Terms of Use

Introduction

Ostwest ("us", "we" or "our" as the context requires) is a global business providing instant online travel search services (including but not limited to tours, tickets and travel activities price comparisons) and other travel related services (the Ostwest Services) to users throughout the world via our websites, apps and other platforms (the Ostwest Platforms).

Ostwest is not a travel agent and is not responsible for providing, or for setting or controlling the prices applicable to, any of the travel options or products (such as tours and tickets) which you may search for, find on and/or book via the Ostwest Services or Ostwest Platforms (Third Party Travel Products). All such Third Party Travel Products are provided by independent travel agents, tour operators or other third parties and are subject to the terms and conditions imposed by those third parties.

These Terms

These terms and conditions("Terms") govern your access to and use of the Ostwest Services and/or Ostwest Platforms and, together with our privacy policy, constitute a legal agreement between you and Ostwest. By downloading, accessing or otherwise using the Ostwest Services and/or Ostwest Platforms, you are confirming that you have read, understood and agreed to these Terms and those of the privacy policy.

We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on or via the Ostwest Services and/or Ostwest Platforms and you will be deemed to have accepted any amendments if you continue using the Ostwest Services and/or Ostwest Platforms after the amendments are displayed.

If you do not accept all of these Terms then you should not use the Ostwest Services or Ostwest Platforms.

Using the Ostwest Services

You may only use the Ostwest Services and Ostwest Platforms in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence access and use the Ostwest Services and/or Ostwest Platforms for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such licence to you subject to you agreeing that you shall not:

• use the Ostwest Services and/or Ostwest Platforms for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with Ostwest;
• use the Ostwest Services and/or Ostwest Platforms for any commercial purpose or in any manner which may cause damage to Ostwest or bring Ostwest into disrepute;
• disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the Ostwest Services and/or Ostwest Platforms, except as permitted by law;
• copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Ostwest Services and/or Ostwest Platforms, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the Ostwest Services and/or Ostwest Platforms;
• use or interfere with the Ostwest Services and/or Ostwest Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• introduce onto, or transmit via, the Ostwest Services and/or Ostwest Platforms any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock;
• remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on the Ostwest Services and/or Ostwest Platforms or pass off or attempt to pass off the Ostwest Services and/or Ostwest Platforms as the product of anyone other than Ostwest;
• use any automated computer program or application to scan, copy, index, sort or otherwise exploit the Ostwest Services and/or Ostwest Platforms or any part thereof.

The Ostwest Services and Ostwest Platforms are not intended for children under 13 years of age, and no one under the age of 13 may provide any information to, on or via the Ostwest Services and/or Ostwest Platforms. We do not knowingly collect personal information from children under 13, and if we learn that we have collected or received personal information from a child under 13, we will delete that information in accordance with our privacy policy.

Sharing information with us

We take your privacy seriously and operate at all times in accordance with applicable data protection laws. You acknowledge that any personally identifiable information which you submit to or via the Ostwest Services and/or Ostwest Platforms may be used by us in accordance with our privacy policy. You agree to ensure that all personally identifiable information you provide to us is accurate and up to date and that you have obtained all consents, licenses or approvals necessary to enable us to use that information in accordance with these Terms and with our privacy policy.

Ostwest's property

Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trade marks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Ostwest Services and Platforms (together, the "Intellectual Property Rights") are owned by or licensed to Ostwest. You acknowledge that by using the Ostwest Services and/or the Ostwest Platforms, you will not acquire any right, title or interest in or to Ostwest Services and/or Ostwest Platforms or in or to the Intellectual Property Rights except for the limited licence to use the Ostwest Services and Ostwest Platforms granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of the Ostwest Services and/or Ostwest Platforms in source-code form.

Other people's property

We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the Ostwest Services and/or Ostwest Platforms, please send a written notification of such infringement to the address stated at the beginning of Terms marked for the attention of our "General Counsel".

Price accuracy and warranty disclaimer

Your use of the Ostwest Services and/or Ostwest Platforms is entirely at your own risk.

Although we enforce strict ‘price accuracy’ policies with all partners who provide us with travel data and endeavour to ensure that the content displayed on or via the Ostwest Services and Platforms is up to date and accurate, we cannot guarantee the reliability or accuracy of such content. We provide the Ostwest Services and Platforms on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that the Ostwest Services and Ostwest Platforms (a) are accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.

Making travel bookings via Ostwest

Ostwest is not a travel agent and is not responsible for providing any travel options displayed via the Ostwest Services and/or Ostwest Platforms or for setting or controlling the prices we display. Any Third Party Travel Products which you find and/or book via the Ostwest Services and/or Ostwest Platforms are provided by independent travel agents, travel operators or other third parties (“Travel Providers”). Ostwest facilitates your bookings with Travel Providers but is not responsible and has no liability to you in respect of such bookings. The identity of the relevant Travel Provider and the terms and conditions applicable to your booking with them (“Travel Provider Terms”) will be notified to you at the time of booking and you should ensure that you read and fully understand them before completing your booking. The Travel Provider Terms will set out what rights you have against the Travel Provider and will explain their liability to you in the event of anything going wrong. You agree to comply in full with all applicable Travel Provider Terms. You acknowledge that breaching Travel Provider Terms could result in the cancellation of tickets or reservations and additional charges.

Limitations and exclusions of liability

These Terms set out the full extent of Ostwest's obligations and liabilities in respect of the Ostwest Services and Platforms.

Ostwest has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the Ostwest Services and/or Ostwest Platforms (including, without limitation, any Travel Provider). In the event that you encounter any problems with any booking you make or attempt to make via Ostwest, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with Ostwest. Where the Ostwest Services and/or Ostwest Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may see advertising material submitted by third parties on the Ostwest Services and/or Ostwest Platforms. Each individual advertiser is solely responsible for the content of its advertising material and Ostwest accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

To the maximum extent permitted by law, we (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the Ostwest Services and/or Ostwest Platforms; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, the Ostwest Services and/or Ostwest Platforms or any content contained provided therein.

Nothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.

Your liability to us

Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group, and each of our officers, directors, employees and agents, arising out of, or in any way connected with,your use of the Ostwest Services and/or Ostwest Platforms or breach of these Terms.

Termination

Ostwest may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account. Ostwest may suspend your use of the Ostwest Services and/or Ostwest Platforms without notice at any time, without incurring any liability to you whatsoever.

General provisions

You acknowledge that your unauthorised use of the Ostwest Services and/or Ostwest Platforms may result in irreparable damage and injury to Ostwest and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, we and our affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available, to seek an immediate injunction against you prohibiting any further use of the Ostwest Services and/or Ostwest Platforms.

The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.

These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.

These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the Ostwest Services and/or Ostwest Platforms.

We will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please write to us at the address provided below marked for the attention of our ‘General Counsel’.

Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.

A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.

Irrespective of the country from which you access or use the Ostwest Services and/or Ostwest Platforms, to the extent permitted by law these Terms and your use of the Ostwest Services and/or Ostwest Platforms shall be governed in accordance with the laws of Germany and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of Germany to resolve any disputes which may arise hereunder.