Terms & Conditions

Our Terms & Conditions

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These terms of use (“Terms of Use”) are effective from 20th September 2017

1. Definitions

Website” means the website and any applications (apps) on which the Services are made available, such websites and applications being owned, controlled, managed, maintained and/or hosted by Trip Historic.

Products” means the products and services provided through the Website by Suppliers and such other services as may from time to time be made available by Suppliers on the Website.

Services” means Trip Historic services provided on the Website, comprising (i) the Products’ listings and comparison service, including the online booking- and payment-facilitation service , together with (ii) the online travel guide service, containing articles, features and interviews.

Supplier” means the provider of the Services by third parties including without limitation online travel agencies, tour aggregators, hotels, attractions, museums, parks, tours, cruises, rail and coach tours, transfers, insurances, and any other travel or related product or service as from time to time available to book on the Website.

Trip Historic”, “us”, “we” or “our” means Trip Historic the trading name of Historvius Limited a company incorporated under the laws of England and Wales, and having its registered office at 1 Theobald Court, Theobald Street, Borehamwood WD6 4RN.

you” means each user visiting the Website.

2. Introduction

These Terms of Use apply to all the Services directly or indirectly made available online through the Website . By accessing, browsing and using the Website you acknowledge that you have read, understood and agree to the terms and conditions set out below (including the privacy statement set out at section 14 below).

You agree and understand that these Terms of Use and the Website and Services itself may be modified or added to by Trip Historic at any time so you should check them regularly and particularly prior to purchasing any Product. Your continued use of the Website after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by Trip Historic, any new features, services, enhancements or modifications to the Website implemented after your initial access to it shall be subject to these Terms of Use.

The Website and the Services are owned, operated and provided by Trip Historic and are provided for your personal, non-commercial use only, subject to the terms of use set out below.

3. Scope of the Services

Through the Website, we (Trip Historic and our Suppliers) provide the Services through which Suppliers can market the Products and through which you can request bookings, or view our content. The Products are sold directly to you by the Supplier not by Trip Historic. By purchasing such Products, you enter into a direct and legally binding contractual relationship with the relevant Supplier. If you purchase a Product, you acknowledge that Trip Historic acts solely as an intermediary between you and the Supplier, transmitting the details of your booking to the relevant Supplier and sending you a confirmation on behalf of such Supplier. At the point of purchasing a Product or making a booking, the terms and conditions of the relevant Supplier shall apply to you and your booking or Product. We will provide all reasonable information to assist you to understand the Supplier’s terms relating to your Product or booking and will provide you with the Supplier’s contact details and the Supplier with your contact details as may be necessary to process the purchase and allowing you to contact them directly for any additional information.

When rendering the Services, the information that we disclose on the Website is based on the information provided to us by Suppliers. Although we will use reasonable skill and care in performing the Services, we cannot guarantee that all information is accurate, complete or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), omissions, interruptions to the Service (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. The Suppliers are responsible at all times for ensuring the accuracy, completeness and validity of the information (including the rates and availability) displayed on the Website relating to their Products and they will regularly update such information. Unless we expressly state otherwise on any particular Product, nothing on the Website constitutes and should be regarded as being a recommendation or endorsement of the quality, service level, qualification or rating of any Supplier or the facilities or venues, or Products made available to you by the Suppliers.

The Services are made available for your personal and non-commercial use only. Therefore, you are not allowed to re-sell, link, use, copy, monitor, display, download or reproduce any content or information, software, reservations, tickets, products or services available on the Website for any commercial or competitive activity or purpose.

4. Rights to Content

Except as otherwise indicated in section 4 below, the Website, and all text, photos, images, video, sounds, information, works of authorship and other content contained herein (’’Website Content’’) is and remains the property of Trip Historic or its licensors, with any and all rights reserved.

Trip Historic, its logo and all other marks displayed on this Website (the ’’Intellectual Property’’) are the registered and/or common law trademarks of Trip Historic and/or the Suppliers. Nothing contained on the Website may be construed as granting, by implication, or otherwise, any licence or right to use any Intellectual Property without the prior written permission of the owner of the Intellectual Property. You may at no time remove any Intellectual Property from the Website.

5. Use of the Website

Trip Historic authorises you to view, download and print Website Content subject to the following conditions: (i) you may only do so for your own personal and non-commercial use; (ii) you may not modify the Website Content; (iii) any displays of Website Content must be marked “© Trip Historic. All rights reserved.’’; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Website Content by Trip Historic; (v) you may not reproduce, prepare derivative works from, distribute or display Website Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, republication, posting or redistribution of the Website Content or any portion thereof is strictly prohibited without the prior written permission of Trip Historic. To request permission, you may contact Trip Historic at info@triphistoric.com. If you violate any of these Terms of Use, the rights we grant to you under these Terms of Use will immediately terminate.

You agree to use the Website only for lawful purposes. You understand that failure to do so may subject you to civil or criminal liability. You agree and understand that you must be at least 18 years of age and possess the legal authority to agree to these Terms of Use and to use the Website in accordance with all terms and conditions herein.

You will not incur any charges for using the Website in accordance with these Terms of Use. However, the Website contains links to other websites which are operated and owned by independent Suppliers and other third parties. These Suppliers may charge a fee for use of certain content or services provided. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any booking with any Supplier to determine whether a charge will be incurred. Where Trip Historic provides details of charges on the Website, such information is provided for convenience and information purposes only. Trip Historic in no way guarantees that this information is correct nor is it in anyway responsible for the content or services provided by Suppliers or their websites.

6. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

WE MAKE NO REPRESENTATION OF ANY KIND REGARDING THE SUITABILITY OF THE WEBSITE CONTENT OR OUR SERVICES, OR ANY PORTION THEREOF INCLUDING BUT NOT RESTRICTED TO ANY USER GENERATED CONTENT, FOR ANY PURPOSE. ALL WEBSITE CONTENT IS PROVIDED ’’AS IS’’. WE DISCLAIM ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OF ANY INFORMATION CONTAINED IN THE WEBSITE CONTENT.

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (II) FRAUD; OR (III) WILFUL DEFAULT OR GROSS NEGLIGENCE.. SUBJECT TO THE FOREGOING, YOU USE THE WEBSITE AT YOUR OWN RISK AND NEITHER WE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE WEBSITE CONTENT SHALL BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT ARISING FROM YOUR USE OF THE WEBSITE AND/OR WEBSITE CONTENT INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE IN CONNECTION WITH THE SERVICES OR THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE WEBSITE. IN ANY CASE, TRIP HISTORIC’S MAXIMUM LIABILITY TO YOU SHALL NEVER EXCEED £10 (TEN POUNDS STERLING). NOTWITHSTANDING THE FOREGOING, [YOU ACCEPT THAT TRIP HISTORIC ACTS AS AN INTERFACE BETWEEN THE CUSTOMER AND THE SUPPLIERS, TRIP HISTORIC WILL THEREFORE UNDER NO CIRCUMSTANCES BE HELD LIABLE WITH RESPECT TO PRODUCTS YOU, THE CUSTOMER, HAVE BOOKED WITH ONE OR MORE SUPPLIERS. TRIP HISTORIC IS NOT LIABLE IF AND INSOFAR AS YOU ARE ABLE TO CLAIM FOR DAMAGES UNDER AN INSURANCE POLICY SUCH AS TRAVEL AND/OR HOLIDAY CANCELLATION INSURANCE]

Trip Historic will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of the Suppliers or for any damages or expenses resulting from your interactions with the Suppliers and the Products supplied by them, including without limitation, any unavailability, cancellation, overbooking, strike, force majeure or any event beyond our reasonable control.

Whether or not the Supplier has charged you for a Product or if we are facilitating the payment of the relevant payment, you agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the booking price to the relevant tax authorities. We are not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the booking price to the relevant tax authorities.

7. Indemnity

To the fullest extent permitted by law, you agree to indemnify and hold Trip Historic, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your: (1) breach of these Terms of Use; (2) User Generated Content; (3) use of the Website; and (4) violation or breach of any third party rights or any law.

8. Travel Destinations

While we hope that Trip Historic helps you find interesting historic sites around the world, we are not a travel advisory service and neither recommend nor dissuade travel to any particular destination. We make no representations as to the safety of different travel destinations or the risks involved in visiting different locations around the world, nor do we warrant that travel to any destination is without risk., Trip Historic is not liable for any loss or damage, nor personal injury and death, that may result from travel to any destinations other than caused by negligence.

We strongly advise you to check with your country’s foreign office or other relevant government body for advice and any travel warnings before considering travelling to any international destination.

9. Supplier Websites

The Website contains links to other websites. Following any link to any other service or website is at your own risk. The linked sites are not under the control of Trip Historic, and Trip Historic is not responsible for the content of any linked site or the Products supplied on them. Trip Historic provides these links as a convenience, and a link does not make any endorsement of, sponsorship of or affiliation with the linked site by Trip Historic. Linked websites are owned and operated by independent Suppliers and other third parties, and therefore, Trip Historic cannot ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these Suppliers.

10. Submissions

Please be aware that by submitting content to the Website by electronic mail, postings on the Website or otherwise, including any reviews, images, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Trip Historic: a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (ii) use the name that you submit in connection with such Submission. You acknowledge that Trip Historic may choose to provide attribution of your comments, images or reviews (for example, listing your name and hometown on a review that you submit) at our discretion, and that such submissions may be shared with the Suppliers. You acknowledge and agree that Submissions are non-confidential and non-proprietary. To the extent possible you expressly waive any and all ´moral rights` (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by Trip Historic or our Suppliers. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms of Use, please do not provide us with any Submissions.

Your Submissions must be accurate (where they state facts) and must be genuinely held (where they state opinions). You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to the Website). You are prohibited from posting or transmitting to or from the Website: (i) any unlawful, threatening, libellous, defamatory, discriminatory, deceptive, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law, promote or incite violence; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to the Website. You acknowledge that Trip Historic may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you.

By uploading any photos or images the person uploading the photos or images accepts full legal and moral responsibility for any and all legal claims that are made by any third parties due to us publishing and using these photos or images. We do not own or endorse the User Generated Content that is uploaded. The truthfulness, validity and right to use any Submission is assumed by the person who uploaded it. We disclaim all responsibility and liability for any Submission that is posted.

11. Usage of the Website

The following is a non-exhaustive list of the kind of usage that is illegal or prohibited on or through the Website. You shall not (and you agree not to allow any third party to): (i) modify, adapt, translate, or reverse engineer any portion of the Website; (ii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website for reproduction elsewhere without express written permission from Trip Historic; (iii) collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and share feedback with other Trip Historic users or members; (iv) reformat or frame any portion of the web pages that are part of the Website; (v) create user accounts by automated means or under false or fraudulent pretences or impersonate other users; (vi) create or transmit unwanted electronic communications such as ’’spam’’ to other users or members of the Website or otherwise interfere with other user’s or member’s enjoyment of the Website; (vii) submit, post, distribute, or reproduce in any way any copyrighted material, trademarks, or other information owned by someone else without obtaining the prior written consent of the owner of such rights; (viii) submit any content or material that falsely states or implies that such content or material is sponsored or endorsed by Trip Historic; (ix) submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of anyone; (x) transmit any viruses, worms, defects, Trojan horses or other software items of a destructive nature; (xi) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material; (xii) copy or store any Website Content for other than your own use; (xiii) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our IT infrastructure; and (xiv) collect or store personal data about other users in connection with the prohibited activities described in this paragraph.

We will determine, in our sole discretion, whether there has been a breach of our Terms of Use through your use of the Website. When we determine a breach has occurred, we may take such action as we deem appropriate.

Failure to comply with our Terms of Use constitutes a material breach upon which you are permitted to use the Website, and may result in our taking all or any of the following actions: (i) Immediate, temporary or permanent withdrawal of your right to use the Website; (ii) Immediate, temporary or permanent removal of any posting or material uploaded by you to the Website; (iii) Issue of a warning to you; (iv) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; (v) Further legal action against you; (vi) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of our Terms of Use. The responses described above are not limited, and we may take any other action we reasonably deem appropriate.

13. Registration

By registering for an account with Trip Historic you agree to the following: (i) Trip Historic allows only one account per individual; (ii) You at least 18 years of age; (iii) You will not create an account for anyone other than yourself without written permission from Trip Historic; (iv) You will not reveal or share your account password with anyone else or let anyone else access your account or do anything that may compromise the security of your account. Furthermore, you agree to accept responsibility for all activities that occur under your account or password. You will inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner; (v) You will not transfer your account to anyone else without prior written permission from Trip Historic; (vi) You will not provide false registration information or select an account username that infringes third party rights or misleads about your credibility or affiliation. Trip Historic reserves the right to remove or reclaim an account username if we believe this is appropriate; (vii) You will keep your account contact information including your e-mail address accurate and up-to-date; (viii) You will comply with all laws and regulations applicable to your access and use of Trip Historic and publication of any Submission; and (ix) If we disable your account, you will not duplicate your account or create another account without our express permission.

14. Complaints

If you have any complaints in respect of any of the Website Content or User Generate Content please contact us immediately by email at info@triphistoric.com. Upon receiving any complaint Trip Historic will, if appropriate, make all reasonable endeavours to address the issue and may in its sole discretion remove content within a reasonable time.

15. Privacy

Any personal information you post on the Website will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.

16. Applicable law and jurisdiction

The Website (excluding links to third-party sites) and these Terms of Use and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising hereunder.

17. Website Modifications

Trip Historic may change, suspend or discontinue any aspect of the Services at any time, including availability of any feature, database or content. Trip Historic may also impose limits on certain features and services or restrict your access to all or parts of the Website without notice or liability for technical or security reasons, to prevent against unauthorised access, loss of, or destruction of data or where we consider that you are in breach of any provision of these Terms of Use or of any law or regulation and where Trip Historic decides to discontinue providing the Services or any of them.

YOUR CONTINUED USE OF THE WEBSITE AND THE SERVICES NOW OR FOLLOWING THE POSTING OF ANY SUCH NOTICE OF ANY CHANGES WILL INDICATE ACCEPTANCE BY YOU OF SUCH MODIFICATIONS.

18. Assignment

The Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Trip Historic without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void.

19. General

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

Trip Historic will not individually store the specific Terms of Use to which you first agreed.