PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.
AGREEMENT BETWEEN YOU AND Prestige Marketing & Reservations Ltd.
This Web site is made available to you by Prestige Marketing & Reservations Ltd (UK) trading as Prestige Holidays Brittany (PHB).
BY USING THIS WEB SITE YOU AGREE TO BE BOUND BY AND ACCEPT, WITHOUT MODIFICATION, THE TERMS, CONDITIONS AND NOTICES PUBLISHED ON THIS WEB SITE (the “Terms”). IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE NOT AUTHORISED TO USE THIS WEB SITE.
These Terms apply both to your use of, and to all Internet traffic visiting, this Web site. PHB reserves the right, in its sole, absolute and unfettered discretion, to modify, alter or otherwise update these Terms at any time. Such modifications, alterations or updates shall be effective immediately upon posting. By using this Web site after PHB has posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms. This Web site will permit you to link to many other web sites that may or may not be affiliated with this Web site and/or with PHB, and that may have terms, conditions and notices of use that differ from, or contain terms, conditions and notices in addition to, the Terms specified on this Web site. Your access to such web sites through links provided on this Web site is governed by the terms, conditions, notices and policies of use of those web sites, not this Web site. Unless expressly stated otherwise, PHB shall not be responsible for the operation of, connection to or content of those web sites.
PHB does not guarantee the transmission or processing of any information or on-line activity or transaction submitted to this Web site. The transmission of any information does not mean the on-line activity or transaction has been accepted or rejected, but merely indicates that a transmission has been initiated. All on-line activities and transactions are subject to written confirmation, whether in electronic form or otherwise. Furthermore, the level of service available on and from this Web site may vary, and this Web site may be inaccessible or “down” for periods of time. PHB reserves the right to suspend or discontinue this Web site, in whole or in part, for business or technical reasons. However, PHB’s services may be accessed through traditional means, such as via telephone or through regular post.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web site is owned, controlled, managed and operated by Prestige Marketing & Reservations Limited, Rue du Vieux Bourg, Tréal, 56140,
France. Tel. No. + 33 (0) 2 99 90 33 05. Copyright © Prestige Holidays Brittany. All rights reserved.
All content on this Web site, including, but not limited to text, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by UK, EU, US and world-wide copyright laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes), and are owned and controlled by PHB.
Content on this Web site or any web site owned, operated, controlled or licensed by PHB’s affiliated or related entities is solely for your personal, non-commercial use. You may print a copy of the content, but you may not modify, copy, display, perform, reproduce, republish, license, create derivative works from, transfer, upload, post, transmit, distribute, sell and/or exploit the content or information in any way (including by e-mail or other electronic means), or any software involved in utilising such content or information, for commercial use without the prior written consent of PHB.
Without the prior written consent of PHB, your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of owners of PHB’s, copyrights, trademarks or service marks and other proprietary rights, is prohibited. As a condition to your use of this Web site, you warrant to PHB that you will not use this Web site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening or libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.
Given the unique nature of the Internet and the need to secure PHB systems and proprietary technology, PHB reserves the right in its sole, absolute and unfettered discretion at any time to restrict or prohibit access to this Web site for any user for any reason, and especially to restrict or prohibit access for users who demonstrate patterns of abuse, or unusual or improper use of this Web site or who violate these Terms. If you violate any of these Terms, your permission to use this Web site immediately terminates without the necessity of any notice.
You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web site, including but not limited to any logos or characters without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into your own, or another, web site any of the content or other materials on this Web site without the prior written consent of PHB.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND “AS FOUND” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER UK AND EU LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION. PHB DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. PHB, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, WARRANTS THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS SOLELY FOR YOUR CONVENIENCE, INFORMATION AND TRANSACTIONAL CAPABILITY ONLY.
PHB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT INFORMATION, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE. PHB ATTEMPTS TO ENSURE THAT THE CONTENT THAT YOU ACCESS ON THIS WEB SITE AT ANY ONE TIME IS ACCURATE. HOWEVER, THE CONTENT MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS AND OMISSIONS. PHB WILL DO ITS BEST TO CORRECT ERRORS AND OMISSIONS AS QUICKLY AS PRACTICABLE AFTER BEING NOTIFIED OF THEM. CHANGES ARE PERIODICALLY MADE TO THE CONTENT THAT YOU ACCESS ON THIS WEB SITE WITH ADDITIONS, DELETIONS AND AMENDMENTS OCCURRING THERETO AND IMPROVEMENTS AND/OR CHANGES MAY BE MADE TO THE FUNCTIONALITY, DESIGN OR LAYOUT OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT PHB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT PHB, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE, EXCEPT IN RELATION TO LIABILITY, LOSS AND DAMAGE FOR DEATH OR PERSONAL INJURY FOR WHICH NO LIMIT APPLIES.
BY WAY OF EXAMPLE AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PHB, SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM FAILURE OF PERFORMANCE OF THIS WEB SITE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WVR IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
PHB, SHALL ONLY BE LIABLE FOR DIRECT LOSS ARISING OUT OF OR RESULTING FROM THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, UP TO A MAXIMUM OF THE TOTAL VALUE OF THE TRANSACTION UNDER WHICH THE CLAIM ARISES FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS.
THIS LIABILITY SECTION APPLIES ONLY AND TO THE GREATEST EXTENT PERMITTED BY LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
You agree to indemnify, defend and hold harmless PHB, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of PHB. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
This Web site may contain links to other web sites (“Linked Sites”). The Linked Sites are provided for your convenience, information and, in some cases, transactional capability, only and, as such, you access them at your own risk. The content of any Linked Sites is not under the control of PHB, and PHB is not responsible for, and does not endorse, such content, whether or not PHB is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web site or provide any links that state or imply any advertising, sponsorship or endorsement of your own, or any other, web site by PHB.
USE OF PHB BOOKING SERVICE
The PHB Booking Service feature published on this Web site is provided solely to assist you in determining the availability travel-related products and services, conducting on-line transactions and purchases, making legitimate bookings and receiving confirmations in respect thereto or otherwise transacting business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Web site in accordance with all the Terms herein stated. You agree to be financially responsible for all your use of this Web site (as well as for use of your account by others, including without limitation minors (persons under 18 years of age) living with you). You agree to supervise all usage of this Web site under your name or account. You also warrant that all information (including details you provide to PHB for the purpose of making enquiries and legitimate bookings, purchasing travel-related products and services, and conducting on-line transactions) supplied by you or members of your household, or by third parties authorised and supervised by you, in using this Web site is true and accurate.
You further warrant that any credit or debit card that you use to conduct on-line transactions is your own and that there are sufficient funds on such credit and debit accounts to cover the costs of the travel-related products you book and any travel-related products and services purchased by you in connection therewith. If there are any changes to the details supplied by you, it is your responsibility to inform PHB as soon as possible. Without limitation, any speculative, false or fraudulent activities or bookings or purchases or on-line transactions or any activities or bookings or purchases or on-line transactions in anticipation of demand are prohibited.
PHB’s Booking Conditions (whether such appear under the name of PHB or any of its trading divisions), which are separate terms and conditions to these Terms, will apply to all on-line activities and transactions on and in connection with the PHB Booking Service feature published on this Web site. You agree to abide by PHB’s Booking Conditions and/or the terms and conditions, including but not limited to payment of all amounts when due and compliance with all rules, regulations, restrictions and limitations regarding availability, availability of travel fares and other travel-related products and services, and the actual utilisation of travel-related products and services purchased in connection with the above. Special rules, regulations, restrictions and limitations may apply to a travel fare or other travel-related product or service selected by you. If they do, these special rules, regulations, restrictions and limitations will be drawn to your attention before confirmation of your booking or purchase.
This Web site will not prevent you from requesting or making impossible bookings or purchasing incompatible travel-related products and services, such as two ferry crossings to the same destination on the same date, or two ferry crossings to different destinations for departure on the same date, or a ferry crossing to one destination and a holiday cottage rental to another place covering the same travel dates. If you make those kinds of impossible or incompatible enquiries, bookings or travel-related purchases, you accept that these are your voluntary acts, errors, defaults and/or omissions, that these are your entire responsibility, and that PHB will not be liable to give you a refund, either in whole or in part, or be obliged to rectify the situation, for you undertaking any such mistaken, careless or negligent enquiries, activities and on-line transactions.
Cost of foreign products or services may be subject to currency fluctuations. 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. The information supplied by this application is believed to be accurate, but PHB do not warrant or guarantee such accuracy. When using this information for any financial purpose, PHB advises you to consult a qualified professional to verify the accuracy of the currency rates. PHB do not authorise 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.
LAW AND JURISDICTION
This Agreement (and any disputes, claims or proceedings of whatsoever nature arising out of or in any way relating to the use of this Web site and/or the PHB Booking Service feature published on this Web site) is governed by and shall be construed in accordance with the laws of England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of this Web site. Those who choose to access this Web site from outside the United Kingdom are responsible for compliance with local laws, if, and to the extent that, local laws are applicable. You may not use or export materials or content contained on this Web site in violation of UK and EU export laws and regulations.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PHB either as a result of this Agreement or your use of this Web site.
The provisions of these Terms, and each obligation referenced herein, represent the entire Agreement between PHB and you and supersede any prior proposals, agreements or understandings (whether oral or written) not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms, conditions and notices of use or understanding, the last published Terms or terms, conditions and notices shall prevail.
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.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY PHB.
Date Published: October 2014