PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY. YOUR USE OF SERVICE(S) IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (hereinafter referred to as the “Terms”).
The Terms shall be deemed to have been accepted by you whenever you use or avail any of our Services. By using any our Services, you agree that you have read, understood and are bound by the Terms. You are requested not to use or avail any of our Services, if any of the terms and conditions contained in these Terms is unacceptable to you or if you do not wish to be bound by these Terms.
In these Terms, references to “you”, “user” shall mean the user/customer using our website lastminute-airfare.com or receiving any of the Services offered and provided thereon by us and “we”, “us” and “our” shall mean Digital Paradise OÜ, a company governed under the laws of Estonia and having its registered office at Sepapaja 6, Tallinn 15551, Estonia (hereinafter referred to as “Lastminute-Airfare”).
We are a global business providing online travel search services (including but not limited to flight, hotel and car hire price comparisons) and other travel related services (collectively the “Services”) to users throughout the world via our website and other platforms (the “Site”). In particular, Tripsaver is a metasearch engine and provides a full-fledged online marketplace enabling consumers to connect with travel providers/websites throughout the world.
Tripsaver is not a travel agent and is not responsible for providing, or for setting or controlling the prices applicable to, any of the travel options or products (such as flights or hotels) which you may search for, find on and/or book via our Services or Site. All such are third party travel products and are provided by independent travel agents, airlines, hotels, tour operators or other third parties and are subject to the terms and conditions imposed by those third parties.
On the Site, you have the ability to compare third party services via the Lastminute-Airfare system. In addition, for some travel services, users have the possibility of booking the selected flight, hotel etc. through a direct connection to the travel booking sites (third parties). As a result, the booking will be made directly on such booking sites and not on our Site. In such cases, Lastminute-Airfare is not the travel operator or the contractual party for the user, but only an agent providing the technical connection to the travel booking site of a third party. By making a booking on the website of the third party, users agree to be bound by the terms and conditions of that booking site. These terms and conditions can be viewed on the website of the third party. Once a booking is made on the website of a third party, a contract is concluded between the booking site and the user, and therefore no contract is concluded between the user and Lastminute-Airfare. Lastminute-Airfare is no contractual party to any such bookings and all and any claims of the user under any such bookings are to be asserted against the third party (the booking site) and not against Lastminute-Airfare.
These Terms will not be affected by any other agreements between the third parties and users.
We may also suggest some general products and services to you while browsing the Site, along with general travel information based upon and other contact pages available on the Site.
These Terms govern your access to and use of the Services and/or Site and, together with our privacy and cookies policy constitute a legal agreement between you and Lastminute-Airfare. By downloading, uploading content to and accessing or otherwise using our Services and/or Site, you are confirming that you have read, understood and agreed to these Terms and those of the privacy and cookies policy.
We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on the Site and you will be deemed to have accepted any amendments if you continue using our Services and/or Site after the amendments are displayed.
LICENSE, USE OF SITE AND RESTRICTIONS
We suggest all users to be responsible about their use of this Site. We do not own or manage, nor can we contract for, any third-party travel products and services on our Site.
Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, offer, service or product endorsed on the Site and any transaction they enter into in connection with their use of the Site.
You may only use the Site and its Services in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive licence to download, access and access and use the Site and its Services for your own personal, non-commercial purposes and for no other purpose.
The Site serves solely as a facilitation platform for connecting users with travel providers/websites. We exercise no control and do not guarantee any consequence, result or achievement deriving from usage of the Site, our Services or any tools or offers listed on the Site. Therefore, the Site and the use of our Services or any tools or offers on the Site cannot guarantee any definitive results or consequences, but solely provide facilitation and ease for its users to search and connect with travel providers. Further, please note that we have no control over the quality, safety, or legality of the items advertised, the truth or accuracy of the listings, the ability of travel providers/websites to offer the travel bookings listed. We cannot ensure that such a travel provider will actually complete a transaction and we do not make any representations as to the quality, location, availability, suitability, or pricing of any specific flight, hotel etc. We are not and shall not be responsible for and disclaims any and all liability related to any and all listings offered by such travel providers/websites. Any bookings made or accepted or to be made or accepted on third party websites will be the user’s own risk.
The license to use the Site only extends to the uses expressly described herein. The license to use the Site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission.
You agree not to use the Site or any of our services or anything in connection with the Site/services for any illegal or inappropriate purpose, and affirmatively represent and warrant that you shall not:
ELIGIBILITY AND USE OF INFORMATION
Where you sign up to any feature of, or use, the Site and/or any of the Services that requires the use of a log-in account or password, you agree that you shall be responsible for keeping those password and log-in details confidential and secure. If you become aware, or suspect for any reason, that the security of your log-in details has been compromised, please let us know at email@example.com as soon as you can.
The Site or any of our Services are not intended for use by users who are not eligible to lawfully enter into contracts including age. By agreeing to these Terms, you are representing to us that you can lawfully enter into contracts. If we discover that any of your account information is inaccurate, incomplete or not current, or if we determine, in our sole discretion, that you are not an appropriate user of the Site, we may terminate all rights to access, receive, use and license the use of the Site and/or the Services immediately upon with or without notice.
THIRD PARTY CONTENT AND ADVERTISEMENTS
We or third parties may provide, links to other websites or resources. You acknowledge and agree that we are not responsible and liable for the availability and accuracy of such external websites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You are solely responsible for your use of any such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
The Site may include paid advertisements. By clicking the advertisements, you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. We are not responsible for the privacy practices of the advertisers, or the content of their websites, information, messages or offers. You are fully accountable for all communications with the advertisers and to all transactions that take place subsequently. Each individual advertiser is solely responsible for the content of its advertising material and we accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
We respect the intellectual property rights of others, and expect the same from you. Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trade-marks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Site and/or the Services (collectively, the “Intellectual Property Rights”) are owned by or licensed to Lastminute-Airfare and belong exclusively to us and our suppliers/licensors. You acknowledge that by using the Site and/or the Services, you will not acquire any right, title or interest in or to Site and/or the Services or any Intellectual Property Rights except for the limited licence to access and use the Site and Services granted to you pursuant to these Terms.
WARRANTIES AND DISCLAIMERS
These Terms set out the full extent of Lastminute-Airfare’s obligations and liabilities in respect of the Site and Services.
Lastminute-airfare has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the Site and/or Services (including, without limitation, any independent travel agents, airlines, hotels, travel operators). In the event that you encounter any problems with any booking you make or attempt to make through the Site, you acknowledge that you should resolve that issue with the relevant travel provider and that your sole remedy in such circumstances, including any refund, lies with the relevant travel provider and not with us. Where the Site or Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You expressly understand and agree that:
YOUR USE OF THE SITE, ANY SERVICES, OFFERS, TOOLS, SOFTWARES, ADVERTISEMENTS OFFERED AND PROVIDED ON THE SITE ARE AT YOUR SOLE RISK. THE SITE, ANY SERVICES, OFFERS, TOOLS, SOFTWARES, ADVERTISEMENTS SOFFERED AND PROVIDED ON THE SITE ARE PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE MAKE NO WARRANTY THAT (i) THE SITE, ANY SERVICES, OFFERS, TOOLS, SOFTWARES, ADVERTISEMENTS OFFERED AND PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, ANY SERVICES, OFFERS, TOOLS, SOFTWARES, ADVERTISEMENTS OFFERED AND PROVIDED ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, ANY SERVICES, OFFERS, TOOLS, SOFTWARES, ADVERTISEMENTS OFFERED AND PROVIDED ON THE SITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL TRANSACTED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SITE, ANY SERVICES, OFFERS, TOOLS, SOFTWARES, ADVERTISEMENTS OFFERED AND PROVIDED ON THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, ANY SERVICES, OFFERS, TOOLS, SOFTWARES, ADVERTISEMENTS OFFERED AND PROVIDED ON THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR IT.
FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY TRAVEL BOOKING TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE AND THIRD PARTIES. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE SAFETY OF ANY TRANSACTION OR THE CORRECTNESS OR ACCURACY OR QUALITY OF SEARCH OR ANY OTHER CONTENT PROVIDED ON THE SITE.
We do not directly offer travel services, nor do we charge for them through the Site, and therefore we encourage you to read the information carefully regarding travel conditions in various along with the level of risk associated with particular bookings and destinations.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND ACKNOWLEDGE THAT IN NO EVENT LASTMINUTE-AIRFARE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS AND LICENSORS SHALL BE LIABLE TO YOU FOR ANY PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAD WARNED OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE OR ANY SERVICES, OFFERS, TOOLS, SOFTWARES, ADVERTISEMENTS OFFERED AND PROVIDED ON THE SITE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE SITE OR ANY SERVICES, OFFERS, TOOLS, SOFTWARES, ADVERTISEMENTS OFFERED AND PROVIDED ON THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE OR ANY SERVICES, OFFERS, TOOLS, SOFTWARES, ADVERTISEMENTS OFFERED AND PROVIDED ON THE SITE.
In all events out total aggregate liability to you for any losses or damages arising out of or in connection with your access of the Site and any Services therein shall be limited to the amount paid, if any, by you to us in connection with the Site and any Services therein during the 12 months prior to the action giving rise to such liability.
You agree to indemnify, defend and hold harmless Lastminute-Airfare, its affiliates and each of our officers, directors, employees and agents from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
We may in our absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your access to your account, and removing any content you have uploaded to the Site and/or Services. Lastminute-Airfare may suspend your use of the Site and/or Services in whole or in part without notice at any time, for example to prevent you from uploading any content, without incurring any liability to you whatsoever.
The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.
These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the Site and/or Services.
We will act promptly to any indications of any user content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please contact us at firstname.lastname@example.org.
Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms.
A person who is not a party to these Terms shall have no right to enforce any provision of these Terms.
We shall have no responsibility or liability to you under these Terms if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers.
If you require further information about Lastminute-Airfare or have any suggestions concerning how to improve the Site and/or Services, please write to us at email@example.com.
Nothing in the Agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and interpreted in accordance with the laws of Estonia without regard to the conflicts of laws and principles thereof. Further, the parties hereby consent to the general jurisdiction of the courts located in Tallinn, Estonia and agree that any action or proceeding concerning these Terms shall be brought exclusively in such courts.
*Disclaimer: We are neither an online travel agency, nor a travel services provider. The Site only acts as a travel fare aggregator and serve as a platform for users and travel providers including travel operators, agents, hotels etc. and enable the users to compare prices and make travel bookings directly with the said travel providers (third parties). We do not provide quotes directly to any of our users and that none of the actual final booking occurs on our Site or platform. Any part of an actual or potential transaction between users of the Site and third party travel providers including any and all cancellations, deals, changes, inaccuracies, dates, quotes, prices, destinations, flights airlines, airline alliances, airports/gates, hotel amenities, locations, addresses, pictures, descriptions, reviews, coordinates and/or any travel information, the ability to provide or make any bookings are solely the responsibility of each user and travel provider respectively.
We do not make any direct endorsements of any kind of product or service and any and all rates shown to you may change subject to your specific dates, season, deductibles, type of service and location, among other factors; at any time and without prior notice. All information on our Site is intended for reference and convenience purposes only. Any reference made by us on the Site to any individual, company or any other entity, or to their services or products, is not a recommendation or endorsement nor should it imply any such endorsement of the quality or fitness of purpose of that company or entity, or its services or products.
Lastminute-airfare disclaims all liability and responsibility for any loss, damage, or inconveniences whatsoever or howsoever suffered, directly or indirectly by any person/user as a result of their use of this Site and of any information and contact details supplied on the Site. Any person proposing to use or rely on any of the information should first satisfy themselves of the completeness and accuracy of those details and any other information displayed with or in relation to them on the Site. Links from this Site to websites not managed by us do not imply endorsement or credibility of the service, information or product offered through the linked sites.