Important Legal Notice
TERMS AND CONDITIONS
ATTENTION: This legal notice applies to the entire contents of our website under the domain name www.my-ae-travel.com and to any associated websites owned or operated by American European Travel, Inc., ("Website") and to any correspondence by e-mail and telephone between us and You. Please read these terms carefully before using this Website. Using this Website indicates that You accept these terms. If You do not accept these terms, we ask that You do not use this Website.
1. Parties to This Agreement and Consideration.
AMERICAN EUROPEAN TRAVEL, INC. offers travel agreements and occurs in terms of traveling solely as agent for the Tour Operator European Travel Union AG, Switzerland.The parties to this Agreement (the "Agreement") are Customer, (hereinafter “You” or “Your” or the "User"), and EUROPEAN TRAVEL UNION AG (hereinafter the "CORPORATION," “we,” or “us”).
1.1 By accessing the Materials at Websites and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the CORPORATION, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.
1.2 Subject to Your acceptance of the terms and conditions set forth in this Agreement, The CORPORATION agrees to grant You a limited personal non-transferable right to access the contents of www.my-ae-travel.com and affiliated sites operated by the CORPORATION.
1.3 This Agreement is subject to change by the CORPORATION at any time and changesshall become effective upon notice to USERS by posting at or via hyperlink to the Websites. You
may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
implicit acceptance by You of all the Terms and Conditions set forth herein as well as an explicit acknowledgement by You of the fact that You are an adult and at least 18 years if age or of the age of majority under the laws of Your state, province or country.
2. Completion of Travel Agreement between You and CORPORATION.
2.1 Upon written, verbal, telephonic or electronic registration, the Applicant offers the TourOperator the closure of a travel agreement, binding for fourteen (14) days and based on the
advertised claims defining the travel service offered. The travel agreement is completed upon receipt by the Applicant of the written confirmation of order and/or the Tour Operator’s invoice by any method, including but not limited to, receipt by electronic format.
2.2 If the content of the travel confirmation differs from the content of the application, then this constitutes a new offer by the Tour Operator and the travel agreement is completed when
You expressly or conclusively declares acceptance of this contract, for example by submitting payment of the tour cost or by embarking on the tour.
3. Tour Price.
3.1 A deposit of 30% of the tour price becomes due once. The remainder is due no later than hundreds (100) days prior to the start of the tour. Please note that a $75.00 late fee will automatically be applied to accounts for which payment is not received by the Final Payment Due Date. In addition, a $30.00 fee will be added for any check returned to us by Your bank and/or for any requested transactions. In the unlikely event that an invoice is not received, payment is still due as stated above. CORPORATION will mail final travel documents and airline tickets only after Your account has been paid in full 3-5 days prior to departure as email attachments and Your completed confirmation statement has been received. If Your mailing address changes or You want Your final documents sent to another address, You must notify CORPORATION prior to the Final Payment Date. All payments are due in U.S. dollars.
3.2 If the agreed deposit amount or the subsequent remainder is not paid in full, even after reminders have been issued and deadlines set, CORPORATION is authorized to cancel the
contract and demand payment of compensation to an amount specified under the Cancellation Charges in Section 8. At the time of pricing and/or booking, airline fuel surcharges are includable in the tour price(s). Airline fuel surcharges are based on the exchange rate, airfare price, fuel prices/surcharges, and land costs at the time of catalog pricing (September, 2011) and are therefore subject to change without notice. Other fees associated with air travel, including but not limited to the September 11th Security Fee, are not includable in the tour price. At the time of pricing and/or booking, these items and fees will be separately listed on Your invoice. All prices are in the U.S. dollars.
4. Travel Insurance.
The purchase of travel insurance is at Your sole option and is accommodated through a
third party insurance carrier. Travel insurance is based on the price of Your tour, and is therefore
collected at the time of booking. If You purchase travel insurance in conjunction with Your tour,
and You thereafter cancel for an acceptable reason covered by the policy guidelines, cancellation
fees will be reimbursed directly from the third party insurance carrier.
5. Optional Excursions and Packages.
Optional excursions may be purchased up to twenty (20) days prior to departure or while
on tour. Some select optional excursions require advance booking. Pre-purchased optional
excursions cannot be cancelled within twenty (20) days prior to departure or while on tour.
CORPORATION accepts payment by cash, Visa or MasterCard for optional excursions
purchased on tour. Excursions require a minimum number of participants to operate; details and
prices are subject to change. Due to seasonal hours of operation and availability, some excursions
may not operate. If this occurs, You will be refunded any payments made for that excursion posttour.
6. Health and Capabilities.
The paces of CORPORATION tours vary, but in general require that participants be in
good physical and mental health. While CORPORATION encourages participation of disabled
passengers on our tours, some itineraries and sites are not accessible by wheelchair or motorized
scooter. When reserving Your tour, please inform Your tour consultant of any physical
disabilities and limitations so he can help You determine the appropriateness of the itinerary You
select. If such limitations cause You to require additional assistance, COPRPRATION asks that
You plan to travel with a companion who can provide assistance.
7. Change of Service or Price, Rebooking, and Special Arrangements.
7.1 Requests by You to make changes to the tour, after the Agreement is completed, and
up to hundreds (100) days before travelling, will be considered where possible. Any changes
(including but not limited to dates, departure airports and airlines) may be subject to a service charge of
$75.00 plus any costs the CORPORATION may incur from its suppliers. In the case of
rebooking, CORPORATION is authorized in every case to levy a processing charge of $75.00 per
person. Changes made within hundreds (100) days of the start of travel are regarded as a cancellation
with subsequent reapplication. Once the tour has departed, changes affecting return date or
departure airports will not be permitted.
7.2 Deviations from published tour itineraries (such as, but not limited to, dates and
departure airports) may include additional costs from our suppliers. Unfortunately, CORPORATION
cannot provide transportation to and from the airport and hotel when You are not travelling with
the group, so You will be responsible for making Your own arrangements. CORPORATION can
arrange pre- or post-tour hotel accommodations, when available. While fulfilment cannot be
guaranteed, CORPORATION will make every effort to accommodate special travel requests.
Please note: Due to the nature of CORPORATION’s hotel contracts, pre- or post-stay
arrangements may be in a different hotel from that of the main tour. CORPORATION must be
notified of all special arrangement requests prior to the Final Payment Date for consideration.
7.3 If a flight or journey has to be made to or from an airport or location other than the
confirmed airport or location, at the instigation of CORPORATION, then CORPORATION will
accept the responsibility for the bus transfer or the costs of replacement transport at least to the
level of 2nd Class rail travel to the original location or airport. The Tour Operator is authorized to
make modifications to individual travel services, insofar as these are necessary after conclusion of
contract, are not introduced by the Tour Operator in breach of good faith and the modifications
and deviations do not make a material difference to the tour or impair the overall arrangements.
In particular, this concerns reasonable changes to flight services.
7.4 CORPORATION reserves the right to change the prices offered and confirmed with the
booking in the event of an increase in the costs of transport or the costs for certain services, such
as harbor or airport charges, or a change to the currency exchange rate for the tour in question, as
follows: If the transport costs, in particular the fuel costs, applicable at the time of conclusion of
contract should rise, then the tour price can be increased according to the following calculation: a)
In the case of an increase related to the seat price, You can be asked to pay the increased amount;
b) In other cases, the additional transport costs demanded by the transport company for the means
of transport are divided by the number of seats of the agreed means of transport. The resulting
supplement for the individual seat price can then be demanded from You. If the charges such as
harbor or airport charges, applicable on conclusion of the contract are subsequently raised for us,
CORPORATION can add a corresponding supplement to the price of travel. In the event of a
change in the exchange rate after conclusion of the travel agreement, the tour price can be raised
by the same amount by which the tour has become more expensive for CORPORATION. An
increase is only permissible, if there are four months between conclusion of contract and start of
travel and the circumstances leading to the increase had not yet started and were unforeseeable.
CORPORATION will inform You immediately in such cases.
7.5 Price increases later than twenty (20) days before departure are invalid. In the case of
price increases in excess of 5%, You can withdraw from the contract without charge or rebook if
an equivalent tour can be offered.
7.6 Up to hundreds (100) days before travelling, You can have your place taken by another
suitable person, provided that CORPORATION is informed. The processing charge is $70.00 per
person. For changes that are made after the travel documentation has been prepared,
CORPORATION has the right to charge for the additional costs of at least $70.00 per person. In
all cases of rebooking and of changes to services and prices it is left up to You to prove that any
costs were not incurred or were considerably lower.
8.1 You can cancel the travel agreement at any stage before the start of travel, quoting the
transaction number. CORPORATION requires this in writing. If You cancel the travel agreement
or do not embark on the tour, the Tour Operator can demand compensation for the travel
arrangements and work already undertaken. There are fees for this compensation:
Days Prior to Departure Cancellation Fee
120 days or more 30%*
119-105 days 40%*
104-101 days 50%*
100-0 days 100%*
* Percentages listed above are of the total tour cost including fees, taxes.
8.2 If You are booked in a double/twin room and Your roommate cancels, You will be
responsible for paying the single supplement fee at the time Your roommate cancels. Upon
notifying CORPORATION of Your cancellation, You will be given a confirmation number that
verifies Your cancellation. All Travel Protection packages are non-refundable. In the event You
have to cancel Your tour on the day of departure, You must notify CORPORATION prior to the
departure of Your first flight. Any penalties for supplemental services/guarantees (included but
not limited to flights, hotels or late additions) resulting from cancellations made at Your request
will be Your responsibility, and all service fees are non-refundable. Substitution of traveller(s) is
only permitted up to hundreds (100) days prior to departure. If You do not show up for Your trip, if You cancel Your trip after the departure date or if You leave before the scheduled completion of a trip, You will not be eligible for any
refund from CORPORATION for any unused portion of Your trip or reimbursement for any
additional costs incurred by leaving Your trip early.
9. Legal Responsibilities.
American European Travel, Inc., its affiliates, and their employees, officers, directors
and shareholders (herein, collectively, “CORPORATION”) does not own or operate any entity
which is to or does provide goods or services for Your trip, including, for example, lodging
facilities, airline, vessel, bus, taxi or other transportation companies, local ground or tour
operators, visa processing services, providers or organizers of optional excursions, food service or
entertainment providers, etc. All such persons and entities are independent contractors. As a
result, CORPORATION is not liable for any negligent or willful act or failure to act of any such
person or entity, or of any third party.
9.2 Without limitation, CORPORATION is not responsible for any injury, loss or damage to
person or property, death, delay or inconvenience in connection with the provision of any goods
or services occasioned by or resulting from but not limited to acts of God, force majeure, acts of
war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal, terrorist or
threatened terrorist activities of any kind, overbooking or downgrading of accommodations,
structural or other defective conditions in lodging facilities (or in any heating, plumbing,
electrical or structural problem therein), mechanical or other failure of airplanes or other means of
transportation or for any failure of any transportation mechanism to arrive or depart timely,
dangers associated with animals, sanitation problems, food poisoning, epidemics or the threat
thereof, disease, lack of access to or quality of medical care, difficulty in evacuation in case of a
medical or other emergency, or for any other cause beyond the direct control of
CORPORATION. Participant assumes all such risk.
9.3 CORPORATION reserves the right to change or cancel the tour, the tour itinerary or any
aspect of a tour at any time. From time to time, CORPORATION may photograph or video tour
and tour-related activities. You consent to the use of Your likeness in CORPORATION
publications, without compensation. CORPORATION makes every effort to ensure the accuracy
of its publications, but it cannot be held responsible for typographical or printing errors, including
but not limited to prices. CORPORATION reserves the right to decline to accept or retain any
traveler on the tour if that person’s presence is likely to be detrimental to the enjoyment of the
tour by others or for failure to abide by CORPORATION’s regulations and/or the directions of
the Tour Director. Travelers who have been removed from their tour waive the right to a refund
of any part of the fee. CORPORATION may send the traveler home at the traveler’s own
expense. CORPORATION tours are not for resale, and travelers must enroll directly with
CORPORATION. No warranties, representations or waiver of these Terms & Conditions apply to
any tour unless expressly stated within these Terms & Conditions.
10.1 Redress. If the tour is not conducted in accordance with the contract, You may seek
redress. CORPORATION can refuse redress if it necessitates disproportionate expense.
CORPORATION can also provide redress by providing equivalent services (e.g. alternative
accommodation of the same category).
10.2 For the duration of a failure to provide individual services according to the contract or of
the whole tour, You can claim a corresponding reduction of the tour price (loss). The tour price is
to be reduced by a ratio equivalent to the difference between the value of a problem-free tour at
the time the contract is closed and the actual value of the tour. The claim for loss does not apply if
You culpably neglects to point out the defects to the local tour management.
10.3 Cancellation of contract. If a tour is considerably impaired as the result of a problem
and CORPORATION does not offer any redress within a reasonable time, You can cancel the
contract within the scope of the legal terms of the travel agreement. The same shall apply if You
cannot be expected to complete the travel as a result of deficiencies for serious reasons
recognizable to CORPORATION. The determination of a deadline for the redress is only
necessary if redress is impossible or is refused by CORPORATION or if the immediate
cancellation of the contract is justifiable due to a particular interests of You. You are liable to
CORPORATION for the part of the tour price representing the services used, provided that these
services were of interest to them.
10.4 Compensation. You can, without prejudice to the diminution or the cancellation, demand
compensation due to failure to fulfill obligations, unless the problem with the tour is due to a
circumstance beyond the control of CORPORATION.
11. Obligation to Cooperate.
11.1 You are obliged to cooperate, if the performance of an obligation is impaired in the
context of the legal requirements, to avoid and/or minimize any possible damages. In particular,
You are obliged to report any complaints immediately to the local tour management. The latter is
instructed to provide a remedy wherever possible. The local tour management is not authorized to
accept any claims and demands. If You culpably neglect to point out a defect to the local tour
management, a claim for loss does not occur. In the case of flights, You are highly advised to
arrive at the airport check-in desk at least two (2) hours before the scheduled departure time. If
You arrive late at the airport check-in, You must accept the possible additional costs of rebooking
if the check-in is already closed. In this case, the Tour Operator is no longer required to transport You.
11.2 Travel documentation. If You have not received the travel documentation (flight tickets,
vouchers etc.) at least seven (7) days prior to departure, You must contact CORPORATION
11.3 The times of travel advised initially with the order confirmation/invoice relate to
expected times. The precise times of travel will be announced when the travel documentation is
issued (tickets, hotel vouchers, etc.). If You book a connecting transport, You must consider that
these connections are just as likely to be subject to delays for various reasons as the tour travel
itself. You should therefore allow sufficient intervals for possible delays in transportation.
11.4 In the case of flights, You must contact the local tour management between twenty-four
(24) and forty-eight (48) hours before the scheduled return flight to confirm the exact flight times.
12. Exclusion of claims and limitation of actions.
12.1 The hotels listed in this brochure will be used on most departures. If a change becomes
necessary for any reason, hotels substituted will be comparable to those shown. In order to
provide You with the lowest possible prices, CORPORATION negotiates special rates with air
carriers. Due to the nature of CORPORATIONS’a contracts, air arrangements may be subject to
change and to certain constraints, including but not limited to the availability of certain routings,
travel times and direct or non-stop flights. Additionally, CORPORATION cannot guarantee that
You will be on the same flight itinerary as others in a group/family if some of You are deviating
from the tour itinerary. CORPORATION can sometimes offer customized flight itineraries and
routings based on availability, plus any additional costs incurred from our airline partners. Please
note: Flight itineraries are subject to change up to departure due to schedule, equipment or routing
changes by airlines, and CORPORATION cannot be held responsible for these changes or
additional costs associated with them. Each airline has its own policy on baggage allowances. If
You exceed baggage allowances, You are responsible for any additional fees.
12.2 CORPORATION cannot be held responsible for any flight delays or cancellations caused
by reasons including but not limited to weather, mechanical issues or strike. In the event of a
flight delay, You must work directly with the airline to be rebooked. Once Your new flight is
confirmed, You must then notify CORPORATION with Your new arrival time. Flight delays or
cancellations causing missed tour components (including but not limited to meals, excursions or
sightseeing tours) or portions of tour will not be refunded by CORPORATION nor will You be
able to change Your return date.
12.3 You must file claims for compensation for failure to comply with tour-related contractual
obligations with CORPORATION within one month of the contractual tour completion date. The
participant may file such claims after this deadline, if he/she was unable to observe the deadline
due to circumstances beyond his/her control. Contractual claims by You for redress, loss,
cancellation and compensation are statute-barred after one year. The period of limitation
commences on the day on which the tour was scheduled to end as per the travel agreement. If
negotiations are in progress between You and CORPORATION as to the claim or the
circumstances substantiating the claim, the limitation of actions is suspended until You or
CORPORATION refuses to continue the negotiations. The limitation of actions expires no earlier
than 3 months after the end of the suspension.
13. Passport, Visa and Health Regulations.
13.1 You are responsible for obtaining any travel documents and verifying entry requirements
necessary for each country of travel on Your selected tour itinerary, as CORPORATION is not
responsible for providing this information or documentation. U.S. citizens are required to have a
passport for all trips outside of the USA, which must be valid for at least six (6) months beyond
the completion date of the tour. Entry laws differ with respect to travelers’ citizenship. You are
responsible for any expenses incurred as a result of delays or itinerary changes related to Your
lack of appropriate travel documents and are therefore ineligible for any refund from
CORPORATION. CORPORATION recommends that You apply for any necessary visas with a
visa service. For more information on countries requiring visas, please refer to the U.S.
Department of State website: www.state.gov/r/pa/ei/bgn/3432.htm
13.2 CORPORATION is required to inform Customers of the regulations governing passports,
visas and health at the time of closing the contract. This does not apply to nationals of other
countries than that in which this tour is offered. CORPORATION is not liable for timely issue by
and receipt from the respective diplomatic representative of any visas that may be required, if
You have authorized the Tour Operator to undertake this task, unless CORPORATION is to
blame for the delay. The participant is responsible for compliance with all provisions relevant for
execution of the tour. You shall be liable for any disadvantages, in particular the payment of
cancellation costs, arising out of non-compliance with such provisions, unless they are due to
incorrect or deficient information culpably furnished by CORPORATION.
14. Central Bus Stops.
For each bus journey, the anticipated stops will be announced. A minimum number of
passengers will be specified for the bus to make each stop. If this minimum number is not
reached, CORPORATION reserves the right to cancel this stopping point up to ten (10)
days before departure and to notify You of an alternative stopping point. If the substitute stop is
no further from the home location of You than the original stop, or no more than thirty (30)
kilometers further away, this is considered an insignificant change to the travel arrangements. If
the stop is further away, CORPORATION can offer a reasonable alternative option for travel at
an additional charge. In all other cases, You may cancel the travel arrangements and receive a full
refund of monies already paid.
15. CORPORATION reserves the right:
15.1. to cancel the travel agreement, if You continually disrupt the tour despite being warned. The cost of travel will be retained, with an allowance for any costs saved; any additional costs for return transport will be borne by You.
15.2. The tours are priced at a minimum participation of 20 persons. The CORPORATION reserves the right to reschedule any tour that has an insufficient number of travelers. If an insufficient number of travelers registers for Your tour CORPORATION will offer another tour and departure dates with a sufficient number of travelers.
15.3. You will be responsible for all costs associated with independent travel arrangements. CORPORATION reserves the right to cancel a tour extension for low enrollment. If CORPORATION is forced to cancel a tour extension and a traveler subsequently chooses to cancel from the tour, standard cancellation fees will apply.
15.4. If improvements can be made to tour itineraries or unforeseen circumstances necessitate changes, CORPORATION reserves the right to amend, adjust or alter itineraries. CORPORATION cannot control program changes on Land & Sea tours and/or railway tours, as cruise lines and railway companies reserve the right to make changes. CORPORATION will make every effort to notify You as early as possible of such changes. Due to local or national holidays, seasonal hours of operation or availability, special events and/or peak harvest seasons, access to certain facilities and attractions including but not limited to vineyards, museums, historical sites or stores may be limited. On such occasions, and whenever possible, itinerary adjustments will be made by CORPORATION to minimize travelers’ inconvenience.
16. Miscellaneous Provisions.
16.1 The legal invalidity of individual provisions of this travel agreement shall in no way
affect the validity of the overall agreement.
16.2 CORPORATION is entitled to challenge the agreement in the event of obvious printing
or mathematical errors.
16.3 More detailed descriptions of services in third-party media such as catalogs, hotel
brochures, websites etc. do not change the contractually agreed scope of services, even if they are
made accessible via CORPORATION. Apart from the tour advertising, the order
confirmation/invoice is the definitive description of the contractually assured scope of services.
16.4 These terms apply insofar as no special provisions have been made in individual travel
16.5 The use of individual services from the packaged offer (e.g. flight only, hotel only etc.) is
not permitted, unless the individual services have been specifically priced. In the event that a tour
or hotel stay in the package offer is not used, the costs of the flight used will be paid by You at
the additional flat rate of $ 500.00 per person.
17. User's Code of Conduct.
17.1 You agree, warrant and covenant to use the Websites in accordance with the following
Code of Conduct and You agree and acknowledge that in our sole discretion we may, but are
under no obligation to reject or delete any Materials posted or uploaded by You which violates
any of the following provisions, and/or to terminate Your right to use or access the Websites for
violating these provisions:
17.2 You will not use the Websites to engage in any form of illegal or criminal conduct,
harassment or offensive behavior, including but not limited to the posting or uploading of
communications or any graphic, video or audio content to the Websites which contain libelous,
slanderous, abusive or defamatory statements, or racist, obscene or offensive language or that
could be construed as engaging in illegal or criminal activity.
17.3 You will not use the Websites to infringe the privacy rights, property rights, or other civil
rights of any person;
17.4 You will not post messages or use the Websites in any way which (i) violates, plagiarizes
or infringes upon the rights of any third party, including but not limited to any patent, copyright
or trademark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise
unlawful or violates any law.
18. Grant of Limited License with Reservations.
18.1 You acknowledge and agree that all Materials contained at the Websites are proprietary
and constitute valuable copyright, trademark and other intellectual property owned by the
CORPORATION or others who have licensed or authorized use of such Materials to the
CORPORATION. You acknowledge and agree that as such You may only access, view,
download, receive and otherwise use the Materials available at the Websites only as authorized
by the CORPORATION.
18.2 You acknowledge that You understand that the CORPORATION does not authorize
access to any part of the Websites in any manner contrary to the express provisions of this
18.3 You further represent and warrant to the CORPORATION that Your agreement to these
terms and conditions constitutes an agreement that You shall not access, or attempt to access, any
Materials available at the Websites in a manner not expressly authorized by the
CORPORATION. You agree and warrant that You shall at no time access, view, download,
receive or otherwise use, or cause or enable others to access, view, download, receive or
otherwise use Materials, directly or indirectly in places which the CORPORATION does not
authorize such access, viewing, downloading, receipt or other use.
18.4 You hereby acknowledge and agree that CORPORATION does not authorize access to
any parts of the Websites in any manner without Your express consent to this Agreement. You
further acknowledge and agree that You may not "bookmark" photographs or other Materials
inside the Websites or directly access files designated as part of the Websites except through
appropriate authorization pages as specified by the CORPORATION and You further agree that
You shall not attempt to do so.
18.5 You further acknowledge that You understand and agree that any and all unauthorized
access, viewing, downloading, receipt, duplication or other use of Materials from the Websites in
violation of the terms and conditions set forth herein, in which You are directly or indirectly
involved, including, but not limited to accessing, viewing, downloading, receiving or other
unauthorized use of Materials in any manner, shall constitute intentional infringement(s) of the
rights of the CORPORATION, including and not limited to the intellectual property rights of the
CORPORATION and third parties, in such Materials and shall further constitute a violation of
such rights. By accessing the www.my-ae-travel.com and affiliated Websites (hereafter
"Websites"), You are agreeing to these Terms and Conditions of Use.
19. Indemnification For Unauthorized Use Of Proprietary Materials.
You agree to be personally liable and fully indemnify the CORPORATION and its
successors and assigns for any and all damages directly, indirectly and/or consequentially
resulting from any attempted or actual unauthorized downloading or other duplication of
Materials from the Websites by You or any other person(s), including, without limitation, any
governmental agency(ies), wherein such damages include, without limitation, all direct and
consequential damages directly or indirectly resulting from Your unauthorized access and/or
downloading of Materials from the Websites including, but not limited to, damages resulting
from loss of revenue, loss of property, fines, attorney's fees and costs, including, without
limitation, damages resulting from prosecution and/or governmentally imposed seizure(s),
forfeiture(s), and/or injunction(s).
20. Limited Grant of License.
Subject to all the terms and conditions set forth herein, the CORPORATION hereby
grants You a limited, non-exclusive and non-transferable license to use view photos, text,
hyperlinks, interlinks, search engines, and other software ("Materials") associated with authorized
use of the Websites which CORPORATION provides during the period in which You are a
current User in good standing. You may use the Materials only in accordance with these terms
and conditions of Use. You may not remove any proprietary notices from Materials at any time.
You may make no use of Materials not expressly authorized herein or by prior express written
authorization from the CORPORATION. Prohibited uses, include, without limitation: (1)
permitting other individuals to directly or indirectly use the Materials; (2) modifying, translating,
reverse engineering, decompiling, disassembling the Materials (except to the extent applicable
laws specifically prohibit such restriction); (3) making copies or creating derivative works based
on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the
Materials; (5) removing any proprietary notices, including copyright and trademark notices, or
labels on the Materials; and (6) making any other use of the Materials not specifically authorized
by the CORPORATION. This license does not grant You any rights to any software
enhancements or updates of any kind. For the purpose of this paragraph, a "User in good
standing" is a User who has not violated any of the Terms and Conditions of Use of this website.
21. CORPORATION's Proprietary Rights to Content.
Except for public domain material or material otherwise licensed to or authorized for use
by CORPORATION for electronic dissemination, all Materials displayed at or otherwise
available through the Websites are proprietary, and, may not be copied, redistributed, or
downloaded, in whole or in part, without the prior written authorization of CORPORATION. All
editions of the Websites, and all Materials and other matter used directly or indirectly in, at, by,
through and/or with the Websites are protected by the copyright laws of the United States,
international copyright treaties and other laws and regulations. All rights are reserved. All
intellectual property and other rights in and to the Materials and other matter at the Websites shall
at all times remain in CORPORATION, its parent(s), subsidiary(ies), licensee(s) and assign(s).
All intellectual property and other rights in and to any intellectual property content accessed
through the Materials is the property of the applicable content owner, which may be the
CORPORATION, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and
may be protected by applicable copyright and/or other laws. The limited and non-exclusive
license granted to You herein grants to You no rights to use such content except as set forth
herein. This license will immediately terminate automatically if You fail to comply with the
limitations described herein, breach any other provision of this Agreement, cease, for any reason,
to be a User in good standing, or are notified of its termination by the CORPORATION or its
authorized agent(s). You agree that upon such termination, You will immediately destroy all
copies of the Materials in Your possession. For the purpose of this paragraph, a "User in good
standing" is a User who has not violated any of the Terms and Conditions of Use of this website.
22. Limitations on CORPORATION's Liability.
22.1 You acknowledge and agree that CORPORATION shall not be held responsible in any
way for the outcome of any contact or meeting, whether in person, by telephone or any other
means, resulting from advertisements placed or responded to, or messages or communications
sent or received by Users or Advertisers through the Websites, or through any use, directly or
indirectly, of the Websites. You further acknowledge and agree that the Websites does not screen
any Users or Advertisers of the Websites, has no control over their actions and makes no
representations or warranties with respect to the character, veracity, age, health or any other
attribute of Users of the Websites, including any person who places Advertisements in the
Websites; You further acknowledge and agree that the Websites does not endorse, encourage,
recommend or arrange communications or meetings among Users of the Websites, or any other
persons, and You are expected to use common sense and take appropriate measures and
precautions to insure Your own personal safety and privacy in the event that You choose to
communicate with, or meet with any person with whom You have communicated through the use
of the public areas or chat areas of the Websites, or through advertisements posted on the
22.2 You agree that Materials and all other services provided to You by CORPORATION
are provided on an "AS IS" basis, without warranties of any kind, including without limitation the
warranties of merchantability, fitness for a particular purpose and non-infringement. The entire
risk as to the quality and performance of the Materials and all services provided by
CORPORATION is borne by You. Should the Materials or any other service provided by
CORPORATION prove defective and/or cause any damage to Your computer or inconvenience
to You, You, and not CORPORATION, assume the entire cost and all damages which may result
from any and all such defects. Under no circumstances and under no cause of action or legal
theory, shall CORPORATION, its suppliers, licensees, resellers, third parties or other Users or
their suppliers, licensees, resellers or Users be liable to You or any other person for any indirect,
special, incidental, or consequential damages of any character including, without limitation,
damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other
commercial damages resulting from any viruses, worms, trojan horses or other destructive
software or Materials, or communications by You or other Users of the Websites, or from any use
of Materials or from any use of the Websites whatsoever. This disclaimer of warranty constitutes
an essential part of the Agreement, as applicable.
22.3 Any liability of CORPORATION, including without limitation any failure of performance,
error, omission, interruption, deletion, defect, delay in operation or transmission, communications
line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether
for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be
strictly limited to the amount of fee, a applicable, paid by or on behalf of the User to
22.4 CORPORATION is not liable for damages resulting from disseminating, failing to
disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or
other communication at or through the Websites.
22.5 No warranty is made by CORPORATION regarding any information, services, Materials
or products provided through or in connection with the Websites, and CORPORATION hereby
expressly disclaims any and all warranties, including without limitation: 1) any warranties as to
the availability, accuracy, or content of Materials, information, products, or services; 2) any
warranties of merchantability or fitness for a particular purpose.
22.6 You acknowledge that use of the Websites is at Your own risk. We do not represent or
endorse the accuracy of reliability of any advice, opinion, statement or other information
displayed, uploaded or distributed through the Websites or by a User of the Websites or any other
person or entity. By accessing www.my-ae-travel.com and affiliated Websites (hereafter
"Websites"), You are agreeing to these Terms and Conditions of Use.
22.7 The contractual liability of CORPORATION for damages other than bodily injury is
limited to three times to cost of the tour provided such damages to You are caused neither
deliberately nor due to gross negligence, or provided CORPORATION is responsible for
damages incurred by You due solely to the fault of a service provider.
22.8 For all claims based on tort for compensation issued against CORPORATION that are
not due deliberate or grossly negligent actions, the Tour Operator shall be liable in the case of
material damage for a sum up to three times the tour price. The maximum sums for liability apply
per Customer and per Tour.
22.9 CORPORATION shall not be liable for deficiencies in connection with services that are
supplied solely as third party services and which are expressly identified as such in the travel
advertising. This does not apply if CORPORATION violates its obligations to select and monitor
the third party service providers. In this case, CORPORATION shall cede its claims against the
third party service provider to You.
22.10 A claim for damages against the CORPORATION is restricted or excluded if, on account
of international agreements or on account of legal regulations based on these, a claim for damages
against the service provider can only be applied under certain conditions or restrictions or if it is
excluded entirely under certain conditions.
22.11 If CORPORATION should act as a contractual air carrier, liability is governed by the
provisions of the Air Transport Act in conjunction with the International Conventions of Warsaw,
The Hague, Guadalajara, and the Montreal Convention. These conventions generally limit the air
carrier's liability for death or personal injury as well as loss of and damage to baggage. If
CORPORATION is the service provider in other cases, CORPORATION shall be liable in
accordance with the applicable regulations.
22.12 If CORPORATION assumes the position of a contractual ship-owner for sea voyages, the
liability shall also be regulated according to the terms of the Commercial Code and Code on
Inland Waterway Transport.
23. Disclaimer Regarding Third Party Content/Limitation of Liability.
23.1 You acknowledge that You understand that we are not responsible for, nor can we
control, the use by others of any information which You provide to them through the Websites, or
otherwise, and that You have been advised that You should use caution in selecting the personal
information You provide to others through the Websites;
23.2 You acknowledge that You understand that we cannot ensure nor do we make any
representations or warranties regarding the security or privacy of information that You voluntarily
provide through the Internet and Your email messages, and that You release us from any and all
liability in connection with the use or misuse of such information by other parties;
23.3 You further acknowledge that You understand that we do not control the content of any
information, messages, communication or other Materials posted or uploaded by Users of the
Websites, including without limitation all Advertisers, and that consequently You release us from
any and all liability and responsibility in connection with the content of any information,
messages, communication or other Materials You may receive from other Users of the Websites.
23.4 You further acknowledge that You understand that we do not guarantee the accuracy or
truthfulness of any messages, communication, information or content of any kind which has been
posted, uploaded or provided by other Users of the Websites, including without limitation all
Advertisers, and that consequently You release us from any and all liability and responsibility in
connection verifying, the accuracy of any such messages, communication, information or content
of any kind provided by other Users of the Websites.
23.5 You further acknowledge that You understand that we do not screen, endorse, monitor,
control, investigate, supervise or verify any advertisements or communications submitted to the
Websites by third-party licensees, advertisers, or Users for electronic dissemination through the
Websites. All Users of the Websites are therefore cautioned and advised to use their own
judgment to evaluate all advertisements and other communications available at or through the use
of the Websites prior to purchasing goods and/or services described at the Websites or otherwise
responding to any communication at the Websites.
23.6 Some of the content of the Websites might be accessed by You via hyperlinks which will
connect You to third-parties, or to third-party Websites that may provide content to the Websites.
We have no editorial control or supervision over selection or display of the content provided by
those third parties or those third-party Websites and those parties are solely responsible and liable
for that content.
24. Inappropriate Use of Chat or Public Areas Use of Proprietary Materials.
24.1 If the Websites enables Users to share information with other Users through the use of
Chat rooms, Public Areas or other means of communication among Users, You agree and warrant
that You shall not submit, publish, or display on the Websites any material which is illegal,
infringing, defamatory, libelous or otherwise unlawful, or any material deemed obscene, lewd,
excessively violent, harassing or otherwise objectionable. You further agree to indemnify the
CORPORATION and its representatives for any claims or suits arising from Your use of this
Websites in violation of this agreement and warranty.
24.2 Although we do not assume the duty or obligation to monitor any messages or other
Materials posted or uploaded to the Websites by You or third parties, we reserve the right but not
the obligation, in our sole and absolute discretion, to monitor any and all Materials posted or
uploaded to the Websites by You or third parties at any time without prior notice to ensure that
they conform to any content guidelines or policies of the Websites which may be applicable from
time to time.
24.3 Although we do not assume the duty or obligation to monitor any messages,
advertisements or other Materials posted or uploaded to the Websites by You or third parties
are not responsible for any content of these Materials, we reserve the right, in our sole and
absolute discretion, but are not obligated, to delete, move, or edit messages or Materials,
including without limitation advertisements and public postings, without notice, that we, in our
sole discretion, deem to violate the Code of Conduct of the Websites or any applicable content
guidelines adopted from time to time by the Websites, or to be otherwise unacceptable.
24.4 You acknowledge and agree that You shall remain solely responsible for the content of
messages and other Materials You may upload to the Websites or Users of the Websites and that
we may, in our sole discretion, terminate or suspend Your access to all or part of the Websites at
any time, with or without notice, for any reason, including, without limitation, breach of this
Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or
otherwise illegal activity may be grounds for termination of Your access to all or part of the
Websites at our sole discretion, and You may be referred to appropriate law enforcement
24.5 You acknowledge and agree that You are solely responsible for any information You
send, display, or receive through the Websites even if a claim should arise after termination of
25. Communications in Chat Room or Public Areas Not Private.
You further acknowledge and agree that all messages or content posted by You or others
in any Chat rooms or public areas which may be provided on the Websites shall be deemed to be
readily accessible to the general public and consequently should not be considered private or
confidential. Consequently, You should not use the Websites for any communication which You
intend only You and the intended recipient(s) to read. Notice is hereby given that all messages
entered into this Websites can and may be read by the operators of the Site, whether or not they
are the intended recipient(s).
26. Trademark and Service Mark.
www.my-ae-travel.com is the service mark of the CORPORATION and is licensed
exclusively to the CORPORATION. No use of these marks shall be permitted except through the
prior written authorization and permission of CORPORATION. All rights reserved.
27. Private Use of Materials.
All Materials included at the Websites are for the private use by authorized Users only.
No other uses are intended by the CORPORATION and any other use is strictly prohibited by the
CORPORATION and will constitute a violation of its limited license and authorization of use.
28. Disclosure and Other Communication.
We reserve the right to send electronic mail to You, for the purpose of informing You of
changes or additions to the Websites, or of any of our related products and services. We reserve
the right to disclose information about Your usage of the Websites and demographics in forms
that do not reveal Your personal information. We do not collect, sell, trade, or give away any
personal information in any way. Our site may set cookies on Your computer to facilitate Your
navigation while on our site. These cookies are never used for any other purpose. Our sites may
contain links to other sites. We are not responsible for the privacy practices, content or lawfulness
of the linking sites.
29. Your Consent to Receive Email Communications From CORPORATION.
You hereby grant us the right, from time to time, at our discretion to send You
commercial, advertising or informational emails at Your email address. You acknowledge that we
may rely upon Your access to the Website and thus expressly consenting to these Terms and
Conditions as Your permission to the CORPORATION to send You such emails. Furthermore,
You grant us the right to continue to send You such emails until You specifically notify us in
writing that You wish us to stop sending You said emails.
30. Liability of Users for Posted Information.
30.1 The CORPORATION may in its discretion provide a service that enables authorized
Users to communicate with or otherwise share information with other Users or persons who offer
to provide any kind of service to Users, or to post information at, in or on the Websites. If the
CORPORATION provides such service and if You make use of the service, You agree that You
will not post, submit, publish, display, disseminate, or otherwise communicate any illegal,
defamatory, inaccurate, abusive, threatening, offensive, fraudulent or otherwise unlawful material
or any material which would violate or infringe the copyright, trademark, rights of publicity,
privacy rights or other rights of any person or entity. You acknowledge that transmission of such
material or any material that violates any federal, state, or local law in the United States, is strictly
prohibited by the CORPORATION and You further agree that any transmission of such material
by You shall constitute a material breach of these Terms and Conditions granting the
CORPORATION, without notice and without any liability for damages or reimbursement to You,
the right to immediately terminate Your license to access the Websites.
30.2 You acknowledge and agree that You, and not the CORPORATION, shall be solely
responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of
all information which You submit, publish, display, disseminate or otherwise communicate
through the Websites even if a claim for damages or liability should arise after termination of
30.3 If the CORPORATION provides any such service described herein, You agree that all
messages and other communications by You shall be deemed to be readily accessible to all other
Users who are authorized to access the Websites and agree that all such messages and other
communications shall not be deemed to be private or secure. Regardless of whether the
CORPORATION provides any type of service described herein, You agree that You are informed
and provided notice that any and all messages and other communications which You submit to
CORPORATION directly or through the Websites can be read by the operators and/or other
agents of CORPORATION, whether or not they are the intended recipient(s).
31. Notices to CORPORATION or Users.
31.1 Notices from the Websites to authorized Users may be given by means of electronic
messages or by general posting on the Websites. Communications from You to the
CORPORATION may be made by electronic messages or conventional mail, unless otherwise
specified in the Agreement.
31.2 All questions, complaints, and notices to CORPORATION by means of
32. Entire Agreement.
32.1 This Agreement contains the entire agreement between the authorized User and
CORPORATION regarding use of the Websites, and all Materials directly and indirectly related
thereto. This Agreement supersedes all prior written and oral understandings, writings, and
representations and may only be amended upon notice by CORPORATION.
32.2 You acknowledge and agree that the terms and conditions of this Agreement are subject
to change by CORPORATION at any time and shall be effective after notice to Users by posting
at or via hyperlink to the Websites.
33. Venue and Jurisdiction.
This Agreement shall be governed by and construed under the laws of the State of
Delaware. The application of the United Nations Convention of Contracts for the International
Sale of Goods is expressly excluded. In case of any litigation regarding this Agreement, You
agree that the venue for such litigation shall be in Kent County, Nevada.
34. Unenforceability of Provisions.
If any provision of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise
explicitly stated, the provisions of this Agreement shall survive its termination.
35. Consent to Receive Communications from CORPORATION.
You hereby grant us the right, from time to time, at our discretion to send commercial,
advertising or informational emails at Your email address. You acknowledge that we may rely
upon Your access to the Website and thus expressly consenting to these Terms and Conditions as
Your permission to the CORPORATION to send You such emails. Furthermore, You grant us the
right to continue to send You such emails until You specifically notify us in writing that You
wish us to stop sending You said emails.
January 15, 2014
Registered seller of Travel in California 2113960-40