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AGREEMENT BETWEEN YOU AND NOVASOL
This Web site is made available to you by NOVASOL and its various trading divisions ("NOVASOL", "we", "us", or "our"). Your use of this Web site and/or your acceptance without modification of the terms, conditions and notices published on this Web site (the "Terms") constitutes your agreement to all such Terms. IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE NOT AUTHORISED TO USE THIS WEB SITE.
BY CLICKING THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS AND THEN CLICKING THE "PROCEED" BUTTON ON, OR, WHERE YOU HAVE PREVIOUSLY REGISTERED, BY LOGGING IN TO, THIS WEB SITE, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS.
These Terms apply both to your use of, and to all Internet traffic visiting, this Web site.
NOVASOL reserves the right, in its sole, absolute and unfettered discretion, to modify, alter or otherwise update these Terms at any time. Such modifications, alterations or updates shall be effective immediately upon posting. By using this Web site after NOVASOL has posted notice of such modifications, alterations or updates, you agree to be bound by such revised Terms.
This Web site will permit you to link to some other web sites that may or may not be affiliated with this Web site and/or with NOVASOL, and that may have terms, conditions and notices of use that differ from, or contain terms, conditions and notices in addition to, the Terms specified on this Web site. Your access to such web sites through links provided on this Web site is governed by the terms, conditions, notices and policies of use of those web sites, not this Web site.
NOVASOL does not guarantee the transmission or processing of any information or on-line activity or transaction submitted to this Web site. The transmission of any information does not mean the on-line activity or transaction has been accepted or rejected, but merely indicates that a transmission has been initiated. All on-line activities and transactions are subject to written confirmation. Furthermore, the level of service available on and from this Web site may vary, and this Web site may be inaccessible or "down" for periods of time. NOVASOL reserves the right to suspend or discontinue this Web site, in whole or in part, for business or technical reasons. However, NOVASOL services may be accessed through traditional means, such as via telephone or through regular post.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web site is owned, controlled, managed and operated by NOVASOL A/S Virumgårdsvej 27, DK-2830 Virum, Denmark. Tel. No. +45 7375 6611. Copyright © NOVASOL A/S. All rights reserved.
All content on this Web site, including, but not limited to text, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by Danish, EU, US and world-wide copyright laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes), and are owned and controlled by NOVASOL, and/or its affiliated or related entities, associates or partners or by the family of companies at Wyndham Worldwide Corporation, including holding companies, subsidiary companies and sister companies (collectively, the "Wyndham Worldwide Group of Companies"), to which NOVASOL and its various trading divisions belong; or by any third party content providers, agents, subcontractors, suppliers, merchants, advertisers, sponsors and licensors (collectively, "Providers") that have licensed their content on this Web site or the right to market their products and/or services to NOVASOL.
Content on this Web site or any web site owned, operated, controlled or licensed by NOVASOL’s affiliated or related entities, associates or partners, or any company or companies within the Wyndham Worldwide Group of Companies, or Providers, is solely for your personal, non-commercial use. You may print a copy of the content, but you may not modify, copy, display, perform, reproduce, republish, license, create derivative works from, transfer, upload, post, transmit, distribute, sell and/or exploit the content or information in any way (including by e-mail or other electronic means), or any software involved in utilising such content or information, for commercial use without the prior written consent of NOVASOL, and/or its affiliated or related entities, associates or partners, or any company or companies within the Wyndham Worldwide Group of Companies, or Providers. You may request consent by contacting NOVASOL directly.
Without the prior written consent of NOVASOL, and/or its affiliated or related entities, associates or partners, or any company or companies within the Wyndham Worldwide Group of Companies, or Providers, your modification of the content, use of the content on any other web site or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the rights of owners of NOVASOL's, and/or its affiliated or related entities', associates' or partners', or any company's or companies' within the Wyndham Worldwide Group of Companies, or Providers', copyrights, trademarks or service marks and other proprietary rights, and is prohibited. As a condition to your use of this Web site, you warrant to NOVASOL that you will not use this Web site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening or libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.
Given the unique nature of the Internet and the need to secure NOVASOL systems and proprietary technology, NOVASOL reserves the right in its sole, absolute and unfettered discretion at any time to restrict or prohibit access to this Web site for any user for any reason, and especially to restrict or prohibit access for users who demonstrate patterns of abuse, or unusual or improper use of this Web site or who violate these Terms. If you violate any of these Terms, your permission to use this Web site immediately terminates without the necessity of any notice.
You may not use on your web site any trademarks, service marks or copyrighted materials appearing on this Web site, including but not limited to any logos or characters without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into your own, or another, web site any of the content or other materials on this Web site without the prior written consent of NOVASOL.
Other product and company names mentioned herein, including those of Wyndham Worldwide Corporation, which is the parent company of NOVASOL, and any company or companies within the Wyndham Worldwide Group of Companies, may be the trademarks of their respective owners, whether or not registered.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND "AS FOUND" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES, WHICH UNDER DANISH AND EU LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, NOVASOL, AND/OR ITS AFFILIATED OR RELATED ENTITIES, ASSOCIATES, OR PARTNERS, OR ANY COMPANY OR COMPANIES WITHIN THE Wyndham Worldwide GROUP OF COMPANIES, OR PROVIDERS, DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. NEITHER NOVASOL, AND/OR ITS AFFILIATED OR RELATED ENTITIES, ASSOCIATES OR PARTNERS, OR ANY COMPANY OR COMPANIES WITHIN THE Wyndham Worldwide GROUP OF COMPANIES, NOR PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, WARRANTS THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS SOLELY FOR YOUR CONVENIENCE, INFORMATION AND TRANSACTIONAL CAPABILITY ONLY.
NOVASOL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT INFORMATION, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE. WE ATTEMPT TO ENSURE THAT THE CONTENT THAT YOU ACCESS ON THIS WEB SITE AT ANY ONE TIME IS ACCURATE. HOWEVER, THE CONTENT MAY INCLUDE INACCURACIES, TYPOGRAPHICAL ERRORS AND OMISSIONS. WE WILL DO OUR BEST TO CORRECT ERRORS AND OMISSIONS AS QUICKLY AS PRACTICABLE AFTER BEING NOTIFIED OF THEM. CHANGES ARE PERIODICALLY MADE TO THE CONTENT THAT YOU ACCESS ON THIS WEB SITE WITH ADDITIONS, DELETIONS AND AMENDMENTS OCCURRING THERETO AND IMPROVEMENTS AND/OR CHANGES MAY BE MADE TO THE FUNCTIONALITY, DESIGN OR LAYOUT OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT NOVASOL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER NOVASOL, AND/OR ITS AFFILIATED OR RELATED ENTITIES, ASSOCIATES OR PARTNERS, OR ANY COMPANY OR COMPANIES WITHIN THE Wyndham Worldwide GROUP OF COMPANIES, NOR PROVIDERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE, EXCEPT IN RELATION TO LIABILITY, LOSS AND DAMAGE FOR DEATH OR PERSONAL INJURY FOR WHICH NO LIMIT APPLIES.
BY WAY OF EXAMPLE AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NOVASOL, AND/OR ITS AFFILIATED OR RELATED ENTITIES, ASSOCIATES OR PARTNERS, OR ANY COMPANY OR COMPANIES WITHIN THE Wyndham Worldwide GROUP OF COMPANIES, OR PROVIDERS, SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM FAILURE OF PERFORMANCE OF THIS WEB SITE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR OTHER MATERIALS APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ILL IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
NOVASOL, AND/OR ITS AFFILIATED OR RELATED ENTITIES, ASSOCIATES OR PARTNERS, OR ANY COMPANY OR COMPANIES WITHIN THE Wyndham Worldwide GROUP OF COMPANIES, OR PROVIDERS, SHALL BE LIABLE FOR DIRECT LOSS ARISING OUT OF OR RESULTING FROM THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, UP TO A MAXIMUM OF THE TOTAL VALUE OF THE TRANSACTION UNDER WHICH THE CLAIM ARISES FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS.
THIS LIABILITY SECTION APPLIES ONLY AND TO THE GREATEST EXTENT PERMITTED BY LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
You agree to indemnify, defend and hold harmless NOVASOL, its associates or partners, or any company or companies within the Wyndham Worldwide Group of Companies, or Providers, and its and their officers, directors, employees, affiliated or related entities, agents, subcontractors, suppliers and licensors from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of these Terms.
THIRD PARTY RIGHTS
These Terms are for the benefit of NOVASOL, its associates or partners, or any company or companies within the Wyndham Worldwide Group of Companies, and Providers, and its and their officers, directors, employees, affiliated or related entities, agents, subcontractors, suppliers and licensors. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf.
This Web site may contain links to other web sites ("Linked Sites"). The Linked Sites are provided for your convenience, information and, in some cases, transactional capability, only and, as such, you access them at your own risk. The content of any Linked Sites is not under the control of NOVASOL, and NOVASOL is not responsible for, and does not endorse, such content, whether or not NOVASOL is affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web site or provide any links that state or imply any advertising, sponsorship or endorsement of your own, or any other, web site by NOVASOL, and/or its affiliated or related entities, associates or partners, or any company or companies within the Wyndham Worldwide Group of Companies, or Providers without any preceding written permission to do so.
USE OF NOVASOL BOOKING SERVICE
The NOVASOL Booking Service feature published on this Web site is provided solely to assist you in determining the availability of holiday accommodation rentals and, in some cases, travel-related products and services, conducting on-line transactions and purchases, making legitimate bookings and receiving confirmations in respect thereto or otherwise transacting business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Web site in accordance with all the Terms herein stated. You agree to be financially responsible for all your use of this Web site (as well as for use of your account by others, including without limitation minors (persons under 18 years of age) living with you). You agree to supervise all usage of this Web site under your name or account. You also warrant that all information (including details you provide to NOVASOL for the purpose of making enquiries and legitimate bookings, purchasing travel-related products and services, and conducting on-line transactions) supplied by you or members of your household, or by third parties authorised and supervised by you, in using this Web site is true and accurate.
You further warrant that any credit or debit card that you use to conduct on-line transactions is your own and that there are sufficient funds on such credit and debit accounts to cover the costs of the holiday accommodation rental you book and any travel-related products and services purchased by you in connection therewith. If there are any changes to the details supplied by you, it is your responsibility to inform NOVASOL as soon as possible. Without limitation, any speculative, false or fraudulent activities or bookings or purchases or on-line transactions or any activities or bookings or purchases or on-line transactions in anticipation of demand are prohibited.
NOVASOL's Booking Conditions (whether such appear under the name of NOVASOL or any of its trading divisions), which are separate terms and conditions to these Terms, will apply to all on-line activities and transactions on and in connection with the NOVASOL Booking Service feature published on this Web site. You agree to abide by NOVASOL's Booking Conditions and/or the terms and conditions of any of NOVASOL's affiliated or related entities, associates or partners, or any company or companies within the Wyndham Worldwide Group of Companies, or Providers, or other third parties authorised by us, with whom you elect to deal, including but not limited to payment of all amounts when due and compliance with all rules, regulations, restrictions and limitations regarding availability, occupation and use of holiday accommodation rental accommodation, availability of travel fares and other travel-related products and services, and the actual utilisation of travel-related products and services purchased in connection with the holiday accommodation rental. Special rules, regulations, restrictions and limitations may apply to a holiday accommodation rental, travel fare or other travel-related product or service selected by you. If they do, these special rules, regulations, restrictions and limitations will be drawn to your attention before confirmation of your booking or purchase.
NOVASOL will not be responsible for the provision of non-holiday accommodation rental-related bookings, and travel-related products and services offered by its affiliated or related entities, associates or partners, or any company or companies within the Wyndham Worldwide Group of Companies, or Providers, or other third parties authorised by us, to you, whether or not we are acting as agents for any such entities, or for any aspect of the relationship between you and any one or more of those entities. You shall be responsible for all charges, fees, duties, taxes and assessments arising out of the use of this Web site or arising in the course of undertaking on-line activities and transactions on and in connection with the NOVASOL Booking Service feature published on this Web site.
This Web site will not prevent you from requesting or making impossible bookings for holiday accommodation rentals, or purchasing incompatible travel-related products and services, such as two ferry crossings to the same destination on the same date, or two ferry crossings to different destinations for departure on the same date, or a ferry crossing to one destination a holiday accommodation rental to another place covering the same travel dates. If you make those kinds of impossible or incompatible enquiries, bookings or travel-related purchases, you accept that these are your voluntary acts, errors, defaults and/or omissions, that these are your entire responsibility, and that NOVASOL will not be liable to give you a refund, either in whole or in part, or be obliged to rectify the situation, for you undertaking any such mistaken, careless or negligent enquiries, activities and on-line transactions.
LAW AND JURISDICTION
This Agreement (and any disputes, claims or proceedings of whatsoever nature arising out of or in any way relating to the use of this Web site and/or the NOVASOL Booking Service feature published on this Web site) is governed by and shall be construed in accordance with the laws of Denmark. You hereby consent to the exclusive jurisdiction of the Danish courts in all disputes arising out of or relating to the use of this Web site. Those who choose to access this Web site from outside Denmark are responsible for compliance with local laws, if, and to the extent that, local laws are applicable. You may not use or export materials or content contained on this Web site in violation of Danish and EU export laws and regulations. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and NOVASOL either as a result of this Agreement or your use of this Web site.
The provisions of these Terms, and each obligation referenced herein, represent the entire Agreement between NOVASOL and you and supersede any prior proposals, agreements or understandings (whether oral or written) not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms, conditions and notices of use or understanding, the last published Terms or terms, conditions and notices shall prevail.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY NOVASOL.