PLEASE
READ THIS USER AGREEMENT AND THESE TERMS AND
CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Your use of this site is expressly conditioned on your acceptance of the
following terms and conditions.
OWNERSHIP:
-
This site,
and each of its modules, together with the arrangement and compilation of the
content found on this site, is the copyrighted property of Late-Flights Ltd. a
UK incorporated company, Registered Office 145-157 St John Street. London EC1V
4PY England, trading via this web site as Late-Hotels .com and/or its various
third party providers and distributors. In addition, the trademarks, logos and
service marks displayed on this site (collectively, the "Trademarks") are
registered and common law Trademarks of Late-Hotels .com, its affiliates, and
various third parties. Nothing contained on this site should be construed as
granting, by implication, estoppels, or otherwise, any license or right to use
any of the Trademarks without the written permission of Late-Hotels .com, or
such other party that may own the Trademarks. All bookings made through this
site ar made with www.superbreak.com
and are subject to their terms and conditions
USE OF SITE:
-
Late-Hotels
.com grants you a limited, non-transferable license to use this site in
accordance with the terms and conditions of this User Agreement. You may only
use this site to make legitimate reservations or purchases and shall not use
this site for any other purposes, including without limitation, to make any
speculative, false or fraudulent reservation or any reservation in
anticipation of demand. This site and the content provided in this site,
including the text, graphics, button icons, may not be copied, reproduced,
republished, uploaded, posted, transmitted or distributed without the written
permission of Late-Hotels. com, and/or its third party providers and
distributors. You may not use any "robot," "spider" or other automatic device,
or a program, algorithm or methodology having similar processes or
functionality, or any manual process, to monitor or copy any of the Web pages,
data or content found on this site, in any case without the prior written
permission of Late-Hotels. com. You agree that you will not transmit or
otherwise transfer any Web pages, data or content found on this site to any
other computer, server, Web site, or other medium for mass distribution or for
use in any commercial enterprise. You agree that you will not use any device,
software or routine to interfere or attempt to interfere with the proper
working of this site. You agree that you will not take any action that imposes
a burden or load on our infrastructure that Late-Hotels.com deems in its sole
discretion to be unreasonable or disproportionate to the benefits Late-Hotels.
com obtains from your use of the site.
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Unauthorised
use of this site and/or the materials contained on this site may violate
applicable copyright, trademark or other intellectual property laws or other
laws. You must retain all copyright and trademark notices, including any other
proprietary notices, contained in the materials, and you must not alter,
obscure or obliterate any of such notices. The use of such materials on any
other Web site or in any environment of networked computers is prohibited. You
are prohibited from posting or transmitting any unlawful, threatening,
libellous, defamatory, obscene, indecent, inflammatory, pornographic or
profane material or any material that could constitute or encourage conduct
that would be considered a criminal offence, give rise to civil liability, or
otherwise violate any law. In addition, you are prohibited from posting or
transmitting any information which (a) infringes the rights of others or
violates their privacy or publicity rights, (b) is protected by copyright,
trademark or other proprietary right, unless with the express written
permission of the owner of such right, (c) contains a virus, bug or other
harmful item, or (d) is used to unlawfully collude against another person in
restraint of trade or competition. You shall be solely liable for any damages
resulting from any infringement of copyright, trademark, or other proprietary
right, or any other harm resulting from your use of this site.
AGE AND RESPONSIBILITY:
-
You warrant
that you are at least 18 years old and possess the legal authority to enter
into this agreement and to use this website in accordance with the terms and
conditions of this agreement. You agree to be financially responsible for all
of your use of this website as well as for the use of your name and credit
card account to pay for products and services at this website by members of
your household, including minors living with you. You also warrant that all
information supplied by you or your members of your household in using this
website is true and accurate.
PRIVACY:
-
You have
read the Late-Hotels. com Privacy Policy, and agree that the terms of such
policy are reasonable. You consent to the use of your personal information by
Late-Hotels. com and/or its third party providers and distributors in
accordance with the terms of and for the purposes set forth in the
Late-Hotels. com Privacy Policy.
REVIEW OF TRANSMISSIONS.:
-
You agree
that if you submit suggestions, ideas, comments or questions or post any other
information on this site, you grant Late-Hotels. com and its affiliates a
worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub
licenseable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute and display such content in any form, media
or technology. Late-Hotels. com takes no responsibility and assumes no
liability for any content posted or submitted by you.
EXCLUSION OF WARRANTY:
-
Late-Hotels.
com and any third party providers and distributors make no warranty of any
kind regarding this site and/or any materials provided on this site, all of
which are provided on an "as is" basis. Late-Hotels. com and any third party
providers and distributors do not warrant the accuracy, completeness, currency
or reliability of any of the content or data found on this site and such
parties expressly disclaim all warranties and conditions, including implied
warranties and conditions of merchantability, fitness for a particular purpose
and non-infringement, and those arising by statute or otherwise in law or from
a course of dealing or usage of trade. Neither Late-Hotels. com nor any third
party providers or distributors warrant that this site, its servers or any
e-mail sent from Late-Hotels. com are free of viruses or other harmful
components, as far as this disclaimer of implied warranties is permitted by
English law.
LIMITATION OF LIABILITY:
-
Late-Hotels.
com assumes no responsibility, and shall not be liable for, any damages to, or
viruses that may infect your computer equipment or other property on account
of your access to, use of, or browsing in this site or your downloading of any
materials, data, text or images from the site. In no event shall Late-Hotels.
com or any third party providers or distributors be liable for any injury,
loss, claim, damage, or any special, exemplary, punitive, indirect, incidental
or consequential damages of any kind (including, but not limited to lost
profits or lost savings), whether based in contract, tort, strict liability,
or otherwise, which arises out of or is in any way connected with (i) any use
of this site or content found herein, (ii) any failure or delay (including,
but not limited to the use of or inability to use any component of this site
for reservations or ticketing), or (iii) the performance or non performance by
Late-Hotels. com or any third party providers or distributors, even if such
party has been advised of the possibility of damages to such parties or any
other party as far as permitted by English law.
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If,
notwithstanding the foregoing, Late-Hotels. com or any third party provider or
distributor should be found liable for any loss or damage which arises out of
or is in any way connected with any of the above described functions or uses
of this site or its content, the liability of Late-Hotels. com and the third
party providers and distributors shall in no event exceed US$50.00, in its
sole discretion, in addition to any other rights or remedies available to
Late-Hotels com and without any liability whatsoever, as far as permitted by
English Law.
INDEMNIFICATION:
-
You shall
defend and indemnify Late-Hotels. com and any third party providers and
distributors and their officers, directors, employees and agents from and
against any claim, cause of action or demand, including without limitation
reasonable legal and accounting fees, brought by or on your behalf in excess
of the liability described herein or by third parties as a result of your use
of this site.
CONTRACT INFORMATION:
-
A contract
will not exist between you and Late-Hotels. com or its affiliates for the sale
of goods or services, unless expressly stated by Late-Hotels. com. The
contract will exist between you and the supplier of any such goods or
services. The services and goods are supplied on this web site by World Choice
Travel. com. The contract in relation to any product or services will not take
effect unless and until Late-Hotels. com accepts your reservation by email
confirming your reservation and issuing you a unique confirmation code.
Acceptance will be deemed complete and will be deemed to be effectively
communicated to you for all purposes at the time that Late-Hotels.com sends
the reservation confirmation email to you whether or not you receive the
email.
CURRENCY CONVERTER:
-
Currency
rates are based on various publicity available sources and should be used as
guidelines only. Rates are not verified as accurate, and actual rates may
very. The information supplied by this application is believed to be accurate,
but Late-Hotels. com, its affiliates, and/or their suppliers do not warrant or
guarantee such accuracy.
GOVERNING LAW:
-
This
Agreement and its performance shall be governed by the laws of England. You
consent and submit to the exclusive jurisdiction of the courts located in
England, in all questions and controversies arising out of your use of this
site and this Agreement, except you also acknowledge that the software and any
accompanying documentation and/or technical information is subject to
applicable export control laws and regulations of the USA. You agree not to
export or re-export the software, directly or indirectly, to any countries
that are subject to USA export restrictions. Any determination in relation to
the aforementioned export control laws and regulations shall be by a court
having lawful jurisdiction in the USA.
LEGAL FEES:
-
If
Late-Hotels. com or its affiliates take any action to enforce this User
Agreement and these terms and conditions, such parties will be entitled to
recover from you, and you agree to pay, all reasonable and necessary legal
fees and any cost of litigation, in addition to any other relief, at law or in
equity, to which such parties may be entitled.
INJUNCTIVE RELIEF:
-
You
acknowledge that a violation or attempted violation of any of this User
Agreement and these terms and conditions will cause such damage to
Late-Hotels. com as will be irreparable, the exact amount of which would be
difficult to ascertain and for which there will be no adequate remedy at law.
Accordingly, you agree that Late-Hotels. com shall be entitled as a matter of
right to an injunction issued by any court of competent jurisdiction,
restraining such violation or attempted violation of these terms and
conditions by You, or Your affiliates, partners, or agents, as well as recover
from You any and all costs and expenses sustained or incurred by Late-Hotels.
com in obtaining such an injunction, including, without limitation, reasonable
legal fees. You agree that no bond or other security shall be required in
connection with such injunction.
TERMINATION:
-
Late-Hotels.
com may terminate this User Agreement and these terms and conditions and/or
the provision of any of the services at any time for any reason, including any
improper use of this site or your failure to comply with these terms and
conditions. Such termination shall not affect any right to relief to which
Late-Hotels. com and its third party providers and distributors may be
entitled, at law or in equity. Upon termination of this User Agreement and
these terms and conditions, all rights granted to you will terminate and
revert to Late-Hotels. com and its third party providers or distributors, as
applicable.
ASSIGNMENT:
-
You may not
assign, convey, subcontract or delegate your rights, duties or obligations
hereunder.
MODIFICATION:
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Late-Hotels.
com may at any time modify these terms and conditions and your continued use
of this site will be conditioned upon the terms and conditions in force at the
time of your use.
ADDITIONAL TERMS:
-
Additional
terms and conditions may apply to reservations, and other uses of portions of
this site, and you agree to abide by such other terms and conditions.
SEVERABILITY:
-
These terms
and conditions shall be deemed severable. In the event that any provision is
determined to be unenforceable or invalid, such provision shall nonetheless be
enforced to the fullest extent permitted by English law, and such
determination shall not affect the validity and enforceability of any other
remaining provisions.
HEADINGS:
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The headings
used in this User Agreement are included for convenience only and will not
limit or otherwise affect the terms and conditions herein.
ENTIRE
AGREEMENT:
-
This User
Agreement, together with any terms and conditions incorporated herein or
referred to herein constitute the entire agreement between us relating to the
subject matter hereof, and the traveller's retention of vouchers, tickets,
reservations, invoice or bookings after issuance, shall constitute consent to
the above terms and conditions and supersedes any prior understandings or
agreements (whether oral or written) regarding the subject matter, and may not
be amended or modified except in writing or by making such amendments or
modifications available on this site.
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late holidays and flights departing from the UK with Thomson, First Choice,
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holiday deal.
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