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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. HolidaysOnline.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 HOLIDAYSONLINE.IE
PROVIDES ARE SUPPLIED BY HOLIDAYSONLINE.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, HolidaysOnline.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 HolidaysOnline.ie deals with you as an agent,
HolidaysOnline.ie has no contractual liability for the Services,
which you have purchased.
PRINCIPAL: There may also be instances when HolidaysOnline.ie shall
be the principal for the Service which you are purchasing, i.e.
the contract for the Service is between HolidaysOnline.ie and you.
In such instances you will be required to accept HolidaysOnline.ie’s
additional terms and conditions which govern the Service which HolidaysOnline.ie
is contracting to provide to you. YOU SHOULD READ HOLIDAYSONLINE.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 HolidaysOnline.ie are NOT an offer
by HolidaysOnline.ie to sell any Service, but an invitation to you
to make an offer to HolidaysOnline.ie or in the case of a third
party service, the third party. HolidaysOnline.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
HolidaysOnline.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 HolidaysOnline.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 HolidaysOnline.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. HolidaysOnline.ie cannot ensure
that files you download from the site will be free of viruses or
contamination or destructive features. HolidaysOnline.ie disclaims
all warranties, express or implied, including also any implied warranties
of merchantability and fitness for a particular purpose. HolidaysOnline.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. HolidaysOnline.ie
makes no guarantee of any specific result from use of this site.
LIMITATION OF LIABILITY. HolidaysOnline.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 HolidaysOnline.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 HolidaysOnline.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, HolidaysOnline.ie or any third party supplier should
not 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.
ERRORS AND OMMISSIONS: HolidaysOnline.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, HolidaysOnline.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
HolidaysOnline.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 HolidaysOnline.ie
and its third party suppliers may be entitled, at law or in equity.
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