1. Definitions "We, Us, Our" and related expressions refer to www.goredsea.com, a website, which domain belongs to eTour Establishment (hereinafter referred to as “eTour”), a company incorporated under the laws of the Principality of Liechtenstein with its registration number FL-0002.071.852-7 and with its registered address at “Am Bühel 1, 9493 Mauren, Principality of Liechtenstein”. "You, Your" and related expressions refer to the user of our Site. "Our Site" means the website with address www.goredsea.com. 2. Our Services We offer an online travel portal that allows you to research and check for availability of travel products and services to suit you and enable you to make bookings with suppliers. You can choose from a variety of services on our Site. We offer you the power to book holidays, hotels, diving and in general travel services and even purchase travel insurance directly via our Site. We also display general information about travel, including destination guides. Please note that these Terms of Use are distinct and separate from the Booking Terms and Conditions (or other specific conditions) that must be accepted by you before we agree to conclude any contract with respect to any offered services to you through our Site. 3. Information on our Site We offer all of the general information on our Site for purposes of guidance only. Please note that the published information may change at any time. You need to check with the relevant embassy or tourist office to confirm that the guidance is up to date. In particular, with respect to passports, visas and vaccination requirements, we do not guarantee that the information are always up to date and it is your responsibility to ensure that you understand and comply with all relevant passport, visa and vaccination requirements. We do not guarantee that information on our Site are free from errors or omissions, but we will use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention. 4. Use of our Site Our Site is provided on an 'as is' and 'as available' basis. We do not accept any liability in respect of your ability to access or use our site at any time or any interruption in that access or use or any failure to complete any transaction. We do not warrant that our Site is free from computer viruses and/or other properties that may cause loss or damage. You may only use our Site in accordance with the terms and conditions set out herein, to get information about the Red Sea, make legitimate reservations or purchases. You shall not use our Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You authorise us where necessary to make reservations on your behalf in accordance with your instructions. We reserve the right, to be exercised at our sole discretion, at any time and without notice to terminate or restrict your access to our Site or any component thereof. 5. Your Obligations You agree to be bound by the following obligations, including without limitation: You accept financial responsibility for all transactions made under your name, including without limitation minors (under 18 years old) living with you. You agree to supervise all usage by minors of our Site under your name. You must be 18 years of age or over and have legal capacity. You warrant that all information you provide about yourself or members of your household shall be true and accurate. The transmission of threatening, defamatory, pornographic, political or racist material or any material that is otherwise unlawful is expressly prohibited. Our Site and any content may not be modified, copied, transmitted, distributed, sold, displayed, licensed or reproduced in any way by you, except for your strict personal and non-commercial use. With reference to the forum, you recognize that all the chat, the messages and every other communication of other users are not guaranteed by us and that such communications will not have to be considered reviewed, examined and approved by us. Moreover, you accept to use our chat to send and receive messages and materials directly correlated to the topic of each chat. You engage therefore not: - to defame, misuse, annoy or in every other way violate the legal rights of the others;
- to publish, send or in every other way diffuse defamatory, indecent or illegal material or information;
- to load files that contain virus and/or every similar program that can damage the operation of other computers;
- to offer or publish the sale of whichever goods or service or carry out surveys, competitions and letters to chain. 6. Review of Transmissions You agree that if you submit suggestions, ideas, comments or questions or post any other information on our Site, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicense able right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. We take no responsibility and assume no liability for any content posted or submitted by you. 7. Liability of eTour We will not be liable for any direct, indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of our Site. If, notwithstanding the foregoing, we should 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 our Site or its content, our liability shall in no event exceed in the aggregate the booking or reservation fees incurred. Whilst we make every possible effort to ensure that your use of our Site is trouble-free, we do not warrant that our Site will operate free from error, nor do we warrant that use of our Site will not result in damage to your computer or your computer becoming infected with a computer virus or other harmful components. You are therefore advised to take suitable precautions and to use your own anti-virus software at all times. In order to use the functionalities of our site, you must have – at your own choice and expenses - an access to the Internet lend from a supplier of own confidence. We will not be in any way responsible of eventual damages to your utilized computer equipment directly or indirectly arising from the connection to the Internet. 8. Indemnification You agree to defend and indemnify us, our affiliates, and/or our respective suppliers and any of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (a) your breach of these Terms of Use, Conditions and Notices or the documents referenced herein;
(b) your violation of any law or the rights of a third party; or
(c) your use of our Site. 9. Links to Third Party Web Sites Our Site may contain hyper links to external web sites owned and operated by third parties. We have no control over or association with such third party sites and no responsibility in relation to the accuracy, completeness and quality of the information contained within them. Any and all contents on these external web sites do not reflect products, services or information provided by us. You should direct any concerns regarding any external link to the site administrator or webmaster of such site. 10. Software available on our Site Any software that is made available to download from our Site ("Software") is the copyrighted work of us, our affiliates and/or our suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install copy or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. Please note that all Software, including without limitation all HTML code, Active X controls and other script contained in our Site, is owned by us, our affiliates and/or our suppliers and is protected by copyright laws and international treaty provisions. 11. Force Majeure We shall not be liable for any that may arise out of a force majeure event. This shall include without limitation government intervention, wars, threat of war, riots, civil disturbances, terrorist activities, hijacking, fire, epidemics, health risks, technical problems with transport beyond our control or that of our suppliers, closed or congested airports, strikes, hurricanes and other actual or potential severe weather conditions, natural and nuclear disasters, industrial actions and any other similar events affecting us or our suppliers. 12. Changes to our Site We may change any aspect of our Site or its content, including the availability of any suppliers, features, information, database or content. 13. Copyright and Trademarks The copyright and all proprietary rights in our Site and all content are reserved by us. The material contained within our Site is the property of us or our affiliates unless identified as belonging to third parties. The name “GoRedSea”, “GoRedSea.com” and any other marks, logos and graphics of GoRedSea and eTour displayed on our Site are registered trademarks of us or our affiliates. Other company and product or service names displayed on our Site may be the trademarks of their respective owners. You are not granted any right or licence to use any trademarks. 14. Privacy Policy You have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You agree to the use of personal information by us and our affiliates or third party suppliers in accordance with the terms of and for the purposes set forth in the eTour Privacy Policy. Use of your personal information will in all cases be with your consent and subject to any rights you may have as a Data Subject under the Liechtenstein Data Protection Act (DSG), LGBl. 2002 Nr. 55, as amended from time to time. For additional information please click here. 15. Security of Payments We use secure technology in order to safeguard personal information and financial transactions. We comply with the procedures and security standards as further set out in the eTour Security Policy. For additional information please click here. 16. Changes to Terms of Use We reserve the right to change or update our Terms of Use relating the use of our Site from time to time without prior notice. The current version of our Terms of Use will be displayed within our Site from the date on which any changes come into effect. Continued use of our Site following any changes to our Terms of Use shall constitute your acceptance of such changes. 17. Severability These Terms of Use shall be deemed severable. In the event that any provision is held by a court of law to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such finding shall not affect the validity and enforceability of any other remaining provisions. 18. Governing Law and Venue The laws of the Principality of Liechtenstein shall apply to these Terms of Use. Any action shall either be brought in a court of competent jurisdiction in 9490 Vaduz, Principality of Liechtenstein, where we have our registered office, or in the place of your residence or domicile. |