These Conditions govern your use of the 5ELEMENTRAVEL.COM website (“the Website”). Please read these Conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these Conditions, please do not use the Website.
1. Use of the Website
1.1 By using the Website you agree to be bound by these Conditions.
1.2 We grant you a limited license to access and make personal use of the Website. In doing this you may print one copy of the content of the Website which interests you.
1.3 In your personal use of the Website you may not do any of the following with the Website or its content:-
1.3.1 other than for the purpose of gaining access to the Website, download in electronic form on to disk or any server or any other storage device, whether or not connected to a network;
1.3.2 distribute, transmit, display, perform, reproduce (other than in the limited circumstances permitted by paragraph 1.2 above) or publish in any medium or format including, without limitation, on any personal blog or social networking website (but nothing in this paragraph 1.3.2 is intended to prohibit you from commenting about the Website or its content through any medium or format);
1.3.3 create any derivative work.
1.4 You may not resell, transfer or use any of the content of the Website for commercial purposes.
1.5 You may not use the Website for any of the following purposes:-
1.5.1 disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
1.5.2 transmitting material that encourages conduct that constitutes a criminal offense, or otherwise breaches any applicable laws, regulations or code of practice;
1.5.3 interfering with any other person’s use or enjoyment of the Website;
1.5.4 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
1.6 We grant you a revocable, non-exclusive, limited right to create a hyperlink to the Website provided the link does not portray us, our affiliates, our advertisers, our sponsors or any of our, or their, respective products or services in a false, derogatory, misleading or offensive manner. You may not use any of our logos, trademarks or other proprietary marks or graphics as part of the link without our express written consent.
3. Availability and content of the Website
3.1 Although we aim to offer you the best possible service by your use of the Website, we make no promise that the availability of the Website will be uninterrupted and transmission will be fault free.
3.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance, amendment or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
3.3 We try and ensure that the content of the Website is factually accurate and/or comment or opinion is fair and reasonable but we make no promise that this will always be the case and we do not promise that the information you obtain by using the Website will be of a satisfactory quality or fit or suitable for any particular purpose.
3.4 If a fault occurs with your access or use of the Website, or if you feel the Website contains any inaccuracy, please report it to us by using the feedback link on the Website and we will look into the matter as soon as we reasonably can.
4. Third party websites, products, and services
4.3 Part of the Website may contain advertising or sponsorship by third parties who are responsible for ensuring that material included on the Website is accurate, complete, true and not misleading and complies with all relevant laws and codes. We will not be responsible to you if such third party material is inaccurate, incomplete, untrue, misleading or non-compliant with relevant laws and codes.
5. Intellectual property
5.1 All content on the Website (including, without limitation, any name, logo, trademark, image, form, page layout or text) is our property or, in appropriate cases, the property of the third party whose advertisement, sponsorship, website, services or goods are referred to on, or accessible via, the Website.
5.2 We are the exclusive owners of all software used on the Website and the exclusive owners of the compilation of all content on the Website.
5.3 Save as permitted under these Conditions, you may not extract (or in any other way utilize) the whole or any part of the content of the Website (including, without limitation, any name, logo, trademark, image, form, page layout or text) without our express written consent.
Conditions forming part of these Conditions of Use and our Conditions for Sale of Goods. In the paragraphs below, the word “Conditions” applies to both the Conditions of Use and the Conditions for Sale of Goods.
6. Our liability
6.1 If we are in breach of the Conditions, we will only be responsible for any losses you suffer as a result to the extent that they are a reasonably foreseeable consequence to both of us at the time you use the Website, or a contract for the sale of goods by us to you was formed. In any event, our liability shall not extend to or include business losses (including, without limitation, loss of contracts, revenue, profits, anticipated savings, unnecessary expenditure, goodwill or data) or any other consequential or indirect loss that is not reasonably foreseeable by both of us when you commence using the Website or when a contract for the sale of goods by us to you was formed.
6.2 Nothing in the Conditions limits our liability for death or personal injury caused by our negligence or breach of duty or caused by our willful misconduct or gross negligence.
6.3 You will be responsible to us for our losses and costs resulting from your breach of the Conditions.
7. International use
7.1 We make no promise that materials on the Website are appropriate or available for use in locations outside Spain, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website from locations outside Spain, you do so on your own initiative and are responsible for compliance with local laws.
8. Events beyond our reasonable control
8.1 We will not be responsible for any delay or failure to comply with our responsibilities under the Conditions if such delay or failure is caused by circumstances beyond our reasonable control. This does not affect your statutory rights.
9. Events beyond our reasonable control
9.1 Your rights and obligations under the Conditions are personal and you may not assign or otherwise transfer such rights and obligations to a third party. No third party to whom you purport to assign or otherwise transfer your rights and obligations will have any enforceable rights against us.
10.1 If you breach the Conditions, and we choose to ignore the breach, we will still be entitled to use our rights and remedies in any other situation where you breach the Conditions.
11.1 If any of the Conditions is ruled void, invalid or for any other reason unenforceable, that Condition shall be severed and will not affect the validity and enforceability of the remaining Conditions.
12.1 We have the right to make changes to the Website, the Conditions and all other conditions and policies referred to in the Conditions or which apply the Conditions in whole or in part. This means that the Website, Conditions, policies and other conditions may have changed since your last use of the Website. Your use of the Website will be subject to the Conditions, policies and other conditions in force at the time you use the Website. If you do not accept these changes, you should not continue to use the Website.
13. Applicable law and jurisdiction
13.1 The Conditions will be governed by the laws of Spain and the courts of Spain will have exclusive jurisdiction in any dispute arising under the Conditions.
14. Our details
14.1 The Website is owned by and is the sole property of 5elemenTravel OPC, an autonomous company registered in Spain with company number of affiliation 081244328493, whose registered office is at Fontalba 14, Sant Antoni de Vilamajor 08459, Barcelona, Spain. Where the context so permits, the words “we”, “our” and “us” refer to 5elemenTravel OPC.