TERMS AND CONDITIONS OF USE OF THE “COLORATOUR.COM” WEBSITE FOR DOCENTS & GUESTS & CONDITIONS TO BOOK ANY DOCENT FROM COLORATOUR.COM OR THIRD PARTIES PLATFORM
COLORATOUR.com provides access to information, data, points of interests, activity packages, tours, and offers pertaining to travel destinations, activities and experiences as well an on-line platform which connects docents or guides with Guests.
The service offered by Coloratour.com include an on-line platform which enables guides to create tours for Guests and for Guests to become acquainted and book such tours. By booking such tours, you comprehend and concur that Coloratour.com IS NOT A PARTY to any agreements entered between docents/guides and Guests, NOR is Coloratour AN AGENT NOR AN INSURER.
- terms and conditions of use refers to the terms and conditions which regulate the use of this website by the user.
- services refers to the functions, devices, applications, information and other services accessible through this website or through any Third Party Provider.
- user refers to any person which accesses and/or utilizes this website.
- website refers to the “home page” and other pages characterized by the domain name www.COLORATOUR.com, owned and managed by DIMENSION SERVICES.
- material/s refers to any type of material or immaterial good which is rendered available through this website, including for example merchandising products, data, drawings, images, photographs, illustrations, descriptions, informative texts, films, audio files, music and sounds, services, software and other accessorial programs.
- content/s refers to messages, data, information, texts and other material including that of advertising nature.
3. Docent/Tours guides informations
Any Docent/Tour guide appearing in the listings appear at its own will and is responsible for posted content on his/her section. CLT recommends that Guides obtain appropriate insurance for their tours and experiences. As a guest, please review any insurance policy that you may have for the tours scheduled. Please make sure you comprehend what the insurance means by exclusions, deductibles which may apply to you.
CLT values its relationship with visitors and customers and makes every effort to safeguard any Personal Information collected, while also making information available. Information hereafter refers to a forthcoming payment system service. Personal Information is defined as your name in combination with a credit card number, social security number or bank account number. Personal Information is not information that is publicly available such as your name, address, e-mail address, telephone number, country of residence etc. or information you provide in connection with your submission of your resume or curriculum vitae. CLT collects information about you in several ways from different parts of the Site. For example, information you provide is collected and stored to permit you to receive CLT’s communications which may include e-newsletters, and online support to existing customers. Information may also be collected when you communicate with CLT through the “Contact,” “Customer Support,” or links on the Site, via e-mail, to request support, ask a question, report a problem or participate in promotions, sweepstakes or contests. CLT automatically receives and records information on its server logs from your browser, including your IP address, CLT cookie information and your page requests. CLT may also occasionally ask users to complete surveys for research purposes, provide testimonials or submit ideas for improving our products and services.
CLT may use any information gained through the Site for any legal purpose. Generally, CLT uses information to provide maintenance and support to existing customers, customize Licensed Content, fulfill your information requests, improve services, contact you, conduct research and provide anonymous reporting for internal use and to third parties. CLT may combine information it has about you with information obtained from its affiliated companies, business partners or other companies or to develop, use and make available to third parties (at no charge or for a fee) aggregated information regarding trends, products, security/privacy patterns and research, internal record keeping and reporting, measuring and reporting learning, performance and other statistical information concerning any aspect of the Site. CLT will not report aggregated data in a manner that reasonably permits such information to be identified with any user nor will it sell your information. CLT does not expect to request or collect Personal Information from you at this time. However, any Personal Information you voluntarily provide to CLT will not be shared except under the guidelines established in this Privacy Section. Any material, information or other communication you transmit, upload or post to the Site or email to CLT, including testimonials and ideas (collectively, “Communications”) will be considered non-confidential and nonproprietary and CLT will have no obligation to preserve the confidentiality or refrain from disclosing Communications. CLT and its designees will have no liability for and be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, product ideas, suggestions or enhancements, as well as anything embedded therein for any and all commercial or noncommercial purposes without your consent and without remuneration to you.
5. User Conduct
All information, data, messages or other materials transmitted are the expressions, opinions and sole responsibility of the person from whom such material originated. This means that you and not CLT are entirely responsible for all downloads, uploads and/or emails transmitted via the Site. You should verify all statements and do your own testing and due diligence before following any recommended advice. Under no circumstances is or will CLT be liable in any way for any Communications, and links you may access located on the Site, your or another user’s use of the Site or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content or for any loss or damage of any kind incurred as a result of the use of any Licensed Content via the Site.
You agree not to use the Site to:
(a) email, or otherwise transmit anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with CLT or any other person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site;
(d) email or otherwise transmit anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary right (“Rights”);
(f) email or otherwise transmit any unsolicited or unauthorized advertising or promotional materials, chain letters or other solicitation;
(g) email or otherwise transmit any material containing software viruses or any other malicious, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or database;
(h) interfere with or disrupt the Site or servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site or otherwise impose an unreasonable or disproportionate burden on the Site;
(i) intentionally or unintentionally violate any applicable local, state, national or international law, rules or regulations;
(j) attempt to circumvent any passwords or other security features or take any action intended or designed to compromise the privacy or security of the Site, users or other visitors;
(k) reproduce, modify, rent, lease, loan, distribute, sell, trade, resell or otherwise commercially exploit any portion of the Site or create derivative works based on the Site, Software or Licensed Content in whole or in part.
7. Modifications to Site
At its sole descretion, CLT reserves the right to modify the Site, the Service, the listings offered at any time and without prior notice. Should we modify these terms, we will post the modifications on the Site or through the Services or on the Listings. If the modified terms are not acceptable to you, you only recourse is to cease using the service.
If you use any CLT Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CLT does sell products for children, but it sells them to adults, who can purchase with appropriate permitted payment method. CLT reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES, OR COLLECTIVE CONTENT.
9. How does it work?
CLT is an online platform which aims at facilitating contact and interaction for the listing and purchasing of tours.You may view the listings without prior registration although you will need an account to purchase any listings. As a facilitator, CLT does not control the content of the hereabove mentioned listings, as well as the CONDITION, LEGALITY OR SUITABILITY OF ANY tours. CLT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND EXPERIENCES. AS a result, ANY BOOKINGS WILL BE MADE AT THE TRAVELER’S OWN RISK.
You may not have more than ONE (1) active CLT account. You agree to provide You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. CLT reserves the right to suspend or terminate your CLT Account and your access to the Services if you create more than one (1) CLT Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your CLT Account, whether or not you have authorized such activities or actions. You will immediately notify CLT of any unauthorized use of your CLT Account.
Tour guides may post their listings to serve the touring needs of the clientèle CLT caters to. In each country listings have to abide by local regulations in terms of what and how it may be sold. CLT does not assume any responsibility for a Guide’s compliance with any applicable laws, rules and regulations. CLT reserves the right, at any time to remove or disable access to any Listing for any reason, including Listings that CLT, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
CLT serves as the limited authorized agent of the guide for the purpose of accepting payments from Guests on behalf of the Guide and is responsible for transmitting such payments to the Guide, subject to these Terms. When you create a Listing, you may also choose to include certain requirements which must be met by the Guests who are eligible to request a booking of your Tour. Any Traveler wishing to book Tours included in Listings with such requirements must meet these requirements.
10.Reviews, comments, communications, and other contents
Visitors may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CLT reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant CLT a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CLT and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CLT for all claims resulting from content you supply. CLT has the right but not the obligation to monitor and edit or remove any activity or content. CLT takes no responsibility and assumes no liability for any content posted by you or any third party.
11.Appointement of CLT as Payment Agent for the Guide
Please not that it is the guide and not CLT which determines the Tour fees.
Each Guide hereby appoints CLT as the Guide’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Guide. Each Guide agrees that payment made by a Guest to CLT shall be considered the same as a payment made directly to the Guide and the Guide will make the Tour available to the Guest in the agreed upon manner as if the Guide has received the Tour Fees. In accepting appointment as the limited authorized agent of the Guide, CLT assumes no liability for any acts or omissions of the Guide. CLT accepts 30% of the total fees to cover its costs. Please be aware that tax may apply. The guest pays the balance to the local guide prior to the beginnig of the tour.
12.Bookings for Guides
The Guides, not CLT, are solely responsible for honoring any confirmed bookings and making available any Tours reserved through the Services. If you, as a Guest, choose to enter into a transaction with a Guide for the booking of a Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Guide and you agree to accept any terms, conditions, rules and restrictions associated with such Tour imposed by the Guide. You acknowledge and agree that you, and not CLT, will be responsible for performing the obligations of any such agreements, that CLT is not a party to such agreements, and that, with the exception of its payment obligations hereunder, CLT disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that CLT is not a party to any agreements between you and the Guide, CLT acts as the Guide’s payment agent for the limited purpose of accepting a fraction of the payments from you on behalf of the Guide. Upon your payment of amounts to CLT which are due to the Guide, your payment obligation to the Guide for such amounts is extinguished, and CLT is responsible for remitting such amounts, less CLT Guide Fees, to the Guide.
13.Bookings for Guests
In order to establish a booking pending the applicable Guide’s confirmation of your requested booking, you understand and agree that CLT, on behalf of the Guide, reserves the right, in its sole discretion, to (a) obtain a pre-authorization via your credit card for the Total Fees or (b) charge your credit card a nominal amount, not to exceed one Euro (E1), or a similar sum in the currency in which you are transacting (e.g. one dollar or one British pound) to verify your credit card. Once CLT receives confirmation of your booking from the applicable Guide, CLT will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that CLT cannot control any fees that may be charged to a Guest by his or her bank related to CLT’s collection of the Total Fees, and CLT disclaims all liability in this regard.
You also authorize CLT to charge your credit card in the event of damage caused at an Experience as contemplated under “Damage to Experiences” below and for Security Deposits, if applicable.
In consideration for providing the Services, CLT collects service fees from Guides and Guests (“Service Fees”). Service Fees are made up of two (2) components: (a) Guest Fees (determined as provided above) and (b) a fee that is charged to the Guide based upon a percentage of the amount of the Tour Fees (“Guide Fees”). Where applicable, Taxes may also be charged in addition to the Guide Fees. Guide Fees are deducted from the Tour Fees before remitting the Tour Fees to the Guide, within 24 hours of when the Guest arrives at the applicable Venue (however, please note that we will not be responsible for delays in remitting Tour Fees, which can vary based on the bank, currency, location, etc.). Guests Fees are, as noted above, included in the Total Fees. Balances will be remitted by CLT to Guides via check, direct deposit or other payment methods described on the Site or via the Application, in the Guide’s currency of choice, depending upon the selections the Guide makes via the Services. Please note that for any payments by CLT in currencies other than EUROS, CLT may deduct foreign currency processing costs from such payments. Except as otherwise provided herein, Service Fees are non-refundable
15. Copyrighted & trademarked materials
Please note that the brand “COLORATOUR.com” and its logotype and baseline are trademarked at the National Register for Intellectual Property Rights in Paris (INPI), France under the following number : 13 3 992 441. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any CLT Service are trademarks or trade dress of CLT in the U.S. , EU countries and other countries. CLT’s trademarks and trade dress may not be used in connection with any product or service that is not CLT’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CLT. All other trademarks not owned by CLT that appear in any CLT Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CLT.
16. Notices and Procedures for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement should be sent to the Site’s legal department. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
CLT respects the intellectual property of others, and asks its users and visitors to do the same. CLT will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. Upon receipt of notices complying with these requirements, CLT will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Site;
(d) your address, telephone number, and email address and all other information reasonably sufficient to permit CLT to contact you;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING CLT THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
The user is conceded a limited and not exclusive right to create a link to his/her website as long as this website does not represent CLT or that one or more of his/her products and/or services does not represent CLT in a false, defamatory, or misleading manner or in any manner which discredits CLT. The user can not use the logos or other graphic elements, such as CLT marks, as visual link to the website, without the prior written consent of CLT. The authorization of use can be revoked at all times.
The link will have to redirect to the homepage of the website and it has to be evident that the website and its contents don’t have any relation to the website which contains the link.
19. Product validity; modifications & amendments
CLT attempts to be as accurate as possible. However, CLT does not warrant that product descriptions or other content of any CLT Service is accurate, complete, reliable, current, or error-free. If a product offered by CLT itself is not as described, your sole remedy is to ask for a refund at the sole discretion of CLT.
During local or national holidays or special events, peek seasons, on Sundays, and during religious occasions, certain facilities such as museums, churches, restaurants, sightseeing tours, hotels, and shopping may be limited or not available. Alternatives will be offered whenever possible. CLT cannot be held responsible for any closures, necessary itinerary changes or curtails for any reason.
Christmas Market Vacations: Please note that Christmas markets generally close around the third week of December.
Please be aware that during your participation in tours operated by CLT, certain risks and dangers may arise beyond our control, including but not limited to: the hazards of traveling in certain areas; travel by boat, train, bike, automobile, or other means of transportation; forces of nature; political unrest; acts of lawlessness or terrorism; and accident or illness in remote regions without means of rapid evacuation or medical facilities. CLT will not have liability regarding provision of medical care or the adequacy of any care that may be rendered. While CLT will use its best efforts to ensure that adequate measures are taken, by agreeing to participate in a tour and/or excursions you agree that you will hold CLT harmless regarding any provision of medical care or the adequacy of any care rendered. CLT is not responsible for such risks and dangers that may arise beyond our control. Payment of your fees indicates you accept these risks and dangers and agree to hold CLT harmless for such.
Photographs, Pictures and Videos:
Photographs, pictures, or videos appearing in this brochure should be used solely as an indication of facilities and attractions. Actual facilities and attractions may vary according to itinerary. Maps shown on the vacation pages are current at the time of drafting the document and may not reflect the actual routing should the itinerary change.
As a Guest, by signing up for a CLT experience, you agree that CLT may record, videotape or photograph the Experience, (in which you, may appear, your physical appearance and voice), and use it publicly or privately in any form of media, including for commercial purposes. By attending, You consent to the recording and photographing and grant CLT an unrestricted, perpetual, non-exclusive and sublicenseable license, to take, use, display, perform, distribute or exploit for any lawful and commercial purpose any recordings or photographs. Should You not agree, please do not Sign up and do not attend the Experience. If you ask for privacy rights in writing, it means we will not post a picture, video or voice in which we may recognize you.
Optional Excursions & Activities:
Optional activities and excursions (“the Services”) available for booking are provided by local operators or other third parties that are entirely independent of CLT and do not form any part of the product or services sold to you by CLT or of these Terms & Conditions, even where CLT suggests particular operators/other third parties and/or assists you in booking such optional activities or excursions. Your contract for such Services will be with the organizer or operator of that Service and will be subject to its Terms & Conditions, which may contain exclusions or limitations of liability. CLT has no liability for any such optional activity or excursion or for any act(s) or omission(s) of the organizer or operator or for any of its employees or agents or any other person(s) connected with the optional activity or excursion.
Pick up time may vary within 20 minutes according to the traffic but will not have no impact on the tour duration. In this case the information is given to the hotel desk or directly to you in your room knowing the total duration of the tour includes 30 minutes for the hotel pick up and the driving time as well.
CLT reserves all rights to modify or to cancel any tour if the safety or the comfort of the passagers requires it or in case of strike or administrative instructions.
CLT is not responsible for delays, irregularity, strike, weather conditions, loss ot theft of any personal belongings.
In case of delay caused by the client, we can’t wait more than 10 minutes. No refund (including no partial refund) for client who voluntarily discontinues any of the tour or missed the tour for late arrival or no show.
The prices are guaranteed as far as the current economic conditions remain stable. CLT reserves all right to proceed to any modifications in case of unexpected external price increase.
CLT reserves the right to modify booking procedures, terms and conditions and/or program prices at any time without notice
Products offered by CLT are valid as per the dates and times displayed at www.COLORATOUR.com CLT is not responsible or liable for any information that it does not directly provide.
All requests for booking modifications/amendments must be directed to the CLT Customer Care Team via email at info@COLORATOUR.com.
1. CLT charge a fee to amend or change the dates or times of an existing booking of 20.00 Euros per person.
2. If you request a date/time change CLT will attempt to honor your request; However CLT cannot guarantee date/time change requests as all requests and amendments are subject to availability.
CLT reserves the right to cancel, change or substitute any tour that you have booked at www.COLORATOUR.com, at any time, for any reason. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price.
20. Payments, refunds, & cancellations
- No refunds to guest who booked through Third Party providers (on-line platforms different from CLT but selling CLT products).
- Canceling a booking with CLT can result in cancellation fees being applied by CLT, as outlined below. When canceling any booking you will be notified via email of the successful cancellation and cancellation fees incurred.
- CLT enforces a 1 month advance refund policy.
- Cancellations must be communicated via e-mail at info@COLORATOUR.com.no less than 30 days in advance of the tour in order to receive a refund.
- All cancellations are subject to a cancellation fee of 30% of the total charged per booking in addition to any banking or Paypal fees.
- No partial refunds will be given for cancellations made within a month (30 days) prior to a tour.
- No partial refunds are available once a tour has commenced.
- Full refunds only offered at the discretion of management
No refunds are given (1) in case of force majeure (2) if you leave the program after it has begun for any reason whatsoever, or miss any scheduled sightseeing or visit or in case of no show.
By enrolling on one of our tours, you EXPRESSLY CONFIRM THAT YOU HAVE YOUR OWN ASSURANCE CURRENT (COVERING ANYTHING WHICH MAY OCCUR WHILE WALKING, BIKING, COOKING/EATING, WINE TASTING OR ANY ACTIVITY YOU SIGNED UP FOR) AND YOU ALSO agree to abide by all decisions, instructions, and rules given by our guides.
While on tour, it is your responsibility to communicate your wishes and/or difficulties to our staff as soon as you encounter a concern or difficulty. Our guides are very often the only ones who can really help you. You need to give clear feedback about any concern you may have about items provided to you and useful to accomplish the Experience (It could be a map, a bike, cooking ustensils or anything else provided to you as part of the tour you booked). We are happy to help but if you keep feedback to yourself, we cannot guess. Please do not wait until the end of the tour to make your comments or suggestions, or talk about what you feel, need or wish because once the tour has started or is over, there may be NOTHING we can do to help you not to mention that it may bother other guests. No claim could be accepted if not mentioned to the guide as soon as they occur. Should anything else occur during the tour, we’ll try our best to find a solution.
For your information, if you need an insurance, www.travelinsured.com or www.travelguard.com may be able to help you.
21. Withdrawal & disputes
CLT reserves the right, without notice, to withdraw from the terms and conditions of use and to prevent the users access to the website.
SHOULD CLT DECIDE TO REFUND A GUEST FOR ANY REASON, THIS WILL BE CONSIDERED A “CONFIDENTIAL SETTLEMENT” AND BY ACCEPTING THE REFUND, THE GUEST WILL ALSO AGREE TO MAINTAIN THE WHOLE TRANSACTION SECRET AND WILL NOT RELEASE ANY POSTING ON ANY SOCIAL MEDIA OR REVIEWS POSTING SYSTEM ABOUT THE EXPERIENCE OR THE SETTLMENT.
Any dispute or claim relating in any way to your use of any CLT Service, or to any products or services sold or distributed by CLT or through CLT.com will be resolved by binding arbitration, rather than in court.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
22. Applicable laws and legal court
The terms and conditions of use will be sustained and interpreted by the French law. Any controversy derived or connected to the execution of terms and conditions of use will be passed on to the exclusive jurisdiction of the legal court of Paris.
23. Disclaimers and limitations of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE OR / OR PURCHASING OF THE TOURS IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.
(b) CLT MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE AND/OR ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE, (III) THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SITE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(c) CLT HAS NO CONTROL OVER THE BEHAVIOR OF THE GUIDES, GUESTS, OTHER USERS OF THE SERVICES, AND DISCLAIM ANY LIABILITY IN THIS REGARD.
CLT CANNOT CONTROL THE CONTENTS IN THE LISTINGS AND THE CONDITIONS, SUITABILITY OF ANY TOURS. ACCORDINGLY ANY BOOKING IS MADE AT THE TRAVELER’S OWN RISK.
(d) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(f) CLT ASSUMES NO RESPONSIBILITY FOR THE SITE INCLUDING BUT NOT LIMITED TO THE LICENSED CONTENT, ANY SERVICES or PRODUCT DEPICTIONS OR PRICING SHOWN ON THE SITE, TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA.
(g) CLT SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CLT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, DATA INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT BY YOU, ANY OTHER USER OR ANY OTHER THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(h) CLT ACCEPTS NO RESPONSIBILITY FOR ANY SICKNESS, PILFERAGE, LABOR DISPUTES, MACHINERY BREAKDOWN, GOVERNMENT RESTRAINS, ACTS OF WAR AND/OR TERRORISM, WEATHER CONDITIONS, DEFECT IN ANY VEHICLE OF TRANSPORTATION OR FOR ANY MISADVENTURE OR CASUALTY OR ANY OTHER CAUSES BEYOND THEIR CONTROL. THIS IS NOT LIMITED TO, BUT MAY INCLUDE, A) THE CLOSURE OF VENUES WHICH CLT TOURS VISITS, WHERE AND WHEN THE CLOSURE OF THAT VENUE IS OUT OF THE CONTROL OF CLT OR WHERE CLT IS NOT NOTIFIED BY THE VENUE WITH AMPLE TIME TO NOTIFY THE CLIENTS, WHICH MAY BE DUE TO INCLEMENT WEATHER, MANIFESTATIONS AND PROTESTS OR SIMPLY THE LAST-MINUTE DECISION OF THE VENUE. B) THE INABILITY OF OUR TOUR TO ACCESS CERTAIN MONUMENTS/AREAS AND/OR VENUES DUE TO RESTRICTIONS CAUSED BY EXCESSIVE TRAFFIC, INCLEMENT WEATHER, MANIFESTATIONS AND PROTESTS OR DUE TO THAT AREA BEING RESTORED/UNDER CONSTRUCTION OR COVERED/OBSTRUCTED FROM PUBLIC VIEW.