FlySoulmates TERMS & CONDITIONS
This document (together with the documents referred to on it) sets out the terms and conditions on which we provide the services or information (Services) listed on our website www.flysoulmates.com (our site). Please read these terms and conditions carefully before making use of any Services from our site. By making use of the Services available on our site, we are entitled to assume you have read these terms and conditions and you agree to be bound by them.
1. Your Status
1.1 You must be at least 18 years old at the time the booking is made.
1.2 You agree to abide by the terms or conditions of purchase imposed by the supplier who has responsibility for your booking, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability and use of fares, products or services. Special rules and restrictions may apply to a fare, product or service selected by you. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase.
1.3 You shall be completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of this site including without limitation any fares or the costs of products or services provided by suppliers with whom you contract via this website.
2. Our Status
2.1 Please note that we operate as an intermediary between you and the third party suppliers featured or linked to on our website. Any resulting legal contract in respect of any bookings made through our website is between you and the third party supplier concerned, and is subject to the terms and conditions of that third party supplier. You should carefully review their terms and conditions before entering into a contract with them.
2.2 We cannot give any undertaking, that products you purchase from third party sellers or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party supplier.
3. Travel Destinations Risks
3.1 Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. We urge passengers to review any travel prohibitions, warnings, announcements and advisories issued by The Department of Foreign Affairs and Trade prior to booking travel to national and international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found on the website currently located at https://www.dfa.ie/travel/travel-advice. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Details are available from your GP surgery and from the Health Service Executive (HSE) on: http://www.hse.ie/eng/health/az/T/Travel-vaccinations/ and Tropical Medical Bureau also available on https://www.tmb.ie. We urge the travellers to subscribe to travel insurance. Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than six weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information.
3.2 By offering for sale travel to particular international destinations, we do not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
4. Information and Suitability
4.1 The content of our pages was compiled with utmost diligence. We cannot guarantee that the data is correct, complete or up-to-date. The information, products, and services published on this website may include inaccuracies or typographical errors. In particular, FlySoulmates does not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of accommodation, air, cruise, car, attractions and all other travel and holiday products displayed on this website (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective suppliers. Any accommodation rating displayed on this website is intended as only general guidelines, and FlySoulmates does not guarantee the accuracy of the rating. Changes are periodically added to the information herein. FlySoulmates and/or their respective suppliers may make improvements and/or changes on this website at any time.
4.2 We make no representations about the suitability of the information, products, and services contained on this website for any purpose and the inclusion of any products or services on this website does not constitute any endorsement or recommendation of such products or services by us.
5.1 We accept no liability in relation to any contract you enter into or for any services or arrangements you purchase (“arrangements”) or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with any arrangements. For all arrangements, your contract will be with the supplier of the arrangements. Our maximum liability to you if we are found to have been at fault in relation to any service we provide (as opposed to any service provided by any third party such as the supplier of a holiday featured on this site for whom we are not responsible) is limited to the commission we have earned or are due to earn in relation to the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that our employees whilst acting in the course of their employment.
6. Our Right To Vary These Terms And Conditions
6.1 We have the right to revise and amend these terms and conditions from time to time.
6.2 You will be subject to the policies and terms and conditions in force at the time that you make use of the Services provided by us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (which if appropriate will be deemed to apply retrospectively).
7. Law And Jurisdiction
Use of any of the Services provided through our site will be governed by Irish law. Any dispute arising from, or related to, the use of any such Services or in respect of any Contract arising between you and us shall be subject to the exclusive jurisdiction of the courts of Republic of Ireland.
8. Website Use Terms and Conditions
You may use our site only for lawful purposes. You may not use our site:
– In any way that breaches any applicable local, national or international law or regulation.
– In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
– For the purpose of harming or attempting to harm minors in any way.
– To send, knowingly receive, upload, download, use or reuse any material, which does not comply with our content standards (see below).
– To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
– To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
– Not to reproduce, duplicate copy or re-sell any part of our site.
– Not to access without authority, interfere with, damage or disrupt:
– any part of our site;
– any equipment or network on which our site is stored;
– any software used in the provision of our site; or
– any equipment or network or software owned or used by any third party.
9. Content standards
These content standards apply to any and all material which you contribute to our site (contributions).
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
– Be accurate (where they state facts).
– Be genuinely held (where they state opinions).
– Comply with applicable law in the Republic of Ireland and in any country from which they are posted.
Contributions must not:
– Contain any material which is defamatory of any person.
– Contain any material which is obscene, offensive, hateful or inflammatory.
– Promote sexually explicit material.
– Promote violence.
– Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
– Infringe any copyright, database right or trade mark of any other person.
– Be likely to deceive any person.
– Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
– Promote any illegal activity.
– Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
– Be likely to harass, upset, embarrass, alarm or annoy any other person.
– Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
– Give the impression that they emanate from us, if this is not the case.
– Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
10. Suspension and termination
We will determine, in our discretion, whether there has been a breach of the Content Standards as set out above through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this constitutes a material breach of these terms and conditions upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
– Immediate, temporary or permanent withdrawal of your right to use our site.
– Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
– Issue of a warning to you.
– Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
– Further legal action against you.
– Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
11. Changes to the acceptable use policy
We may revise this policy at any time by amending this policy. You are expected to check this policy from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this policy may also be superseded by provisions or notices published elsewhere on our site.
12. Terms of Website Use
13. Accessing Our Site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
14. Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our site, 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 may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
15. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
16. Our site changes regularly
We update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
17. Our Liability
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
– All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
– Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
– Loss of income or revenue;
– Loss of business;
– Loss of profits or contracts;
– Loss of anticipated savings;
– Loss of data;
– Loss of goodwill;
– wasted management or office time; and
– For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
18. Information about you and your visits to our site
We process information about you in accordance with our data protection policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
19. Transactions concluded through our site
Contracts for the supply of services or information formed through our site or as a result of visits made by you are governed by our terms and conditions of supply.
20. Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards.
21. Viruses, hacking and other offences
You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.