This website www.otsglobe.com (the “Site”) is operated by OTS OPEN TRAVEL SERVICES AG, with registered address at Europa-Strasse 19. 8152 Glattbrugg, Switzerland and entered in the Register of Commerce of Zug under Nº CH1703028876-3 (hereinafter referred to as “OTS”, “we” or “us”) under the brand OTS GLOBE.
This page sets out the Terms and Conditions under which you may use this Site (the “Terms”). Please read the Terms carefully. If you do not accept the Terms stated here, do not use this Site and service. By using this Site, you accept to be bound by these Terms.
1. Website information
This Site in its general section as well as in its user area displays information about hotels, apartments, properties and other form of accommodations, tours, tourist services, transfers, events, schedules, company information about OTS and other information related to the services provided by OTS.
Most of this information is supplied to us by third party providers including professional content providers, hotels and transportation suppliers. Therefore, although we have taken reasonable care to ensure that this information is correct and up to date, we cannot check the accuracy of such information where it is provided to us by third parties. We recommend you confirm all information contained on or linked from the Site with the relevant third party provider.
2. Intellectual Property
The material contained on this Site, including (without limitation) the software, design, text and graphics (including trademarks) comprised in this Site and the selection and layout of this Site, are owned or licensed by us and are protected by local and international intellectual property laws, including copyright.
Except to the extent permitted by relevant copyright legislation or OTS’ prior explicit permission, you must not use, copy, modify, transmit, store, publish or distribute the material on the Site, or create any other material using material on the Site, without obtaining our prior written consent.
Trademarks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining our prior written consent.
The Site, including trademarks, service-marks, business names, company names, logos, trade-names, get-up (trade dress), products, technology and processes contained in this Site may be the subject of other intellectual property rights owned by us or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this Site must not in any way infringe the intellectual property rights of any person in any jurisdiction.
3. Your Use
You must only use this Site for lawful purposes and in a responsible and co-operative manner.
Any breach of these Terms by you will result in legal action being taken by us against you.
You must not:
use another’s personal information, including name, login details or password without permission;
make any fraudulent, speculative or false enquiries, bookings, reservations or requests using the Site;
use the Site while impersonating another person
post or transmit to or via the Site any unlawful, threatening, defamatory, libelous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
tamper with, hinder the operation of or make unauthorized modifications to the Site;
delete data from the Site without our permission;
knowingly transmit any virus or other disabling feature to the Site;
breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction in using this Site;
frame this Site as part of another site or cache this Site for commercial benefit;
commit any act that may amount to a criminal offence or civil breach of any other jurisdiction;
attempt to do any of the above acts; or
knowingly permit another person to do any of the above acts.
4. Your warranties
You warrant that:
you are of sufficient legal age to use this Site and create legal binding obligations for any liability you may incur as a result of using this Site;
you are responsible (financially and otherwise) for all uses of this Site by you and those using this Site using your login details, including your password; and
the information you supply via the Site will be accurate and not misleading, deceptive or likely to be misled or deceive.
You indemnify us and our officers, employees and agents against all losses, costs, damages, claims and expenses arising from:
any breach of these Terms by you;
any act or omission by you or an officer, employee or agent of you; or
any claim, action, demand or proceeding by a third party against us or our officers, employees or agents caused or contributed to by you or an officer, employee or agent of you.
6. Your Privacy
At all times we retain the right to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. We may disclose aggregated information about users and use statistics relating to the Site and aggregated information about our sales and trading patterns to others.
7. Disclaimers and Limitation of Liability
YOU USE THIS SITE AT YOUR OWN RISK. WE DO NOT WARRANT OR REPRESENT THAT THE CONTENT OF THIS SITE IS ACCURATE, UP-TO-DATE OR COMPLETE, OR THAT IT DOES NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES THAT THE PRODUCTS AND SERVICES OFFERED AND SUPPLIED THROUGH THE SITE WILL BE OF MERCHANTABLE QUALITY, FIT FOR ANY PURPOSE OR WILL COMPLY WITH ANY DESCRIPTIONS ON THE SITE OR SAMPLES. THE WEBSITE’S MATERIAL IS DISPLAYED FOR THE PURPOSE OF INFORMATION ONLY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (INCLUDING OUR OFFICERS, EMPLOYEES, SHAREHOLDERS OR OTHER REPRESENTATIVES) ARE NOT LIABLE FOR ANY LOSS OR DAMAGE, HOWEVER CAUSED (INCLUDING NEGLIGENCE), WHICH MAY BE DIRECTLY OR INDIRECTLY SUFFERED, IN CONNECTION WITH YOUR USE OF OR INABILITY TO ACCESS THIS SITE OR THE PURCHASE AND USE OF ANY PRODUCTS AND SERVICES SUPPLIED VIA THIS SITE.
Your access to and use of this Site is subject to factors beyond our control. We do not represent or warrant that this Site, the server that makes it available or any of the products or services supplied through this Site will be free of errors, viruses or defects or that the service will be uninterrupted or timely. Because of the nature of the Internet, we do not warrant that this Site will be secure and we will not be liable for any disruptions to the Site.
We do not represent that any of the travel products and services set out on the Site will be suitable for certain purposes or clients. You release us from any claims in relation to the travel products and services described on the Site, including but not limited to claims that the travel products and services are not suitable.
Unless explicitly displayed as an OTS product the travel products and services offered and promoted via the Site are products and services of third parties. In these cases our role is to facilitate your travel arrangements, including processing your bookings and making payments. We are acting as an agent for third party providers. Your legal relationship in respect of the third party products and services is with the relevant third party provider.
We may link our Site to other sites on the World Wide Web. We are not required to maintain or update these links. These links are provided for your convenience only. It does not mean that we have reviewed these sites or that we endorse them. We are not responsible for the content of other sites, even if we link to them and we are not recommending these sites or their products or services to you.
We make no warranties and accept no liability if you suffer any loss or damage in relation to material contained on external sites or using another’s product or services.
Except as otherwise specified, we may amend these Terms at any time without notice to you by posting amended Terms on the Site. The amended Terms will take effect immediately when they are posted on the Site.
We may terminate this agreement, your registration with or ability to access this Site and/or any other service provided to you by us and any other agreement between us, immediately if you breach any of these Terms.
Except as required by law or otherwise specified by us, you must provide any notices to us by email to email@example.com. We will provide any notices to you by email to any email address provided by you.
12. Governing law
If any dispute arises about this agreement or how this agreement applies or arising out of your use of this Site the laws of Switzerland. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Zug, and waive any right that you may have to object to an action being brought in those courts.
If any of these Terms are invalid or unenforceable, it will be struck out, and the remaining Terms will remain in force.
Headings are for reference purposes only.
If we do not act in relation to a breach by you or others of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.
In these Terms, the term “Site” includes any email bulletins or other content that we provide to you via or initiated from this Site.
These Terms were last updated 05/08/2016.