Last update: October 1, 2009
Welcome to cost4travel.com (“cost4travel”, “the Company”, “we”, “us” or “our”). Please read carefully
the following terms and conditions (“Terms”), because they constitute a binding agreement between you
and the Company. By accessing cost4travel or by using it in any other manner, you signify your acceptance
to these Terms. If you do not agree to these Terms, you may not access cost4travel or use it in any other manner.
Description of the services
cost4travel provides travellers with tools and resources for planning travel, including online collaboration tools
and services, now known or hereafter developed, including without limitation any software incorporated into such
tools and services (“the Services”). Such tools and resources include, but is not limited to, the ability for
travellers to share the cost and experience of their using a wide range of travel services, such as air travel,
accommodation, bus, coach, train, ferry, taxi transportation, car and motorcycle rental, outdoor activities etc (“the Content”).
You understand and agree that the Services are provided as is and that cost4travel assumes no responsibility for the timeliness,
deletion, service delivery problem or failure to store the Content, user communications and personalization settings. You are
responsible for obtaining access to the Services and that access may involve third party fees. In addition, you must provide
and are responsible for all equipment necessary to access the Services.
Acceptable use of cost4travel
The following Terms define the acceptable use of cost4travel.
You may use cost4travel for private and personal purposes only. You agree not to use cost4travel for any other purpose without
our prior explicit written consent, and while using cost4travel you agree to refrain from willfully or carelessly:
(1) Interfering with or disrupting the functionality of cost4travel;
(2) Disobeying or breaching these Terms or any other applicable instructions conveyed by the Company and its officers;
(3) Using robots, crawlers and similar applications to collect and compile content from cost4travel;
(4) Displaying cost4travel or any part thereof in an exposed or concealed frame;
(5) Violating any applicable local, national or international law, statute, ordinance, rule or regulation;
(6) Impersonating any person or entity, or making any false statement pertaining to your identity;
(7) Linking to certain elements on cost4travel independently from the web pages on which they originally appear.
Personal information
cost4travel serves all Internet users. When you share cost information with cost4travel, we will however ask you to provide limited
personal details such as your age, gender, occupation and country of residence. You must submit only true, accurate and complete details.
Other Services, such as My Trips or My Alerts, are available to registered users
only. When you register with cost4travel, we will ask you to provide
additionally your name and email address. False or incorrect details may prevent your registration
and impair our ability to provide you with those Services and contact you. We will explicitly indicate the fields for mandatory completion.
If you do not enter the requisite data in these fields, you will be unable to register with cost4travel. By submitting the registration form,
you represent and warrant that the details you provide adhere to these Terms.
To login, you must use your email and password. We may establish and require from time to time additional or different means of identification
for logging in and accessing certain Services.
Please maintain your username and password in absolute confidentiality and refrain form disclosing them to others. Make sure you change your
password frequently and at least once every six months.
You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details during the registration
process, and for any use (or misuse) of your account on cost4travel as a result of conveying your details to someone else.
We may deny, or cancel any individual subscription, for any reason, at any time and in our sole discretion. We may notify you that we canceled
your subscription by sending a message to the email address that you provided during the registration process. The cancellation shall come into
effect on the date stated in the message. Such notification may come into effect immediately.
Your content on cost4travel
We may offer a variety of Services and ways to use your Content on cost4travel. We do not warrant or guarantee that any Content that you
wish to post on cost4travel shall be posted indefinitely.
By uploading Content on cost4travel, you accept that you are fully accountable for any consequences resulting from posting the Content.
You must ensure that such Content and its use on cost4travel are lawful. Among other things, you must not post any Content on cost4travel
which may reasonably deemed to be:
(1) False and misleading;
(2) Software viruses, Trojan Horses , Worms, Vandals, Spyware and any other misleading applications;
(3) Encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offence, under the applicable laws;
(4) Constituting defamation of a person or violating a person’s privacy;
(5) Commercial content, including advertisements, sponsorships, endorsements and public relations material, unless you received our prior written consent,
and subject to the terms of our consent;
(6) Information the posting of which is prohibited by any applicable law, including court restraining orders;
(7) Threatening, abusive, harassing, defamatory, libellous, vulgar, obscene or racially, ethnically or otherwise objectionable.
We may review posted Content and delete it in order to prevent misuse of our Services, or when we deem the content to be in
breach of these Terms, whether as a result of a person’s complaint, or of our own initiative. Under no circumstances shall any
of the above be construed as an obligation on the Company’s part to review, or monitor users´ content on cost4travel.
We may also delete content after a certain period of time from initial posting. Consequently, you might not find content that
you or any other user previously posted on cost4travel.
Links to other sites
cost4travel may contain links to other web sites. We do not operate, or monitor these web sites. You may find them or the information
and content posted therein not compatible with your requirements, or you may object to their content and find such content to be annoying,
improper, unlawful or immoral. By linking to a certain web site, we do not endorse, or sponsor its content, or confirm its accuracy,
reliability, validity or legality.
Privacy
The Content you may post on cost4travel will be subject to our Privacy Policy, the terms of which are incorporated herein.
You acknowledge you have read it and agree that these terms are reasonable.
Advertisements
cost4travel may include paid advertisements. By clicking the advertisements, you may be transferred to a web site of an
advertiser or receive any other messages, information or offers from the advertiser and from others. We are not responsible
for the privacy practices of the advertisers, or the content of their web sites, information, messages or offers.
You are fully accountable for all communications with the advertisers and all transactions that take place subsequently.
Intellectual property
All rights, title and interests in and to cost4travel, except for users content on cost4travel, including, without
limitations, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual
property rights, and any goodwill associated therewith, are owned or licensed to the Company.
You may not copy, distribute, display, or perform publicly, sublicense, decompile, disassemble, reduce to human
readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile,
translate, sell, lend, rent, reverse engineer, combine with other software, modify and create derivative works
of any content on cost4travel, which is subject to intellectual property rights, either by yourself, or by a
third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others,
other than expressly permitted in these Terms.
You may not remove, erase, or distort any message or sign pertaining to ownership rights, such Copyright
mark or Trademark accompanying content you are using on cost4travel.
We do not claim ownership over Content that you upload to cost4travel. However, when you do so,
you represent and warrant that you are the rightful owner of all rights in that Content.
By submitting content for posting on cost4travel, you grant us a free, worldwide, non-exclusive license,
for an unlimited period of time to copy, distribute, display publicly, sublicense, decompile disassemble,
reduce to human readable form, execute publicly, make available to the public, adapt,
make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with
other software, modify and create derivative works on cost4travel, and in other communication and
information networks, platforms, applications and Services, as well as in printed publications and
as part of physical products.
Changes and availability
We may from time to time change cost4travel’s layout, design or display, as well as the scope and
availability of the content and Services therein, without giving prior notice. Changes of this type
by their very nature may cause inconvenience or even malfunctions at first. You agree and acknowledge
that the Company does not assume any responsibility with respect to, or in connection with the
introduction of such changes and from any malfunctions or failures that may result therefrom.
Cost4travel’s availability and functionality depend on various factors and elements, such as
software, hardware and communication networks of the Company, its contractors and suppliers.
The Company does not warrant or guarantee that cost4travel will operate without disruption,
or interruption, or that it will be immune from unauthorized access or error free.
Termination of operations
We may at all times, in our sole discretion, discontinue the operation of cost4travel,
or any part thereof, temporarily or permanently. We may not give any notice prior to such
discontinuance. At any time, we may block, remove or delete any content from cost4travel,
without maintaining a back up copy.
Changes to these terms
You must read these Terms periodically, as they may change from time to time. You agree
to be bound by any changes made in these Terms.
DISCLAIMER OF WARRANTY
COST4TRAVEL IS PROVIDED FOR USE AS IS. THE COMPANY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS,
EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO COST4TRAVEL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRIGEMENT, TITLE, COMPATIBILITY,
PERFORMANCE, SECURITY OR ACCURACY. THE COMPANY DOES NOT WARRANT THAT COST4TRAVEL WILL OPERATE IN AN
UNINTERRUPTED OR ERROR-FREE MANNER, WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF COST4TRAVEL IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY
THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
THE COMPANY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT
BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGE OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS,
EXPENSES AND PAYMENT, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM,
OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE COST4TRAVEL, OR FROM ANY FAILURE, ERROR,
OR BREAKDOWN IN THE FUNCTION OF COST4TRAVEL, OR FROM ANY FAULT, OR ERROR MADE BY THE COMPANY’S STAFF
OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON POSTED CONTENT ON COST4TRAVEL. IN ANY EVENT,
YOUR SOLE REMEDY SHALL BE LIMITED TO THE CORRECTION OF SUCH ERRORS, OR MALFUNCTIONS, OR A FULL,
OR PARTIAL REFUND, IN THE COMPANY’S SOLE DISCRETION AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES,
OF SUBCRIPTION FEES, IF CHARGED.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its managers, directors, shareholders,
employees, sub-contractors, agents and anyone acting on their behalf, at your own expense, from and
against any damage, loss, costs, expenses and payment, including attorney’s fees and legal expenses,
resulting from any complaint, claim, or demand, arising from, or in connection with your use of cost4travel,
or your breach of these Terms, or any other rules or regulations applicable to cost4travel,
or your violation, or infringement of other persons rights.
Governing law
These Terms shall be governed by and construed in accordance with the laws of Spain. Any action at
law or in equity arising out of or relating to these Terms shall be filed only in Spain, and the
parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction
of Spain courts over any suit, action or proceeding arising out of these Terms.
General
These Terms constitute the entire agreement between you and the Company with respect to the
use of cost4travel and supersede any and all other agreements.
No waiver, concession, extension, representation, alteration, addition or derogation from
these Terms or pursuant hereto shall be effective unless consented to explicitly and executed
in writing by an authorized representative of the Company.
Failure on the part of the Company to demand performance of any provision in these Terms
shall not constitute a waiver of any of the Company’s rights under these Terms.