Travelfusion Terms & Conditions

Please read this document carefully

1. Introduction

The terms and conditions set out on this page govern the use of the www.travelfusion.com, Travelfusion local country web sites and all white labels sites (collectively, “Site”), powered and operated by Travelfusion Limited (“Travelfusion”). By using, accessing or obtaining information from our Site you agree to be bound by these terms and conditions. The Site is owned and operated by Travelfusion. The Site provides travel search, comparison, referrals, listing and community services.

2. Use of Travelfusion Content and User Content

All material on the Site, including, Affiliate Marketing, and Emails (collectively, "Content") and all User Content (as defined in Section 6.) belong to Travelfusion or its licensors. You may retrieve and display Content and/or User Content on a computer screen, PDA or mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk or on your mobile telephone (but not on any server or other storage device connected to a network) for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify, store, archive or in any way commercially exploit any of the Content and/or User Content.

3. Excluded Services

Travelfusion retrieves aggregates and compares real-time and static travel related information from multiplicity of travel suppliers, web sites, reservation engines and databases (collectively “Suppliers”). Travelfusion has no control over the quality, accuracy, safety or legality of any Content retrieved from its Suppliers. Travelfusion is not involved in any transactions, bookings, or reservations all of which are carried out with the Suppliers directly. Travelfusion, therefore, assumes any responsibility for the accuracy, availability, transactions, booking or reservations supplied and carried out by the Suppliers on their own terms and conditions. Travelfusion is not responsible for any change of travel plans and/or cancellations. You must discuss and settle any such changes and/or cancellations directly with the relevant Suppliers.

Travelfusion has no control over or responsibility for the quality, safety, or legality of any User Content (see definition in Section 6) and merely acts as a facilitating venue between travellers and/or travel companies. Some users may breach these terms and publish User Content that is misleading, untrue or offensive. YOU MUST BEAR ALL RISK ASSOCIATED WITH YOUR USE OF THE USER CONTENT AND SHOULD NOT RELY ON USER CONTENT IN MAKING (OR REFRAINING FROM MAKING) ANY SPECIFIC TRAVEL PLANNING AND TRAVEL SHARING OR ANY OTHER RELATED ACTIVITY.

4. Data Protection

Travelfusion takes the privacy of its customers very seriously. Travelfusion operates and is registered in accordance with the Data Protection Act 1998 and the Data Protection Principles. Details of the Site Privacy Policy can be found in the Privacy Statement.

Travelfusion treat the security of its Site as of the utmost importance. Travelfusion is constantly considering ways in which it can safeguard the personal details of users, prevent unauthorised access to the Site and prevent unauthorised alteration of user-generated content.

5. Publishing of User Content, Blogs and Other Social Media Channels

Introduction

Travelfusion has developed an interactive platform that enables the integration of information and material (text, graphics, images and video) submitted by users with its core journey planning and comparison engines as well as blogs, Face Book and other social media channels (collectively, “User Content”) that allow, among other things, for the exchange of information, comments, opinions and listings (collectively, “User Content").

Licence

You retain ownership of all intellectual property rights subsisting in the User Content you submit to Travelfusion. However, by submitting User Content to the Site, you grant to Travelfusion a royalty-free world-wide non-exclusive licence for the duration of copyright to use your User Content, or any part of your User Content, in any way that Travelfusion decides on the Site, any other website or through any other medium and to permit others to do the same.

Restrictions

You are solely responsible for the content of your User Content. Your User Content may not:

• adversely affect the functionality of any computer software and/or hardware;
• be untrue, inaccurate, misleading, defamatory, offensive or malicious;
• be in breach of any intellectual property rights of any third party;
• publish any User Content that if published by Travelfusion would be illegal, unlawful, contrary to public opinion or would be reasonably likely to cause loss or damage to Travelfusion;
• offensive and misleading to other Users.
• contain any form of advertising or promotion for goods and services or any "spam";
• disguise the origin of any messages, notices or links;
• impersonate any person or entity or misrepresent any affiliation with any person or entity.

Rights of Travelfusion

Travelfusion shall be entitled, at its absolute discretion, to publish, edit, refuse, or delete User Content provided to it. Travelfusion will not permit the publishing of User Content that may be illegal under UK or European law. Travelfusion reserves the right to change, at its sole discretion, the User Content, design, services provided and in particular, but not excluding, for purposes of journey details accuracy, any other aspect of the User Content and the Content on the Site.

Your Responsibilities

You assume full responsibility for any User Content you published on the Site. By providing User Content to Travelfusion, you warrant that use of such User Content by Travelfusion will not infringe any copyright or other intellectual property rights of any third party. You will indemnify and hold harmless Travelfusion for any loss or damage, costs and expenses incurred or suffered by Travelfusion resulting from a breach of this warranty.

Travelfusion’s Responsibilities

Travelfusion is not responsible for verifying the accuracy or otherwise of any User Content provided by you or by a third party.

General

The User Content contains information, notices and links submitted by users over whom Travelfusion has no control. Travelfusion cannot guarantee the accuracy, integrity or quality of any User Content. Some users may breach these terms and publish User Content that is misleading, untrue or offensive. You must bear all risk associated with your use of the User Content and should not rely on User Content in making (or refraining from making) any specific travel planning and travel sharing or any other related activity.

Travelfusion editors will also contribute material and edit User Content to ensure the smooth running of the Site. Travelfusion takes no responsibility for the accuracy or otherwise of such edited User Content.

6. Disclaimer Publishing of User Content, Blogs, Reviews and other Social Media content

Although Travelfusion has taken all reasonable steps to provide you with access to adequate and correct travel information, Travelfusion cannot guarantee the accuracy, integrity or quality of such information. You must bear the risks associated with the use of a global network like the Internet, message boards and listings.

Since the information accessible through the Site is provided by a number of travel sources, Travelfusion cannot give any warranties in respect of the Content or User Content, software or services available through the Site. In particular, Travelfusion disclaim all liabilities in connection with the following:

• incompatibility of the Site and services with any of your equipment, software of telecommunications links;
• errors or interruptions of the Site or services;
• unsuitability, unreliability or inaccuracy of the Content and the User Content;
• inadequacy of the Site and services to meet your requirements or expectations.

To the full extent allowed by applicable law, you agree that Travelfusion will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to loss of profits, loss of privacy and loss of data) or for any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site or to any breach of these User Terms by Travelfusion, even if Travelfusion has been advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict liability.

You agree that your only recovery for any damages that you suffer, and your exclusive remedy (except in cases of death or personal injury caused by Travelfusion negligence), shall be limited to the direct damages you actually suffer as a result of your use of the Service up to a limit of £500.

7. Changes to the User Terms

Travelfusion reserve the right, at any time and at our discretion, to make changes to these User Terms. When the User Terms are changed, notice will be given via the e-mail address provided by you on registration or by a suitable announcement available on the Site. If you use the Service after Travelfusion has given notice of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Service any further after we give notice of them.

8. Advertising and Sponsorship

Part of the Site may contain advertising and sponsorship. Suppliers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. Travelfusion will not be responsible for any error or inaccuracy in advertising and sponsorship material.

9. Choice of Law and Jurisdiction

These User Terms shall be governed by, and construed in accordance with, English law and the courts of England shall have exclusive jurisdiction to settle any dispute, which may arise in connection with these User Terms.

10. General

You may not assign, sub-license or otherwise transfer any of your rights under these User Terms. If any provision of these User Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these User Terms, which shall remain in full force and effect.

Failure by either party to exercise any right or remedy under these User Terms does not constitute a waiver of that right or remedy.

Last updated: Wednesday, 31 March 2010