travelgreen Terms of Use

Last updated: February 1, 2021

All use of the websites, applications, information, services, and content distributed through or in conjunction with or made available to you is subject to your acceptance of these Terms and Conditions and our Privacy Policy.

The following terms and conditions incorporate a legal agreement between you (“You”) and travelgreen SA (“the Owner”) and set forth the terms and conditions by which the Owner will make the Service available in order to electronically provide You with use of and access to the websites and applications.

The Service

For the purposes of this Agreement, “the Service” shall consist of:

all data and information feeds, media, software, and/or electronic documentation made available or supplied by the Owner or its licensees and
certain other software, data, and/or documents supplied by the Owner or its licensees to facilitate use of such data or services. “travelgreen” means the Owner’s websites and applications that allows You and other authorized licensees to access the Service and make use of it.

Acknowledgement

By accessing or otherwise using the Service, You acknowledge that You:

have read all of the terms and conditions of this Agreement;
agree to be bound by the terms and conditions of this Agreement;
agree to check the websites and applications pages from time to time for any updates or amendments to the terms and conditions of this Agreement; and,
have the power and authority to enter into this Agreement. If You do not acknowledge the above, You may not access or use the Service. If You are dissatisfied with the terms, conditions, rules, policies, guidelines, or practices of the Owner, Your sole and exclusive remedy is to discontinue accessing or otherwise using the Service.

Use of travelgreen content

All content available on travelgreen website and applications , including text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and user look and feel (collectively, the "Content"), is protected by copyright, trademark and other such laws in France and other countries, and is owned or controlled by The Owner or by third parties that have licensed their Content to the Owner. Unauthorized use of the Content may violate copyright, trademark, and other laws. Where a travelgreen website and application is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of travelgreen, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brands.

You may not, without the prior written permission of the Owner, copy on any other server any material contained on any travelgreen website or application. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited, without the express written permission of the Owner. The trademarks, logos and service marks (the "Marks") displayed on the travelgreen websites and applications are owned by the Owner or third parties. You are prohibited from use of those Marks without the express, written permission of the Owner or such third party. If you would like information about obtaining travelgreens permission to use the Content on your website, email team@travelgreen.com

Account registration

To use some of the Services, Users must create a User account to customize their experience, providing all required data or information in a complete and truthful manner.

Failure to do so will cause unavailability of the Services.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by travelgreen.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed, or stolen.

Registration of User accounts on travelgreen is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

Accounts registered by bots or any other automated methods are not permitted.
Unless otherwise specified, each User must register only one account.
Unless explicitly permitted, a User account may not be shared with other persons.

Users can terminate their account and stop using the Service at any time by doing the following:

By using the tools provided for account termination on travelgreen.
By directly contacting the Owner at the contact details provided in this document.

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages, or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content Liability

The Service is provided by the Owner in good faith and although the Owner endeavors to ensure that the Service is accurate and obtained from sources believed to be reliable, the Owner does not guarantee or warrant:

the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of the Service; or
that the Service is free from ... or other material defects.

The Service is provided “as is” and “as available”, without any warranty of any kind and the Owner, its affiliates, agents and/or suppliers, officers, directors, and employees expressly disclaim any and all warranties, whether expressed or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties. In no event shall the Owner be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In no event shall the Owner, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the Service, be liable for indirect, special, punitive, or consequential damages including, but not limited to, lost profits, lost data, or otherwise. In the event the limitations and disclaimers contained in this Article are found by a court of competent jurisdiction to be ineffective or inapplicable, the parties agree that the Owner’s maximum aggregate liability to You and all end users, whether arising in contract, tort, strict liability, or otherwise, shall be limited, and in no event shall it exceed, the amount of fees paid by You for the current term.

The Owner does not represent or warrant that the Service, or access to the Service, will be uninterrupted or ...-free or that ... in the Service will be corrected.

In no event shall the Owner, any of its affiliates, or any of their data providers involved in supplying, developing, operating, or managing the Service be liable to You or to any end users in any manner whatsoever for any interruptions, delays, the unavailability or inoperability, inaccuracies, ..., or omissions, regardless of cause, in the Service or for any losses, damages, liabilities or expenses resulting therefrom regardless of cause, even if the Owner knew or should have known of the possibility of or could have prevented such damages.

You shall indemnify, defend, and save harmless the Owner, its affiliates and subsidiaries, and their officers, directors, employees and agents from any loss, damage, liability or expense (including reasonable attorneys’ fees, accountants’ fees and other legal expenses) to which any of them may become subject to and which are in any way related to or which have arisen under or in connection with:

any act or omission by You or any person connected, affiliated, or associated with You with respect to this Agreement and/or the Service; and/or,
any non-fulfillment or breach of any covenant or agreement on Your part pursuant to this Agreement or any incorrectness in or breach of any representation or warranty made by You contained in this Agreement.

General

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

To learn more about the use of their Personal Data, Users may refer to the privacy policy of travelgreen.

Property Rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to travelgreen are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force. The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

All communications relating to the use of travelgreen must be sent using the contact information stated in this document.

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

These Terms are governed by the law of the following jurisdictions, without regard to conflict of laws principles and rules: France / Tribunal de Grande Instance de Paris

Dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of travelgreen or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document. The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document. The Owner will process the complaint without undue delay and within 5 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts. As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.