When you visit our website or send e-mails to us, you are communicating electronically. We will also communicate with you by e-mail. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any requirement that such communications be in writing.
By using this website, you warrant to us that:
- all review information supplied by you on this Website is true, accurate, current and complete;
- you will supervise and be completely responsible for any use of your computer by anyone other than you;
- you agree to be financially responsible for all charges, fees and other sums of whatever nature which arise out of your use of our Website;
- all information that you provide about yourself and about anyone else shall be true and accurate.
INFORMATION ABOUT US:
The Website is owned by Kosmar Holidays Limited (“Kosmar”), a company registered in England (registration number 11367550) whose registered office is at Spaces, Acero, 1 Concourse Way, Sheffield S1 2BJ.
TERMS THAT MAY APPLY TO YOU:
- Our Privacy and Cookies (kosmarholidays.co.uk/information/privacypolicy) Policy, which set out the terms on which we process any personal data we collect from you, or that you provide to us along with information about the cookies on our Website. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate
- Our Agency Terms of Business (kosmarholidays.co.uk/information/agencyterms) will apply to any booking of travel services that you make via our Website.
Subject also, where applicable, to our Agency Terms of Business, you are permitted to use this Website for the following, private, non-commercial purposes:
- viewing this Website;
- making legitimate enquiries on behalf of yourself or another person for whom you are legally authorised to act;
- making legitimate bookings on behalf of yourself or another person for whom you are legally authorised to act;
- reviewing/changing bookings;
- transferring to other websites through links provided on the Website; and
- posting reviews, comments, photos, videos and other permitted content on the Website
- making use of other facilities that may be provided on the Website
You may download such content from the Website as is essential for a permitted use but you may not otherwise copy, modify, reproduce, sell, lease, market or distribute the content placed on the Website without our prior written consent.
YOU SHALL NOT
- post, transmit or disseminate any information on or via this Website which is or may be harmful, obscene, defamatory or otherwise illegal, or may cause an infringement of the rights of any other party;
- make any unauthorised, false or fraudulent bookings;
- use any automated system or software to extract data from this Website for commercial purposes (“screen scraping”);
- take any other action that imposes an unreasonable or disproportionately large load on this Website or its related infrastructure;
- use any software, routine or device to interfere or attempt to interfere with the operation or functionality of this Website including, but not limited to, uploading or making available files containing corrupt data or viruses by whatever means;
- deface, alter or interfere with the appearance and layout of this Website or the underlying software code.
Without prejudice to any of our other rights, we reserve the right to deny access to this Website and/or cancel bookings if we believe (at our absolute discretion) that you are in breach of any of our term and conditions.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
We reserve the right to change, modify, substitute, suspend or remove without notice any information or service.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website.
Our Website is directed to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate or available in other locations. We may limit the availability of our Website or any service or product described on our Website to any person or geographic area at any time. If you choose to access our Website from outside the United Kingdom, you do so at your own risk.
INTELLECTUAL PROPERTY RIGHTS
All information, data and materials presented on this Website are subject to copyright, trade mark rights, database rights and/or other intellectual property rights. We 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 copyright laws and treaties around the world. All such rights are reserved.
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.
NO RELIANCE ON INFORMATION
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely.
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.
We may upload traveller reviews, blogs and recommendations on to our website. Such reviews and blogs are the personal opinions of the author of said content and not that of Kosmar Holidays Limited. We take no responsibility and accept no liability in relation to these reviews, blogs, recommendations or other similar content on the website, or any resulting acts, omissions or losses incurred.
We may provide links to other websites maintained by third parties, which we think may be of interest to visitors of the Website. Such other websites are not under our control or maintained by us and we are not responsible for their content. We provide links to these websites for your convenience only and do not monitor or endorse the material on them. We cannot accept any liability whatsoever in relation to any other such websites or in relation to any material or information appearing on or originating from them. You should always run an anti-virus programme on all content and materials downloaded from the Internet in general and the Website in particular.
REVIEWS, COMMENTS, PHOTOS, VIDEOS AND USE OF OTHER INTERACTIVE AREAS
We appreciate hearing from you. Please be aware that by submitting content to our website by electronic mail, postings on this website or otherwise, including any hotel reviews, questions, comments, photos, videos, suggestions, ideas or the like contained in any submissions (collectively, “submissions”), you grant Kosmar Holidays and other companies within the Kosmar Travel Group a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such submission. You acknowledge that Kosmar may choose to provide attribution of your comments or reviews at our discretion. You further grant Kosmar the right to pursue at law any person or entity that violates your or Kosmar rights in the submissions by a breach of this agreement. You acknowledge and agree that submissions are non-confidential and non-proprietary.
Kosmar does not edit or control the user messages posted to or distributed on this Website including through any reviews, comment posts or other communications forums, and will not be in any way responsible or liable for such user messages. Kosmar nevertheless reserves the right for any reason in its sole discretion to remove without notice any user messages and/or Website content.
The Website may contain review services, comment boards 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 Website (“Interactive Areas”). If Kosmar provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
- Any message, photos, video, data, information, text, music, sound, graphics, code or any other material (“Content”) that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Content that would constitute, encourage, promote or provide instructions for a conduct of an illegal activity, criminal offense, give rise to civil liability, violate the rights of any party in any country in the world, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of any rules of any of securities exchange;
- Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Kosmar;
- Unsolicited promotions, mass mailings or “spamming”, transmission of “junk mail”, “chain letters,” political campaigning, advertising, contests, raffles, or solicitations;
- Content containing commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- Content or links to content that, in the sole judgment of Kosmar, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or (d) which may expose Kosmar or other companies within the Kosmar Travel Group or its users to any harm or liability of any type.
Kosmar takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Kosmar liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Kosmar is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other Interactive Area. Although Kosmar has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Kosmar reserves the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any content you post or store on the Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by Kosmar or other companies within the Kosmar Travel Group its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Kosmar, and other companies within the Kosmar Travel Group, its licensees, successors and assigns, from any claims that you could otherwise assert against Kosmar by virtue of any such moral rights.
NOTICE AND TAKE-DOWN POLICY FOR ILLEGAL CONTENT
Kosmar operates on a “notice and takedown” basis. If you have any complaints or objections to material or content posted on this Website, or if you believe that material or content posted on this Website infringes a copyright that you hold, please email us immediately at email@example.com. Once this procedure has been followed Kosmar will make all reasonable endeavours to remove illegal content within a reasonable time.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any content on it, whether express or implied.
We will not be liable to any user 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.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of any booking that you make via our Website, which will be set out in our Agency Terms of Business (kosmarholidays.co.uk/information/agencyterms).
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 in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which 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. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
LINKING TO OUR WEBSITE
You must not link (including deep linking) to our Website or access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our prior written agreement.
If you wish to make any use of content on our Website, please e-mail us at firstname.lastname@example.org.
APPLICABLE LAW AND JURISDICTION
Your use of the Website is governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.