Table of Contents
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
These Terms of Use (“Terms”) govern your use of this Website (defined below) and all other websites operated by FareHarbor B.V. By using our Website, you accept these Terms and you agree to comply with them.
We may modify and update these Terms at any time, without notice. In using our Website and any services we may offer from time to time, you agree to be bound by these Terms. If you do not accept these Terms, you cannot use our Website or any of our services.
1. Definitions.
1.1. “You” means the visitor or user accessing the Website.
1.2. “Providers” means tourism and activity providers that display their services and products on the Website
1.3. “We”, “us”, “our”, or “FareHarbor” means FareHarbor B.V., a Dutch private limited liability company.
1.4. “Website” means this website and domain name.
2. About Us.
This Website is operated by FareHarbor B.V., a Dutch private limited liability company registered in the Netherlands under company number 71480404 with its office at Vijzelstraat 66, 1017HL, Amsterdam. Our VAT number is NL858732701B01.
3. Contacting Us.
If you suspect misuse of the Website or if you believe that your intellectual property has been unlawfully featured on the Website, please contact: FareHarbor B.V., Vijzelstraat 66, 1017HL, Amsterdam by sending an email to [email protected].
4. The Website.
4.1. The Website displays services and products offered by Providers that use our online reservation software and operate within the same geographical region.
4.2. Be aware that when you click a link and navigate to a Provider’s service and/or product, you will be redirected to the Provider’s own online booking and reservation window, where separate terms and privacy policies, as indicated within, will apply to you.
4.3. We do not: (a) exercise any control or authority over Providers or Providers’ employees, agents, or representatives; (b) own, sell, furnish, provide, rent, manage, or control the Provider’s products and services; or, (c) own or possess any right, title, or interest in Provider.
4.4. FareHarbor and its Providers operate independently, and you agree that nothing in these Terms shall be interpreted to create an association, joint venture, agency relationship, or partnership between us and any of our Providers.
5. Restrictions of Website Use.
5.1. By accessing this Website, you agree to be bound by and comply with these Terms as well as our Privacy & Cookie Statement, which you can access by clicking on the “Privacy and Cookie Statement” link posted at the bottom of this Website. To the extent prohibited by applicable law, this Website is not intended for and should not be used by anyone under the age of eighteen (18). By using this Website, you represent that: (a) you are at least eighteen (18) years of age; and (b) you possess the legal authority to enter into binding legal obligations with Providers.
5.2. Access to the Website is permitted on a temporary basis and at our sole discretion. We reserve the right to withdraw or amend the services we provide on the Website or a portion of the Website without notice. We are not liable or responsible if the Website is unavailable for any amount of time, regardless of the reason.
5.3. We may suspend or terminate all or any part of the use of the Website at any time in case of a breach of your obligations under these Terms. We may also suspend, withdraw, or restrict the availability of all or any part of the Website for business and operational reasons.
5.4. You are prohibited from: (a) using any robot, spider, scraper or other automated means to access the Website for any commercial purpose without express written permission from us or our licensors; (b) taking any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (c) interfering or attempting to interfere with the proper working of the Website or any activities conducted on the Website; or, (d) bypassing any measures we may use to prevent or restrict access to the Website.
5.5. We retain the right to deny access to the Website to anyone, at any time, and for any reason, including (but not limited to) your violation of these Terms.
6. Website Information.
6.1. The Provider is solely responsible for the content and information regarding Provider’s products and services displayed on the Website. More specifically: it is the Provider’s sole responsibility that the information provided to you regarding Provider’s products and services (and the terms and conditions related thereto) is complete, correct, adequate, and current. You should check any content or information on the Website and use your own judgment before acting on the basis of such content or information.
6.2. The information on this Website may be incorrect or out of date and should not be considered as a definitive or complete statement of fact. We make no representations or warranties with respect to the Website or its content. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to the Website or its content) are hereby excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information or material provided on the Website or any website or webpage to which it is linked.
6.3. We are not responsible for communication failures, errors, difficulties, or other malfunctions, nor are we responsible for any lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Website, which may not be continuously available due to (a) maintenance or repairs, (b) computer problems, (c) disruptions in Internet service, or (d) other unforeseen circumstances.
7. Maintenance of Website.
7.1. You acknowledge and agree that from time to time we may need to: (a) fix defects and errors in the Website; (b) install updates and undertake general diagnosis and maintenance of the Website; and (c) undertake emergency maintenance and/or suspend access to the servers and that as a result of which the Website may be less accessible or unavailable to you from time to time.
8. Intellectual Property
8.1. All content displayed on the Website, including without limitation text, graphics, photographs, images, and illustrations, is the intellectual property of FareHarbor, its licensors, vendors, agents, or Providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose: enabling users to locate and book activity reservations with Providers.
8.2. You may not modify any of the materials nor copy, distribute, transmit, display, perform, reproduce, adapt, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Removal of any copyright, trademark or other proprietary notices from material found on the Website is expressly prohibited.
8.3. All trademarks, service marks and trade names of FareHarbor used or displayed on the Website (including but not limited to: FareHarbor and Providers’ names and logos) (collectively “Marks”) are trademarks of FareHarbor or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website without our prior written consent.
9. Privacy & Cookie Statement that Applies to You.
9.1. In addition to these Terms, our Privacy & Cookie statement also applies to your use of this Website, which sets out the terms on which we process any personal data (also referred to as “personal information”) and information about the cookies on this Website.
10. Liability.
10.1. The information and material contained on this Website are for informational purposes only and do not constitute advice, legal or otherwise.
10.2. In the event of any problem with the Website, your sole remedy is to cease using the Website.
10.3. We are not responsible for any damages to your computers, equipment, or other property caused by accessing, using, or navigating the Website in any manner.
10.4. To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for (a) loss of or corruption to data, (b) loss of profit, (c) loss of anticipated savings, (d) loss of anticipated revenue, (e) loss of business; (f) loss of opportunity, (g) adverse effect on reputation and/or goodwill, or (h) any indirect or consequential loss or damage.
10.5. Our total liability to you in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed EUR 100.
10.6. For the avoidance of doubt, nothing in these Terms limits or excludes our liability for: (i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by applicable law.
11. Severability.
11.1. Should a court or other tribunal of competent determine that any provision of these Terms (or part of any provision) is invalid, void, or unenforceable, such provision or part-provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that they shall remain in full force and effect.
12. Dispute Resolution.
12.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Netherlands.
12.2. The courts of Amsterdam, the Netherlands, shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims). For our exclusive benefit and to the extent possible in the applicable jurisdiction, we retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms or (if different) the country of your principal place of business. Where applicable, mandatory national consumer protection laws of your country of residence will remain unaffected and you may make a claim in the courts of the country where you reside.
12.3 Our failure or delay to enforce any rights or provisions in these Terms does not constitute a waiver of such provision, or any other provision of these Terms.
12.4. You must bring any claim or cause of action under these Terms within one (1) year after the cause of action arises, or your claim or cause of action is barred. In the event of any controversy or dispute related to your use of the Website, you shall attempt, promptly and in good faith, to resolve any such dispute with us.