BOILERPLATE TERMS AND CONDITIONS OF USE FOR A WEB SITE
HEALTH WARNING: Boilerplate Terms and Conditions of Use for a Web Site
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NOTE THE TERM SERVICES: means flights, package holidays, accommodation, car hire, travel insurance, cruise holidays and such other services as may be referred to herein.
A: GENERAL SECTION
THIS SECTION APPLIES TO YOUR USE OF THIS WEBSITE AND ALL THE SERVICES PURCHASED BY YOU
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the terms and conditions contained herein. By using this site, you are confirming your consent to and acceptance of these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site. [MEMBER.IE] reserves the right to change these Terms and Conditions of Use from time to time at its sole discretion.
PLEASE NOTE THAT NOT ALL OF THE SERVICES WHICH [MEMBER.IE] PROVIDES ARE SUPPLIED BY [MEMBER.IE], THEREFORE THE CONTRACT FOR THE SERVICE WILL BE WITH YOU AND THAT THIRD PARTY
1. Legal Capacity
AGENCY: In many instances when you are purchasing a Service on this site, [MEMBER.IE] is acting as a disclosed agent for third party suppliers, such as a tour operator, airline, cruiseline, hotel, car hire company etc. The contract for the Service is between you and the third party supplier, and will usually involve your being required to accept additional terms and conditions governing the contract with the relevant third party supplier. YOU SHOULD READ ANY SUCH THIRD PARTY TERMS AND CONDITIONS BEFORE COMPLETING YOUR PURCHASE. When [MEMBER.IE] deals with you as an agent, [MEMBER.IE] has no contractual liability for the Services, which you have purchased.
PRINCIPAL: There may also be instances when [MEMBER.IE] shall be the principal for the Service which you are purchasing, i.e. the contract for the Service is between [MEMBER.IE] and you. In such instances you will be required to accept [MEMBER.IE]’S additional terms and conditions which govern the Service which [MEMBER.IE] is contracting to provide to you. YOU SHOULD READ [MEMBER.IE]’S TERMS AND CONDITIONS BEFORE COMPLETING YOUR PURCHASE.
YOURS: You hereby confirm and represent that you are eighteen years or over. You understand that you are financially responsible for all uses of the Site by you.
2. Invitation to Treat
All the Services sold through [MEMBER.IE] are NOT an offer by [MEMBER.IE] to sell any Service, but an invitation to you to make an offer to [MEMBER.IE] or in the case of a third party service, the third party.[MEMBER.IE] is free to accept or reject these offers. [You will receive an email confirming the contract if you are purchasing from the website.]
3. Limited Licence
[MEMBER.IE] grants you a limited, non-transferable licence to use this site in accordance with these Terms and Conditions of Use. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes. This site and content provided in this site may not be reproduced in any way without the written consent of [MEMBER.IE]. Unauthorised use of this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights (b) is protected by copyright, trademark or other proprietary right unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in the restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm resulting from your use of this site.
4. Warranties and Disclaimers
DISCLAIMER/EXCLUSION OF WARRANTY [MEMBER.IE] does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the site or any content, search or link on it. The site and its content are delivered on an "as-is" and "as-available" basis. [MEMBER.IE] cannot ensure that files you download from the site will be free of viruses or contamination or destructive features. [MEMBER.IE] disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. [MEMBER.IE] will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. [MEMBER.IE] makes no guarantee of any specific result from use of this site.
LIMITATION OF LIABILITY.[MEMBER.IE] assumes no responsibility, and shall not be liable for, any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video or audio from the site. In no event shall [MEMBER.IE] or any third party suppliers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, incidental or consequential damages of any kind (including but not limited to lost profits or lost savings), howsoever arising including but without limitation (i) any use of the site or content found herein, (ii) any failure or delay, or (iii) the performance or non performance by [MEMBER.IE] or any third party supplier including but not limited to, non performance resulting from bankruptcy, reorganisation, insolvency, dissolution, or liquidation If, notwithstanding the foregoing, [MEMBER.IE] or any third party supplier should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of [MEMBER.IE]and the third party suppliers shall in no event exceed, in the aggregate, the greater of [INSERT LIMITS]
ERRORS AND OMMISSIONS: [MEMBER.IE] will use best endeavours to correct any errors and omissions as soon as practicable after having been placed on notice of same. For example a price, product, service or other detail displayed or presented on this web-site may result in a price, product, or service or other detail being incorrect. Where this occurs, [MEMBER.IE] reserves the right to cancel any contract with you, without any liability to you.
5.Governing Law
This Agreement and its performance shall be governed by the laws of the Republic of Ireland and subject to the jurisdiction of the Irish Courts.
6. Termination
[MEMBER.IE] may terminate your use of this Site and these terms and conditions and/or the provision of any of the Services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not effect any right to relief to which [MEMBER.IE] and its third party suppliers may be entitled, at law or in equity.
B: SPECIAL TERMS
NOTE TO MEMBER: THE TERMS AND CONDITIONS OF CONTRACT AND DETAILS OF FORMATION OF CONTRACT IN RESPECT OF SUCH SERVICES AS A MEMBER INTENDS TO SELL ON THE WEB SITE REQUIRE TO BE INCORPORATED HEREIN
SECITION A: FLIGHTS[Note to member: may entail links to third party websites for advertising material/terms and conditions of contract/conclusion of contract]
SECTION B: PACKAGE HOLIDAYS
[Note to member: may entail links to third party websites for advertising material/terms and conditions of contract/conclusion of contract OR alternatively, if you are the organiser of the package, you will be displaying your own advertising material/terms and conditions of contract/conclusion of contract]
SECTION C: ACCOMMODATION
[Note to member: may entail links to third party websites for advertising material/terms and conditions of contract/conclusion of contract]
SECTION D: CAR HIRE[Note to member: may entail links to third party websites for advertising material/terms and conditions of contract/conclusion of contract]
SECTION E: TRAVEL INSURANCE
[Note to member: may entail links to third party websites for advertising material/terms and conditions of contract/conclusion of contract]