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European Wholesale Tour Operator serving the Travel Agency community.

European Wholesale Tour Operator serving the Travel Agency community. European Wholesale Tour Operator serving the Travel Agency community.

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 Terms of Use

This Agreement is made between European Travel ExpertsPty Ltd ABN 24128478482

of 215 Bell Street Presto, Victoria 3072, AUSTRALIA
trading as Euroscape Travel(TM)”) and you. (“You”).
In consideration of this website being made available for your use You agree to the following terms and conditions.
1. Definitions
1.1 In this Agreement, unless inconsistent with the context:
(a) Agreement means this agreement, its recitals, provisions and the booking terms and privacy policy found at this website;
(b) Clause means a clause of this Agreement.
(c) Intellectual Property Right includes, without limitation, any right arising from or capable of arising from the: Circuits Layout Act 1989 (Cth); Copyright Act 1968 (Cth); Designs Act 1906 (Cth); Patents Act 1990 (Cth); Plant Breeder’s Rights Act 1994 (Cth); Trade Marks Act 1995 (Cth); any similar legislation outside the Commonwealth of Australia; any similar unregistered right; and Confidential Information.
(d) Party means a party to this Agreement and its successors, trustees and permitted assigns.
(e) Sub-clause means a sub-clause of this Agreement.
2. Interpretation
2.1 In this Agreement, unless inconsistent with the context:
(a) Words denoting a person shall include corporations, statutory corporations, partnerships, joint ventures, associations, boards, governments or semi-government agencies or authorities.
(b) Words denoting the singular number shall include the plural number and vice versa.
(c) Words denoting any gender shall include all other genders.
(d) A reference to a statute or a regulation also refers to any statute or regulation amending, or consolidating or re-enacting same.
(e) Money references are references to specified currency.
(f) Headings used in this Agreement are for convenience and ease of reference only, and are not part of this Agreement and shall not be relevant or affect the meaning or interpretation of this Agreement.
(g) Every obligation, covenant, agreement, condition express or implied in this Agreement and entered into by more than one party shall bind them jointly and each of them severally.
(h) A provision of this Agreement shall not be construed adversely to the Party that drafted it.
(i) If any provision or part provision of this Agreement is held invalid, unenforceable or illegal for any reason, this Agreement shall remain otherwise in full force apart from such provision or part provision which shall be deemed deleted.
(j) Words denoting writing shall include an electronic message sent from Euroscape to You.
3. Your obligations
3.1 You shall, unless agreed otherwise by notice in writing from Euroscape:
(a) not rely on any statement found on this website without independently verifying same by using your own enquiries;
(b) supervise and control the use of this website in accordance with the terms of this Agreement;
(c) ensure that Your officers, employees, sub-contractors and other agents who have authorised access to website are made aware of the terms of this Agreement;
(d) advise EuroscapeTravel in writing within 7 days of You becoming aware of any person using this website who is not authorised by Euroscape Travel;
(e) keep Your password and user account details confidential and not disclose same to any other party. Should any such disclosure occur You shall report same to Euroscape Travel in writing as soon as possible. You shall be responsible for all use of this website whether authorised or not by You;
(f) properly train Yourself in the use of this website;
(g) provide equipment which Euroscape Travel considers suitable to use this website;
(h) comply with all relevant laws;
(i) to the extent permitted by law, release, indemnify and keep indemnified Euroscape Travel, its servants and agents against all liability, claim, action, suit, demand, loss, cost (including legal costs on a solicitor and own client basis) or expense arising out of or in any way connected with this Agreement or this website including without limitation, breach of any law, defamation and Intellectual Property Right infringement
4. Limited Warranty
4.1 Euroscape Travel shall supply this website with all due care and skill.
4.2 Euroscape Travel shall re-supply any services which are not supplied in accordance with Sub-clause 4.1 provided that You notify Euroscape Travel of same within a reasonable time from the time of supply. This remedy shall be Your sole and exclusive remedy for breach of this Agreement or any other cause of action against Euroscape Travel.
4.3 Euroscape Travel cannot and does not warrant that this web site shall be available 24 hours a day or that any fault shall be corrected within a specific time frame.
4.4 Please note that all services booked using the web site are supplied subject to the terms and conditions of the Provider of that service.
5. Exclusions and Limitation of Liability
5.1 Except as expressly provided to the contrary in this Agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this Agreement or to this Agreement generally, are excluded.
5.2 Unless Euroscape Travel otherwise agrees in writing, Euroscape travel is not responsible for, without limitation:
(a) ensuring that the website is accurate;
(b) ensuring that the website is suitable for Your requirements or fit for any purpose;
(c) any interruption to the website due to, without limitation, equipment failure, the need for routine maintenance, peak demand and so on;
(d) the supply or maintenance of Your equipment, software or telephone lines;
(e) monitoring, controlling or ensuring the accuracy, appropriateness or content of any information on the Internet and does not do so;
(f) any software available on the Internet; or that
(g) ensuring that the web site is secure, error or virus free.
5.3 Euroscape Travel does not endorse or approve of any materials on the Internet and shall not be liable in any way for such materials. You acknowledge that Euroscape Travel does not and cannot monitor or control the content and information accessed via the Internet and shall not hold Euroscape Travel responsible in any way for any content or information accessed via the Internet or any link from this website.
5.4 Save for Clause 4, and to the extent permitted by law, Euroscape shall not be under any liability to You in respect of any loss or damage (including, without limitation, consequential loss or damage) however caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of goods or services pursuant to this Agreement or the failure or omission on the part of Euroscape Travel to comply with its obligations under this Agreement.
6. Waiver
6.1 No right of Euroscape Travel shall be deemed to be waived except by notice in writing from Euroscape. Travel
6.2 Any failure by Euroscape Travel to enforce any provision of this Agreement, or any forbearance, delay or indulgence granted by a Party shall not be construed as a waiver of Euroscape’s rights.
7. Notices
7.1 Notices under this Agreement may be delivered by hand, by mail, facsimile or e-mail to the above addresses.
7.2 Notices shall be deemed given, in the case of:
(a) hand delivery, upon written acknowledgment of receipt by an officer or other duly authorised employee, agent or representative of the receiving party;
(b) posting, 3 days after dispatch;
(c) facsimile, upon completion of transmission; and
(d) e-mail, immediately after dispatch.
8. Entire Agreement
8.1 This Agreement constitutes the entire agreement between the parties for the subject matter referred to in this Agreement. Any prior arrangements, agreements, representations or undertakings are superseded.
8.2 No modification, variation or alteration of any provision of this Agreement shall be valid except in writing and expressly authorised by Euroscape Travel.
8.3 Euroscape Travel reserves the right to change these terms and conditions and any rates or fees from time to time without notice. Should you not agree to any such changes then Your sole remedy is to terminate this Agreement.
9. Governing Law
9.1 This Agreement shall be governed by and construed according to the law of the State of Victoria Australia.
9.2 The Parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia and any courts hearing appeals from such Courts. Any proceedings in a Commonwealth court shall be commenced in Victoria.