Article 1 Definitions
1.1 In these General Terms and Conditions the following terms shall have the meanings indicated below unless expressly stated otherwise or unless the context otherwise requires:
a. Topdeals4Travel: the User of these General Terms and Conditions: Gate4Travel BV acting under the name “Topdeals4Travel”, registered at Deventer, the Netherlands, Daniël Ruynemanstraat 13, and registered with the Chamber of Commerce under “KvK” number 62716913;
b. User: the natural person who uses the Website and/or Services provided by Topdeals4Travel;
c. Services: the Services provided to User by Topdeals4Travel, such as finding the best offer of Providers for User at User’s request;
d. Website: the Website www.topdeals4travel.com that is operated by Topdeals4Travel;
e. Provider: the company that offers holidays, airline tickets, bus travels, city trips, hotels and/or day trips through the internet.
Article 2 General
2.1 These General Terms and Conditions apply to each and any use of the Website and the Services.
2.2 Any deviations of these General Terms and Conditions shall be valid only if expressly agreed in writing or electronic form.
2.3 In case one or more provisions of these General Terms and Conditions should be void or declared ineffective the remaining provisions of these General Terms and Conditions shall remain in full force and effect. In that case Topdeals4Travel shall have the right to replace said provision by a provision that does not unreasonably affects User and that most closely approximates the ineffective provision.
2.4 Topdeals4Travel has the right to modify these General Terms and Conditions.
Article 3 Fair use
3.1 It is prohibited to use the Services in such a way that this use would affect other Users or that would affect the proper performance of the Services in any other way. Further it is prohibited to access restricted areas of the Website by circumventing security measures or using other than one’s own personal log in information.
Article 4 Blocking of access in case of misuse
4.1 In case User violates the conditions for use of the Services Topdeals4Travel shall have the right to deny User further access to the Services without further notice of default and to remove the data of User from the systems of Topdeals4Travel, without prejudice to the other rights of Topdeals4Travel.
Article 5 Services
5.1 Topdeals4Travel has the right to modify the content and performance of the Website and the provision of its Services without further notice.
5.2 The Services that are offered by Topdeals4Travel are indicated clearly on the Website. Apparent mistakes and/or typographical errors on the Website are not binding upon Topdeals4Travel. Topdeals4Travel will provide the Services to the best of its abilities and exercising such due care as may be expected of a professional.
5.3 For provision of the Services Topdeals4Travel depends on services or networks of third parties. Topdeals4Travel is not liable for damage of any kind, however caused, by Services or networks of third parties.
5.4 Topdeals4Travel has the right to temporarily disable the Website for the purpose of maintenance.
5.5 Topdeals4Travel may at all times decide to terminate the provision of its Services.
5.6 The use of the Website and the Service by User is free of charge.
Article 6 Offer of Providers
6.1 The information about the offer of a Provider is obtained from the website of the Provider.
6.2 On conclusion of an Agreement with a Provider User is obliged to pay to Provider the price agreed with Provider. The prices of Providers indicated on the Website are obtained from Providers. Prices indicated are expressed inclusive of VAT (“btw”). Prices indicated are subject to change and may apply for a specific period of time only.
6.3 Topdeals4Travel cannot guarantee that the information on the offer of a Provider is correct and complete. In case User wishes to be certain that information on the offer of a Provider is correct and/or complete, User is obliged to contact the Provider concerned.
Article 7 Websites of Providers and agreement between User and Provider
7.1 User may click on links on the Website or in email messages. In that case User will enter the website of the Provider concerned and User may make a booking on the website of the Provider. The use of links is entirely at the risk of User. Topdeals4Travel does not in any way guarantee the performance of websites of Providers and cannot guarantee that the information on websites of Providers is correct and complete.
7.2 On conclusion of an agreement between User and a Provider the general terms and conditions of the Provider concerned apply. These General Terms and Conditions of Topdeals4Travel are no part of the agreement between User and Provider.
7.3 In case Provider does not comply with its obligations towards User Topdeals4Travel can never be made liable for said non-compliance. In case Provider does not comply with its obligations towards User, that shall be a matter between Provider and User, and User shall call Provider – not Topdeals4Travel - to account. Topdeals4Travel cannot guarantee that a Provider will comply with its obligations towards User.
Article 8 Account and alert
8.1 User may create an account on the Website. User may create an account by completing and submitting the registration form or by logging in using an external account (such as Google, Facebook, Outlook or Twitter). In case User logs in using an external account, User may immediately use the Services.
8.2 The account can be created only after User has clicked the indication that User accepts these General Terms and Conditions.
8.3 After the account has been created, Topdeals4Travel will immediately send User a confirmation by email.
8.4 After the account has been created User may set up an alert on User’s profile page, after which User will receive a notice by email once Topdeals4Travel has found the best offer for User. Topdeals4Travel cannot guarantee that the offer in the email will (entirely) match User’s requirements. Setting up an alert is free of engagement and free of charge.
8.5 User will at all times be responsible for User’s account and log in information.
8.6 In case User acts in violation of these General Terms and Conditions, the agreement, legislation and regulations, any rights of third parties or commits a tort against Topdeals4Travel, User shall be liable for any damage caused to Topdeals4Travel as a result of that, and Topdeals4Travel shall have the right to block the account of User. User will be informed of that by email.
Article 9 Obligations of User
9.1 Once User has logged in User may comment on an offer of a Provider.
9.2 User shall not place on the Website any information that:
a. violates national and international legislation;
b. violates public decency or the spirit of behaviour and rules of conduct that apply on the internet, such as insults or discriminatory texts;
c. violates rights of third parties which applies in particular to intellectual property rights of third parties.
9.3 Topdeals4Travel at all times reserves the right to refuse or remove content of User.
Article 10 Intellectual property rights
10.1 Any intellectual property rights in respect of the Website, such as illustrations, informative texts and reviews, the software and information provided to User by Topdeals4Travel shall be vested in Topdeals4Travel or its licensor. User is prohibited from reproducing, disclosing or copying such information.
Article 11 Customer service
11.1 Complaints or questions with respect to the Services may be submitted to customer service of Topdeals4Travel. Customer service of Topdeals4Travel may be reached by means of email, address: firstname.lastname@example.org.
11.2 Complaints will be settled by Topdeals4Travel within 14 days. In the unexpected case that settlement of a complaint is not possible within the time of 14 days, User will be informed of the duration of the delay.
Article 12 Liability
12.1 Topdeals4Travel cannot guarantee continued availability of its Services and the correctness of all information that is made available on the Website. The Website may have technical defects or contain other errors. The Website is offered as is and as available, without any express or implied warranty of whatever kind.
12.2 Topdeals4Travel does not guarantee that the Service is free from malfunctions. User acknowledges that the provision of Services may be interrupted due to various reasons. Topdeals4Travel is not liable for damage resulting from the temporary interruption of the Service.
12.3 Topdeals4Travel cannot be made liable in case unauthorized third parties use User’s log in information.
12.4 All information and data on the Website have been prepared with due care. However, the Website may contain errors and/or inconsistencies. Topdeals4Travel is not liable for damage caused by errors and/or inconsistencies, problems caused by or inherent in the use of the Website or the Services or caused by technical malfunctions. Topdeals4Travel cannot guarantee that information on the Website about the offer of Providers is correct and up to date.
12.5 The use of the Website and the Service is entirely at the risk of User. User himself is responsible for the decisions made by User whether in connection with the use of the Website and/or the Service or otherwise.
12.6 Topdeals4Travel can never be made liable for acts of third parties such as a Provider.
12.7 Topdeals4Travel is not liable for damage resulting from an agreement that has been concluded between User and a Provider as a result of the Services of Topdeals4Travel.
12.8 Topdeals4Travel is not liable for distortion or loss of information as a result of transmission of information by means of telecommunication facilities.
Article 13 Force majeure
13.1 Topdeals4Travel is not obliged to provide Services in case it is prevented to do so due to force majeure. Force majeure is understood to include but is not limited to: a non-attributable default on the part of third parties engaged, the temporary unavailability or lack of availability of hardware, software and/or the internet or other telecommunication connections which are necessary for the provision of the Services, weather influences, measures of the authorities, power interruptions, war and riot, fire, theft, loss of data due to computer malfunctions, virus infections or computer intrusion by any third parties as well as any situations which Topdeals4Travel cannot (decisively) control.
13.2 Topdeals4Travel cannot be made liable for any damage caused to User in case of force majeure.
Article 14 Security
14.1 Topdeals4Travel makes due effort to secure its systems and the Website from unauthorized use and loss of data entered. The Website is secured with an SSL certificate. It is impossible to completely rule out any unauthorized use and undesired loss of data. Topdeals4Travel does not accept any liability in case, despite the precautions taken, data entered are compromised, lost or used by unauthorized third parties, unless in case of intent or conscious recklessness on the part of Topdeals4Travel.
Article 15 Privacy
15.1 Topdeals4Travel processes personal data in accordance with its privacy statement that has been made available on the Website.
Article 16 Applicable law and competent court of law
16.1 All Services provided by Topdeals4Travel are governed by Netherlands law.
16.2 Any disputes between User and Topdeals4Travel shall be submitted to the exclusive jurisdiction of the competent Netherlands court of law in the district in which Topdeals4Travel has its registered place of business. Within 1 month after Topdeals4Travel has invoked this article against User in writing, User has the possibility to opt for settlement of the dispute by the court of law that is competent on the basis of the law.
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