Last updated: 2022-07-18
We also reserve the right to make any changes to the Site and Services in any manner and to deny or terminate your access to the Site and Services, even if you have an Account, in our sole discretion.
Each time you use the Site or the Services, the then-current version of this Agreement will apply. If you use the Site or the Services after a modification of this Agreement, you agree to be bound by this Agreement as modified.
This Agreement contains important information regarding your rights with respect to the Site and the Services, including your relationship with us, and includes an arbitration provision that may limit your ability to pursue claims against us in court. Please read them carefully and review them regularly.
If you are under 18 years old, you may not use the Services. When you use the Services, you declare that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian.
You accept that any information you submit to us when using the Services is accurate, truthful, and current. You also accept that your use of the Services does not violate any applicable law or regulation.
2. Registration & account
Certain of the Services or portions of the Site may require you to register for an account (“Account”), becoming a “Registered User”. As part of the Account creation process, you may be asked to provide a username and password unique to the Account (“Login Information”). You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. If you suspect any unauthorized use of your Account, you agree to notify us immediately. You are solely responsible for any activities occurring under your Account. You have no ownership right to your Account. If you are registering an Account on behalf of an organization under an agreement between us and another organization, that organization may have administrator rights to access your account and any information provided under your Account.
3. Location-based services
Some of the Services may require that location functionality be enabled on the relevant device in order to work properly. You acknowledge and agree that if location permissions and functionalities are not enabled on the device with which you access the Services, the Services may not work appropriately or at all. We will use any location information we receive from you in accordance with our Privacy Notice.
4. Third parties
We do not provide, own or control any of the travel services and products that you can access through our Site, such as flights, accommodations, rental cars, packages, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”). The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Furthermore, the terms of the actual travel provider (airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Travel Provider found or accessed through our Site is at your own risk. We do not bear any responsibility should anything go wrong with booking or otherwise using the Travel Products.
The Site may contain links to websites we do not operate, control, or maintain (“Third Party Websites”). We do not endorse any Third Party Websites, and we make no representation or warranty in any respect regarding the Third Party Websites. Any links to Third Party Websites on the Site are provided solely for your convenience. If you do access any Third Party Websites, you do so at your own risk and waive any and all claims against us regarding the Third Party Websites or our links thereto.
5. User submissions
Portions or features of the Services may allow you to contribute or otherwise provide content or other information to the Services. For such information, data, commentary, communications, downloads, files, text, images, graphics, videos, links, publications, content, tools, resources, programs and products that you post or submit to, or otherwise make available on, the Services (“User Submissions”), you grant us and the users of the Services an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such User Submissions, with or without having your name attached thereto, in any manner or form and for any lawful purpose, with full rights to sublicense such rights through multiple tiers of distribution. You acknowledge and agree that we shall not be liable for any damages arising out of or related to your User Submissions. You represent and warrant that you own all right, title and interest in and to your User Submission that you post, or that you own or control, or have received the necessary licenses or other rights to, contribute such User Submissions to the Services. You agree not to disclose any Personal Information (as defined in our Privacy Notice) as part of a User Submission. In particular, you represent and warrant that you are the copyright owner of any photographs you make available via the Services, or that you have all appropriate authority and permissions from the copyright holder of such photographs to permit their dissemination on the Site and to otherwise grant the rights addressed herein.
In certain instances, your User Submissions may include trip itinerary information, and we may seek to use such information and provide access to such information to third parties. Before providing such information to any third party, we will seek your permission.
You are solely and entirely responsible for all of your User Submissions. You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of your User Submissions from or by others. We do not guarantee the accuracy, integrity or quality of the material you contribute or the material anyone else contributes as part of a User Submission. You acknowledge and agree that by accessing or using the Services, you may be exposed to material from others that you find objectionable. You acknowledge and agree that we shall not be liable for any actions or inactions resulting from or related to any User Submission made on the Services.
6. User conduct
By continuing to use the Site and Services, you agree not to engage in any of the following prohibited uses (“Prohibited Use(s)”). You acknowledge and agree that if it is determined, in our sole discretion, that you have engaged in any Prohibited Use, we may immediately terminate your access to the Site and Services, with no possibility of appeal.
You agree that you will not:
- Promote or conduct any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability;
- Upload or otherwise disclose any Personal Information belonging to or about a third party except as required by the Services;
- Share your Account login information for any reason, including to avoid the per-seat fees;
- Use data mining robots, scraping, or similar data gathering and extraction methods to infringe on our intellectual property and other valid commercial rights;
- Use any means to attempt to or procure the personal information of any other individual, including other users, that may be used to identify or contact such individual without their explicit consent;
- Attempt to or impersonate any individual, even for benign reasons, during the creation of your Account or your use of the Services;
- Use the Site or Services in any manner that infringes any intellectual property rights or other rights of any party;
- Transmit unsolicited or bulk communications to any Travel2Fit affiliated e-mail address or otherwise transmit or send spam emails or unsolicited emails to users of the Site;
- Disrupt, interfere with or inhibit any other user from using and enjoying the Site or other affiliated or linked sites or Services;
- Access or use the Site in any manner that could damage, disable, overburden or impair any Travel2Fit server or the network(s) connected to any Travel2Fit server;
- Prepare, compile, use, download or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
- Violate our rights or the rights of any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another; or
- Use any Travel2Fit domain name as a pseudonymous return e-mail address.
You agree that we have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Site and Services, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Services), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Site Services and for other development, diagnostic and corrective purposes in connection with the Site and Services and other of our offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with our business.
8. Paid services
We may require Services to be paid for on a recurring basis (“Subscription Services”) or on an as-used basis (“A La Carte Services” and, together with the Subscription Services, “Paid Services”). We have the right to change, delete, discontinue or impose conditions on Paid Services or any feature or aspect of a Paid Service. Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as displayed on the Services at the time of sign up and set forth in your Account settings or as otherwise agreed in writing (“Subscription Fee”). A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage (“A La Carte Fees” and, together with Subscription Fees, the “Paid Service Fees”).
Paid Service Fees may be paid by credit card, debit card, or other payment forms we may permit. If you link a debit or credit card to your Account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card.
Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on the 1st of every month until cancelled. You may cancel a Subscription Service at any time from your Account settings. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.
Some of the Services may be billed on a per-seat basis, and you acknowledge and agree that a seat is an individually-named or identified user, and that you are not permitted to share login information.
Some of the Services, including Subscription Services, may have certain usage limits (“Usage Limits”), as described in your Account or the Policies. You acknowledge and agree that we may use technical or other measures to enforce Usage Limits. You also acknowledge and agree that you may incur overage charges for exceeding the Usage Limits per the terms of your Subscription Service (“Overages”), and you authorize us to charge your linked payment account for Overages in accordance with our standard billing procedures.
9. Travel2Fit professional services
- If you use our professional service (“Travel2Fit Proposal Builder”), this section of this Agreement applies to you. Travel2Fit Proposal Builder may allow you to customize the Site, Products, and/or the Services using your own data or intellectual property or store data or intellectual property such as customer lists and content libraries on the Site, Products, and/or the Services as part of the Travel2Fit Proposal Builder service (such data and intellectual property collectively referred to as “User Data”). You will remain the owner of any User Data and grant us a non-exclusive, worldwide, royalty-free, and fully paid up license to host such User Data in order to provide Travel2Fit Proposal Builder to you.
- If you use our professional service (“ROSIE”), our AI-based Revenue Optimizing System, this section of this Agreement applies to you. Travel2Fit ROSIE will integrate and analyze large amounts of data in order to forecast demand for the accommodation and food-beverage sector (such data and intellectual property collectively referred to as “User Data”). You will remain the owner of any User Data and grant us a non-exclusive, worldwide, royalty-free, and fully paid up license to host such User Data in order to provide Travel2Fit ROSIE to you.
As a user of Travel2Fit Professional Services, you acknowledge and agree that you are solely responsible for adhering to all applicable laws, ordinances, and regulations of any name or nature when using Travel2Fit Proposal Builder and ROSIE, and agree to indemnify and hold us and our affiliates harmless from and against any violation of such laws in accordance with Sections 17 and 18 of this Agreement. Furthermore, you acknowledge and agree that the Services we offer are purely a software platform and we cannot be and are not responsible either for incorrect, inaccurate, or incomplete information on the Services or for any disputes that arise between you and any Clients or vendors of other products or travel services. You represent and warrant that you have insurance coverage of a type and limit appropriate for your business, and you acknowledge and agree that we may require you, now or in the future, to provide us with proof that you hold insurance satisfactory to us in our sole discretion as a condition for your use of Travel2Fit Proposal Builder and our AI-based Revenue Optimizing System ROSIE.
10. Payment tool
One of the Services we may offer is an invoicing and payment collection tool (the “Payment Tool”) for users of Travel2Fit Proposal Builder and ROSIE (“Professionals”) to invoice and collect payment from their clients (“Clients”). We are not a party to any agreement between Professionals and Clients.
In order to use the Payment Tool, Professionals shall list their terms and conditions, which such terms will be included on any invoices or bills provided under the Payment Tool (each an “Invoice”). We do not offer refunds for Invoices. Once a Client pays an Invoice, any future dispute regarding the payment of such Invoice shall be directed to the Professional that issued the Invoice, and, you, whether you are a Client or a Professional, acknowledge and agree that (i) we are not a party to any agreement between Clients and Professionals and (ii) that all Invoice payments are subject to the terms and conditions of the Invoice.
If you are a Professional using the Payment Tool, you appoint us as your limited collection agent solely for the purpose of accepting Invoice payments from your clients. You agree that payment made from a Client to us will be considered the same as a payment made directly to you as a Professional. Our obligation to pay you is subject to and conditional upon successful receipt of associated payments from Clients. In accepting appointment as the limited authorized agent of a Professional, we assume no liability for any of the Professional’s acts or omissions.
As a Professional using the Payment Tool, you acknowledge and agree that you are solely responsible for the calculation and payment of any and all taxes required to be paid on funds invoiced and/or collected using the Payment Tool.
If you are a Client, you acknowledge and agree that notwithstanding the fact that we are not a party to any agreement between you and a Professional, we act as the Professional’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Professional. Upon your payment to us of the full amount of any particular transaction, your payment obligation to the Professional is extinguished.
We expressly disclaim any liability that may arise between users of the Payment Tool, with the exception of our role as a limited payment collection agent for Professionals.
11. Quality, accuracy, and completeness
The Site may occasionally contain information found to be inaccurate, incomplete or out of date. Travel2Fit makes no representations as to the completeness or accuracy of the Site or Services and other information, advice or recommendations made available on this Site, nor does it make any representations or warranties as to the quality or safety of any Services, Travel Products, or other third party products or services offered or made available via the Site. All features, content, specifications and prices of Travel Products and Services described or depicted on this Site are subject to change without notice. The inclusion of any Travel Product or Service on this Site at a particular time does not imply or warrant that such Travel Product or Service will be available at any time.
12. Intellectual property rights
Except as expressly provided herein, the Site and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the same may violate such laws and this Agreement. Except as expressly provided herein, we do not grant any express or implied right to use the Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Services, any portions thereof, or the selection and/or arrangement of the Site or the Services. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site or Services, or to otherwise take any action that may infringe on our Intellectual Property Rights.
The trademarks, service marks, logos and URLs (collectively, the “Marks”) displayed on this Site are the property of us, our licensors or other third parties. You are not permitted to use the Marks without the prior written consent of us, our licensors or such third party that may own the Marks.
13. Disclaimer of warranties
The services, and any other content, are provided by Travel2Fit to you on an “as is”, “as available” basis, except as expressly set forth in the terms. Travel2Fit does not make any other warranty of any kind whether express, statutory and/or implied, including but not limited to any implied warranties of title, non-infringement, merchantability, and/or fitness for a particular purpose, accuracy, and of course of dealing, usage and/or trade practice, all of which Travel2Fit expressly disclaims, without limiting the foregoing, Travel2Fit and/or its licensors, partners and content providers make no warranty that (i) the services and/or content will meet your requirements and/or will be constantly available, uninterrupted, timely, secure and/or error-free; (ii) the results that may be obtained from the use of the services will be effective, accurate and/or reliable; (iii) any content and/or software available at and/or through the services is free of viruses and/or other harmful components and/or (iv) Travel2Fit will not be liable and/or otherwise responsible for any failure and/or delay in updating the services and/or any content. No advice and/or information, whether oral and/or written, obtained by you from Travel2Fit and/or through your access to and/or use of the services shall create any warranty not expressly stated in the terms.
If applicable law requires any warranties with respect to the services, all such warranties are limited in duration to sixty (60) days from the date of first use. No oral or written information or advice given by Travel2Fit and/or its authorized representatives will create a warranty. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
14. Limitation of liability
In no event shall Travel2Fit, its officers, directors, employees, partners, licensors, and/or suppliers be liable to you and/or anyone else for (i) any special, incidental, indirect, consequential and/or punitive damages whatsoever, including those resulting from loss of use, data and/or profits, whether or not foreseeable, regardless of the form of action, whether in contract, tort (including negligence), warranty, strict liability, and/or any other legal or equitable theory, even if Travel2Fit has been advices of the possibility of such damages in advance; and/or (ii) any bugs, viruses, trojan horses, and/or like (regardless of the source of origination), the foregoing shall apply despite any negligence, misconduct, errors and/or omissions by Travel2Fit its employees, representatives and/or agents. Because some states do not allow the exclusion and/or limitation of liability for consequential and/or limitation of liability for consequential and/or incidental damages, in such states, Travel2Fit’s liability is limited to the maximum extent permitted by law. You agree to indemnify and hold us harmless for any breach of security or any compromise of your Account.
Travel2Fit’s maximum aggregate liability to you for direct damages that you suffer in connection with the services is limited to the amount paid by you to Travel2Fit in connection with the services in the three (3) month period immediately preceding the date of the claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Travel2Fit and you.
You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, partners, agents, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees (collectively, “Claims”), made by any third party due to or arising out of your use of the Site and Services in violation of this Agreement, any breach of the representations and warranties you make in this Agreement, or your User Submissions. You agree to be solely responsible for defending any Claims against or suffered by us, subject to our right to participate with counsel of our own choosing.
16. Electronic signatures and notices
Certain activities on the Services may require you to make an electronic signature. You understand and accept that an electronic signature has same legal rights and obligations as a physical signature. If you have an Account, you agree that we may provide you any and all required notices electronically through your Account or other electronic means. You agree that we are not responsible for any delivery fees charged to you as a result of your receipt of our electronic notices.
17. Governing law
These terms are governed by the Greek Law and specifically Law 4624/2019 regarding the implementation of the General Data Protection Regulation (EU) 2016/679 (GDPR), Law 2472/1997 on the Protection of individuals with regard to the processing of personal data regulation, as well as Law 3471/2006 on the Protection of Personal Data and Privacy in the Electronic Telecommunications Sector (Incorporation of Directive 2002/58/EC)in the field of electronic communications. By Law 4624/2019 (Government Gazette A137), measures are laid down for the implementation of the GDPR and Directive (EU) 2016/680 is incorporated into national legislation. Law 2472/1997 was repealed, except for the provisions specifically mentioned in article 84 of Law 4624/2019. Law 3471/2006, which incorporates Directive 2002/58/EC (E-Privacy Directive), as amended by Directive 2006/136/EC, is complementary and specific to the institutional framework for the protection of personal data in the field of electronic communications.
You agree to submit to the exclusive jurisdiction of the state and federal courts located in Greece in circumstances where this Agreement permits litigation in court.
We may assign, transfer, delegate, or otherwise hypothecate our rights under this Agreement in our sole discretion. If we fail to enforce a provision of this Agreement, you agree that such a failure does not constitute a waiver to enforce the provision (or any other provision hereunder). If any provision of this Agreement is held or made invalid, the invalidity does not affect the remainder of this Agreement. We reserve all rights not expressly granted in this Agreement and disclaim all implied licenses.
19. Software and code ownership
Please note that all applications and software that are part of Travel2Fit’s Professional Services, including, without limitation, all HTML code, is owned by Travel2Fit, and/or its respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of such software or of any code used in connection therewith is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF ANY SUCH SOFTWARE OR CODE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
All information which is not publicly available, whether oral or written or in a visual, electronic or tangible form, regarding or otherwise relating to any party or to any of its business matters in connection with this Agreement, shall at all times be kept strictly confidential and not be used by it for any other purpose than the performance or enforcement of this Agreement, nor be disclosed by it to any third party without the prior written consent.