Conditions of Use
Welcome to
EuroQuest LLC. EuroQuest LLC and its affiliates provide their services to you
subject to the following conditions. If you visit or shop on all the
different EuroQuest LLC consumer web sites,
you accept these conditions. Please read them carefully. In addition, when
you use any current or future EuroQuest LLC service or visit or purchase from
any business affiliated with EuroQuest LLC, whether or not included in the
EuroQuest LLC consumer Web sites, you also will be subject to the guidelines and
conditions applicable to such service or business.
EuroQuest LLC. reserves the right to change the terms, conditions, and notices
under which this Web site is offered and you agree to accept and be bound by
those terms, conditions, and notices that are in effect at the time of your use
of TourPackagers facilities.
GENERAL
This agreement is
governed by the laws of the State of
New
Jersey,
USA.
You hereby consent to the exclusive jurisdiction and venue of courts in Jersey City,
New Jersey, USA,
in all disputes arising out of or relating to the use of this Web site. Use of
this Web site is unauthorized in any jurisdiction that does not give effect to
all provisions of these terms and conditions, including, without limitation,
this paragraph.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and EuroQuest LLC. as a result of this
agreement or use of this Web site.
EuroQuest LLC.'s performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in
derogation of EuroQuest LLC.'s right to comply with law enforcement requests or
requirements relating to your use of this Web site or information provided to or
gathered by EuroQuest LLC. with respect to such use.
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
agreement shall continue in effect.
This agreement (and any other terms and conditions referenced
herein) constitutes the entire agreement between the customer and EuroQuest LLC.
with respect to this Web site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between the
customer and EuroQuest LLC. with respect to this Web site. A printed version of
this agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters,
and/or data mentioned herein are not intended to represent any real individual,
company, product, or event.
Any rights not expressly granted herein are reserved.
PRIVACY
Please review our
Privacy Policy, which also governs your visit to EuroQuest LLC consumer web
sites, to understand
our practices.
ELECTRONIC
COMMUNICATIONS
When you visit
a EuroQuest LLC consumer web site or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content
included on all EuroQuest LLC consumer web sites, such as text, graphics, logos, button icons, images,
audio clips, digital downloads, data compilations, and software, is the property
of EuroQuest LLC or its content suppliers and protected by United States and
international copyright laws. The compilation of all content on this site is the
exclusive property of EuroQuest LLC and protected by U.S. and international
copyright laws. All software used on this site is the property of EuroQuest LLC
or its software suppliers and protected by United States and international
copyright laws.
TRADEMARKS
MUSEUMPASS.COM,
EUROQUEST.COM, EUROQUESTPASS.COM,
FRANCECARD.COM, FRANCEVACATION.NET, FRENCHEXPERIENCE.COM, FRANCECITYTOURS.COM,
ITALIATOURS.COM, TOURITALIA.COM, TOURPACKAGERS.COM, and other marks indicated on our
sites are registered trademarks of EuroQuest LLC, Inc. or its subsidiaries, in
the United States
and other countries. EuroQuest LLC graphics, logos, page headers, button icons,
scripts, and service names are trademarks or trade dress of EuroQuest LLC, Inc.
or its subsidiaries. EuroQuest LLC's trademarks and trade dress may not be used
in connection with any product or service that is not EuroQuest LLC's, in any
manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits EuroQuest LLC. All other trademarks not owned by
EuroQuest LLC or its subsidiaries that appear on this site are the property of
their respective owners, who may or may not be affiliated with, connected to, or
sponsored by EuroQuest LLC or its subsidiaries.
PATENTS
One or more
patents apply to this Site and to the features and services accessible via the
Site, including without limitation: U.S. Patent and all corresponding foreign
counterparts.
LICENSE AND SITE
ACCESS
EuroQuest LLC
grants you a limited license to access and make personal use of their sites and
not to download (other than page caching) or modify it, or any portion of it,
except with express written consent of EuroQuest LLC. This license does not
include any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of this site or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools. This site or any
portion of this site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without express
written consent of EuroQuest LLC. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of EuroQuest LLC and our
affiliates without express written consent. You may not use any meta tags or any
other "hidden text" utilizing EuroQuest LLC's name or trademarks without the
express written consent of EuroQuest LLC. Any unauthorized use terminates the
permission or license granted by EuroQuest LLC. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page of
EuroQuest LLC so long as the link does not portray EuroQuest LLC, its
affiliates, or their products or services in a false, misleading, derogatory, or
otherwise offensive matter. You may not use any EuroQuest LLC logo or other
proprietary graphic or trademark as part of the link without express written
permission.
SOFTWARE AVAILABLE
ON THIS WEB SITE
Any software that is made available to
download from this Web site ("Software") is the copyrighted work of EuroQuest
LLC, and/or their suppliers. Your use of the Software is governed by the terms
of the end user license agreement, if any, which accompanies, or is included
with, the Software ("License Agreement"). You may not install or use any
Software that is accompanied by or includes a License Agreement unless you first
agree to the License Agreement terms.
For any Software not accompanied by a License Agreement,
EuroQuest LLC. hereby grants to you, the user, a personal, nontransferable
license to use the Software for viewing and otherwise using this Web site in
accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation,
all HTML code and Active X controls contained on this Web site, is owned by
EuroQuest LLC. and/or their suppliers, and is protected by copyright laws and
international treaty provisions. Any reproduction or redistribution of the
Software is expressly prohibited by law, and may result in severe civil and
criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL,
ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying
documentation and/or technical information are subject to applicable export
control laws and regulations of the USA. You agree
not to export or re-export the Software, directly or indirectly, to any
countries that are subject to
USA
export restrictions.
CURRENCY CONVERTER
Currency rates are based on various publicly available sources
and should be used as guidelines only. Rates are not verified as accurate, and
actual rates may vary. Currency quotes are not updated every day. Check the date
on the Currency Converter for the day that currency was last updated. The
information supplied by this application is believed to be accurate, but
EuroQuest LLC., its affiliates, and/or their suppliers do not warrant or
guarantee such accuracy. When using this information for any financial purpose,
EuroQuest LLC. advises the customer to consult a qualified professional to
verify the accuracy of the currency rates. EuroQuest LLC., its affiliates,
and/or their suppliers do not authorize the use of this information for any
purpose other than personal use and prohibit to the maximum extent allowable the
resale, redistribution, and use of this information for commercial purposes.
YOUR ACCOUNT
If you use our
sites, you are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or
password. EuroQuest LLC does sell products to children, but it sells them to
adults, who can purchase with a credit card. If you are under 18, you may use
EuroQuest LLC sites, only with involvement of a parent or guardian. EuroQuest
LLC and
its affiliates reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS,
COMMUNICATIONS, AND OTHER CONTENT
Visitors may post
reviews, comments, and other content; send e-mails and other communications; and
submit suggestions, ideas, comments, questions, or other information, so long as
the content is not illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of a
card or other content. EuroQuest LLC reserves the right (but not the
obligation) to remove or edit such content, but does not regularly review posted
content.
If you do post
content or submit material, and unless we indicate otherwise, you grant
EuroQuest LLC and its affiliates a nonexclusive, royalty-free, perpetual,
irrevocable, and fully sub licensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant EuroQuest LLC and its
affiliates and sub licensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you will
indemnify EuroQuest LLC or its affiliates for all claims resulting from content
you supply. EuroQuest LLC has the right but not the obligation to monitor and
edit or remove any activity or content. EuroQuest LLC takes no responsibility
and assumes no liability for any content posted by you or any third party.
COPYRIGHT
COMPLAINTS
EuroQuest LLC and
its affiliates respect the intellectual property of others. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please send a notice to the address provided below.
RISK OF LOSS
All items
purchased from EuroQuest LLC consumer web sites are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
PRODUCT
DESCRIPTIONS
EuroQuest LLC and
its affiliates attempt to be as accurate as possible. However, EuroQuest LLC
does not warrant that product descriptions or other content of its sites is
accurate, complete, reliable, current, or error-free. If a product offered by
EuroQuest LLC consumer web sites is not as described, your sole remedy is to return it in
unused condition.
Although EuroQuest LLC. takes reasonable care to ensure that
published descriptions are correct, it is only a booking service and does not
own or operate hotels. EUROQUEST LLC. ACCEPTS NO LIABILITY FOR ERRORS OR
OMISSIONS IN THE DESCRIPTION OF HOTELS ON THE WEB SITE. EuroQuest LLC. reserves
the right to change your hotel booking to one of at least comparable standard
and to notify you of such change as soon as possible after it occurs. No
compensation is payable for such changes. In extreme circumstances EuroQuest
LLC. may be forced to cancel your booking in which case you will be notified of
such change as soon as possible, a full and prompt refund will be made and
EuroQuest LLC. will not be under any further liability to you or your party.
EuroQuest LLC. endeavors to ensure that its discount vouchers are always
redeemable, however we allow our supplier partners to change the terms of these
vouchers or withdraw them without notice at any time. This rarely happens and
whilst the discount should be available it cannot therefore be guaranteed.
OTHER BUSINESSES
Parties other than
EuroQuest LLC and its subsidiaries operate stores, provide services, or sell
product lines on our sites. In addition, we provide links to the sites of
affiliated companies and certain other businesses. We are not responsible for
examining or evaluating, and we do not warrant the offerings of, any of these
businesses or individuals or the content of their Web sites. EuroQuest LLC does
not assume any responsibility or liability for the actions, product, and content
of all these and any other third parties. You should carefully review their
privacy statements and other conditions of use.
LINKS TO
THIRD-PARTY SITES
This Web site may contain hyperlinks to Web sites operated by
parties other than EuroQuest LLC. Such hyperlinks are provided for your
reference only. EuroQuest LLC. does not control such Web sites and is not
responsible for their contents or your use of them. EuroQuest LLC.'s inclusion
of hyperlinks to such Web sites does not imply any endorsement of the material
on such Web sites or any association with their operators.
TERMS, CONDITIONS
AND WARRANTIES
Tax Recovery Charge
EuroQuest LLC. is not the vendor
collecting and remitting said tax to the applicable tax authorities. The vendors
bill all applicable taxes to EuroQuest LLC. remits such tax directly to the
vendor. EuroQuest LLC. is not a co-vendor associated with the vendor with whom
we book or reserve our customer's travel arrangements.
Taxability and the appropriate tax rate vary greatly by
location. EuroQuest LLC.s actual tax cost paid to the vendor may vary from the
tax recovery charge, depending upon the rates, taxability, etc. in effect at the
time of the actual use of the hotel, automobile, etc. by our customer.
EuroQuest LLC. does not incur the cost of sales tax from
vendors located in Alaska, Delaware, Montana, New Hampshire and
Oregon
as these states do not impose a sales tax. Also, certain jurisdictions impose a
hotel occupancy tax or other type of transaction tax upon the renting of a hotel
room, an automobile, etc. The type of tax charged by the vendor will vary by
service and location.
Service Fee
These fees cover the costs incurred by EuroQuest LLC. in
servicing your travel reservation.
Travel Destinations
Although most travel, including
travel to international destinations, is completed without incident, travel to
certain destinations may involve greater risk than others. EuroQuest LLC. urges
passengers to review travel prohibitions, warnings, announcements and advisories
issued by the United States Government prior to booking travel to international
destinations. Information on conditions in various countries and the level of
risk associated with travel to particular international destinations can be
found at
www.state.gov,
www.tsa.gov,
www.dot.gov,
www.faa.gov,
www.cdc.gov,
www.treas.gov/ofac and
www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL
DESTINATIONS, EUROQUEST LLC. DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH
POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES
THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. IN PARTICULAR, EUROQUEST LLC. DO NOT GUARANTEE THE ACCURACY OF, AND
DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION
OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS
WEBSITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL AMENITIES,
GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY
THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED
AS ONLY GENERAL GUIDELINES, AND EUROQUEST LLC. AND ITS AFFILIATES DO NOT
GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. EUROQUEST LLC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
EUROQUEST LLC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND
THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB
SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR
SERVICES BY EUROQUEST LLC. OR ITS AFFILIATES.. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
EUROQUEST LLC., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPLIERS PROVIDING TRAVEL OR
OTHER SERVICES FOR EUROQUEST LLC. ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR
EMPLOYEES OF EUROQUEST LLC. EUROQUEST LLC IS NOT LIABLE FOR THE ACTS, ERRORS,
OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH
SUPPLIERS OR FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY DAMAGE, OR OTHER
DAMAGES OR EXPENSES RESULTING THEREFROM. EUROQUEST LLC. AND ITS AFFILIATES HAVE
NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION,
OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL,
AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS,
RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL EUROQUEST LLC., AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF
THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF EUROQUEST LLC., ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend and indemnify EuroQuest LLC., its
affiliates, and/or their respective suppliers and any of their officers,
directors, employees and agents from and against any claims, causes of action,
demands, recoveries, losses, damages, fines, penalties or other costs or
expenses of any kind or nature including but not limited to reasonable legal and
accounting fees, brought by
i.
you or on your
behalf in excess of the liability described above; or
ii.
by third parties
as a result of
a.
your breach of
these Web Site Terms, Conditions and Notices or the documents referenced herein;
b.
your violation
of any law or the rights of a third party; or
c.
your use of this
Web site.