Terms of use

Avigo GmbH – Terms of use

(Version 1.0 – 15 January 2018)


These terms of use, as amended from time to time, apply to all visitors of our Website. By using, browsing and/or visiting the Website (either via a mobile, desktop or any other platform including personal tablets) you acknowledge that you have read and agree to these terms of use, our terms and conditions, and our privacy policy (the “Terms”) and you expressly consent and agree to be bound by the Terms and all applicable laws and regulations that govern this Website and your Booking.

Thus, please take a moment to familiarise yourself with our Terms before using the Website. They may have been amended since your last visit. If you do not agree to our Terms please do not visit our Website.


1. DEFINITIONS

For the purpose of these terms of use the following words have the following meanings:

"Avigo", "us", "we" or "our" means Avigo GmbH, a limited liability company duly incorporated in Germany with registration at the local court Cologne under company number HRB 89524 and with its registered office at Schanzenstrasse 6-20, 51063 Cologne, Germany;

Booking” means the binding reservation for the chosen services and products at the moment you click the 'Book Now' button on our Website;

1."Terms" means:

a) these terms of use; and

b) our terms and conditions; and

c) our privacy policy;

"Website" means www.avigo.com (including all sub-pages);

"you" or "your" means any and all persons visiting our Website and named on the Booking and in the booking contact's travel party including any person who is added or substituted to a Booking at a later date.


2. ACCESS TO OUR WEBSITE

2.1 Avigo grants you access to our Website on a temporary basis. We may suspend access to the Website, due to maintenance, security reasons or force majeure with no obligation to reimburse or compensate you for the period in which access was suspended. Access to the Website is strictly controlled by Avigo and Avigo reserves the right to change, modify, substitute or suspend or remove without notice, any information or service from time to time.

2.2 Because of the nature of the internet, we cannot guarantee that our Website will be uninterrupted or that you will always be able to gain reliable access to our Website and we make no guarantees as to its operation, functionality or otherwise. It remains your responsibility for making all arrangements necessary for you to have access to our Website.

3. AVIGO RIGHTS

3.1 Avigo is the owner or licensee of all intellectual property rights on our Website and in material published on it, including the “look and feel” of our Website. These rights are protected by laws and treaties around the world including, but not limited to copyright, design rights, database rights and trade mark laws.

3.2 Avigo is the licensee of several trademarks including but not limited to “Avigo” and the Avigo-Logo. Except where permitted by applicable law, these terms of use, or otherwise set out on our Website, you may not use such trade marks without our prior written permission.

4. YOUR RIGHTS

4.1 You may save one short cut desktop link on your computer, tablet, mobile or other device, to our Website homepage.

4.2 You may download one copy of Website content for your own personal and non-commercial use but you may not remove any trademark, copyright or other proprietary notice. You may not otherwise copy, modify, reproduce, sell, lease, market or distribute the content placed on the Website without the prior written consent of Avigo. You must not use illustrations, photographs, video or audio sequences or any graphics from our Website separately from any accompanying text. You must not remove any indications of ownership from any materials which came from our Website. Where there are no indications of ownership you must acknowledge our status (and that of any identified contributors) as the authors of the material and must not claim it as your own or as that of another. You may only use this Website to make legitimate enquiries or Bookings for yourself or another person for whom you are legally authorised to act.

5. LIMITATIONS OF WEBSITE USE

5.1 You shall not:

(a) post, transmit or disseminate any information on or via this Website which is or may be harmful, obscene, threatening, deceptive, degrading, defamatory or otherwise illegal, or may cause an infringement of the rights of any other;
(b) make any other unauthorised, false or fraudulent Booking;
(c) make any Bookings on this Website with the purpose of reselling such Booking to or for the benefit of a third party;
(d) use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website including, but not limited to, uploading or making available files containing corrupt data or viruses via whatever means;
(e) deface, alter or interfere with the appearance and layout of this Website, any documents or materials which appear on our Website or the underlying software code;
(f) take any action that imposes an unreasonable or disproportionately large load on this Website or related infrastructure;
(g) use the whole or any part of our Website or its contents for any commercial or money-making purpose;
(h) access parts of the Website which are not intended for public use;
(i) attempt to disrupt or interfere with our Website in any way or with another person’s use of our Website, or use our Website as a means of disrupting or interfering with other websites;
(j) probe, scan or test the vulnerability of our Website or any network connected to it;
(k) use any device to obtain any personal or confidential information through our Website;
(l) impersonate any person or entity or misrepresent your affiliation with any person or entity;
(m) deep-link to, copy, monitor, display, download or reproduce any part of our Website (without our express permission to do so).

5.2 All of the above limitations (see clause 5.1) are forbidden regardless of the means used, including but not limited to, hacking or by the introduction of any worms, Trojans, viruses, unauthorised, malicious or harmful code or other harmful software. Some of the acts described above may be criminal acts under the German Criminal Code (StGB).

5.3 Without prejudice to any of Avigo's other rights, Avigo reserves the right to deny access to this Website and/or cancel Bookings and/or remove any postings or material uploaded by you to our Website and/or take legal proceedings against you for the reimbursement of all costs wherever and whenever Avigo believes (at Avigo’s absolute discretion) that you are in breach of any of the Avigo Terms. In certain circumstances we may also give information to law enforcement authorities in line with our privacy policy.

6. THIRD-PARTY LINKS AND SERVICES

6.1 Our Website may contain links to third-party websites, advertisers, products, services, or other events or activities that are not owned or controlled by Avigo (collectively, "Third-Party"). Avigo does not endorse or assume any responsibility for any such Third-Party websites, information, materials, products, or services. If you access a Third-Party website from the our Website or use a Third-Party service, you do so at your own risk, and you understand that our Terms do not apply to your use of such Third-Party websites or services. You expressly relieve Avigo from any and all liability arising from your use of any Third-Party website, service, or content.


7. LIMITATION OF LIABILITY

7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN OUR TERMS, IN NO EVENT SHALL AVIGO, ITS SUBSIDIARIES, AND THEIR RESPECTIVE BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATUTORY DUTY, OR OTHERWISE FOR ANY

(a) DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES;

(b) LOSS OF PROFITS, GOODWILL, USE, DATA THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR WEBSITE.

UNDER NO CIRCUMSTANCES WILL AVIGO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR THE INFORMATION CONTAINED THEREIN.


7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVIGO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;


(b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE;

(c) UNAUTHORIZED ACCESS TO OR USE OF OUR SYSTEMS OR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;

(d) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;

(e) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY

(f) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE;

(g) USER CONTENT OR

(h) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY.

7.3 THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR ANY OTHER BASIS AND EVEN IF AVIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.