Terms of Use

Last Updated 23rd January 2010

About the Site

The Terms and Conditions (the ‘Terms’) described herein govern your use of any site under the domain vidalocatravel.co.uk (‘Our Site’). Usage of Our Site predicates that you agree to the Terms and have the power and authority to perform under the Terms. If you do not accept the Terms in full, you should not use Our Site. Vida Loca Travel Limited (‘We’ ‘Us’ ) reserve the right to change the Terms at any time, it is your responsibility to review the Terms regularly. Your continued use of Our Site constitutes your acceptance to such changes. You may also view our privacy policy here

Vida Loca Travel Limited is not a Travel Agent. It is a platform that allows you to learn about other Users of Our Site (‘User’). Our Site advertises holidays, travel, tours, and other travel related services, herein known as “Holiday Services” that may be of interest to our Users through the inclusion of information and links to third party travel sites (‘Third Party Holiday Advertisers’).

Registration

In registering with Us you also agree to:

• Provide and maintain accurate personal details as may be prompted by the registration form on Our Site; 
• Maintain only one account; 
• Maintain the security of your password and account; 
• Be fully responsible for all use of your account.

User Content

Your “User Content” means material (including, but without limitation, personal information, text, images, audio, video and audio-visual material) that you Post to Our Site, for whatever purpose. In context of the Terms, ‘Post’ means any User Content that you upload, post, email, transmit, publish or otherwise make available through Our Site.

You are solely responsible for the User Content that you Post on Our Site. User Content Posted by other Users including without limitation opinions and advice are solely the responsibility of such User. You agree that We will be in no way liable for any User Content or for any loss or damage of any kind incurred as a result of any User Content Posted on Our Site.

You agree that you will ensure that all User Content that you Post:

• will not infringe upon or violate the rights of any third party, including without limitation intellectual property, contractual, privacy, publicity or trade secret rights;
• is not unlawful, defamatory, libellous, threatening, vulgar, hateful, harmful, abusive, inflammatory, harassing, fraudulent, racially ethnically or otherwise objectionable or inappropriate; 
• does not contain commercial advertising;
• is not pornographic or adult in nature; 
• is not invasive to another’s privacy, including without limitation the posting of personal information about another;
• does not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.

We reserve the right to edit, delete or remove any User Content from Our Site at our sole discretion at any time without notice. You are solely responsible at your sole cost and expense for creating back up copies and replacing any User Content you Post on Our Site.

User Conduct

You agree that when using Our Site you will not

• use Our Site to harm, harass, intimidate, bully or stalk another;
• collect or store personal data or contact data from Our Site about other Users;
• impersonate any person or entity, neither will you misrepresent yourself or your affiliation with any person or entity;
• create a false identity on Our Site;
• use Our Site in an unlawful manner;
• Post information that you do not have the permission to Post;
• interfere with, disrupt or damage Our Site, including without limitation through the use of viruses, harmful code, denial of service attacks, forged routing, Trojan Horses, cancel bots or Packet od IP Spoofing;
• violate the Terms or encourage, facilitate or assist any User to violate the Terms;
• use the information obtained through Our Site for any unauthorised purpose.

Serious or multiple breaches of the Terms may result in termination of your account (and any future accounts. We reserve the right to deactivate, terminate or delete your account at any time without prior notice.

Proprietary Rights

All materials on Our Site are the proprietary property of Vida Loca Travel Ltd, its Users or its licensors with all rights reserved. No material may be modified, copied, distributed, downloaded, framed, reproduced, republished, licensed, displayed, posted, transmitted, edited, adapted, derivative works created from or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content that you legally post on Our Site. Notwithstanding the foregoing, you may use such material in the course of your normal, personal, non-commercial use of Our Site.

Online Content

When you post User Content to any part of Our Site, you automatically grant, and you represent and warrant that you have the right to grant, to Us an irrevocable, non-exclusive, perpetual, transferable, fully paid, worldwide right to use, copy, publicly perform or display, translate, excerpt (in whole or in part) and distribute such User Content on or in connection with Our Site or the promotion thereof in all media known or herein after created, to prepare derivative works of, or incorporate into other works, such User Content. You also grant and authorise Vida Loca Travel Ltd the sublicenses of the foregoing.

We may, at our discretion and without liability to you, without prior notice, discontinue or modify and part of Our Site.

Third Party Websites and Information

Our Site contains links to other sites (‘Third Party Sites’), including but not limited to Third Party Holiday Advertisers, as well as information, articles, opinions, photos, text, graphics, sound, Holiday Services, User Content and other content belonging to or origination from third parties (‘Third Party Information’). Inclusion of Third Party Information and linking to Third Party Sites does not imply our endorsement or approval thereof by Us. We do not take responsibility for Third Party Information and you agree that We will be in no way liable for any Third Party Information or for any loss or damage of any kind incurred as a result of any Third Party Information on Our Site. You understand that by using Our Site you will be exposed to Third Party Information that may be inaccurate, offensive or objectionable. If you link to a Third Party Site you understand that you will leave Our Site and that our Terms no longer govern. You should review the policies of any site that you navigate to from Our Site. We are not responsible for the content on Third Party Sites.

Third Party Holiday Advertisers

You understand that Vida Loca Travel Ltd does not sell any Holiday Services and that any Holiday Services that you may purchase as a result of visiting Our Site will be a bilateral contract between you and the Third Party Holiday Provider (the ‘Contract’). You understand that Vida Loca Travel Ltd is in no way a party to your Contract and that We have absolutely no involvement in the transaction. The Third Party Holiday Advertisers will be supplying Holiday Services on their own terms and conditions and you should check that you agree to those terms and conditions before purchasing Holiday Services or other services from them. We make no claims as to the quality, safety or legality of any of the Holiday Services advertised. We will be in no way responsible for any loss incurred as a result of any User purchasing a Holiday Service after visiting Our Site.

We offer basic information on the Holiday Services advertised on Our Site from Third Party Holiday Advertisers. We endeavour to make sure this information is up to date but you understand that the Holiday Service information that We provide on Our Site may not be accurate and is subject to change at any time without notice. In the event of a difference in the details of a Holiday Service between Our Site and the Third Party Holiday Advertiser, the Third Party Holiday Advertiser will prevail. We accept no responsibility or liability for incorrect information about Holiday Services offered by Third Party Holiday Providers

Other Users

Our service to you does not include the introduction of Users to one another. We are not involved in the contact between Users. We are not in control over the conduct of our Users or the accuracy of the information that the Users post on Our Site. As a result, We request that you exercise caution in any contact that you have with other Users. You are solely responsible for your interactions with other Users of Our Site. We are not responsible for any damage or harm resulting from your interactions with other Users online or offline. We reserve the right, but have no obligation to, monitor the interactions between Users on Our Site.

We do not screen Users or Third Party Holiday Advertisers. By using Our Site, you agree that We are not liable for any damages, direct or indirect that may arise out of using Our Site. This includes without limitation damages arising from communicating with other Users, actions of other Users, any Contract that you may or may not enter with a Third Party Holiday Advertisers, or any Product that you may purchase from a Third Party Holiday Advertiser.

Release

Because We do not supervise, monitor or control interactions between Users of Our Site and because We are not involved in any way with the purchase or arrangement of any Holiday Service or any other service provided by any Third Party Holiday Advertiser (‘Third Party Holiday Transactions’) , you agree that you bear all risk and you agree to release Us from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of Our Site, including but not limited to any Third Party Holiday Advertiser Transaction or our resolution of any disputes among Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

Indemnity

You agree to defend, indemnify and hold Vida Loca Travel Ltd, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, claim, demand, liability, damages, costs and expenses, including reasonable legal fees, arising out of or in relation to your use of Our Site, your User Content, any third party content that you post or share on or through Our Site, your conduct in connection with Our Site or with other Users of Our Site, or any violation of this Agreement or of any law or the rights of any third party.

Disclaimer of Warranty and Liabilities

Our Site and the site content are provided “As-Is” and We disclaim any and all representations and warranties, whether express or implied including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. We do not warrant or represent that Our Site will meet your requirements or expectations. We do not warrant or represent that Our Site, content or materials on Our Site are accurate, reliable, complete, uninterrupted, timely, secure, current or error-free or that Our Site or its servers are free of viruses or other harmful components. We assume no responsibility for any error, omission, deletion, defect, interruption, delay in operation or transmission, communications line failure, destruction or theft or unauthorised access to, or alteration of your communications. You understand and agree that you obtain content or information from or through Our Site at your own risk and discretion and that you will be solely responsible for your use thereof and any damages to your computer system, loss of data or other harm of any kind that may result. Under no circumstances will We be responsible for any loss or damage, including but not limited to any loss or damage to any User Content or personal injury or death, resulting from anyone's use of Our Site, any User Content or Third Party Information posted on or through Our Site, or any interactions between Users of Our Site, whether online or offline.

No information or advice obtained by you in oral or written from Us or Our Site will create any warranty not expressly stated in these terms.

We shall not be liable for any failure or delay in performing under these terms.

General

These Terms constitute the entire agreement between you and Vida Loca Travel Ltd regarding the use of Our Site, superseding any prior agreements between you and Us relating to your use of Our Site. The failure of Vida Loca Travel Ltd to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of the Terms are held invalid, deemed unlawful, void or unenforceable, then that provision shall be deemed severable from these terms and the remainder of the Terms shall continue in full force and effect.