Road.Travel Website Terms and Conditions
PLEASE READ THE FOLLOWING IMPORTANT TERMS AND CONDITIONS BEFORE USING THIS WEBSITE, BECOMING A MEMBER OR MAKING A PURCHASE AND CHECK THAT THEY CONTAIN EVERYTHING YOU WANT AND NOTHING THAT YOU ARE NOT WILLING TO AGREE TO. IF YOU ARE UNCERTAIN ABOUT ANY OF THE TERMS, PLEASE CONTACT US TO DISCUSS THEM.
- PLEASE SPECIFICALLY REFER TO SECTIONS 4, 26, 27, 32 and 33 WHICH DEAL WITH LIMITATION OF OUR LIABILITY AND YOUR INDEMNITY.
- YOUR CONSUMER RIGHTS ARE SET OUT IN SECTION 23.
- CANCELLATION RIGHTS FOR CONSUMERS ARE CONTAINED IN SECTION 22.
1. The Terms
1.1. These Terms and Conditions of Service and Use (“Terms”) tell you the rules for using our website at https://road.travel (“Website”), including the permitted and prohibited uses.
1.2. If you decide to sign up to become a member (“Member”), whether to access the Itineraries (as defined below) available or to create the Itineraries, these Terms will also apply to your interactions with us and tell you how we will provide our services to you and how you can terminate your membership with us.
1.3 These Terms are divided into the following sections:
- Use of our Website
- Terms for Members
- Terms for Travellers
- Terms for Authors
- General Terms Applicable to all
2. Who We Are
2.1. This Website is operated by Timescenery Ltd, with registered address 7 Henrietta Street, London, WC2E 8PS, United Kingdom (referred to as “Road.Travel”, “we”, “us” or “our” in these Terms).
2.2. When we refer to “you” or “your”, we mean the individual or company accessing or using the Website or its content.
3. Your Acceptance of these Terms
3.2. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely.
3.3. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
YOU AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND SUPPLIERS, HARMLESS IMMEDIATELY ON DEMAND, FROM AND AGAINST ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF ANY BREACH OF THE TERMS BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF OUR WEBSITE, YOUR ROAD.TRAVEL MEMBERSHIP, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE OR YOUR MEMBERSHIP USING YOUR INTERNET CONNECTION.
5. Changes to these Terms
5.1. We may amend these Terms from time to time. Every time you wish to use our Website, it is your responsibility to check these Terms to ensure you understand the terms and conditions that apply at that time.
5.2. Where we updated our Terms, they will be displayed on the Website and by continuing to use and access the Website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms regularly to verify such variations.
USE OF OUR WEBSITE
6. Using the Website
6.1. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Website.
6.2. We try to make the Website as accessible as possible. If you have any difficulties using the Website, please contact us using the contact details at the bottom of this page.
7. Our Rights
7.1. We may transfer our rights and obligations under these Terms to another organisation. We will inform you if this happens and we will ensure that the transfer will not affect your rights under the contract.
7.2. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons.
8. Your Personal Data and Links to other Policies
9. Third Party Sites
Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the content of those sites or resources. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
10. User-generated Content
10.1. Users are prohibited from advertising, distributing, and offering for sale on the Website all goods and services listed in the Appendix to these Terms.
10.2. This Website may include information and materials uploaded by other users of the Website, for example to bulletin boards, chat rooms or other communication services available on the Website. This information and these materials have not been verified or approved by us.
10.3. We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material submitted to these sections of our Website. The views expressed by other users on our Website do not represent our views or values. We may remove or edit any submission to any of our interactive services whether they are moderated or not.
10.4. If you wish to complain about content uploaded by other users, please contact us as per the details at the bottom of these Terms.
11. How you may use Material on our Website
11.1. Unless specified elsewhere herein, we (or in some cases, our affiliated companies) are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by applicable laws and treaties around the world. All such rights are reserved. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
11.2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others to content posted on our Website.
11.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
11.4. You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
12. Uploading Content to our Website
12.1. Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in the Acceptable Usage of our Website section below.
12.2. You warrant that any such contribution to the Website complies with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
12.4. We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in these Terms.
13. Acceptable Usage of our Website
13.1. You may use our Website only for lawful purposes.
13.2 You may not use our Website:
- In any way that breaches any applicable law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, insult, intimidate or humiliate any person.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
13.3. You also agree not to access without authority, interfere with, damage or disrupt:
- any part of our Website;
- any equipment or network on which our Website is stored;
- any software used in the provision of our Website; or
- any equipment or network or software owned or used by any third party.
13.4. You must further comply with the following content standards in relation to any and all material which you contribute to our Website and to any interactive services associated with it (“Contribution”). A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Be your own original work and be lawfully submitted.
- Comply with all applicable laws and regulations.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Bully, insult, intimidate or humiliate.
- Promote sexually explicit material.
- Include child sexual abuse material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be in contempt of court.
- Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from us, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other third party sites.
13.4 Notwithstanding anything else contained in the Terms, a breach of this section of the Terms, or otherwise, may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Website.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our Website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
14.1. We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
14.2. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.
TERMS FOR MEMBERS
15. Becoming a Road.Travel Member
15.1. You become a Road.Travel Member when you create a membership profile on our Website.
15.2. Becoming a Member is always voluntary. If you do not agree to these Terms, please do not choose to become a Road.Travel Member.
15.4. You are only entitled to register one account with us. You may not transfer the rights to your membership account or provide access to it to third parties. All actions performed using the user’s account are considered to be performed directly by that Member. That Member is fully responsible for these actions.
16. Your commitment to us
16.1. You warrant and accept that the personal and other information you provide while signing up as a Member and while utilising the Website is accurate and complies with these Terms and all applicable laws and regulations. In the event that you create a membership by using information belonging to others or information that is false, we may at our discretion suspend, restrict or stop your access to the Website and cancel your existing membership immediately without notice.
16.2. You agree to use the services offered by us only in accordance with these Terms. You represent and confirm that you are 18 years of age or older, or are a legal entity, or can otherwise validly enter into a contract. If the user is a legal entity, the individual acting on its behalf is recognised as duly authorized by such legal entity.
16.3. We are not obliged to permit anyone to register with the Website and we may refuse, terminate or suspend registration to anyone at any time.
17. Registration and Password Security
You are responsible for making sure that your password and any other account details are kept secure and confidential. If we have reason to believe there is likely to be a breach of security or misuse of the Website through your account or use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
18. Your Membership – Authors and Travellers
18.1. If you choose to become a Road.Travel Member, you will have the opportunity to create road trips, staycations, city breaks and other itineraries (“Itineraries” or “Itinerary”) to be uploaded to our Website and viewed and purchased by other users of our Website. In doing so, for the purposes of these Terms you will be an “Author”.
18.2. If you choose to become a Road.Travel Member, you will also have the opportunity to view and purchase Itineraries created by Authors. In doing so, whether as a Member or not, for the purposes of these Terms you will be a “Traveller”.
18.3. We reserve the right to suspend, restrict or stop your access to the Website and cancel your existing membership immediately without notice for any reason and without any liability.
TERMS FOR TRAVELLERS
19. Traveller Membership Duration and Termination
19.1. A Traveller’s membership will remain in effect unless terminated by us or you.
19.2. Membership is strictly voluntary. Both the Traveller and we may discontinue the Traveller’s membership at any time for any reason, or indeed no reason. The Traveller has the right to terminate the Traveller’s membership at any time. This can be done by [clicking “Cancel Subscription” in the “Subscription” tab in your membership account].
19.3. We reserve the right to suspend and/or terminate your membership, including your right to access the Website and the services it offers, at any time and without giving any reason.
19.4. In the event that your membership is terminated for any reason, you must immediately stop using our Website and the services offered.
20. Purchasing an Itinerary
20.1. You will be guided through the steps you need to take to place an order for an Itinerary with us on this Website. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
20.2. After you place an order, you will receive an e-mail from us confirming your order.
21. Business Travellers (non-consumers) – No right to Refund
21.1. Where you are purchasing an Itinerary or subscribing to a membership on our Website as a business Travellers, i.e. not a consumer as defined in clause 22.1 below, the Itinerary or membership fee is non-refundable.
22. Consumer Travellers – No right of Cancellation
22.1. You are a consumer Traveller if you are an individual acting for purposes that are wholly or mainly outside your trade, business, craft or profession. In essence, you are only a consumer Traveller where you purchase an Itinerary wholly or mainly for your own personal purposes.
22.2. If you are a consumer and have purchased an Itinerary from us or subscribed to become a Member, you have a legal right to cancel a contact formed during the period starting from the date of the our confirmation of your order or subscription as a Member and ending 14 days from this date. However, as the nature of the goods/services we provide means that the Itineraries are immediately available to the Traveller from purchase of an Itinerary or subscription as a Member, you expressly consent to the supply of the Itinerary or membership services before the end of the 14-day cancellation period and acknowledge therefore that the right to cancel will be lost on purchase of the Itinerary or subscription to a membership.
22.3. This clause does not affect the rights you have at law if the services provided by us are faulty.
23. Consumer Travellers – Your Rights
23.1. If you are a consumer, you have certain legal rights (also known as ‘statutory rights’). The services that we provide to you must be carried out with reasonable care and skill. In addition:
- where the price for a service has not been agreed upfront, or the service is not being provided free of charge, the cost of the services must be reasonable; and
- where no time period has been agreed upfront for the provision of the services, we must carry out the services within a reasonable time.
23.2. If the services we have provided to you are faulty, please contact us using the contact details above.
23.3. If you are a consumer, you can ask us to repeat or fix the services if they are not carried out with reasonable care and skill, or get some money back if we can’t fix the problem.
23.4. Nothing in this contract affects your statutory rights.
24. Fees and Subscription for Travellers
24.1. Access to Itineraries can be purchased either by a one-time payment for a particular Itinerary or by a recurring subscription (together the “Fees”). The Fees payable are displayed on our Website and are inclusive of all taxes. Certain Itineraries may be accessed free of charge.
24.2. In case of a one-time payment, the Traveller will be provided with access without time limit to one selected Itinerary. In case of a subscription, the Traveller will be provided with access to all Itineraries in the Website catalogue for a period of 1 calendar month, followed by subsequent monthly periods subject to automatic monthly renewal and payment by the Traveller, unless and until the Traveller’s membership is terminated or expires.
24.3. We reserve the right to change the Fees at any time by notifying Travellers in advance before the changes take effect. Changes to the Fees will not affect reservations made prior to the fee change coming into effect.
24.4. Your payment of the Fees will be taken at the time you place your order in the case of a one-time payment or on a monthly basis for a recurring subscription.
25. Subsequent Booking of Travel
25.1. In the event that a Traveller wishes to book accommodation, travel, car hire and other goods or services associated with a certain Itinerary, our Website provides links to third party websites where this can be purchased. The operation of this is subject to the third party’s terms and conditions, including privacy terms, and Travellers should read them separately. Other providers are available.
25.2. THE TRAVELLER ACKNOWLEDGES AND ACCEPTS THAT ROAD.TRAVEL DOES NOT OWN, SELL, RESELL, ORGANIZE, PROVIDE, MANAGE AND/OR CONTROL THE DETAILS OF ANY ITINERARIES. AUTHOR ITINERARIES MAY INVOLVE RISKS OF ILLNESS, INJURY, PHYSICAL HARM, OR DEATH. BY CHOOSING TO USE SUCH AUTHOR ITINERARIES, THE TRAVELLER VOLUNTARILY AND KNOWINGLY ASSUMES THESE RISKS, TO THE EXTENT PERMISSIBLE BY LAW. THE TRAVELLER ASSUMES FULL RESPONSIBILITY FOR ACTIONS TAKEN BEFORE, DURING AND AFTER USING THE AUTHOR’S ITINERARIIES. IF THE TRAVELLER TRAVELS WITH MINOR CHILDREN, THE TRAVELLER IS SOLELY RESPONSIBLE FOR THEM WHEN USING AUTHOR’S ITINERARIES. THE ABOVE DISCLAIMER APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
26. Our Liability if you are a Business Traveller
THIS CLAUSE ONLY APPLIES IF YOU ARE A BUSINESS TRAVELLER
26.1 WE, AND OUR AFFILIATES, DO NOT ACCEPT ANY RESPONSIBILITY FOR THE ACCURACY OF ANY INFORMATION INCLUDED IN THE ITINERARIES.
26.2. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
26.3. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
- USE OF, OR INABILITY TO USE, OUR WEBSITE; OR
- USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.
26.4. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, FOR:
- LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
- LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE;
- BUSINESS INTERRUPTION;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
- ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
26.5 SUBJECT TO THE ABOVE, OUR TOTAL LIABILITY IN RESPECT OF ALL LOSSES ARISING UNDER OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED [£10,000].
26.6 EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DO NOT GIVE ANY REPRESENTATION, WARRANTIES OR UNDERTAKINGS IN RELATION TO THE GOODS/SERVICES PROVIDED ON OUR WEBSITE. ANY REPRESENTATION, CONDITION OR WARRANTY WHICH MIGHT BE IMPLIED OR INCORPORATED INTO THESE TERMS BY STATUTE, COMMON LAW OR OTHERWISE IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, WE WILL NOT BE RESPONSIBLE FOR ENSURING THAT ANY ITINERARY IS SUITABLE FOR YOUR PURPOSES.
27. OUR LIABILITY IF YOU ARE A CONSUMER TRAVELLER
THIS CLAUSE ONLY APPLIES IF YOU ARE A CONSUMER TRAVELLER
27.1. WE, AND OUR AFFILIATES, DO NOT ACCEPT ANY RESPONSIBILITY FOR THE ACCURACY OF ANY INFORMATION INCLUDED IN THE ITINERARIES.
27.2. WE DO NOT IN ANY WAY EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
27.3. IF AND ONLY WHERE WE FAIL TO COMPLY WITH THESE TERMS, WE ARE RESPONSIBLE FOR LOSS OR DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF OUR BREACH OF THESE TERMS OR OUR NEGLIGENCE, BUT WE ARE NOT RESPONSIBLE FOR:
- ANY LOSS OR DAMAGE THAT WAS NOT FORESEEABLE WHEN THE CONTRACT BETWEEN US WAS FORMED, I.E. WHEN YOU SUBSCRIBED TO A MEMBERSHIP OR PURCHASED AN ITINERARY FROM OUR WEBSITE. LOSS OR DAMAGE IS FORESEEABLE IF IT IS AN OBVIOUS CONSEQUENCE OF OUR BREACH OR IF IT WAS CONTEMPLATED BY YOU AND US AT THE TIME WE ENTERED INTO THIS CONTRACT;
- ANY LOSS OR DAMAGE THAT WAS NOT CAUSED BY ANY BREACH ON OUR PART.
27.4. WE ONLY SUPPLY THE COURSES TO CONSUMERS FOR YOUR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE THE PRODUCT FOR ANY COMMERCIAL, BUSINESS OR RESALE PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
TERMS FOR AUTHORS
28. Author Itineraries
28.1. When you create an Itinerary, other users of our Website may be able to see your Itinerary, name, last name, your location, your photo, and other information you may have chosen to connect with your profile. Please bear in mind that this could reveal your identity in public. We therefore recommend that you exercise care in deciding which information to make available when posting your feedback, and be aware that depending on the level of information provided, you may or may not be anonymous.
28.2. By managing the personal settings of your account with us, you can choose to share certain personal information. This is entirely at your discretion and your preferences can be amended by you at any time.
28.3. We shall verify all Itineraries created before they are displayed or our Website, or a platform or a third party via us. The content of all Itineraries must comply with our Acceptable Usage terms detailed at clauses 12 and 13 above. We have the right to refuse to display an Itinerary on our Website, at our discretion, or request that changes are made.
28.4. To promote our Website and increase views of Itineraries by potential Travellers, Itineraries may be displayed on other third party websites, applications, emails, and online and offline advertisements. We will not share any personal data in relation to the Author of the Itineraries without the Author’s prior consent.
28.5. To assist Travellers or potential Travellers who speak different languages, Itineraries and other user content may be fully or partially translated into other languages. We cannot fully guarantee the accuracy or quality of such translations. Please note that we may display translations created by machine translation services.
28.6. When creating an Itinerary, the Author shall inform users within the Itinerary of all risks associated with the Itinerary as well as all requirements for Travellers, such as minimum age, related skills, level of training or other requirements.
28.7. You are responsible for understanding and complying with all applicable laws, regulations and requirements and obtaining all necessary licenses, permits or registration documents in relation to your activities on our Website as Author.
29. Author Membership Duration and Termination
29.1. As the Author is deriving a commercial benefit from the services provided by us on our Website, the Author is a business for the purposes of these Terms (i.e. not a consumer).
29.2. Membership is strictly voluntary. Both you and we may discontinue your participation at any time for any reason, or indeed no reason. You can do this by [clicking “Cancel my membership” tab in your membership account].
29.3. We reserve the right to suspend and/or terminate your membership, including your right to access the Website and the services it offers, at any time and without giving any reason.
29.4. In the event that your membership is terminated for any reason, you must immediately stop using our Website and the services offered.
30. Intellectual Property in the Itineraries
31.1. The Author shall retain ownership of the intellectual property relating to that Author’s Itineraries.
31.3. The expiry of the Author’s membership to the Road.Travel Website and/or the term of the rights conferred hereunder, does not entail the need for Road.Travel to withdraw from circulation the promotional and advertising materials displaying the Author’s Itinerary content (including their removal from the Internet).
31.4. The Author acknowledges and agrees that Road.Travel has the right to sub-license the rights conferred in clause 24.2 to third parties [during the term of the Author’s membership].
31. Author Commission
31.1. In consideration of Road.Travel providing the Author with the services hereunder, the Author shall pay to Road.Travel a commission (“Commission”), as follows:
|Method of accessing Itinerary by Traveller||Commission payable to Road.Travel|
|Where the Traveller found and viewed the Itinerary directly on the Road.Travel Website||40% of booking price of Author’s Itinerary|
|Where the Traveller accesses the Road.Travel Website from a third party and retains the unique code of the third party||50% of booking price of Author’s Itinerary|
|Where the Traveller accesses the Road.Travel Website while retaining the unique code of the Author in the link||20% of booking price of Author’s Itinerary|
31.2. Each Author appoints Road.Travel as his collection agent solely for the purpose of receiving funds from Travellers who purchase his Itineraries.
31.3. The Author is notified that Road.Travel may be obliged to return the fees payable by the Traveller hereunder to the Traveller in accordance with these Terms or other legal requirements. The Author understands that Road.Travel’s obligation to transfer the Commission is conditional on the successful receipt of the relevant funds from the Traveller. Road.Travel guarantees the transfer of the Commission solely in the amount in which it is successfully received by Road.Travel from the Traveller.
31.4. The Author guarantees that the cost of any of his Itineraries on the Road.Travel Website shall be no more than on any other resource on the Internet, including but not limited to his own website or social media accounts. If the Traveller finds this Author’s Itinerary at a lower cost within 24 hours after a particular Itinerary has been purchased and provides a valid link to Road.Travel to the information about it, Road.Travel shall refund the Traveller the difference between the cost of the Itinerary on the Road.Travel Website and that found by the Traveller. In this case, the Author shall immediately lower the cost of the itinerary on the Website to match the lower cost found elsewhere and compensate Road.Travel for this difference.
32. Our Liability if you are an Author
THIS CLAUSE ONLY APPLIES IF YOU ARE AN AUTHOR
32.1. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
32.2. WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
- USE OF, OR INABILITY TO USE, OUR WEBSITE; OR
- USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR WEBSITE.
32.3. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH THESE TERMS, FOR:
- LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
- LOSS OR CORRUPTION OF DATA, INFORMATION OR SOFTWARE;
- BUSINESS INTERRUPTION;
- LOSS OF ANTICIPATED SAVINGS;
- LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; OR
- ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
32.4. SUBJECT TO THE ABOVE, OUR TOTAL LIABILITY IN RESPECT OF ALL LOSSES ARISING UNDER OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED [£10,000].
32.5. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, WE DO NOT GIVE ANY REPRESENTATION, WARRANTIES OR UNDERTAKINGS IN RELATION TO THE GOODS/SERVICES PROVIDED ON OUR WEBSITE. ANY REPRESENTATION, CONDITION OR WARRANTY WHICH MIGHT BE IMPLIED OR INCORPORATED INTO THESE TERMS BY STATUTE, COMMON LAW OR OTHERWISE IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, WE WILL NOT BE RESPONSIBLE FOR ENSURING THAT ANY ITINERARY IS SUITABLE FOR YOUR PURPOSES.
33. Author Indemnity
NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, YOU AGREE TO FULLY INDEMNIFY, DEFEND AND HOLD US, AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND SUPPLIERS, HARMLESS IMMEDIATELY ON DEMAND, FROM AND AGAINST ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF ANY BREACH BY YOU OF THE TERMS OR ANY OTHER LIABILITIES RESULTING FROM THE USE BY OTHERS OF YOUR ITINERARIES.
34.1. If your payment of any fees payable under these Terms is not received by us in accordance with the above, we may charge interest on any balance outstanding at the rate of 8% per year above the Bank of England’s base rate.
34.2. If your membership is terminated or expires for any reason, it will not affect our right to receive any money which you owe to us under these Terms.
34.3. Payment of the fees due hereunder may be made via third-party websites and resources. The operation of this is subject to the third party’s terms and conditions, including privacy terms, and users of this Website should read them separately where applicable.
34.4. Road.Travel have the right to request any information to identify or verify the payer’s identity, as well as to prevent fraud. In certain jurisdictions, we may be legally required to collect personal information to comply with anti-money laundering regulations. Road.Travel reserves the right to terminate, suspend or limit access to the goods/services available through our Website if your information cannot be obtained or verified.
34.5. The payer is obliged to provide accurate, valid and complete information when making payment of any fees due hereunder and is responsible for maintaining the validity of their payment method.
34.6. Payment may require the use of third-party payment processors. Such payment operators may charge the payer additional fees for processing payments. Road.Travel shall not be liable for such fees and disclaims any liability in this regard.
34.7. The payer hereby authorises Road.Travel to store information about his payment method and to debit the specified payment method in accordance with these Terms.
34.8. The payer is fully responsible for the accuracy and completeness of the information relating to his payment method Road.Travel is not responsible for any losses incurred as a result of the payer providing incorrect information.
34.9. In order to make payment, the Traveller shall enter his/her payment card details each time he/she makes a payment for an Itinerary and/or membership.
34.10. The Traveller will be redirected to a payment window to enter payment card details when the Traveller clicks the “Pay” button.
34.11. Subject to receipt of authorisation from the Traveller’s payment card issuer, the funds shall be debited from the Traveller’s payment card.
34.12. If you purchase a membership subscription, the payment method you specify will be used to automatically debit payments at the beginning of each new membership period. A period is one calendar month.
34.13. In order to avoid further payment, the Member must cancel the subscription at least one day before the date of the new payment in the section “Subscription” in his personal account. Cancellation of auto-renewal of the subscription will result in termination of payments for it, as well as loss of access to the membership features at the end of the current paid period.
34.14. The expiration date of the paid period and information about the date of the next automatic payment is specified in the “Subscription” section of the Member’s personal account.
35. EVENTS BEYOND OUR CONTROL
We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control, including but not limited to, strikes, lock-outs, or other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident, or epidemics or pandemics.
36.1. If any part of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
36.2. Each clause or any part at all of these Terms is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of these Terms.
36.3. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision of these Terms.
36.4. You agree that nothing in these Terms will be deemed to create any partnership, joint venture or agency relationship between us.
36.5. We may transfer our rights and obligations under these Terms to another organisation. We will notify you if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these Terms to another if we first agree in writing.
36.6. These Terms and our Privacy and Cookies Policy, constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter. You acknowledge that in accepting these Terms, you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or our Privacy and Cookies Policy.
37. APPLICABLE LAWS AND GOVERNING JURISDICTION
These Terms, their subject matter and their formation, are governed by and construed in accordance with the laws of England. You agree that the courts of London, England will have exclusive jurisdiction.
38. HOW TO CONTACT US
You can contact us by post, email or telephone if you have any questions about these Terms or just want to get in touch.
Our contact details are shown below:
|Address:||Timescenery Ltd, C/O Redfern Legal Llp, 7 Henrietta Street, Covent Garden, London, WC2E 8PS, United Kingdom|
|Telephone number:||+44 (0) 800 041 8483|
APPENDIX TO THE TERMS
List of goods and services prohibited for advertising, distribution, sale on the Website:
- intimate services, as well as erotic materials and services for adults, including sex toys and condoms, underwear with necklines or transparent (see-through);
- all types of weapons (hunting, pneumatic, strike ball, civilian, paintball, etc.), including edged weapons (except for kitchen knives, penknives, office knives), as well as components for them, copies of collectible weapons, souvenir and decorative weapons, as well as products structurally similar to weapons;
- arms, ammunition, military equipment, components and spare parts, all types of rocket fuel, explosives and waste, blasting agents, gunpowder, pyrotechnics, lasers, chemical warfare agents, special equipment of paramilitary personnel and materials, special equipment, regulatory and technical documentation for their production and operation, uniforms of government officials, including with insignia;
- alcohol, alcoholic beverages, as well as devices for their manufacture;
- tobacco, tobacco products, tobacco products, electronic cigarettes, hookahs, including accessories and consumables, smoking accessories (except lighters and ashtrays);
- drugs and pharmaceuticals, including those used in veterinary medicine;
- medical services, including nutritional counselling, veterinary services, Botox injections, therapeutic or paediatric massages, and cosmetic services;
- human organs and tissues, donor services, and surrogate services;
- coins and banknotes in circulation;
- state awards;
- writing services and finished theses, term papers, similar types of works;
- goods, turnover of which violates intellectual rights of third parties;
- securities (shares, bonds, checks, etc.) except for securities for collection purposes explicitly indicated expiry date and / or marking of invalidity / cancellation / redemption;
- poisons, narcotics and psychotropic substances. goods and equipment containing radioactive substances and isotopes, uranium and other fissile materials and products and wastes thereof;
- goods or services designed to deceive users or public authorities, including identification documents, service certificates, passes, medical certificates, blanks of documents and other similar kinds of documents, including databases containing personal data, materials and services containing state, bank, commercial and other secrets (including the codes of bank cards, safes, etc.);
- accounts of resources and services (social networks, e-mail, games, etc.);
- technical means intended for surreptitious obtaining of information, as well as encryption equipment;
- goods and services without consumer value, as well as transcendental services:
- witchcraft, magic, alternative medicine;
- objects of cultural and archaeological heritage;
- services for installation of illegal copies of software and change of factory settings, including: firmware, unlock, jailbreak, etc.;
- extremist materials, goods with Nazi symbols;
- rare and endangered animals and plants, products made of them, as well as the skins, feathers and other parts and organs of wild animals;
- gaming and lottery equipment used for gambling; traps and fishing nets;
- offers for the sale and registration of phone numbers, SIM-cards or low cost tariffs and cable TV cards;
- offers for artes; services related to illegal software installation and changes in factory settings.