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Costsaver Terms & Conditions

Website Terms of Use
Last updated: 14th September 2018

Age Restriction

Our websites are for use only by persons age 18 or over. Persons under age 18 are not permitted to use our websites. If you are under age 18 please leave our websites immediately.

1. About this document

This document states the terms governing your use of our websites. This document does not state booking conditions or other terms of supply. For more information about booking conditions and other terms of supply, please select the relevant brochure:

Costsaver America 2019
Costsaver Asia 2019
Costsaver Europe and Britain 2018

2. Your Agreement

By using our websites, you agree to comply with these terms. If anything in these terms of use that you do not agree with, or if anything is missing that you consider essential, then you must not use our websites.

3. Copyright notice

4. About us these website terms of use

These are the website terms of use of Trafalgar Tours West, Inc.(referred to as "we", "us" or "our"). We are incorporated under the laws of California. Our incorporation address is 801 E. Katella Ave., Anaheim, CA 92805.

5. Contacting us

If you have any questions about our website or these terms of use, including any complaints, please contact us either by e-mail at help@trafalgar.com, telephone on 714-937-4900, or by post to 801 E. Katella Ave, Anaheim, California, 92805.

6. What do these terms cover ?

These website terms of use state the terms on which our website and e-mails may be visited, browsed and used, and are supplemental to any other terms we may apply from time to time. References to "you" and "your" are to any person who visits, browses, or otherwise uses our website or receives any of our e-mails.

7. What websites do these terms cover ?

These terms cover all of our websites, including those at the following addresses: www.trafalgar.com and other affiliated microsites created for permanent or short term promotional purposes.

8. Languages

Our website and any bookings or other transactions conducted through this web website are in the English language only.

9. Accessing our websites

9.1 Website Availability

Our websites will be available only at times we decide. We do not guarantee that our websites, or any website content, will always be available or be uninterrupted. We may suspend our websites at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our websites at any time without notice. We shall have no liability to you (including in negligence) if our website is not available for any reason, and we shall have no obligation to you to make sure our websites are available to you at any time.

9.2 Your systems

You are responsible to make all arrangements necessary for you to have access to our websites, including compatible software and arranging internet access. You are also responsible to ensure that all persons who access our site through your internet connection or computer are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

9.3 No misuse

You must not misuse our websites by knowingly introducing any virus, trojan, worm, logic bomb or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our websites, any server on which our websites are stored or any server, computer or database connected to our websites. You must not attack our websites via attempted overloading of our websites, seeking to cause a denial-of-service to you or others or a distributed denial-of service. In the event of breach, in addition to our other remedies, your permission to use our websites ceases immediately. Your breach of this provision may also be a criminal offense under the Electronic Communications and Transactions Act, no. 25 of 2002 and other applicable Law. We reserve the right to report any such breach to relevant law enforcement authorities and to co-operate with authorities by disclosing your identity to them.

10. Completing forms and error correction

10.1 Mandatory Information

When completing any enquiry, booking or other forms on our website, some information is mandatory before you will be able to submit the forms to us. Mandatory information requirements are identified and denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data. Where a category is not marked with an asterisk, the information is optional, and you need not fill it in but may do so if you wish.

10.2 Accuracy of your information

When you submit any information to us, including in connection with a registration, enquiry or booking, you must ensure, and by submitting the information you represent to us that, it is true, accurate, current, and complete in all respects. To keep the information current, you agree to update the information to us whenever there is a change to any information you submitted previously. You acknowledge being aware that we will rely on the information you provide being true, accurate, current and complete.

10.3 Error Correction

When you carry out any enquiry, booking, order, registration or other process on our website, you may, before submitting, use the back button on your browser to go back and correct or change information. If you think there is an error in your information provided after you submit it, you can contact us to ask that it be corrected or updated.

11. Registration on our websites

11.1 Requirement for registration

To use some services or features available on our websites (such as accounts, forums, memberships, review and comment functionality, and loyalty programs) you may need to register with our website and accept terms applicable to such registration. We may restrict access to some parts of our websites and functionality, allowing access only by persons who registered with us for access to that part or functionality.

11.2 Updating your information

If any of your registration information changes, please update your details using functionality provided within our website or contact us.

11.3 Log-In Details

You are responsible to keep any username and password log-in details relating to such registration confidential, safe and secure. You must not share the details with anyone. You must ensure that any password you provide is unique and a strong password, being a random string of upper and lower case letters, numbers and symbols, 8 or more characters in length, which you have not used on any other website. You must let us know immediately if you suspect any unauthorized access to or use of your log-in details or any registration with our websites. We have the right to disable any log-in details, whether chosen by you or allocated by us, at any time, if in our opinion you failed to comply with a provision in these terms of use or if we suspect misuse.

11.4 Suspension and Termination

We may suspend or terminate your registration and/or your ability to access or use any features, services or functionality on our websites at any time and for any reason, with or without prior notification to you.

12. Booking Process

12.1 Eligibility

You must be eighteen (18) years old or older to make a booking or otherwise order from us.

12.2 Ordering process

Our website is not a legal offer. To make a booking with or through us or otherwise order from us using our websites you must follow the procedure on our websites. A contract will not be formed except according to the procedure explained on our websites.

12.3 Our booking and supply terms

All services and products , and all bookings made, are supplied and made on and subject to our booking terms and conditions and other terms of supply, available on request. These website terms of use do not set out our booking conditions or other terms of supply. You agree that if a booking or order is made by or for you, that our booking terms and conditions and other terms of supply shall apply. For more information about booking conditions and other terms of supply, please select the relevant brochure:

Costsaver America 2019
Costsaver Asia 2019
Costsaver Europe and Britain 2018

For these terms "our website content" is defined as everything making up our websites or which is downloaded as part of or through our websites, including any services, functionality, trademarks, logos, graphics, photographs, images, sounds, music, video, audio or text on our websites, and including any code comprised in our websites such as javascripts, flash objects, cookies, HTML, and CSS. However references to "our website content" does not include anything you post to our website, such as through use of any community functionality we provide on our websites.
13.1 Not advice

Our website content is provided for general information only, with the understanding that we are not engaged in rendering of legal or other professional advice or service. Your reliance on or use of our websites and website content is entirely at your own risk.

13.2 Validity and Change

We make no representation, warranty or guarantee, whether expressed or implied, that the content on our site is accurate, complete or up-to-date. In any event, our website content is not valid beyond when it is downloaded, and may change on a subsequent visit to our websites. We shall be entitled to change website content from time to time, and cease providing any particular website content (including part, functionality or service of our websites), without notice, and for any reason.

13.3 Errors

We do not guarantee that our websites or any website content will be free from errors or omissions. There may be mistakes and errors in our website content which we fail to notice, which will not be binding on us. We reserve the right to correct any errors in our website content and to change any of our website content (including services, products, availability, and pricing) at any time without notice, including in any booking or order you submitted or contract you entered into with us. If a correction affects a booking or order you submitted or contract you entered into with us to your material detriment, we may give you the opportunity to cancel the booking, order or contract rather than accept the change.

13.4 Viruses

We cannot ensure that our websites will be virus-free or free from other malicious elements or will be free from unauthorized, malicious access or modification. You must take appropriate safeguards on your computer, device and network, such as installing appropriate protective software, before accessing or downloading any of our website content.

13.5 Third Party Websites

If we include a link to a third party website (e.g. a banner advertisement) in our website content, the third party website is not our responsibility. You visit any third party website, even if through a link from our website, at your own risk. By providing links, we are not endorsing, sponsoring or recommending such sites or materials disseminated by or services provided by them. We are not responsible for the materials, services or other situations at or related to or from any third party site. We are not responsible for direct or indirect consequences of your navigating to any other website from our websites. We are not responsible for any purchase you make or other activity you engage in at, or as a result of you visiting or accessing a third party website.

13.6 Our Copyright

You acknowledge that all copyright, designs, database rights, trademarks, patents, and all other intellectual property and material rights relating to our website content (and the selection and arrangement of our website content) is and remains our sole and absolute property. You are granted no right, license or interest in or to our website content or any intellectual property rights, except for the browsing license detailed below, and all other rights are reserved. You are not permitted to screen scrape or otherwise copy or use our website content except for browsing our website as a customer or potential customer under the license below.

13.7 Browsing License

The following license is subject to the condition that you are in full compliance with these terms of use. If you are not in compliance, then you have not met the condition and you are not granted the following license.

We grant you a license to download and run the pages of our website we make accessible to you, in a web browser, and to store them in the web browser cache, for the purposes of enabling you to browse and use our website as a customer or potential customer, or as an agent for a specific customer or potential customer, whether online or offline. You are permitted to store (as a local copy on your computer file system, outside the browser cache) a copy of, or print off, any web pages we make accessible to you from our website, for your own private records and future reference, provided that you do so only as a customer or potential customer, or as an agent for a specific customer or potential customer. Except for as expressly provided by the foregoing license, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any of our website content, or use our websites, or any of our website content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. We may terminate the above license at any time.

13.8 Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. You must not establish a link to our websites in a way that suggests any association, approval or endorsement on our part where none exists. Our websites must not be framed on any other site. You must not create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.

14. Your conduct and content

14.1 Use of our websites

You agree to use our websites only for lawful purposes connected to the intended purposes of our websites. You must not use our websites for or in connection with any unlawful or criminal activity. You must not seek to unlawfully gain access to our websites or any underlying systems. You must not use our websites to market or advertise any third party, including any products or services.

14.2 Community functionality

We may offer comment and review facilities, message boards, forums, photo galleries and other community functionality, which enable you and others to post content to our websites. Anything you post online is available for the world to see, and may be subject to moderation or deletion by us at any time. You agree that you will be personally responsible for your use of all community functionality and for all of your communication and activity on and pursuant to our websites. If we determine or have a suspicion that, or if we have a question whether, you are or have been or may have been, engaged in any prohibited activity, were not respectful of another user, or otherwise violated the terms and conditions, we may deny you access to our websites on a temporary or permanent basis. We will not be responsible, or liable to you or any third party, for the content or accuracy of any content posted by you or any other user of our websites. You must exercise discretion when communicating with others using our community functionality. The views expressed by other users on our site do not represent our views or values.

14.3 Your content

You shall ensure that anything your post to our website (including text and pictures), whether through community functionality or otherwise: (a) relates solely to us and our products and services; (b) is in accordance with rules and acceptable use policies we publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, racist or defamatory, or incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people's privacy; (f) is not harmful to minors; (g) will not cause unwarranted distress to any person; (h) is not detrimental to our trademarks or our website content; (i) is not personal data of a third party; (j) does not use our site to promote or advertise a business, product, service or other thing; (k) does not advocate illegal activity or discuss illegal activity with intent to commit them; (l) is not vulgar, obscene, discourteous or indecent; (m) is not software. Any content you upload to our community functionality will be considered non-confidential. We also have the right, but are not obligated, to disclose your identity to any third party or police or government agency who claims that any content posted or uploaded by you to our websites constitutes a violation of or who claims to our satisfaction to be investigating any actual or potential violation of intellectual property, privacy or other rights or laws.

14.4 License of your content

In relation to anything you post to our website (including text and pictures), whether through any community functionality or otherwise, you grant us a perpetual, irrevocable, royalty free, transferrable license, with the right to grant sub-licenses, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world. In particular, by posting a message or other content on our websites (including sending in photos to any photo gallery), you understand that the content becomes public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as author) in relation such content. You warrant that you have the right to grant the license above, and that the exercise by us of that license shall not infringe any copyright or other intellectual property rights in any part of the world.

15. Disclaimer and Limitation of Liability

15.1 No prejudice to consumer rights

If you are acting as a consumer (i.e. an individual acting for your private purposes not associated with a business or profession) nothing in these terms affects your legal rights as a consumer to the extent they may not be excluded or limited by law, and the following terms shall be read subject to this.

15.2 No prejudice to contracts with us

The following terms shall be without prejudice to our liability under or in relation to any contract which we enter into with you as a result of a booking made by you, but such contract shall be subject to any separate booking conditions or other terms we apply to that contract and any exclusions or restrictions of liability in such conditions or terms.

15.3 No limitation of liability for personal injury and fraud

With regard to a consumer, we do not limit or exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

15.4 Disclaimer of negligence

We disclaim and exclude any duty of care which we may owe you in respect of our website and website content, and we shall have no liability to you in negligence with respect to our websites or website content.

15.5 No promise as to quality and exclusion of implied terms

We provide each of our websites and website content "as is" and "as available", without warranty, guarantee, or promise as to quality, condition, fitness for purpose, availability, suitability, or functionality. We do not represent or warrant that our website content is accurate, complete or current, and we shall have no liability whatsoever in respect of any use which you make of our website content. We hereby exclude to the fullest extent permitted by law all implied warranties, terms and conditions, and all rights under any law, in your favor, with respect to our websites or website contents.

15.6 Fitness for purpose

Our website content has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products or services from us that they are suitable for your purposes.

15.7 No liability for business losses

Where you are a consumer, we have no liability to you for any losses relating to any business or occupation, including loss of profit, loss of revenue, loss of business or contract, business interruption, or loss of business opportunity.

We shall not be liable to you for any loss, damage or liability you suffer or incur as a result of visiting, browsing, or using our website or website content, or the non-availability or interruption of our website or website content, or relying on our website or website content. In particular, we shall not be liable for any loss, damage or liability suffered by or in relation to any business, profession, occupation or organization, even if we have been advised of the possibility of such loss, including: (a) loss of profit, revenue, contract, sales, goodwill, opportunity, wasted or additional expenditure, loss of bargain, loss of anticipated savings, business interruption, or liability to any third party and fines, in each case whether direct or not; or (b) for any losses or damages of any nature which are special, punitive, exemplary, indirect, incidental or consequential.

15.8 No liability for force majeure

We will not be liable for anything caused by any event or circumstance beyond our reasonable control.

15.9 No liability unless our fault

We shall not be liable for any loss not caused by negligence, or breach of law or legal or contractual obligation on our part. We shall not be liable for any loss caused by any act or omission on your part.

15.10 No liability for loss not foreseeable

We shall not be liable for any loss or damage which was not foreseeable.

15.11 Meaning of liability

References to our liability include our liability under or for breach of a contract, liability in negligence, liability under any applicable statute or other law, liability for breach of statutory duty, or any other liability on whatever basis or howsoever arising, including (without limitation) where such liability arises out of or in connection with our websites, website content, and any services provided through them, your reliance on the same, or the non-availability or interruption of the same.

16. Changes to these terms

We may change these website terms of use at any time and from time to time without notice to you, including by publishing a new version on our website. You should check these terms for updates each time you visit our website to be aware of changes and of the latest version. You should check the top of the document to see the latest version in force. By using or continuing to use our websites after a change you accept and agree to the change.

17. Applicable Law And Disputes

These terms, your use of our websites, and any claim relating to our websites or based information on our websites, is subject to the law of the County of Orange, state of California You must bring any claims against us exclusively in the courts of the County of Orange, state of California.

End of Document

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