Terms & Conditions
These Terms and Conditions (these “Terms”) apply to the use by any party (“Client,” and, as applicable, “you,” or a similar construction) of the website and related online information and transaction platform (the “Website”) provided by Apa Digital AG, Siebnen (Switzerland), a corporation established under the law of Switzerland with a principal address of Bahnhofplatz 6, CH-8854 Siebnen and being registered in the Commercial Register of the Canton of Schwyz, registration number CH20.3033.676, d/b/a Rough Guides (“Rough Guides” or “we” or “us” or a similar construction).
In addition to these Terms and Conditions, Swiss Federal Law on Package Travel (SR 101) is applicable to the bookings of Holiday Packages and the Swiss Federal Law on Mandates (SR 220, Part. 14) applies to Single Service purchases (as each of the capitalized terms is defined below).
We may revise these Terms (“Revised Terms”) at any time without notice to you by posting Revised Terms on the Website. Such Revised Terms shall be effective as to all use of the Website from and after their posting, and your sole remedy should you disagree with any Revised Terms shall be to cease to use the Website.
These Terms & Conditions were last updated on September 26th 2018.
Approval of Terms and Conditions
By viewing, using, or otherwise interacting with the Website, you agree to be bound by these Terms. If you do not agree to any of these Terms, please do not use the Website or any other service offered electronically by Rough Guides.
Access and Use
By using this Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are thirteen (13) years of age or older; and (d) your use of the Site does not violate any applicable law. We reserve the right to terminate the accounts and remove the profiles of any users that we believe have breached these Terms and Conditions.
Copyright and Trademarks
The information and materials appearing on the Site (“the Content”) are displayed for personal, non-commercial use only.
All software used on this Site and all Content included on this Site including, without limitation, site design, text, graphics, audio and video and the selection and arrangement thereof but excluding any User Generated Content (see below) is the property of Apa Digital AG or its suppliers and is protected by international copyright laws.
None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes the downloading of one copy of extracts from the Site on any single computer for personal, non-commercial home use only, provided that all copyright and proprietary notices are kept intact.
Modification of any of the Content or use of any of the Content for any purpose other than as set out herein (including without limitation on any other website or computer network) is prohibited.
Requests to republish any of the Content and to use quotations or extracts from any books published by APA Digital AG should be addressed to [email protected] The names “Rough Guide”, “Rough Guides” “The Rough Guide” “The Rough Guides” and the running man logo are trademarks of APA Digital AG.
Information and Services For Holiday Packages and other Travel
The Website provides, among other things, information pertaining to holiday or vacation travel packages (”Holiday Packages”) and/or single travel services (“Single Services”) offered by third parties (“Tour Providers”), and in many cases, allows a Client to request a booking from, and process payments to, Tour Providers, through the Website.
Holiday Packages” means a pre-arranged combination of at least two of the following: (a) transport (b) accommodation or (c) another tourist service forming a significant part of the Client’s booking, where those two or more components are sold to the Client as a whole at the same time on our online platform at an all-inclusive price including VAT.
Use of Information Free of Charge; Termination of Service
Use of the Website is presently free of charge for accessing, reading and browsing Rough Guides’ travel information and/or to request and confirm a booking of Holiday Packages with a Tour Provider. We reserve the right to modify our charges or policies regarding use of the Website at any time by posting such modifications on the Website.
Rough Guides may be compensated by commissions or other amounts from Tour Providers (or related parties) relative to the offering of these services and the processing of booking requests and payments, and you acknowledge you have been informed of such relationships.
Rough Guides reserves the right to terminate any person’s access to the Website at any time, for any reason, and without notice.
Information on Website; No Representations
“Information pertaining to destinations, Holiday Packages, and Single Services (“Tour Information”) is provided by Tour Providers and other third parties. Tour Providers are individually responsible for updating all pricing, rates, charges, applicable taxes, rules, and regulations, and all other Tour Information, pertaining to their particular service offerings displayed on the Website. As such, you acknowledge that Rough Guides has no responsibility for the accuracy or other characteristics of any Tour Information, and you agree that solely the applicable Tour Providers are responsible therefor.
Although we use reasonable care in updating and maintaining the Website, we cannot guarantee that all information is accurate, updated, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Website or otherwise), inaccurate, misleading or untrue information or non-delivery of information.
The Website may contain links to websites controlled by parties other than Rough Guides (“”Third-Party Websites””). Rough Guides is not responsible for the availability of, contents on, charges incurred on, or your other use of, Third-Party Websites. Rough Guides provides links to Third-Party Websites solely as a convenience to Clients, and the inclusion of any link does not imply endorsement by Rough Guides of a Third-Party Website. You bear all risks associated with Third-Party Websites, and Rough Guides is not responsible for any claim, loss, or damage relating to or arising out of any Third-Party Website or your use thereof.
Rough Guides hereby disclaims all warranties, including without limitation the warranties of merchantability or fitness for a particular purpose, relating to the Website, any Tour Packages or Single Services, or any Tour Information or other information available on or through the Website. We do not warrant that the Website operation will be uninterrupted, error free or that any information or other material accessible from the Website is free of viruses and/or other harmful components. The Website is provided on an “”as is”” and an “”as available”” basis. Each Client assumes all responsibility and takes the sole risk for the use of the Website and using the services offered from the Website.
Rough Guides is not responsible for any errors, omissions, late or missing updates, misleading information provided by Tour Providers or other third parties, and we disclaim, to the maximum extent permitted by law, all express and implied warranties and all other responsibilities in connection with such information.
All photographs used are for the purposes of illustration only and should not be taken to be literal representations of actual facilities, accommodations or services offered unless otherwise advised.
Links to third party web sites
The Site may include links to third party websites that are controlled and maintained by others. These links should not be interpreted as an endorsement by APA Digital AG of the sites linked or referred to, nor does APA Digital AG have any control over the content of any such sites. APA Digital AG will not be liable for any loss or damage that may arise from your use of such websites.
Every effort has been made to ensure that the information on the Site is as up-to-date as possible. Some details, however, such as telephone numbers, opening hours, travel information and website addresses are liable to change. APA Digital AG does not accept any responsibility for any consequences arising from the use of this information, nor for any material on third party websites and cannot guarantee that any third party websites listed will be a suitable source of travel information.
In addition, we have made every effort to ensure that any content sent to and displayed on the website from users, members and other third parties is appropriate to this website, however we cannot guarantee 100% accuracy, or that it is a suitable source of travel information. However, we value your comments, views and suggestions very highly so feel free to contact us at [email protected]
The Site is provided by APA Digital AG in good faith but APA Digital AG does not make any representations or warranties of any kind, express or implied, in relation to all or any part of the Site or the Content or any websites to which the Site is linked, and all warranties and representations are hereby excluded to the extent permitted by law.
There is no guarantee that the Site will be free of infection by viruses or anything else which may be harmful or destructive. To the extent permitted by law, APA Digital AG hereby disclaims all liability (howsoever arising) in connection with any loss and/or damage, arising out of or in connection with any use of, or inability to use, all or any part of the Content, the Site and/or any website to which the Site is linked, or any action taken (or refrained from being taken) as a result of using any of these.
Ratings and Client Reviews
The ratings of Holiday Packages, their components, and Single Services are based on the reviews of Clients, and should be regarded as survey results, obtained without any further commercial offer or incentive in order to maintain the objectivity of such ratings to the maximum extent possible. We offer these ratings, as-is, without any representation, warranty, or other obligation on our part, as a service to Clients. We reserve the right to refuse or remove information and/or reviews at our sole discretion, but we have no obligation to do so.
The information presented on the Website does not constitute and may not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Tour Provider or any Holiday Packages and/or other tourist services.
Client/ Website User Obligations
Each Client who purchases a Holiday Package or Single Service is personally responsible to follow the requirements outlined by the Tour Provider and/or the local authorities for such service. These requirements may include, without limitation, passport and/or visa requirements, compliance with customs, requirements pertaining to personal health, and rules and processes established by Tour Providers relative to participation in given tour services.
Each Client is also responsible for timely arrival at the embarkation/departure point and each meeting point during the Holiday Packages indicated by the Tour Provider.
To utilize certain features of the Website, we may require you to register a user account or otherwise provide a valid email address or other contact information. You warrant and represent that the information you submit to us is true and accurate. Your failure to submit true and accurate information may result in termination of your account or loss of your bookings, and Rough Guides reserves all remedies with respect to any false information submitted to us and/or the Website.
Please be sure to keep your user and account information, including but not limited to your log-in information, secret, as unauthorized access to your account may result in charges for transactions that you did not intend to incur and for which you will be held responsible. We strongly suggest that you do not grant anyone else access to your login credentials. You will be held liable for all use or misuse of the Website under your login credentials. Rough Guides will never email you a request to disclose your login information via email or email links at which you will be prompted to submit the same. It is always best for you to type in the URL for any website, including the Website, directly into your browser.
You may not engage in any activities (the “”Prohibited Activities””) which are malicious, intrusive, invasive, illegal, and/or infringing, or in violation of these Terms, including but not limited to: (i) mining for email addresses or other contact information; (ii) sending or posting unsolicited marketing or sales solicitations or spam; (iii) impersonating another person or entity; (iv) misrepresenting your role with any organization; (v) attempting to discern the log-in credentials or account information of another user; (vi) selling or distributing email addresses or other contact information; (vii) distributing malicious technologies such as viruses, malware, spyware, or adware; (viii) perpetrating hoaxes or pyramid schemes; (ix) interfering with another’s use or enjoyment of this Website; (x) attempting to hack, trespass, or acquire unauthorized access to any portion of this Website, including but not limited to any servers, networks, third-party hosts, and/or comparable equipment in connection thereto; (xi) attempting to interrupt the Website’s normal functionality, including but not limited to a distributed denial-of-service attack or related, disruptive interactions; and/or (xii) posting or distributing any copies or knock-offs of any portion of this Website without the express, written consent of Rough Guides, including but not limited to “”phishing”” or “”pharming”” sites.
We do not want you to submit confidential, proprietary, and/or infringing information to the Website or to us. All comments, feedback, information or material submitted to Rough Guides shall be considered non-confidential and may be used or distributed by Rough Guides for any purpose, without further compensation to you. Such submissions may become publicly available, and you waive all moral or personality rights associated therewith. Further, you grant Rough Guides an irrevocable, worldwide, perpetual license to use any and all information or materials submitted to the Website, including “”for profit”” purposes such as advertising and promotional purposes, through all media (now existing or hereafter developed) and any manner, throughout all time.”
All Inclusive Prices; VAT
Rough Guides does not participate in, or influence, setting or adjusting prices. All prices, charges, and other amounts indicated on the Website or in the services offered by the website are set by the Tour Provider, and are all-inclusive, including VAT, unless otherwise stated on the Website or in the confirmation message from the Tour Provider, and you agree that Rough Guides has no responsibility with respect to the accuracy of such information or whether a given Tour Provider honours such prices. Certain special offers and promotions may be available only for a limited time or only under certain noted circumstances. Price errors and mistakes (including misprints) are not binding.
Rough Guides is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the Holiday Package and/or other tourist services to the relevant tax authorities, and each Client agrees that solely the Tour Provider is responsible with respect to the calculation and payment of any applicable taxes. Rough Guides provides only the processing platform for charges uploaded by Tour Providers.”
Bookings of Holiday Packages on Rough Guides
By submitting a booking inquiry through Rough Guides, the Client is initiating a process that will, if the Client and the Tour Provider complete the process, result in the Client’s entry into a direct (legally binding) contractual relationship with the respective Tour Provider according to its terms and conditions. Rough Guides always and only acts as an intermediary between the Client and the Tour Provider, as the booking and payment processing agent (as applicable) of the Tour Provider, but never as a principal to the transaction. You agree that Rough Guides’ role is limited to the foregoing.
Rough Guides reserves the right to review and validate each Client’s booking request made through the Website, and may communicate with you to verify and correct any enquiry. Rough Guides will use reasonable efforts to forward each valid request (as determined by Rough Guides in its sole discretion) to the respective Tour Operator. Once an enquiry has been forwarded, the Tour Provider will ordinarily respond promptly through the Rough Guides messaging system with proposed booking and trip details, pricing, Tour Operator or other applicable terms and conditions, and other relevant information (a “Booking Proposal”).
If the Client wishes to accept the Booking Proposal, the Client must clearly accept the Booking Proposal through our messaging system. Following the Client’s clear acceptance, the Tour Operator will confirm availability of the services as described in the Booking Proposal and then the Client will receive, through the Rough Guides messaging system, a payment link for the processing of the Client’s payment to the Tour Provider (the “Payment Request”). To complete the purchase of services described in a Booking Proposal, the Client must promptly (and in any event within the time period stated in the Payment Request) pay all amounts required under the Payment Request.
Upon confirmation and clearance of the first amount required to be paid by the Client in the Payment Request, which amount may be either a deposit or the entire price, as indicated in the Payment Request, the Tour Provider will issue, through the Rough Guides messaging system, a confirmation of payment and booking, and upon such confirmation, the Client and the Tour Provider shall be deemed to have entered into a legally binding contractual relationship for services according to the applicable Booking Proposal. The Client and the Tour Provider may continue to use the Rough Guides messaging system for additional details after the services have been legally committed as between the Client and the Tour Provider.
A Tour Provider may (a) modify or withdraw any Booking Proposal until the Payment Request has been fully paid, and (b) deny a booking request for any reason in its discretion, including if the Client is legally not capable to enter obligations on his or her behalf.
If the specific booking request or Booking Proposal cannot be confirmed due to technical reasons, the Tour Provider may contact a Client with an equal or similar offer. The Client is free to accept this offer. If the Client does not accept such an offer, no charge will be assessed.
Invoice, Payment, and Payment Cards
If, as above, the Client timely accepts the terms of a Booking Proposal, the Tour Operator will provide a payment link to Rough Guides’ payment processing system. Rough Guides will use reasonable efforts to process the applicable charges on the Client’s payment card, as payment processing agent for the Tour Provider. Rough Guides may, on behalf of the Tour Provider, send the client an invoice or other record of billing and payment processing.
Payment Requests may require full payment for a Single Service or Holiday Package, or the applicable Tour Operator may require payments to be made in periodic installments, as specified in a Booking Proposal. Client agrees to Rough Guides’ automatic processing of each payment as specified in each Booking Proposal the Client has accepted and each Payment Request, including without limitation any recurring payments. Except for the initial payment pursuant to the Payment Request, Rough Guides will provide the Client notice, through its messaging system, prior to each installment payment. The Client must ensure that all payment card or other payment information remains up to date. Failure to submit all installments may result in the cancellation or delay of a booking, among other remedies.
Rough Guides disclaims all responsibility or liability for any problems arising out of the processing of payment card charges and, if any payment card charge fails to process, the Client’s booking may be rejected and the Client may be required to repeat the process of enquiring for a Booking Proposal and submitting payment therefor. Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are at the Client’s risk and may result in cancellation or rejection by the Tour Provider. In such case, the Client may not be entitled to refund of any prepaid amounts if so provided in the policies of the applicable Tour Provider.
Some of Rough Guides’ arrangements with Tour Providers allows Rough Guides, as additional security for the Client, to retain some or all of the Client’s paid funds (in addition to any commission or reimbursement of expenses payable by the Tour Provider to Rough Guides) for a period of time prior to the commencement of the applicable Holiday Package or Single Service, thereby allowing for expedited refund processes should the Tour Provider fail to perform its obligations or to issue appropriate confirmations, provided that arrangements with Tour Providers vary and Rough Guides cannot guaranty such security for all Clients and with respect to all Holiday Packages or Single Services, but will use reasonable efforts to provide such security where possible and appropriate. You understand this is not a legally binding security guarantee, but simply an additional security service which Rough Guides may be able to offer in some circumstances.
All payment card fraud, unauthorised payment card use, or similar circumstances should be reported to the payment card issuer in accordance with its reporting rules and procedures. In addition, if you notice any unusual or unauthorized activity with respect to any charges on your payment card relative to any bookings through the Website, you should immediately contact Rough Guides by email to [email protected] with ‘credit card fraud’ in the subject line, and provide us with all information and details of such activity.
The protections offered by Rough Guides pertain only to payment card bookings made on the Website using our secure server. We cannot offer any service whatsoever with respect to payments made directly to Tour Providers or other third parties.
Each Client is responsible to acquire insurance or otherwise cover travel risks such as medical, accident, property, repatriation and cancellation.
Tour Provider Terms
The general cancellation and no-show policy of the applicable Tour Provider is made available on the Website during payment checkout, and may also be set forth in Booking Proposals provided to the Client. Each Client is responsible to be aware of the booking policies of the applicable Tour Provider, especially the pre-payment, cancellation and the no show policy of the Tour Provider, thoroughly prior to accepting a Booking Proposal or making payment to confirm the same.
By accepting a Booking Proposal and submitting payment under a Payment Request to the Tour Provider on the Website, the Client accepts and agrees to the relevant cancellation and no-show policy of the Tour Provider, and to any additional terms and conditions of the Tour Provider that may apply to the Client’s booking. If the Client wishes to review, adjust or cancel a booking, the Client must revert to the Booking Proposal or Payment Request from the Tour Provider and follow the instructions therein. The Client may be charged for cancellation in accordance with the Tour Provider’s cancellation, (pre)payment and no-show policy. Rough Guides is not involved in the policies and rules that apply as between a Client and the Tour Provider relative to booked Holiday Packages or Single Services.
As you may be aware, certain laws require that information, such as legal notices and/or disclosures, relating to you be provided or made available in writing (“”Records””). Your privilege of being a Website user, holding an account, or (as applicable) using the Website is conditioned upon your consent to Rough Guides’ policy of providing only electronic Records, when required by applicable law, to your registered contact email address. You further agree that if such electronic notice or other Records are sent by Rough Guides to your registered contact email address, you are deemed to have received such notice in a legally effective manner. While generally you do have the right to have Records provided or made available on paper or in non-electronic form, and the right to withdraw your consent to have the Records provided or made available in electronic form, your sole method of withdrawing such consent is to cease to use the Website.
Disclaimer and Limitation of Liability
Rough Guides is neither directly nor indirectly organizing Holiday Packages nor any other tourist services. You acknowledge and agree that all such services are provided by the Tour Providers and other relevant third parties, and while Rough Guides will use reasonable efforts to support Clients regarding problems with Tour Providers and Holiday Packages as otherwise described herein, each Client agrees to look solely to the Tour Provider for any legal redress relative to the bookings enquired about or obtained through the Website or otherwise through Rough Guides.
Rough Guides hereby disclaims and excludes any liability arising out of the Website, any Client’s use of the Website, any bookings enquired about or obtained through the Website, or with respect to any Holiday Package or Single Service, to the fullest extent permissible by applicable law, including without limitation Swiss law. You agree that, to the maximum extent provided by law, Swiss law will apply to the transactions involving Rough Guides, to your use of the Website and the services offered by Rough Guides, and to the application and interpretation of these Terms. Local Tour Provider law may apply to any claims between a Client and a Tour Provider, as provided in the Tour Provider’s rules and policies provided to each Client with a Booking Proposal or Payment Request.
You agree that Rough Guides’ sole role is as host of information provided by Tour Providers and payment and booking processing agent on behalf of the Tour Provider. You agree that Rough Guides is neither a principal to any booking or Holiday Package transaction nor liable for any aspect of the Holiday Package, the Tour Provider’s conduct, or any failure on the part of the Tour Provider.
The sale of Holiday Packages will be governed by the Tour Providers’ terms and conditions and any claims arising out of a Holiday Package, Single Service, or a Tour Provider’s conduct must be claimed solely against the Tour Provider. Accordingly, to the extent permitted by law, neither Rough Guides, nor any of the company’s officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for any direct and/or indirect damages to the Client and/or any other third parties, including without limitation for (i) any special or consequential losses or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates and ratings) of the Single Services or Holiday Packages as made available on the website, (iii) the services rendered or the products offered by the Tour Provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by the client, pursuant to, arising out of or in connection with, the use, inability to use or delay of the Website, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential) damages, losses or costs suffered, incurred or paid by the client, whether due to acts, errors, breaches, negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Holiday Packages or Single Services or any of the Tour Provider’s other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond Rough Guides’ control.
In no event shall Rough Guides be liable for any demand, injuries, losses, claims, damages or any direct, incidental, special, consequential damages or economic loss, including but not limited to loss of profits or savings arising out of or in any way connected with the use of any data or information services displayed on the Website.
In case any or all of the above limitations or disclaimers of liability are unenforceable for any reason, you agree that the maximum you may claim against Rough Guides shall be an amount equal to US$25.00.”
Intellectual Property Rights
The Website, including all of its functions, features, and content, is owned and operated by Rough Guides or its licensors. All right, title and interest in and to the features, functions, look-and-feel, and materials displayed, published, downloaded, or otherwise provided on or by the Website, including but not limited to information, documents, logos, graphics, sounds, images, software, and other content (collectively, the “”Materials””) are owned by Rough Guides or by its respective third-party licensors. Except as otherwise expressly permitted by Rough Guides in writing, none of the Materials may be copied, reproduced, republished, framed, timeshared, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on the Website shall be construed to confer any license to such effect or to any of Rough Guides’ intellectual property rights in the Materials or the Website, whether by estoppel, course of dealing, or otherwise. Any rights not expressly granted herein are reserved by Rough Guides.
You agree not to use or launch any automated system, including without limitation, “”robots,”” “”spiders,”” “”offline readers,”” etc., that access the Website in a manner that sends more request messages to the Website’s servers in a given period of time than a human would produce in the same period by using a conventional web browser. Rough Guides allows the operators of bona fide public search engines to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials which prominently link back to the Website source, but not caches or archives of such materials, nor for redisplay on any website, for use with deep-links, or other publication except a bona fide search engine. Rough Guides reserves the right to revoke these exceptions either generally or in specific cases, depending on the nature of use.
TERMS AND CONDITIONS OF EBOOK SALE AND PURCHASE
Please read through the following Terms and Conditions of ebook Sale and Purchase (“Terms”) carefully. They comprise the terms on which you are permitted to purchase items from the Apa Publications UK Ltd. (“us”, also referred to here as “we”) on this website (the “Website”). If you submit an order for any item advertised for sale on this Website, this shall be taken to constitute acceptance by you of these Terms:
FORMATION OF CONTRACT OF SALE
1. If you wish to purchase any of the items for sale on this Website, you must submit a completed order form. Your order will not be accepted unless you place us in a position of being able to receive full payment for your order at the time we accept it. If we agree to accept your order, we will confirm this by email (the “Confirmation”) and will supply the items you have ordered (the “Product”) to you in accordance with the Confirmation and with these Terms.
2. The sale and purchase of Products via this Website will be governed by a contract between you and us formed when you have placed an order, your order has been accepted by us and we have sent you Confirmation of this (the “Contract”). Please note that, as soon as you complete your payment, your order will be sent to our processing server and we will be unable to prevent your items being dispatched to you.
3.The terms of the Contract will comprise these Terms, as amended or updated by us from time to time, and the prices (subject to clause 10 hereof) and other relevant information about the Products published by us on this Website at the time the Contract is formed.
4. We reserve the right to change these Terms at our discretion. We agree to ensure that a note of the date and clause number of any such changes will be included as part of these Terms. Any changes will be posted to the Website and it is your responsibility to ensure, from time to time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to shop on the Website after that time.
5. You acknowledge and agree that, in entering into a Contract, you do not rely on and have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) which is not expressly set out or referred to in the Contract. This is not intended to limit or exclude liability for fraud on our part.
ORDERS AND QUOTES
6. You acknowledge that all information and specifications relating to the Products and any material produced by us are approximate only.
7. We may correct any error in any unconfirmed order, sales literature or other document or information issued by us or placed on this Website without any liability.
8. We may make any changes in the specification of the Products to conform with any applicable safety or other statutory or European Union requirements which do not materially affect their quality or performance.
NO RIGHT OF WITHDRAWAL
9. (a) When purchasing an eBook available for immediate download, you confirm by clicking on the ‘Proceed to PayPal’ button that you agree that such eBook should be downloaded immediately and you agree that your rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel the order within the 14 day Cooling Off Period shall not apply. Unfortunately we are unable to delay the download of Digital Goods until the ‘Cooling Off Period’ has expired and so should you not wish to waive your rights under these Regulations in respect of such Digital Goods then you should not proceed with the purchase.
9. (b) If your eBook is defective, please contact us via the email address: [email protected] We reserve the right to check if the Digital Goods are defective before agreeing to reimbursement and to ask for proof of defect. We may refund you the cost of defective eBook at our sole discretion and any such refund shall be made to the card with which you paid for your order and not in cash.
10. (a) The price of each Product shall be the recommended retail price for that Product that is quoted on this Website on the date you place your order, subject to any inadvertent pricing errors (whether technical or otherwise) by us, unless a special promotional price or other discounts are stated on the Website in respect of a Product.
10. (b) Where a variety of discounts apply (though promotional offers and/or personal discounts available to you) only one discount can be used against each Product. The Website will automatically apply the most advantageous discount to you, provided you enter all discounts to which you are entitled on the order form.
11. The method of delivery applicable will be those quoted on this Website on the date of the order. The delivery address for an eBook will be the installed reader on your computer and there will be no charge for postage, packaging or delivery.
12. The stated price of the Products is inclusive of any applicable Value Added Tax.
13. We reserve the right to revise the price of any items on this Website without notice. We also reserve the right to refuse to supply to you, whether you are an individual or company, for whatever reason.
14. Credit card and debit card payments will be processed on the date on which we dispatch your order.
15. The credit cards and debit cards that we will accept are those listed on this Website on the date on which we accept your order.
17. The time and method for delivery will be at our discretion. The place of delivery will be the the installed reader on your computer or device. Time for delivery shall not be of the essence.
18. From time to time, we may make certain Products available to be pre-ordered for a set period before their launch date. As with any other order, payment for pre-ordered Products shall be processed on the date of dispatch. The price charged for pre-ordered Products shall be the price of the relevant Products as stated on this site on the date of dispatch. In the unlikely event that the price of the relevant Product is greater on the date of dispatch than its price on the date that the pre-order was placed, you may request a refund of the difference between these prices by contacting our customer services as set out here.
RISK AND OWNERSHIP
19. Risk of damage or loss of the Products shall pass to you on delivery or, if you fail to take delivery of the Products, at the time when we have tried to deliver the Products.
20. Title in any eBooks shall remain with Apa Publications UK Ltd. at all times.
21. All intellectual property and other proprietary rights (including, but not limited to, brand names, product names, copyright and trade marks) and all technical, business or similar information (including, but not limited to, all designs, documents and other materials relating to the Products) used in the Products (together “the Intellectual Property”) are and shall remain the property of us or of our licensors.
22. Other than as stated in Clauses 23 and 24 below, we do not grant permission for the use of the Intellectual Property and such use may constitute an infringement of the holder’s rights.
23. All Website design, text and graphics appearing on this Website and the selection or arrangement thereof are the copyright of us or of our licensors. Permission is granted to print once in hard copy portions of this Website for the sole purpose of placing an order with or using this Website as a shopping resource. Any other use of materials on this Website (including reproduction for purposes other than those noted above and modification, distribution, or republication in any form or media) without our prior written permission is strictly prohibited.
24. In the case of eBooks, permission is granted to download your eBook to any installed readers on your devices for your personal use at any time, provided that:
(a) the eBook and its associated download link is not distributed or transmitted over any network or communication link
(b) the eBook is used for personal entertainment only;
(c) the eBook is not copied or modified in any way;
(d) you do not remove any copyright or other proprietary notices contained in the eBook.
This permission granted to you may not be transferred to a third party, nor may you sublicense any of your rights under it.
This permission is effective until terminated. You can terminate it at any time by destroying the eBook. It will also terminate automatically if you fail to comply with any part of this Clause 24. You agree to delete the eBook immediately on any such termination.
25. We are the owner of the Rough Guides trademarks and get-up. Any other trademark materials, including, but not limited to, product names and company names or logos cited herein are the property of their respective owners.
LIMITATIONS ON LIABILITY
26. We shall not be liable in respect of any defect in the Products arising from your neglect, failure to follow our instructions, misuse or improper alteration or repair of the Products.
27. Nothing in these Terms shall exclude or limit our liability arising by virtue of the Consumer Protection Act 1987, or our liability for fraud or for death or personal injury caused by our negligence, or any other liability to the extent that we cannot so exclude or limit such liability as a matter of law.
28. Where the Products are sold under a “consumer transaction” (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), your statutory rights are not affected by these Terms.
29. Save as expressly provided in these Terms, and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), the Products are provided on an “as is” basis and all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and we will not be liable to you for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on us by operation of law.
30. We will not be liable for any of the following losses which may arise by reason of any breach of a Contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on us by operation of law:
(a) any loss of anticipated profits or expected future business;
(b) damage to reputation or goodwill;
(c) any damages costs or expenses payable by you to any third party;
(d) loss of any order or contract; or
(e) any loss that was not foreseeable by you and Apa Publications UK Ltd. at the time our Contract was formed; or
(f) any loss not caused by any breach on the part of Apa Publications UK Ltd.
31. Without prejudice to any other provision of these Terms, we will not be in breach of the Contract for any delay in performing, or failure to perform, our obligations under it if that delay or failure was due to any cause or circumstance beyond our reasonable control. This clause does not affect your statutory rights.
32. We are providing the Website on an “as is” basis and we make no representations or warranties of any kind with respect to the Website or its contents and disclaim all such representations and warranties.
WITHDRAWAL AND USE OF PRODUCTS
33. We may withdraw from the market any Products that we produce or generally supply without prior notice, or liability, to you.
34. If we provide you with information about the use for which the Products are designed and about any conditions necessary to ensure that the Products will be safe, then you must use the Products accordingly.
35. Any notice required under these Terms must be in writing. In our case it must be addressed to our registered office or principal place of business or any other address that we notify to you from time to time whether on the Website or otherwise. Any notices to you will be sent to your usual billing address.
Any notice shall be deemed to be served:
(a) if sent by pre-paid first class post to the party to whom it is given, on the second working day after posting; or
(b) if sent by pre-paid air-mail post to the party to whom it is given, on the seventh working day after posting; or
(c) if sent by fax to the recipient’s fax number at the date and time given on the sender’s transmission acknowledgement slip or (in the case of manifest error or loss of the slip) on receipt.
36. If any of these Terms is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
37. Each Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts if there are any disputes between them of any kind.
38. Failure or neglect by either party to enforce at any time any of these Terms shall not be a waiver of that party’s rights and it shall not affect the validity of the whole or any part of these Terms or the Contract or prejudice that party’s right to take subsequent action.
39. Nothing in these Terms is intended to confer on any third party any benefit or any right to enforce any of these Terms.”
Miscellaneous and Applicable law
“The original English version of these Terms and Conditions may have been translated into other languages. The translated version is a courtesy and the Client cannot derive any rights from the translated version. In the event of any disputes about the contents or interpretation of these Terms and Conditions or inconsistency or discrepancy between the English version and any other language version of these Terms and Conditions, the English language version shall always prevail and shall be applied.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, the Client and/or the Tour Provider shall remain bound by all other provisions hereof and they will be obliged to agree to a valid, enforceable and binding provision, given the contents and purpose of these Terms and Conditions.
These Terms and Conditions and the provision of our services shall be governed by and construed in accordance with Swiss material law. Any disputes arising between any Client and Rough Guides in connection to these Terms and Conditions and with respect to Holiday Packages and the services shall exclusively be submitted to the competent Ordinary Courts at Lachen (Switzerland).”
About the Owner of Rough Guides
The online platform Rough Guides and its infrastructure are fully owned and operated by Apa Digital AG, Siebnen (Switzerland), which is a company, incorporated under the laws of Switzerland having its offices at Bahnhofplatz 6, CH-8854 Siebnen and being registered in the Commercial Register of the Canton of Schwyz, registration number CH20.3033.676.
“Rough Guides” is an internationally registered and protected trademark fully owned by Apa Digital AG. The domain hamak.info is also owned by Apa Digital AG.
Apa Digital AG is member of the Apa Publications Group, which is well known as a Book Publisher of “Rough Guides”, “Insight Guides” and “Berlitz” travel guides, phrasebooks and language titles.
Apa Publications has its Headquarters in London and offices in Singapore and Warsaw.
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