go-Ferry Conditions d'utilisation
LA SOCIÉTÉ DERRIÈRE GO-FERRY.FR
Takt Tours Ltd. (hereinafter referred to as "Company") has (together with partners) developed an online booking, comparison and search engine for ferry tickets (hereinafter referred to as "Platform") and manages on the basis of special Agreements the websites goFerry.de, go-Ferry.com and goFerry.gr (hereafter referred to as "goFerry") to offer their services to worldwide users. The Platform connects users directly with the ferry industry and offers them the opportunity to compare shipping companies, routes, prices and third-party suppliers of ferry products and services (hereinafter referred to as "Provider(s)").
All of these travel products of the Providers are from legal travel agencies, shipping companies or other third parties and are subject to the Terms and Conditions imposed by these Providers.
The Company is also a legal travel Agency (hereafter referred to as "Agency") and, in cooperation with other providers, offers its own ferry travel products and services via the Platform.
The Agency and the Providers (hereafter referred to as "Partners") are solely responsible for the ferry travel products and services offered to users through the Platform and the goFerry Websites, which the Company manages on the basis of specific agreements.
It is expressly understood that the domain names goFerry, which is managed by the Company on the basis of specific agreements, does not match with the trade names and/or marks of the Company itself, the Agency and/or the Providers.
Takt Tours Ltd.
21, Leof. Marathonos
19005 Nea Makri
Registry Nr. of Greek Tourism Organization: 0208Ε61000166200
ACCORD D'UTILISATION DU SITE WEB DE GO-FERRY
Updated July 01, 2018
The Company has responsibility whatsoever for arrangements you make with the Agency but not for those you make with any Provider as a result of your use of the goFerry Websites and/or Platform (including, without limitation, any Ferry Provider). Each individual Provider is solely responsible for the content of its data and the Company accepts no responsibility for the content of data, including, without limitation, timetables, routes, accommodation, prices, terms & conditions, payments, any error(s), omission(s) or inaccuracy therein.
We may modify these Terms, for any reason at any time, by posting a new version on our Websites; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of goFerry Websites following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Agency and/or goFerry Websites and/or Platform in any way, your only recourse is to immediately terminate use of them.
We recommend you save and/or print out a copy of these Terms for your future reference.
USING THE goFerry WEBSITE AND PLATFORM
You may only use the goFerry Websites and Platform 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 license to download, access and use the goFerry Websites and/or Platform for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such license to you subject to you agreeing that you shall not:
a) use the goFerry Websites and/or Platform 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, trademark 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 misrepresenting as to your identity or which in any way suggests that you are sponsored, affiliated or connected with goFerry;
b) use the goFerry Websites and/or Platform for any commercial purpose or in any manner which may cause damage to Company or bring Company into disrepute;
c) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via the goFerry Websites and/or Platform, except as permitted by law;
d) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the goFerry Websites and/or Platform, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the goFerry Websites and/or Platform;
e) use or interfere with the goFerry Websites and/or Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
f) introduce onto, or transmit, via the goFerry Websites and/or Platform any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorization key, license control utility or software lock;
g) remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the goFerry Websites and/or Platform or pass off or attempt to pass off the goFerry Websites and/or Platform as the product of anyone other than the Company’s;
h) use any automated computer program or application to scan, copy, index, sort or otherwise exploit the goFerry Websites and/or Platform or any part thereof.
Where you sign up to any feature of, or use, the goFerry Websites and/or Platform that requires the use of a log-in account or password, you agree that you shall be responsible for keeping those password and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know HERE as soon as you can.
To the extent that any element of the goFerry Websites and/or Platform is hosted on a third party website and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions.
SHARING INFORMATION WITH US
To the extent that the goFerry Websites and/or Platform allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with goFerry Websites (“User Content”), you agree that:
a) you are solely responsible for the User Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share and which you cannot grant the license referred to in paragraph (b) below in respect of;
b) although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, you hereby grant the Company a non-exclusive, perpetual, royalty-free, worldwide, transferable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (excluding personally identifiable information) including for the purposes of advertising and marketing the goFerry Websites and / or Platform;
c) we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User Content if necessary.
To the extent that you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign ownership of all intellectual property rights subsisting in that feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion. You can provide feedback to us by clicking HERE.
Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the goFerry Websites and / or Platform (together, the "Intellectual Property Rights") are owned by or licensed to the Company. You acknowledge that by using the goFerry Websites and/or the Platform, you will not acquire any right, title or interest in or to goFerry Websites and/or Platform or in or to the Intellectual Property Rights except for the limited license to use the goFerry Websites and Platform granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of the goFerry Websites and/or Platform in source-code form.
PRICE ACCURACY AND WARRANTY DISCLAIMER
Your use of the goFerry Websites and/or Platform is entirely at your own risk.
Although we enforce strict ‘price accuracy’ policies with all partners who provide us with travel data and endeavor to ensure that the content displayed on or via the goFerry Websites and Platforms is up to date and accurate, we cannot guarantee the reliability or accuracy of such content. We provide the goFerry Websites and Platforms on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether expressed 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 goFerry Websites and Platform (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 BOOKINGS VIA THE goFerry WEBSITES AND THE PLATFORM
The Agency and the Providers are responsible for the Ferry options that each one and separately, use via goFerry Websites and/or Platform. All such Providers are provided by independent legal travel agents and/or ferry operators and/or other third parties and their terms apply to your booking so you must agree to, and understand those terms before the payment procedure.
Some ferry options may also be shown in another currency that is chosen by you for the display of the search results. Our currency conversion is for information purposes only and should not be relied upon as accurate and real-time; actual rates may vary and your payment provider (e.g. your credit card Company) may charge conversion fees and apply another date’s currency rate.
LIMITATION AND EXCLUSIONS OF LIABILITY
These Terms set out the full extent of Company’s obligations and liabilities in respect of the goFerry Websites and Platform.
The Company has responsibility whatsoever for arrangements you make with the Agency but not for those you make with any Provider as a result of your use of the goFerry Websites and/or Platform (including, without limitation, any Ferry Provider). In the event that you encounter any problems with any booking you make or attempt to make with any Provider via goFerry Websites and Platform, you acknowledge that you should resolve that issue with the relevant Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Provider and not with the Company or the Agency. Where the goFerry Websites and/or Platform 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 the Providers or their websites 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 goFerry Websites and/or Platform. Each individual advertiser is solely responsible for the content of its advertising material and the Company 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 goFerry Websites and/or Platform; 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 goFerry Websites and / or Platform or any content provided therein.
Subject to these Terms and to the extent permitted by law, our maximum aggregate liability to you arising out of or in connection with these Terms or your access to, use of, or inability to access or use, the goFerry Websites and/or Platform shall be limited to the sum of €20 (twenty euro).
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 goFerry Websites and / or Platform or breach of these Terms.
The Company 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 canceling your membership and your access to your account. The Company may suspend your use of the goFerry Websites and/or Platform without notice at any time, without incurring any liability to you whatsoever.
You acknowledge that your unauthorized use of the goFerry Websites and/or Platform may result in irreparable damage and injury to Company and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorized 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 goFerry Websites and/or Platform.
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 goFerry Websites and/or Platform.
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.
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 goFerry Websites and/or Platform, to the extent permitted by law these Terms and your use of the goFerry Websites and/or Platform shall be governed in accordance with the laws of Luxembourg and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of Luxembourg resolve any disputes which may arise hereunder.
If you require further information about the Company or have any suggestions concerning how to improve the goFerry Websites and/or Platform, please write to us at [email protected]
OUR FERRY PROVIDERS
(Updated July 01, 2018)
Takt Tours Ltd.
28, Marathonos Ave.
19005 Nea Makri
Registry Nr. of Greek Tourism Organization: 0208Ε61000166200
4-6, Louki Akrita Ave.
Pedieos block C
Registration Nr. of Cyprus Tourist Organization: 6681
Int. VAT: CY10371256J