Disclaimer, IP & more Airtrotter.com


Last updated: 19-04-2019

Disclaimer

The material on Airtrotter.com may contain typographical error(s) or unsubstantiated data. Airtrotter B.V. (Owner of Airtrotter.com) does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through TripHobo.com. You acknowledge that any reliance on or use of any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

Airtrotter B.V. reserves the right, in its sole discretion, to correct any errors or omissions on any portion of the site. Airtrotter B.V. may make any other changes to the site, the materials and the products, programs, services or prices (if any) described on Airtrotter.com at any time without notice. This site, the information and materials on the site, and the software made available on the site, are provided "as is" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose.

To the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents will be liable for (i) any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability, and ratings) of the Trip Provider (provided by our Partners) as made available on our Platform, (iii) the services rendered or the products offered by the Trip Provider or other business partners, (iv) any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Trip Provider or any of our other Partners (including any of their employees, directors, officers, agents, representatives, subcontractors, or affiliated companies) whose products or service are (directly or indirectly) made available, offered, or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure, or any other event beyond our control.

Airtrotter.com is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness, and due disclosure of the Trip and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. You acknowledge and agree that the relevant Partner is solely responsible and assumes all responsibility and liability in respect of the Trip (The policy of the relevant partner applies).

Airtrotter is an information collection platform and is not a (re)seller of the Trip. Complaints or claims in respect of the Trip (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by our Partners.

Airtrotter.com is not responsible for and disclaims any liability in respect of such complaints, claims, and (product) liabilities.

Whether or not the our Partners has charged you for your segment, or if we are facilitating the payment of the (Trip) price or fee, you agree and acknowledge that the Trip Provider is at all times responsible for the collection, withholding, remittance, and payment of the applicable taxes due on the total amount of the (Trip) price or fee to the relevant tax authorities.

Airtrotter.com is not liable or responsible for the remittance, collection, withholding, or payment of the relevant taxes due on the (Trip) price or fee to the relevant tax authorities. Airtrotter.com does not act as the merchant of record for any product or service made available on the Platform.

By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Airtrotter.com may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Airtrotter.com at its discretion sees fit. You are granting Airtrotter.com a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Booking.com at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to Airtrotter.com publishing and using these photos/images. Airtrotter.com does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo and is not the responsibility of Airtrotter.com. Airtrotter.com disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Airtrotter.com at any time and without prior notice.

Intellectual Property Rights

Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Airtrotter Holding B.V.

Airtrotter.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Airtrotter.com. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right).

Miscellaneous

To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Dutch law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands.

The original UK English version of these Terms and Conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the UK English version and any other language version of these terms and conditions, the UK English language version to the extent permitted by law shall apply, prevail and be conclusive. The UK English version is available on our Platform (by selecting "English (UK)" language) or shall be sent to you upon your written request.

If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.


Travel Agents

Airtrotter may contact you to become a Travel Agent. After agreement, you become a agent of the Platform where you promote your own created. As soon as someone copy, AND books selected segments you receive an agreed (commission) rate.

As soon as an segment is booked, we will check back-end with our selected affiliate partner. If the booking is not shown in our affiliate center, we reserve the right not to pay your commission.

Our travel agents may use our Platform to create Trips which they can promote. The Travel Agents do not have any power or authority to represent Airtrotter.com, or to enter into any contract in the name of, for or on behalf of Airtrotter.com.

We reserve the right to terminate the contract with the any Travel Agent at any time.


About Airtrotter.com

The Trip Service is rendered by Airtrotter B.V., which is a private limited liability company, incorporated under the laws of the Netherlands and having its offices at Poortweg 4, 2612 PA, Delft, the Netherlands and registered at Staalmeesterstraat 2, 2613 MV, Delft, the Netherlands, with the trade register of the Chamber of Commerce in Amsterdam under registration number 68863047. Our VAT registration number is NL 857623205B01.

Airtrotter.com has its headquarters in Delft, the Netherlands and is supported by various affiliated group companies (the "support companies") throughout the world. The support companies provide the information shown on our platform.

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