T & C

This website, CityGlobeTrotter.com and any associated sites, (“the Site”) is provided to you by CityGlobeTrotter LIMITED, a company incorporated under the Companies Acts (Registered No. SC283214) and having its Registered Office at 22 Woodlands Crescent, Aberdeen, AB15 9DH (“us”, “our” or “we”), subject to these terms and conditions of use (“Terms”). Please read these Terms carefully before using this Site and payment of the Subscription Fee set out in Clause 1. :

1. AUTHORITY AND LICENSE FOR USE OF SITE

* 1.1 We authorise you to use this Site in return for payment of a subscription fee as specified £10.00 (“the Subscription Fee”).
* 1.2 The authority and license for use of this Site starts on the day payment of the Subscription Fee is made and ends;
* 1.2.1 one year following payment of the Subscription Fee; or
* 1.2.2 if terminated pursuant to Clause 7 (Termination).
* 1.3 On payment of the Subscription Fee and / or in making use of the Site, you agree to be bound by these Terms which form the sole agreement between you as subscriber to the Site and us (“Agreement”).
* 1.4 You may search, view, copy and print out material on the Site for your own use.

2. YOUR OBLIGATIONS

* 2.1 You will take reasonable steps to ensure that you comply with these Terms and do not:
* 2.1.1 copy, print out or otherwise reproduce any material on this Site, except as permitted under these Terms or authorised by us;
* 2.1.2 make available to any other party any material on this Site, except as permitted under these Terms or authorised by us; or
* 2.1.3 purport to transfer or otherwise dispose of your rights under these Terms.
* 2.2 You will take reasonable steps to ensure that your account details, including, but not limited to, your username and password for access to the Site are kept secure and used by no one other than you.
* 2.3 By submitting your personal information to us you agree to our collection, use and disclosure of such information in accordance with our Privacy Policy.

3. OUR OBLIGATIONS

* 3.1 We will take reasonable steps to ensure that the Site supplied is virus-free.
* 3.2 We will use our best endeavors to ensure that personal data provided by you in the course of use of the Site is maintained securely and is backed-up. In the event of any loss or damage to your personal data, your sole and exclusive remedy shall be that we use our best endeavors to restore the lost or damaged data. We shall not be responsible for any loss, destruction, alteration or disclosure of personal data caused by any third party, (except for those third parties sub-contracted by us to perform services related to Site data maintenance and back-up).
* 3.3 We shall use our best endeavors to ensure that access and use of the Site is not interrupted by any event within our control. We will notify you of any planned downtime.

4. USE OF INTERACTIVE AREAS

* 4.1 This Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on the Site, (“Interactive Areas”).
* 4.2 By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
* 4.2.1 Any message, data, information, text, music, sound, photos, graphics or other material, (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
* 4.2.2 Content that may infringe any patent, trade mark, trade secret, copyright, or other intellectual property rights;
* 4.2.3 Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
* 4.2.4 Unsolicited promotions, political campaigning, advertising or solicitations;
* 4.2.5 Private information of any third party, including without limitation, addresses, phone numbers, email addresses or credit card numbers;
* 4.2.6 Viruses, corrupted data or other harmful, disruptive or destructive files;
* 4.2.7 Content unrelated to the topic of the Interactive Areas; or
* 4.2.8 Any other content which in our sole judgment we believe is objectionable.
* 4.3 We take no responsibility and assume no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto.
* 4.4 We reserve the right to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason.

5. DISCLAIMER

* 5.1 We give you no warranty or assurance, except as set out in Clause 3 above (Our Obligations). We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.
* 5.2 Except as expressly provided to the contrary in writing by us, the content of the Site is provided on an “as is” basis without warranties of any kind, express or implied. We do not warrant that the content of this Site is accurate, complete, reliable, current or error-free. We expressly disclaim any warranty or representation as to the accuracy of the content of the Site.
* 5.3 We are not responsible for any typographical errors or omissions relating to pricing, text or photography on this Site.
* 5.4 We are not a booking agent or tour operator. Any packages or prices quoted on this Site may not include all fees and surcharges.
* 5.5 We give no warranty or assurance for availability of packages or prices advertised on this Site.

6. LIABILITY

* 6.1 This Clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
* 6.1.1 any breach of these Terms;
* 6.1.2 any use made by you of the Site; and
* 6.1.3 any representation, statement, delictual act or omission (whether negligent or otherwise) arising under or in connection with these Terms.
* 6.2 Except as expressly and specifically provided in these Terms you assume sole responsibility for results obtained from use of the Site and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information provided to you in connection with the Site:
* 6.3 Nothing in these Terms excludes our liability:
* 6.3.1 for death or personal injury caused by our negligence; or
* 6.3.2 for fraud or fraudulent misrepresentation.
* 6.4 Subject to Clause 6.3 above:
* 6.4.1 we shall not be liable for any loss of profits, loss of business, depletion of goodwill and / or similar losses or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising; and
* 6.4.2 our total aggregate liability in contract, delint, misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the Subscription Fee for the Site pursuant to Clause 1 during the 12 months preceding the date on which the claim arose.
* 6.5 We shall have no liability to you under these Terms, if we are prevented from, or delayed in, performing our obligations under these Terms or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including without limitation, default of sub-contractors, strike, lock-outs or other industrial disputes, failure of utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

7. TERMINATION

* 7.1 This Agreement will terminate if you or we are in material breach of any of its terms and if the breach is not remedied within the period of twenty working days after written notice of it has been given to the party in breach. If we are in material breach as a result of circumstances within our control, you will be entitled to a pro-rata return of the Subscription Fee.
* 7.2 On termination of this Agreement for any reason:
* 7.2.1 all licenses granted hereunder shall immediately terminate; and
* 7.2.2 termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.

8. MISCELLANEOUS

* 8.1 This Agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.
* 8.2 If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
* 8.3 Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. The only remedy available to it for breach of the Agreement shall be for breach of contract under the terms of this Agreement.
* 8.4 Scots law governs this Agreement and the parties submit to the exclusive jurisdiction of the Scottish courts.