Terms & Conditions
This document sets out the terms on which we, Karen Parry, Christopher Parry and Anthony Wallbank trading as Plus One Photo Tours (Us, Our or We), provide you with access to www.plusonephototours.com (‘Website’). Please read these terms carefully before using the Website. You acknowledge that by using the Website in any way, you agree to be bound by these terms. If you do not accept these terms, you must cease accessing the Website and delete any user accounts.
You are advised to retain a copy of these terms for your reference.
ACCESSING OUR SITE
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend any service or functionality without notice. You are responsible for making all arrangements necessary for you to have access to our Website.
WHAT WE DO AND WHAT WE DON’T DO
We do not offer or provide any of the travel services and products you can browse and enquire about through Our Website, including any photographic tour packages (“Travel Products”). The Travel Products are made available by third parties (the “Travel Provider”) either directly or through their agents (“Travel Agent”). We are merely a marketing agent for the Travel Provider or Travel Agent.
If you enquire about a Travel Product through our Website, then you consent to Us passing on the information you submit to us to the respective Travel Agent and/or Travel Provider.
Your contract for the provision of the Travel Products is with the Travel Provider and you must agree to the Travel Provider’s terms. If You book a Travel Product through a Travel Agent then the Travel Agent’s terms will also apply in relation to the Travel Agent putting you into Contract with the Travel Provider and You must also agree to these terms.
We do not have any responsibility to You for the provision of the Travel Products. If We or any entity associated with us supplies the photographic element of a Travel Product advertised on Our Website, then We or such associated entity are supplying the Travel Provider and not You. This means that if you purchase any Travel Product and are not satisfied with the included photographic element We or such associated entity have supplied, you must claim against the Travel Provider and not Us as we have no contractual relationship with You with respect the Travel Product.
USER ACCOUNTS, PASSWORDS AND SECURITY
Certain areas of the Website may be password-restricted and require registration or sign-in before they can be accessed. As part of the registration process you will be required to select your own password that will enable you to access those areas (‘Login Details’). You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your user account. You agree to immediately notify Us of any unauthorised use of your Login Details or any other breach of security.
You agree that:
- if you are a registered user, you shall promptly notify Us in the event there is a breach of security or any unauthorised use of your Login Details;
- as a registered user with access to make submissions on the Website, you shall not submit to appear on the Website, any review, comment, link or other material whatsoever (‘User Submissions’) that may reasonably be deemed to be offensive, illegal, or inappropriate in any way;
- you will not engage in or promote commercial activities and/or sales without Our prior written consent;
- you will not infringe any rights of any third party by making any User Submissions;
- you will not use or rely on any information published on the Website for any other reasons other than those reasons for which it was reasonably intended;
- any use of information published on the Website is made available to you at your own risk.
INTELLECTUAL PROPERTY RIGHTS
We and our licensors own all rights in the intellectual property rights relating to the Website. You are expressly prohibited from:
- reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images in any format and submissions in the form of articles and write-ups made available on the Website; and
- removing, modifying, altering or using any registered or unregistered marks/logos/design/images owned by Us and/or Our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Us or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to Us.
EXCLUSION OF WARRANTIES
All warranties, representations, guarantees, conditions and terms other than those expressly set out herein in respect of the Website and any Travel Products advertised on the Website, are hereby expressly excluded to the fullest extent permissible by law.
All information made available to or accessible by you is provided ‘as is’ without any conditions, warranties, guarantees or terms of any kind and are intended as information only. Such information shall not in any way and for any reason at any time constitute advice of any nature. Consequently, any such information must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action.
OUR RESPONSIBILITY TO YOU
Nothing in these Terms shall limit or exclude Our liability in respect of:
- death or personal injury resulting from negligence; or
- any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by Us.
We shall not be liable for any indirect or consequential losses, expectations of a specific nature or anticipated outcome, anticipated savings, loss of management time, loss of profit, loss of data, loss of business and contract, loss of goodwill and reputation or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Website and its contents.
Unless otherwise expressly set out to the contrary in these Terms, Our liability to you in connection with your use of the Website and its contents shall be strictly limited to £100.
THIRD PARTY WEBSITES
Links to third party websites (including links to websites operated by Travel Agents and Travel Providers) may appear on the Website. Such third party websites are not Our responsibility and We do not accept any responsibility for the availability, suitability, reliability or content of such third party websites.
Any claim you may have against an operator of a third party website rests exclusively against that operator and to the fullest extent permitted by law, you release Us from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such claims.
INFORMATION ABOUT YOU
- where you are a registered user, for the duration of your registration with us; or
- where you are an unregistered user, for the duration in which you access the Website, having use of certain features and functionalities therein as an Unregistered User.
We may suspend or terminate your access, as a Registered User or an Unregistered User to the features and functionalities of the Website for any reason and without prior notice.
Upon termination of your contract with Us, your access to the features and functionalities of the Website (in whole or in part) shall cease.
If We fail at any time to insist upon strict performance of its obligations under these Terms, or if We fail to exercise any of the rights or remedies to which We are entitled to under these Terms, this will not constitute a waiver of any such rights or remedies.
These Terms represent the entire agreement between you and Us in respect of your use of the Website and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms.
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