Description of the Rules:
Use of the site and agreement regarding the information contained in it. Please read carefully the terms and conditions of use set out below before using or obtaining any materials, information, products or services through HolidayBlue.ro. By accessing HolidayBlue.ro, you undertake to accept, without limitation or qualification, all of these terms and conditions of use. If you do not accept these Terms and Conditions, please leave the HolidayBlue.ro site.
1. TERMS OF USE The reasons for using cookies are detailed below. This Agreement governs your use of the Internet site located at the address HolidayBlue.ro (hereinafter referred to as “the Site”) and is concluded between the company (as it is named in the Privacy Policy published on this site, hereinafter referred to as “our”, “us”, or “we”) and you, acting on your own behalf or on behalf of a buyer, member or supplier in whose name you have registered (hereinafter referred to as “You”). By using, viewing, transmitting, retaining, storing and / or utilising the site, the services or the functions offered in or by the site, or the content of the site, in any manner, you agree to each of the terms and conditions set out below, and to all of them together, and you waive any right to claim ambiguity or error in this Agreement. We reserve the right, at our sole and absolute discretion, to change, modify, add or delete parts of these terms at any time, without any notice, and, unless otherwise provided, these changes will become effective immediately; you are therefore asked to check periodically for changes to these terms. The fact that you continue to use the site after changes have been made to this Agreement will mean that you accept those changes. You and the company are independent contractors and no agency, partnership, joint venture or employee – employer relationship is intended or will be created by this Agreement.
2. ELIGIBILITY The site is available only to natural or legal persons who can enter into valid contracts in accordance with the applicable legislation. Without limitation, the site and the services offered by the site are not available to minors. The site and the materials located in or through the site are provided by us for information purposes only, in the sense that, by providing these materials, we do not undertake to provide services or advice of a legal or other nature. The information contained in or through the site is based on sources considered to be accurate and reliable, and we have taken reasonable steps to ensure the correctness of the information. However, we do not undertake to guarantee this correctness. These materials have been prepared for us by our staff as well as by other persons.
3. COPYRIGHT This Site, including each of its modules, is the registered property of the company mentioned in the Privacy Policy published on this site. This site and the content presented on this site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the permission of the company mentioned in the `Privacy Policy published on this site, except that you may download, display or print one copy of the materials presented on this site using a single computer, exclusively for your non-commercial use. Unauthorised use of this site and / or of the materials contained in this site may infringe copyright law, trademark law, intellectual property laws or other laws. You must retain any copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of these materials on any other web site or in any other computer network is prohibited. Unless otherwise specified, all names, logos, trademarks, service marks and trade names are the property of the company mentioned in the Privacy Policy published on this site and may not be used by anyone for any purpose without our prior written consent. Below we present a list of the trademarks used on this site which are the property of the company mentioned in the Privacy Policy published on this site HolidayBlue.ro.
4. SUBMISSION OF INFORMATION BY THE USER By submitting any ideas, comments, suggestions or other information to us concerning the improvement of the site and / or of the services related to the site (hereinafter referred to as “the submission”), you accept that such submissions will be considered and will remain the property of the companies mentioned in the Privacy Policy published on this site. No submission will represent any obligation of confidentiality on the part of the company, which will not be obliged to make any submission public. The company will hold all rights relating to the submissions and will have the right to use the submission without restriction, for any purpose, whether commercial or otherwise, without any compensation to you. You also warrant that the holder of any right, including moral rights, in this context, has completely and effectively waived all such rights and has validly and irrevocably transferred to you the right to transfer the ownership rights to the company.
5. CONTENT LINKED TO THE SITE Links to other sites which we consider to be of interest to you are made available to you for your convenience. By making these links available we do not endorse or recommend these sites or the materials contained in or the services offered by them, and we are not liable for these materials, services or for other situations in connection with or arising from any other site. There may be links to other sites, located on the pages of our site, which may take you outside the site. This includes links to advertisers, sponsors and partners who may use our logo as part of a co-branding agreement. These other sites may send their own COOKIES to users, may collect data, request information, or may contain information which you may find inappropriate or offensive. In addition, the advertisers on the site may send users COOKIES which we cannot control. We reserve the right to disable links from any third party to the site. Do not forget that whenever you transmit information online, this information may be collected and used by unknown persons. We cannot guarantee the security of any information you obtain online; you may do this at your own risk.
6. WAIVER, EXCLUSION OF WARRANTY You agree that you use the site at your own risk. The site and any information, content and / or material related to it are provided on an “As is” basis, without warranties of any kind. The company offers no warranty, either express or implied, including but not limited to: the warranty of title or commercial warranties; those arising from statute or from any other legislation or in the course of commercial usage or use; other than those warranties which are imposed and which cannot be excluded, restricted or modified in accordance with the laws applicable to this agreement. No oral statement or any written correspondence or any information provided by the company will create a warranty of any kind, and you must not rely on any such statement or information. Electronic transmissions, including the internet, are public media and any use of these media is public and not private. The information relating to or arising from such media is public and is not personal or private information. We disclaim any responsibility for the accuracy, content or availability of the information found on sites which are linked to the site. The Parties are not responsible for the malfunctioning of telephones, electricity networks, electronic networks, networks, the Internet, computers, hardware or software elements, for their failure, delay or difficulties, for lost, stolen, illegible, incomplete, distorted or mutilated postal messages, email messages, connections or entries, or for the postal charges related to them, for the security of each and all of those listed. Furthermore, the Parties are not responsible for the incorrectness and inaccuracy of the information entered, whether caused by Internet users or by any of the equipment or programs associated with or used by the site or by human errors which may occur in the processing of any information related to the site. You agree that the Parties are not responsible in any way for the injury, loss or damage to your computer or for the interception or use of credit card information, related to or resulting from the use of the site or of any linked or connected sites, services or materials, and likewise are not liable in any way for the injury, loss, claim or damage related to or resulting from any part of the site operating or not operating on computers or networks used by you or communicating with such computers or networks. The site may contain technical inaccuracies or typographical mistakes or omissions. The company is not liable for any error of a typographical, photographic, technical or price-related nature (including, but not limited to, incorrect hotel prices) which appear listed on our site. The company reserves the right to make changes, corrections and / or improvements to the site and to the products or programmes described in such information, at any time, without any notice. We reserve the right to cancel or modify bookings where it is shown that a customer is engaged in fraudulent or inappropriate activities or in circumstances from which it appears that the booking contains or results from a mistake or an error.
7. INDEMNIFICATION You agree to indemnify the companies mentioned in the Privacy Policy published on this site and its subsidiaries, affiliates, directors, agents and employees, held harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party related to or resulting from a breach by you of this agreement or of the documents it incorporates, or your violation of any law or of the rights of a third party. The fact that the company does not act in connection with breaches committed by you or by others does not mean that it waives its rights to act in respect of similar or subsequent breaches. You are fully responsible for maintaining the confidentiality of your password and account and for all activities related to your account. In the event that any Claim is made or any action or proceeding is initiated against the Indemnified Parties, or any of them, arising from or in connection with this Agreement, any of these Parties may, by reasonable notice to you, require you, at your own expense, to oppose that claim or to take over the defence in connection with that action or proceeding and to engage counsel for this purpose, counsel who will be approved in advance in writing by the Indemnified Party, the approval which must mandatorily be given in the case of counsel acting for the benefit of your defenders engaged in such a defence or resistance. You will cooperate with us in the defence against any Claim. We reserve the right, at your own expense, to assume the exclusive defence and control of any matter which is subject to indemnification by you.
8. LIMITATION OF LIABILITY Neither we nor any of our subsidiaries, divisions, affiliates, agents or representatives will be liable to you or to anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages, arising from your access to or use of the site, or from your inability to access the website or any materials, opinions or recommendations of third parties posted on the website. This limitation whether the liability is based on contract, tort, negligence, strict liability or on any other basis, even if we had been advised of the possibility of such damage. In jurisdictions which do not permit the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions will be limited to the extent permitted by law. You waive any and all claims against us and our subsidiaries, divisions, affiliates, agents and representatives, which arise from your use of the website or of any materials, opinions or recommendations made on the site by third parties.
9. RELEASE By using the site, all users acknowledge and agree that the indemnified parties are released, discharged and held harmless from and are not responsible for any liability in respect of all aspects related to the site (including but not limited to any illness, loss, litigation, physical injury, death, damage to property, and claims based on rights of publicity, defamation, or invasion of privacy, reasonable attorneys’ fees and court costs) which may arise from the use of the site or the acceptance, possession, use or misuse of the information, materials, services or products related to them or acquired from them. We reserve the right, at any time and without any liability, to restrict or refuse anyone’s access to the site and to its services, content, materials and functions. We also reserve the right to seek any form of exemption from customs duties, including but not limited to attorneys’ fees in connection with fraudulent or illegal activities related to the use of the site. You accept that there is a possibility that, subsequent to the execution of this Agreement, you may discover facts or claims which were unknown at the time this Agreement was made, and which, had they been known at that time, would have affected the decision to execute this Agreement. You declare and accept that, for the purposes of this Agreement, and of the release contained in this section of the Agreement, you do not assume any risk related to such unknown facts and to such unknown and unexpected claims.
10. ACCESS AND INTERFERENCE You will not use any method of copying the Site or the content or the information (including the Information) contained in it without our prior written consent. You agree not to use any device or program or method which interferes or attempts to interfere with the proper functioning of the Site or of any transaction carried out through the Site. You agree not to copy, reproduce, alter, modify, create derivative works from, or publicly display any element of the Site’s content without the prior written consent of us or of a third party. The information you provide to us (i) must not contain any virus, “Trojan Horses” or other computer programming methods which are intended to damage, interfere with for the purpose of affecting, intercept or expropriate any system, data or information and (ii) will not create liability for us or will not cause losses (in whole or in part) for the services of our ISPs or of other suppliers.
11. TERMINATION These terms are in force until the termination of the Agreement, by either Party. You may terminate these terms at any time by disconnecting from the use of the Site and by destroying all materials obtained from any and all linked sites and all related documents and all copies and installations thereof, whether made in accordance with the terms of the Agreement or in any other way. Your access to the Site may cease immediately without notice from us if, at our own and absolute discretion, we consider that you are not complying with the terms and provisions of this Agreement.
12. APPLICABLE LAW You must comply with all applicable laws, statutes, ordinances and regulations relating to your use of the Site and to your solicitation of offers to purchase and / or sell products and / or services. Any disputes arising from or related to the Site will be governed by the Romanian law applicable to contracts in force and will be settled entirely in Romania. The use of the Site is unauthorised in any jurisdiction which does not give effect to all the provisions of these Terms, including, without limitation, this paragraph. You agree that any legal action arising from or in connection with the terms of this Agreement will be brought before the courts of Romania.
13. COMMUNICATION Questions or comments regarding the Site and the information contained in the Site may be sent to office(a)HolidayBlue.ro. Any communication or material transmitted to us through the Site or Internet email is transmitted on a non – confidential basis.
14. ONLINE PAYMENT METHODS Through HolidayBlue.ro, the services may be paid for using the payment processor Netopia, both by VISA, MASTERCARD, and by holiday cards for certain accommodation units within the site. HolidayBlue.ro sells exclusively accommodation and food services.
15. SERVICE DELIVERY POLICY The accommodation and food services will be delivered according to the user’s order, on the agreed date and according to the order.
16. SERVICE RETURN/CANCELLATION POLICY Accommodation and food services cannot be refunded once consumed. The cancellation of a service is subject to the cancellation conditions in the rate policy. The non-refundable rate policy of the offers presented on our site does not allow the cancellation or modification of the services without a penalty of 100% of the services ordered. Services paid for with holiday vouchers, in card or paper format, cannot be cancelled and cannot be refunded in lei.