Use of Web Site on these Conditions
This agreement describes the legal framework in which you participate on Luxury Explorer™, what your rights and responsibilities are and what you can expect from us.
www.luxuryexplorer.com ('the Site') is a website provided by Luxury Explorer Limited ('Luxury Explorer', 'we', 'us', 'our'). All use of the Site and use of booking services is on the terms and conditions below. If you do not agree to these conditions cease use of the Site immediately.
This agreement and our privacy statement (which is part of this agreement and which is set out below) constitute the entire agreement, and supersede any other agreements or understandings (oral or written), between you and us with respect to their subject matters. You may print and keep a copy of these Terms. They are a legal agreement between you and Luxury Explorer and can only be modified with our consent. We reserve the right to change the Terms at our discretion by changing them on the web site.
Making Bookings and Cancellations
We operate as a disclosed agent for third party suppliers (the hotels, travel agents and other travel experience providers featured on our Site). This means that the contract for the accommodation or other Luxury Explorer travel experience featured on the Site is between you and the supplier. You may not either book or cancel a booking on this site and we accept no liability whatsoever for any failure by any of the third parties featured on this Site to make or cancel any booking you make with them.
In many cases this will mean that there are additional terms and conditions governing the contract as each supplier may have their own terms and conditions. Whilst we may provide details of suppliers' policies these details are not intended to be a full list of the terms and conditions of any supplier.
When you make a booking a legally binding agreement is made when all your details have been entered and you click the "CONFIRM" "ACCEPT" or similar button on the appropriate web page.
You undertake that any details you provide in making a booking are correct.
Any cancellation of a booking must be made directly with the supplier and will be subject to that supplier's booking and other terms. Please be aware that the supplier may impose a cancellation charge depending on how far in advance of the booking you cancel. We do not accept liability for any cancellation charges incurred.
Accuracy of Information and Disclaimer
We do our best to ensure all information on the Site is accurate. If you find any inaccurate information on the Site let us know and we will correct it, where we agree, as soon as practicable. We make no representations that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information. This Site provides a large amount of information and there will inevitably be errors in it. We accept no liability and offer no warranties in relation to it and its content, to the fullest extent such liability can be excluded by law. Any views expressed in postings from users of services featured on this Site ('Postings') by users of the Site are not necessarily those of Luxury Explorer or anyone connected with it.
Intellectual Property on the Site
The Site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in future include video, graphics, music and sound. The entire contents of the Site are protected by copyright law. We, or our licensors, own copyright and/or database right in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these Terms.
You may download information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
Luxury Explorer and our logos on this site are our trade marks. You may not use those trade marks without our consent.
We provide hypertext links to other sites which are operated by other people. Using such a link means you are leaving our Site and we take no responsibility for, and give no warranties, guarantees or representations in respect of linked or featured sites.
Rules of Posting
We encourage Postings to the Site provided they are made in a responsible manner and for lawful purposes only. Only expressions of genuinely held belief or opinion of a person who has actually stayed at the hotel(s) or used the services in question may be posted. You accept all liability for the contents of all Postings made by you or on your behalf.
We cannot review all transmissions by our users, however we reserve the right to monitor any information transmitted or received through our service. Postings on this Site may at our discretion be removed, whether in breach of our rules or not, without further explanation or notice to you. We reserve the right to identify you in response to a court order, threat of legal action or complaint.
If you see any comment on this Site which breaches your or anyone else's rights or may be illegal, defamatory or otherwise should be removed, let us know immediately and we shall do our best to remove it as soon as possible pending investigation of the matter.
You indemnify (pay) us for any losses we suffer if you breach this provision or any other provision of our Terms and Conditions or the Rules of Posting (set out below).
You may not use, or allow others to use, any Posting or any other communication on or to this Site to:
Post any content that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing, or defamatory or which discloses private or personal matters concerning any person.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with anyone or entity.
Post or transmit any advertising, promotional materials, or other forms of solicitation.
Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer.
Post or transmit any material that you do not have a right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (as in non-disclosure agreements).
Stray from any discussion topic.
In the event that you feel that any message posted on this site is inappropriate, confidential, defamatory or in breach of the rules then please contact us on the details provided on this Site.
We provide information on this Site free of any charge to you as the Site user. The information provided on the Site is provided on the basis of no liability for the information given.
We do not accept any liability for the quality or type of services or goods provided by our third party suppliers (see Making Bookings and Cancellations), those whom we mention on our Site or to whom we have linked our Site. It is for you to make your own judgment about the quality of such providers.
We are a distributor (and not a publisher) of content supplied by third parties of the Site. Although reasonable efforts have been made to ensure that any statements made on this Site are materially true, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Site.
The information on the Site does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any decisions.
In no event shall we be liable to you for any indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of the Site or information on the Site. Subject as provided below, all terms implied by law are excluded to the fullest extent permitted by law.
By choosing to use Luxury Explorer.com, you agree to indemnify Luxury Explorer.com, its officers, agents, partners, and employees from any and all claims or damage, including reasonable lawyer's fees, made by third parties due to, or arising out of content you choose to submit, post or transmit through Luxury Explorer.com; or if your use of or connection to Luxury Explorer.com; your violation of these user terms; or, your violation of any rights of another.
Our total liability to you is limited to an amount of 1% of the value of any booking made by you.
We accept liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation.
Barring from the Site
We reserve the right to bar users from the Site, on a permanent or temporary basis at our discretion. Any such user shall be notified and must not then attempt to use the Site under any other name or through any other user.
Third party suppliers
Because your contract is with the third party supplier any enquiries or complaints should be addressed to them.
Legal Jurisdiction and Law
English law shall apply to these Terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms.
We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England.
Any formal legal notices should be sent to us at the address at the end of these Terms by email confirmed by post.
Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under this agreement. We may amend these Terms at any time by posting a variation on the Site. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
Further information on these conditions or any queries on them can be obtained from the Company Secretary, Luxury Explorer Limited, John Loftus House, Summer Road, Thames Ditton, Surrey, KT17 0RD, United Kingdom which is also the company's registered office.
Luxury Explorer Limited is a company registered in England, Company Number: 5156086.
This statement describes what you can expect from us regarding personal data on Luxury Explorer.com, and your associated rights and responsibilities. www.LuxuryExplorer.com is a website provided by Luxury Explorer Limited.
This statement is a part of the Luxury Explorer.com User Agreement but trumps any conflicts with the agreement. This statement does not address anyone else's practices or our practices beyond the Luxury Explorer.com site.
We are committed to protecting your privacy, and take our responsibilities regarding the privacy of you information very seriously. We do not sell, trade, or rent your personal information to others. This policy explains how we use any information and how we protect your privacy.
We use the latest Secure Sockets security protocols. When you book using our secure servers, all of your personal details are encrypted. This means that your information, which includes your name, address, and credit or debit card number, cannot be read as it travels over the internet.
Your information is then held in our secure databases.
We have access to your information in order to track and record your booking with the suppliers featured on this Site and to provide information to you as a user of the Luxury Explorer experience. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business. As required by the Data Protection Act 1998, we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access and use of your information.
When do we collect information?
You will supply us with personal information when you:
Register as a user of the website
Book a hotel or other travel experience through the web Site
Provide us with reviews or other postings on the Site
Contact us by e-mail, post or otherwise
What information do we collect? How do we use it?
Our 'suppliers' (the hotels and other suppliers on our Site) and LuxuryExplorer.com require certain information to allow us to track your hotel or other booking.
From time to time we may have special deals that may be of interest to you.
Surveys & reviews:
We may request information from our customers via surveys. Survey information will be used for the purposes of monitoring or improving the use and satisfaction of our Site - for example, after your stay is completed we may invite you to review the hotel or the services provided to you via this Site.
You may be able to publish scores and written comments. Those scores and comments would be displayed publicly however Luxury Explorer reserves the right to remove the scores and comments published by you and may contact you, concerning your scores and written comments, if you have not followed the Rules of Posting.
Your first name, town and country are automatically displayed with the reviews and comments you publish unless you change the default configuration.
Your booking reference number may also be displayed so that hotels or other service providers on the Site may have the right to reply to your comments
You retain all ownership rights to content you publish on LuxuryExplorer.com (your "Content"). However, we can publish all or teaser portions of your Content online and offline and permit others to do the same.
We, and our licensees, can republish your Content as described in the User Agreement. We publish product ratings and use them to develop aggregate ratings, personalize site views and merchandise products. We may use your review ratings to personalize site views. For example, we may promote most popular or high-scoring hotels on our website.
While we don't expect to transfer the complete review rating database to others (except as contemplated elsewhere in this statement), we use the database throughout our networks and to generate results for others.
Participation in these surveys or competitions is voluntary and you have the choice whether or not to disclose this information.
Visitors to the Site also have the option to subscribe to our newsletter. If so, we ask for contact information such as your name and email address.
Where you have consented when providing us with your details, we may also allow carefully selected third parties, including other companies in our group, to contact you occasionally about travel or other luxury based products and services which may be of interest to you. They may contact you by post, telephone or fax, as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know.
Site tracking and Cookies
We may use tracking software, including "cookies" (detailed below), to monitor customer traffic patterns, bookings and site usage to help us develop the design and layout of our Site to better meet the needs of our customers and suppliers.
Like many ecommerce sites we use "cookies" to register your preferences. Cookies are a system whereby a message is given to your web browser by our web server. This text message is stored by your browser in a text file called something like [email protected] Explorer.txt. Each time the browser requests a page from our server, this text message is sent back. A cookie's main objective is to allow our server to identify visitors to the website and gives us the opportunity to tailor the site to your needs. For example, if you choose to view the site in French, we may set a "cookie" on your machine so that the next time you return to the site, it is automatically shown in French.
Your access provider assigns an IP address to your computer when you use the Internet. We log each IP address that accesses the site, along with referring/destination URLs. We use this data, as well as other data in our databases, to analyze site and user behavior, troubleshoot technical problems, resolve disputes, address complaints and prepare aggregated reports that we share with others.
Users may request that we edit or remove content from Luxury Explorer.com or our partner websites at any time by emailing us to the contact details provided on this Site; but if we have distributed your content to others, we may be unable to require them to make the same changes.
Some data may update more slowly, and some old data may remain in our archives and records. If your account is being terminated or suspended, we may maintain some data to prevent re-registration.
Suppliers may edit or remove content from their brochure pages (websites). We usually update our live databases immediately, but if we have distributed the supplier's content to others, some data may update more slowly or we may be unable to require them to make the same changes.
We reserve the right, without notice, to amend or delete any information on the Site which, in our sole discretion, is defamatory, obscene or materially inaccurate or in breach of any law or advertising code of practice.
We will only disclose personal information to third parties for the purposes of tracking your booking through the Site or with your explicit consent. We reserve the right to disclose your personal information to certain permitted third parties such as members of our own group, trusted partners and our own professional advisers.
We may share aggregate statistics about hotels' customers, traffic patterns, and reservations and other travel experiences featured on the Site with our respective suppliers and partners, but these statistics do not include any personally identifying information. We will not disclose information about you to any other person or organisation without your consent unless there is an emergency situation that requires it or they are legally required to do so.
Sale of Business and Collaborations
If our business is sold or integrated with another business or enters into any collaboration with a third party your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business so that the new owners can continue to offer the services currently offered by us.
Any external links from our web Site are provided for convenience and purely informational purposes. While we try to find sites that are of value to you, we cannot be held responsible for any content, political views or endorsements that may be found in any of our external links. We are not responsible for the privacy practices or the content of such web sites.
In using our web Site, you consent to the collection, processing and use of this information by both ourselves and where relevant permitted third parties in the ways described above.
In accordance with the Data Protection Act 1998, you are entitled to request details of the personal information we hold about you. We may charge a fee for complying with your request. If you become aware that the personal information we hold about you is inaccurate, you may request that we amend it.
Government Relations and Lawsuits. We may disclose data about you to the government if we are required to do so or if we think the disclosure is appropriate, and you authorize these disclosures. We may also disclose data about you in connection with actual or potential lawsuits (a) if we are required to do so, (b) if such disclosures may potentially mitigate our liability, or (c) to enforce our rights.