Lasted Udated: 14 Aug 2017.
These terms may be updated in the future and will made available on this page.
1. What some words mean
1.1 So that we can be completely clear in this EULA, we have set down some words we use which have specific meanings:
means the organisation (being a sole trader, partnership, company or voluntary organisation however constituted) which has opened and operates a Tourbook account;
any additional users or additional benefits which may be added to a Tourbook Subscription Package;
any employee, agent or independent contractor of the Account Holder (or any other person with authority to act on behalf of the Account Holder) who is authorised by the Account Holder to use Tourbook on behalf of the Account Holder;
means the period in respect of which the Account Holder will be billed in advance in respect of its Tourbook Subscription Package, being either on a monthly or annual basis;
material which you contribute to Tourbook, including but not limited to Page Content and Interactive Contributions;
removing Add Ons and/ or moving from one Tourbook Subscription Package to a Tourbook Subscription Package which may be less expensive and in respect of which less functions are available;
material which you contribute to Tourbook, including your Data, which interacts with materials or content provided by another user of Tourbook (including, where you add a booking, include information which is in the public domain or add a review relating to another user of Tourbook or to a third party) or which interacts with Stub Listings;
has the meaning given to such term at clause 6.1;
means the content, including your Data, which you or another Authorised User of the Account Holder submits to Tourbook to populate or update your Tourbook page or pages, including any collections;
has the meaning given to such term at clause 7.8;
the subscription fees due and payable by the Account Holder to us, as calculated by applying the applicable Subscription Rates;
means the period from the date on which this EULA becomes effective between us and the Account Holder (in accordance with clauses 2.2 and 2.3) and when this EULA is terminated or cancelled in accordance with its terms;
the various rates applicable from time to time in respect of the Tourbook Subscription Packages, as available on the Tourbook Website or as otherwise made available by us;
Third Party Content
has the meaning given to such term at clause 7.5;
means a current subscription to use Tourbook;
our Tourbook Subscription Package known as “Tourbook Free” in respect of which no Subscription Rates are applicable;
Tourbook Subscription Packages
means the various subscription packages available in respect of the use of Tourbook;
our website at http://www.tourbook.live;
upgrading from one Tourbook Subscription Package to another Tourbook Subscription Package and/ or buying Add Ons;
“us” “we” and “our”
refers to Tourbook CIC, a company registered in Scotland with registered number SC531007 and having its registered office at Strongarbh House Strongarbh Road, Tobermory, Isle Of Mull, Argyll, Scotland, PA75 6AG;
“you” and “your”
refers to you, the person who accesses and uses Tourbook; and
means any personal data supplied to us and/ or entered or uploaded by you or another Authorised User of the Account Holder while using Tourbook.
2. Your Tourbook Account
2.1 In order to access and use Tourbook, a Tourbook account must first be created. Depending on the Tourbook Subscription Package that you wish to take, you may either subscribe directly via the Tourbook Website or you may submit an enquiry form via the Tourbook Website and we will contact you to discuss.
2.2 If you subscribe directly via the Tourbook Website, you will be asked to accept the terms of this EULA as part of the online subscription process. Subject to acceptance of the terms of this EULA, we will create a Tourbook account and confirm this to you by email using the email address supplied to us by the person subscribing on behalf of the Account Holder. At that point a legally binding contract will be created between us and the Account Holder. The individual, to whom the confirmation email is sent, will be deemed to be the account administrator.
2.3 If you complete an enquiry form, we will contact you to agree the details of the Tourbook Subscription Package that you wish to take. Where we agree to create a Tourbook account we will confirm this to you by email, using the email address supplied to us by the person subscribing on behalf of the Account Holder. The individual, to whom the confirmation email is sent, will be deemed to be the account administrator. The account administrator will be asked to accept the terms of this EULA as part of the subscription process. A legally binding contract will be created between us and the Account Holder upon acceptance of the EULA by the account administrator.
2.4 If you are the individual who is acting as account administrator and you agree to a Tourbook account being created, you must ensure that you are authorised to enter into this contract for and on behalf of the Account Holder. The contract will be concluded in English and the provisions of this EULA shall govern our agreement with the Account Holder and use of Tourbook by any persons authorised to use it in accordance with this EULA. Neither the account administrator nor any other Authorised User is entitled to use Tourbook if the terms of this EULA have not been accepted by or on behalf of the Account Holder.
2.5 If you made any mistakes in the details you gave to us when applying for a Tourbook account, these errors can be corrected by contacting us by email with a request to amend such details.
2.6 We reserve the right, at our discretion, not to create a Tourbook account or to limit certain functions available in respect of a Tourbook Subscription Package based on territorial or geographic restrictions.
3. User Subscriptions
3.1 Tourbook will not be able to be accessed and used without the account administrator creating a username and password in respect of the relevant Tourbook account.
3.2 If the Tourbook Subscription Package for which the Tourbook account has been created entitles the Account Holder to add Authorised Users, the account administrator may add Authorised Users by emailing such individuals to invite them to follow a unique link and to create a password. Subject to each Authorised User following these steps and also agreeing to the terms of this EULA, they will be added to the relevant Tourbook account. Our Tourbook Subscription Packages often have limitations on the number of additional Authorised Users which can be added – please refer to the details of your Tourbook Subscription Package, as set out in any confirmation email to check the number of Authorised Users permitted in respect of your Tourbook account.
3.3 In relation to the Authorised Users, the Account Holder undertakes that:
3.3.1 all Authorised Users will comply with the terms of this EULA in connection with their use of Tourbook;
3.3.2 the maximum number of Authorised Users that it authorises to access and use Tourbook shall not exceed the number of Authorised Users permitted in accordance with the applicable Tourbook Subscription Package;
3.3.3 it will not allow or suffer any subscription in respect of an Authorised User to be used by more than one individual Authorised User unless it has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use Tourbook; and
3.3.4 it shall maintain a written, up to date list of current Authorised Users and provide such list to us within 2 Business Days of our written request at any time or times and notify us of any change to the Authorised User who acts as the account administrator of the relevant Tourbook account.
3.4 We shall check Tourbook at our discretion, from time to time, to ensure compliance with clause 3.3 above. If any of our checks reveal non-compliance with clause 3.3, we shall be entitled to take steps to disable any unauthorised access and suspend or, if necessary, cancel the relevant Tourbook account with immediate effect. Furthermore, if any of our checks reveal that the Account Holder has underpaid Subscription Fees to us, then without prejudice to our other rights, the Account Holder shall pay to us an amount equal to the Subscription Fees that would otherwise have been due and payable within 5 Business Days of us notifying the Account Holder of such amount.
3.5 The Account Holder is ultimately responsible for administering and safeguarding any passwords created to control access to its Tourbook account and for ensuring that each Authorised User shall keep a secure password for his use of Tourbook, which shall be kept confidential. You must therefore keep any password issued to or created by you and/ or your Authorised Users secure and confidential.
4. Your Rights
4.1 If the organisation you represent is an Account Holder and you are an Authorised User, we grant you a non-transferable, non-exclusive licence for the Subscription Period to use Tourbook in accordance with this EULA.
4.2 The above licence is strictly subject to compliance with this EULA by you (and by the Account Holder whose Tourbook account you are accessing and by all other Authorised Users of that Tourbook account).
5. Your Obligations
5.1 You must:
5.1.1 only access a Tourbook account by using an authorised password and username;
5.1.2. only use Tourbook on behalf of the Account Holder whose Tourbook account you are accessing;
5.2 You must not:
5.2.1 do anything which could reasonably be expected to damage, disable, overburden, or materially impair Tourbook or which is likely to interfere with any other party’s use or enjoyment of Tourbook;
5.2.2 question or dispute our ownership of the intellectual property rights in Tourbook; or
5.2.3 use Tourbook:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that infringes the copyright or intellectual property rights of any third parties;
(c) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(d) for the purpose of harming or attempting to harm minors in any way;
(e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards at clause 8 below;
(f) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and
(g) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.2.4 You also agree:
(a) not to reproduce, duplicate, copy or re-sell any part of Tourbook in contravention of the provisions of this EULA;
(b) not to access without authority, interfere with, damage or disrupt:
(i) any part of Tourbook;
(ii) any equipment or network on which Tourbook is stored;
(iii) any software used in the provision of Tourbook; or
(iv) any equipment or network or software owned or used by any third party.
6. Interactive Services
6.1 Depending on which Tourbook Subscription Package you have subscribed to, you or others may be able to access interactive functionality on Tourbook, including review services and messaging services (“Interactive Services”). Where you are able to access any Interactive Services, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
6.2 We will do our best to assess any possible risks to the Account Holder or its Authorised Users from other users of Tourbook when they use any Interactive Service provided on Tourbook, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Services we provide on Tourbook, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by you, the Account Holder or any other Authorised User of the Account Holder in contravention of our content standards or from use of any Interactive Service by any other third party (including other users of Tourbook), whether the Interactive Service is moderated or not.
6.3 Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
7. Intellectual Property Rights and Licensing
7.1 All copyright, database rights, trade marks and other intellectual property rights in Tourbook are either owned by or licensed to us and nothing in this EULA shall transfer any ownership rights to you, any other Authorised User or to the Account Holder.
7.2 The Account Holder has sole responsibility for the accuracy and reliability of your Data. The Account Holder retains ownership of any copyright, trade marks, database rights and any other intellectual property rights it has in your Data. Intellectual property rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities but otherwise we will only use your Data to provide Tourbook.
7.4 We acknowledge that all proprietary rights in any Page Content uploaded by you or another Authorised User of the Account Holder on behalf of the Account Holder belong to or are licensed to the Account Holder or to you or such other Authorised User and that we shall not be granted any rights in or to such Page Content other than as in accordance with the terms of this EULA.
7.6 You, any other Authorised User of the Account Holder and the Account Holder hereby grant us, during the Subscription Period, a royalty free licence to make all Page Content (Including Third Party Content) available on Tourbook and you permit us to allow third parties, including other users of Tourbook, to access such Page Content.
7.7 You, any other Authorised Users of the Account Holder and the Account Holder hereby warrant that each of you has the necessary rights to license the Page Content to us under clause 7.6 above and that our use of the Page Content in accordance with the terms of this EULA shall not infringe the rights of a third party. The Account Holder hereby agrees to indemnify us in connection with any losses we suffer arising from a claim against us by a third party relating to any infringement of that third party’s intellectual property rights.
7.8 We reserve the right to include and display content from third party sites which may relate to you and/ or to your Page Content, where such content from third party sites is in the public domain (“Stub Listings”). We further reserve the right to make such Stub Listings available to all users of Tourbook and visitors to the Tourbook Website (regardless of whether they are account holders or otherwise). We shall not be liable for the accuracy or otherwise of Stub Listings and expressly exclude our liability for any loss or damage suffered by you, the Account Holder or any Authorised User of the Account Holder, arising from our use of Stub Listings.
7.9 In respect of Interactive Contributions, the Account Holder, you and any other Authorised User of the Account Holder grant us a non-exclusive, royalty free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display such content. For the avoidance of doubt, this right will remain effective beyond termination or cancellation of this EULA.
8. Content Standards
8.1 These content standards apply to any and all Contributions and you must comply with the spirit and the letter of such standards. The standards apply to each part of any Contribution as well as to its whole.
8.2 Contributions must:
8.2.1 be accurate (where they state facts);
8.2.2 be genuinely held (where they state opinions); and
8.2.3 comply with applicable law in the UK and in any country from which they are posted.
8.3 Contributions must not:
8.3.1 contain any material which is defamatory of any person;
8.3.2 contain any material which is obscene, offensive, hateful or inflammatory;
8.3.3 promote sexually explicit material;
8.3.4 promote violence;
8.3.5 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
8.3.6 infringe any copyright, database right or trade mark of any other person;
8.3.7 be likely to deceive any person;
8.3.8 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
8.3.9 promote any illegal activity;
8.3.10 be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
8.3.11 be likely to harass, upset, embarrass, alarm or annoy any other person;
8.3.12 be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
8.3.13 give the impression that they emanate from us, if this is not the case; and
8.3.14 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
9. Subscription Fee
9.1 Where Subscription Fees are payable and where credit or debit card details were supplied for the purpose of automatic billing at the point of the Tourbook account being created, the Account Holder will be billed automatically using the credit or debit card details supplied to us and we shall issue a payment receipt at the time of billing.
9.3 Where Subscription Fees are payable and where the Account Holder has agreed to make payment other than by credit or debit card, we shall issue a valid VAT invoice, in advance, on a monthly or annual basis depending on whether the Account Holder has selected a monthly Billing Period or an annual Billing Period. Payment of any such invoice is due within thirty (30) days of the date of invoice.
9.4 The Subscription Rates may be varied by us from time to time. If we vary our Subscription Rates we shall confirm this to you or another Authorised User by email to let you know the new Subscription Fees payable by the Account Holder from the start of the next Billing Period.
9.5 If you are an Account Holder based in the United Kingdom, Subscription Fees are payable in GBP and exclude VAT, which is also payable. If you are an Account Holder outside the United Kingdom, depending on where you are based, payments may be made in Euros or US Dollars, where the Subscription Fees will be calculated using the Subscription Rates, as applicable in respect of these currencies.
9.6 We shall be under no obligation to provide Tourbook if the Subscription Fee (plus VAT where applicable) is not paid to us on time. The Account Holder must ensure that we have complete and accurate billing and contact information throughout the Subscription Periods, including the full name of the Account Holder, its business address or otherwise, and a billing contact email address. If Subscription Fees become overdue, because for example the Account Holder’s credit card has expired, we reserve the right to suspend your access to Tourbook and charge interest on any unpaid amount until the balance is paid and/ or we may close the Account Holder’s Tourbook account permanently.
10. Free Subscription Packages, Upgrades and Downgrades
10.1 Subject to the Account Holder and any Authorised Users in respect of the Account Holder’s Tourbook account complying with the terms of this EULA, where there are no Subscription Rates applicable to a particular Tourbook Subscription Package (such as Tourbook Free), no Subscription Fees will be payable in respect of such Tourbook Subscription Package.
10.2 The Account Holder is not entitled to benefit from more than one subscription to Tourbook Free or use features in excess of those permitted with Tourbook Free. If we discover that more than one subscription for Tourbook Free has been requested or is being used by or for the benefit of the Account Holder or that use is being made of features in excess of those permitted, the Account Holder will become liable for payment of the applicable Subscription Fee for all use of Tourbook made in excess of that associated with Tourbook Free and we will be entitled to terminate this EULA and close the Account Holder’s Tourbook account with immediate effect.
10.3 If the Account Holder wishes to Upgrade its Tourbook Account, depending on which Tourbook Subscription Package it has subscribed to, you or another Authorised User may be able to Upgrade via the Tourbook Website or by contacting us to request an Upgrade. Where we are contacted directly, we shall evaluate your request for an Upgrade and respond to you with approval or rejection.
10.4 If you Upgrade your Tourbook Subscription Package, you will be billed either on a monthly or annual basis, in accordance with clause 9.1, from the date of the Upgrade. For all other types of Upgrade, where we approve such Upgrade, any change in the Subscription Fee will be calculated on a pro-rate basis from the date of the Upgrade until the next Billing Period. If you are billed monthly, such pro-rated amount will be billed at the next Billing Period. If you are billed annually, we will apply a one-off additional charge in respect of such pro-rated amount.
10.5 If, during the course of a Billing Period, you advise us that you wish to Downgrade your Subscription Package, notwithstanding the Downgrade taking effect immediately in respect of the removal of Add Ons or functions, any change to the Subscription Fees payable by the Account Holder in accordance with such Downgrade will take effect from the start of the next Billing Period and the Account Holder will not be entitled to any reimbursement of any Subscription Fee already paid.
11. Third Parties
12. Closing a Tourbook account
12.1 You can close the Account Holder’s Tourbook account at any time by accessing Tourbook and using the “cancel this account” option on the relevant page. No further Subscription Fees will be billed and no refund will be made of any Subscription Fees already billed for the current Billing Period.
12.2 We reserve the right to cancel your Tourbook account with immediate effect if you or any other Authorised User of the Account Holder’s Tourbook account fails to abide by this EULA (including any misuse of Tourbook or non-payment of the Subscription Fees within the timescales set out in this EULA) or for any other reason where we believe that cancellation of the Tourbook account is appropriate. If we cancel your Tourbook account for any of the reasons described in this clause 12.2, no refund of Subscription Fees will be due or payable.
12.3 When your Tourbook account is closed for whatever reason, we shall cease using your Data and the licence granted to us at clause 7.6 in respect of Page Content shall terminate. For the avoidance of doubt, cancellation of a Tourbook account shall not affect our rights to continue to use Interactive Contributions associated with your Tourbook account, whether in connection with Stub Listings or otherwise.
13.1 This clause 13 restricts the extent to which we are liable for any losses which may be suffered in connection with your use of Tourbook. It also requires the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with this EULA.
13.2 We make no guarantee that Tourbook will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access Tourbook. We will try to keep disruptions to a minimum but we may suspend Tourbook from time to time to carry out maintenance and support work and to investigate unauthorised use.
13.3 You use Tourbook entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with Tourbook (even if we have been advised of their possibility).
13.4 Where we are not legally entitled to exclude our liability, our total liability to you, the Account Holder and any other Authorised Users of the Account, for any loss or damage relating to Tourbook shall, in respect of a free Subscription Package, not exceed £100 in aggregate for all claims and, in respect of all other Subscription Packages, not exceed an amount equal to the total amount of Subscription Fees paid by the Account Holder in the twelve months prior to the event or series of events giving rise to a claim.
13.5 If you access Tourbook using a password created to control access to the Account Holder’s Tourbook account, then the Account Holder shall be held liable for any reasonable costs and expenses incurred by us as a result of breach of this EULA by you. Otherwise, you shall be personally held liable for any reasonable costs and expenses incurred by us as a result of breach of this EULA by you.
14.2 We reserve the right to change this EULA from time to time and therefore we may impose new or different terms and conditions on your use of Tourbook. These additional terms will be posted on the Tourbook Website. Therefore, you should regularly review the Tourbook Website to check for changes to this EULA. Your continued use of Tourbook will be deemed to constitute acceptance by the Account Holder of all of the new terms which will take effect from the start of the Account Holder’s next Billing Period. This EULA may not otherwise be changed without our written consent.
14.3 We shall be entitled to transfer our rights and/or obligations under this EULA to another party. Neither you nor the Account Holder may transfer any of your rights or obligations under this EULA without our written consent.
14.4 If either you or we ignore any breach of this EULA, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of this EULA turns out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.
14.5 This EULA shall be governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to Tourbook, it must do so in Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access Tourbook.