indicated on the Site.

The applicable third-party provider may apply a change fee, if applicable. For more information, please consult the Rules and Restrictions made available during the booking process.

PASS4FUN and the relevant third-party provider reserve the right to cancel the Customer's booking in the event of failure to promptly pay the modification penalty, where applicable.

2.2.4 Refunds

In cases where a refund is due to the Customer, the relevant amounts will be refunded by the party that received the original payment (i.e., PASS4FUN or a third-party provider, as indicated on the Customer's credit card or bank statement) to the card used to make the original transaction. Any applicable booking fees will not be refundable.

2.2.5 Non-refundable hotel rates

The Customer has the option to book a "non-refundable" hotel rate. These rates will be provided without any possibility of modification or cancellation. In such cases, the Services cannot be provided in a different manner or at a different time or place than those agreed upon.

2.3. Travel documents

Travel documents required for a Service requested through the Site will be sent to the email address provided by the booking Customer at the time of booking.

 

Article 3. Accommodation services

The purpose of this section is to provide some information regarding the terms and conditions of use of the Services provided by Travel Service Providers in order to inform Customers thereof. This preliminary information should not be considered exhaustive and does not replace the applicable Rules and Restrictions. In the event of a conflict or incompatibility between the General Terms and Conditions and the Rules and Restrictions incorporated therein, the Rules and Restrictions will prevail. The Rules and Restrictions are made available before making the booking.
Unless otherwise provided by law, this preliminary information does not give rise to any obligation or liability on the part of the Company.

The accommodation service may be offered separately or as part of a Package or a linked Travel Service (see paragraph 3.6).
All accommodations are made available by PASS4FUN (whether offered separately or as part of a Package) in accordance with paragraph 3 and the applicable Rules and Restrictions relating to the stay, made available prior to booking. The applicable Rules and Restrictions may include restrictions and/or fees for cancellation and/or modifications imposed by the relevant Third-Party Provider.

Pursuant to paragraphs 3.6, reservations for prepaid accommodation with the "pay now" option will require the booking Customer's credit card to be charged for an amount equal to the full payment at the time of booking.

Please refer to the detailed information displayed during the booking process to confirm how and when payment will be processed. Prices displayed on the Site do not include taxes or additional service charges, including minibar service or telephone calls.

In the event a Customer fails to show up for the first booked night and intends to check in for the subsequent booked nights, the booking Customer must confirm the changes to the reservation to PASS4FUN no later than the originally scheduled check-in date, to avoid the entire reservation being cancelled. If the booking Customer fails to confirm the changes to the reservation to PASS4FUN, the entire reservation may be cancelled and refunds may be made to the Customer only in accordance with the applicable Rules and Restrictions, as disclosed during the booking process.
Customers who do not cancel or modify their reservation before the arrival date within the period set out in the property's cancellation policies (which vary according to the property and are specified in the booking process) may be charged the costs set out in the Rules and Restrictions applicable to the reservation.
Some properties do not allow changes or cancellations to reservations once they have been made. These restrictions are outlined in the property's booking rules and restrictions.

The customer may not book more than 8 rooms online for the same hotel and the same length of stay. If we discover that the customer has booked more than 8 rooms in separate reservations, we may cancel those reservations, charging the customer a cancellation fee, if applicable. If the customer has paid a non-refundable deposit, this deposit will not be refunded. To book 9 or more rooms, please contact Customer Service. The customer may be required to sign a written contract and/or pay a non-refundable deposit.

3.1. Use of rooms

Guests are reminded that, in general, rooms will only be available from 2:00 PM and must be vacated by 12:00 PM, regardless of the arrival or departure time or the means of transport used.
Single rooms typically have a single bed, and a supplement is often charged for this type of room. Double rooms typically have two single beds or a double bed.

3.2. Classification

It is possible that, from time to time, for various reasons (for example, a property is overbooked due to connectivity problems or a property is closed due to a natural disaster), the reservation may be cancelled or modified by the Third Party Accommodation Provider or by PASS4FUN.
Should this occur, PASS4FUN will make all reasonable efforts to promptly inform the Customer of the incident and, where possible, will offer alternative accommodation in a property of at least the same category and offering similar services. If this offer is not accepted by the Customer, PASS4FUN will ensure a refund of the full amount paid for the booking. Where appropriate, for example, if a technical problem attributable to PASS4FUN has caused the booking to be cancelled or modified and such cancellation or modification has caused damage to the Customer, PASS4FUN also undertakes to pay reasonable compensation to the Customer.

3.3. Activities

Some activities offered by Third Party Providers and shown in the accommodation description on the Site may be cancelled, for example due to adverse weather conditions or force majeure beyond the Third Party Provider's control, during off-season stays, or if the required number of participants for the activity is not reached.
For activities such as "sightseeing," the sequence of the various tourist attractions is shown for illustrative purposes only. This sequence may be modified by the third-party provider.

3.4. Meals

If meals are included in a package, the number of meals depends on the number of nights. Full board typically includes breakfast, lunch, and dinner.
Half-board typically includes breakfast and lunch or dinner, depending on the type of package. Accommodations that include main meals generally begin with dinner on the day of arrival and end with breakfast (for half-board) or lunch (for full-board) on the day of departure. If the customer misses one or more meals, no refund will be made.

Customers are reminded that, unless otherwise indicated on the Website, drinks are not included with meals. If water is not included, the Customer will be responsible for purchasing it.
Parents are advised to bring special baby foods with them, as these are not always available locally.

3.5. Taxes

In some countries, local authorities may impose additional taxes (tourist tax, etc.), which are to be paid locally.
The customer is solely responsible for paying these additional taxes. Tax amounts may vary between booking and stay dates. If taxes increase on the date of stay, the customer will be responsible for paying the higher taxes.

3.6. Packages

If the Customer's booking is provided together with another travel product (for example a flight, a Package or a Linked Travel Arrangement), the Affiliate who provided that Package or the first travel component of the Linked Travel Arrangement to the Customer will be responsible for any changes or liabilities relating to that Package or Linked Travel Arrangement.
The accommodation included in a Package with a “pay now” option is made available to the Customer by PASS4FUN.

 

Article 4. General Information

4.1. Travel destinations

While most trips, including international ones, are completed without incident, some destinations may pose a greater risk than others. Customers are therefore advised to review travel restrictions, warnings, notices, and advisories issued by their country's competent authorities.
The offering of travel or tourist services to particular international destinations does not constitute in any way a representation or warranty that travel to such locations is advisable or without risk, and the Company is not responsible for any damage or loss that may arise from travel to such destinations.

International Travel: Customers are responsible for ensuring they meet foreign entry requirements, ensuring their travel documents, such as passports and visas (for transit, business, tourism, and other purposes), are in order, and that any other foreign entry requirements are met. We do not have specific information regarding foreign entry requirements or travel documents. Customers are advised to consult government-issued travel bans, warnings, announcements, and advisories before booking travel to international destinations.

Health Issues: Recommended travel vaccinations are subject to change, and customers should consult their doctor for the most up-to-date recommendations before departure. It is the customer's responsibility to comply with all health requirements for entry, obtain recommended vaccinations, take all recommended medications, and follow all medical recommendations related to their trip. For further information, customers are advised to consult their doctor.

4.2. Prices

The price of the Services will correspond to the price advertised from time to time on the Site, except in the case of specific errors. Prices are subject to change at any time, but changes will not affect bookings already accepted.
The Company or Affiliate may, in some cases, charge a booking fee for certain transactions made on behalf of the Customer. The Customer will be notified of all applicable charges at the time of booking.
Despite our efforts, some Services listed on the Site may be incorrectly priced.

THE COMPANY EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON ITS SITE AND/OR RESERVATIONS MADE AT AN INCORRECT PRICE. IN SUCH EVENT, WHERE POSSIBLE, WE OR OUR AFFILIATE WILL OFFER THE CUSTOMER THE OPPORTUNITY TO KEEP THE RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL THE RESERVATION WITHOUT PENALTY.

The Company is in no way obliged to provide Services to the Customer at an incorrect (lower) price, even if a booking confirmation has already been sent.

4.3. Photographs and illustrations

We do our best to provide customers with photographs and illustrations that provide a clear representation of the service offered. These photographs and illustrations are intended to show customers the condition of the accommodation and the level of comfort, and should not be considered a guarantee beyond this purpose.

 

Article 5. Economic conditions and payment procedures

5.1 Local taxes and payments

Unless otherwise specified in the Rules and Restrictions, the prices of the Services indicated on the Site are expressed in the currency selected by the customer, excluding local taxes imposed by the authorities in some countries.

5.2 Payments

For some properties, when booking through the Site, the Customer can choose the "pay now" payment option. With the "pay now" option, the Service is made available to the Customer by PASS4FUN and their credit card will be charged immediately, as indicated below, in the indicated currency. The prices of the Services booked on the Site must be paid alternatively (i) to the Company or P4F, (ii) directly to the third-party Suppliers, and/or (iii) to the Affiliate acting on behalf of the Company. Payment may be charged by more than one party (as will be indicated on the Customer's bank account or credit card), however the total amount charged will not exceed the total price of the Services.
The Customer will be required to provide his/her payment card details and the Third Party Provider or the Company will be required to frequently check: (i) the validity of the payment card (through a nominal value charge which will be refunded within a few days or deducted from the final payment due to the Third Party Provider) and (ii) the availability of funds on the payment card (which must be confirmed by the bank issuing the Customer's credit card).

In addition to other taxes and fees payable by the Customer as set forth in these General Terms and Conditions, taxes and fees may vary depending on the payment option chosen by the Customer. Please note that some accommodations may require a deposit, which may or may not be refundable (please refer to the applicable Rules and Restrictions). Fluctuations in foreign exchange rates and taxes may occur between booking and stay. Your bank or credit card issuer may apply a foreign currency conversion fee.

Some banks and credit card issuers charge fees for international transactions. For example, if you use a credit card issued in Italy to book a reservation with a non-Italian provider, your bank may charge an international transaction fee. Booking an international trip may also be considered an international transaction by your bank or credit card issuer, as your card details are shared with an international travel provider who will process the payment. Some banks and credit card issuers also charge fees for currency conversion. For example, if a reservation is made in a currency other than the credit card's currency, your credit card issuer may convert the reservation amount into the credit card's currency and charge a conversion fee. The currency conversion rate and foreign transaction fee are determined solely by the bank on the day the transaction is processed. For any questions about fees or any exchange rate applied to the booking, the Customer can contact their bank.

 

Article 6. Customer service and complaint management

Questions, requests for information, or complaints during the trip must be submitted by telephone or email using the contact details indicated on the Site.

After the trip has ended, complaints should be sent by email to accounting@passforfun.com or to the email address indicated on the Site and used to collect complaints on behalf of the third-party provider concerned. To facilitate resolution, customers are encouraged to submit any complaints within 30 days of the trip's conclusion.
Customers are encouraged to report any problems encountered during the journey (or as soon as reasonably possible) using the number indicated on the Site or to notify the carrier if the dispute arises during the outward or return journey, so that steps can be taken to resolve the problem and limit the damage suffered by the Customer.
Complaints regarding loss, theft or damage to luggage, clothing or personal items not under the control of the Customer during the stay must be addressed to the airline, hotel or Third Party Provider.
Please note that failure to report problems during your holiday, as set out above, will prevent the Company and the Third Party Supplier from investigating and rectifying the complaint on-site and may impact your rights under this contract, including reducing any compensation due, potentially to zero.

 

Article 7. Obligations of the Company

The Customer agrees that the Company acts as an intermediary between the Customer and the Travel Service Provider and, therefore, will not be liable for the failure of one or more Travel Service Providers to fulfill their obligations relating to the Services provided to the Customer. The Company is not liable if and to the extent that the Customer is able to claim damages under an insurance policy, such as travel and/or holiday cancellation insurance. The Company accepts no liability for any claim, loss, expense, damage, or other liability, except in cases of death, injury, or illness where the Company has caused such damage through negligence.
The information on this Site has been provided by the respective third-party providers and the Company assumes no responsibility for any inaccuracies.
Customers must ensure they verify all information provided before booking.
Customers should note that all guest ratings displayed are for illustrative purposes only and cannot be considered an official rating or in line with the classification in Italy.
The Company assumes no responsibility in relation to the indicated valuations.
Should the Affiliate, the Company and/or the Third Party Provider become aware of or be informed of any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and the Customer will be responsible for all costs resulting from such cancellation, without prejudice to any actions that may be taken against the Customer.

 

Article 8. Disclaimer

Except as expressly set forth in these Terms and Conditions, all information contained in the Services is provided without any warranty (express or implied) or implied term of any kind, including, but not limited to, implied warranties or implied terms of satisfactory quality, fitness for a particular purpose, or non-infringement by the Company.
All implied terms and warranties are excluded. By accessing this Site or using its Services, the Customer agrees that the Company will not be liable for any direct, indirect, or consequential damages arising from the use of such Services.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MORE SPECIFICALLY, THE COMPANY DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS LIABILITY FOR, INACCURACIES IN, INFORMATION ON AND PRODUCT DESCRIPTIONS APPEARING ON THIS SITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LISTINGS OF HOTEL AMENITIES OR OTHER PRODUCT DESCRIPTIONS, ETC.), MOST OF WHICH INFORMATION IS PROVIDED BY THEIR RESPECTIVE SUPPLIERS. HOTEL RATES APPEARING ON THE SITE ARE PROVIDED AS AN EXAMPLE AND THE COMPANY DOES NOT GUARANTEE THE ACCURACY OF THESE RATES. TRAVEL PRODUCT INFORMATION IS PERIODICALLY CHANGED. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES AT ANY TIME. THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE COMPANY. CARRIERS, ACCOMMODATIONS, AND OTHER PROVIDERS OF TRAVEL OR OTHER SERVICES TO THE COMPANY ARE INDEPENDENT CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OF THE COMPANY. THE COMPANY IS NOT RESPONSIBLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY OF THE FOREGOING PROVIDERS, NOR FOR INJURY, DEATH, DAMAGE TO PERSONAL PROPERTY, OR EXPENSES OR DAMAGES RESULTING FROM THE USE OF SUCH PROVIDERS. THE COMPANY IS NOT RESPONSIBLE FOR, AND WILL NOT GIVE ANY COMPENSATION FOR, DELAYS, CANCELLATIONS, OVERBOOKING, STRIKES, FORCE MAJEURE OR OTHER CAUSES NOT WITHIN ITS DIRECT CONTROL, AND IS NOT LIABLE IN ANY WAY FOR ADDITIONAL EXPENSES, OMISSIONS, DELAYS, ROUTES OR ACTS OF GOVERNMENTS OR OTHER AUTHORIZED BODIES. IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER CAUSED BY, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SITE, OR WITH THE FAILURE TO ACCESS OR DELAY IN ACCESS TO THIS SITE, NOR SHALL THE COMPANY BE LIABLE FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE OR ANY DAMAGES ARISING OUT OF THE USE OF THIS SITE (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, DATA, REVENUES OR OPPORTUNITY), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, OR OTHERWISE, EVEN IF THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBLE DAMAGES. THE EXCLUSION OR LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS ARE LIABLE FOR DIRECT DAMAGES ARISING FROM THE USE OF THEIR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, UP TO A MAXIMUM OF THE TOTAL VALUE OF THE TRANSACTION GIVING RISE TO THE CLAIM FOR ANY EVENT OR SERIES OF CONNECTED EVENTS. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS.

IMPORTANT: THESE TERMS AND CONDITIONS AND THE LIMITATIONS OF LIABILITY SET OUT ABOVE DO NOT AFFECT ANY MANDATORY STATUTORY RIGHTS WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

 

Article 9. Final provisions

If the Company does not enforce any of the provisions set forth in the General Terms and Conditions, this shall not be construed as a waiver of the right to enforce them subsequently.
If any provision of these Terms and Conditions (or any part thereof) is held by any court or authority having competent jurisdiction to be invalid, illegal or unenforceable, that provision, in whole or in part, shall be deemed not to form part of the agreement with the Customer to the extent required, without however affecting the validity and enforceability of the remaining provisions.
Any case of force majeure, including the interruption of means of communication or a strike by carriers, hoteliers or air traffic controllers, will result in the suspension of the obligations contained in these
General Terms and Conditions that are affected by the force majeure event and the party affected by the force majeure event will not be liable for the inability to fulfill these obligations.

All rights not expressly granted herein are reserved.