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CWT TO GO™ - Terms of Use

Last updated December 2016

 

CWT Global B.V. or one of its affiliates (the "Company") will provide the CWT To Go mobile application (" CWT To Go"), which manages travel plans, enables you to make or change certain travel reservations and may make additional information, functionalities, features, alerts and other travel-related services available from time to time (the "Services"), to you on the terms and conditions of use set forth below(the "Terms"), which will govern your access to and use of CWT To Go and the Services. In addition, the terms of the travel services agreement between Company and the organization or entity though which you have access to Services from Company shall govern your use of CWT To Go and any Services that you receive in connection with it.

 

Please read these Terms carefully before using CWT To Go or using any Services. Your access to and use of CWT To Go and the Services are expressly conditioned on your compliance with these Terms. By downloading, installing or using CWT To Go or using any Services, you are acknowledging that you understand and agree to be bound by these Terms. If you do not accept these Terms in their entirety, then you have no rights to download, install or use CWT To Go or use any Services.

 

1. Eligibility. CWT To Go and the Services may only be used by travelers serviced by Company and who have created and maintain an active traveler user profile in CWT Portrait using a unique email address.

 

2. Limited License. CWT To Go is licensed, not sold, to you for use only under these Terms. Subject to your compliance with these Terms, the Company grants you a limited, personal, non-exclusive and non-transferable license to download, install and use CWT To Go and to use the Services for your personal, non-commercial use on mobile devices (a) that you own or control and (b) that are supported by the Company (the "Supported Devices"). The Company reserves all rights not expressly granted to you.

 

3. Restrictions. You may not: (a) decompile, reverse engineer, disassemble or attempt to derive the source code of CWT To Go, any updates or any part thereof (except as and only to the extent such restriction is prohibited by applicable law or to the extent permitted by the licensing terms governing use of any open sourced components included with CWT To Go); (b) copy (except as necessary to download, install and access CWT To Go as permitted herein), modify or create derivative works of CWT To Go; (c) use CWT To Go on any device that you do not own or control or that is not a Supported Device; (d) transfer, sublicense, lease, lend, rent, sell or distribute CWT To Go; (e) make CWT To Go, the Services or any of their functionality available to multiple users, including by uploading CWT To Go to network or file-sharing services; (f) make any fictitious, speculative or duplicative, abusive, fraudulent reservations or reservation of space in anticipation of demand, using the CWT To Go; and (g) make any reservations which may be considered in violation of any government regulations or applicable laws.. Any attempt to do any of the above is a violation of the rights of the Company and its licensors. If you breach these restrictions, you may be subject to prosecution and damages.

 

4. Upgrades. These Terms will govern any upgrades (including new features or functionalities) provided by the Company that replace and/or supplement the original CWT To Go mobile application or any Services, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.

 

5. Ownership. CWT To Go is owned by the Company, not sold, to you for use only under these Terms. You may own or control the hardware on which CWT To Go is downloaded or used, but the Company and its licensors retain all rights, title and interest in CWT To Go, including all intellectual property rights therein. You acknowledge and agree that CWT To Go and the Services, including the source code and the specific design and structure of individual modules or programs, as well as the information provided to you through CWT To Go or the Services, constitute or contain the proprietary rights of the Company and its licensors, and may be protected by international copyright, authorship, trademark, trade secret and other laws, and that misuse thereof could be prohibited by law. You will not delete or in any manner alter the copyright, trademark and other proprietary rights notices or markings appearing on CWT To Go or the Services as downloaded, installed or used by you.

 

6. Links. CWT To Go and the Services may contain links to third-party websites, or resources or system(s).. You acknowledge and agree that the Company is not responsible or liable for: (a) the availability or accuracy of such websites or resources; or (b) the content, products or Services on or available from such websites or resources. Links to such websites, or resources or systems do not imply any endorsement by the Company of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources and agree that the Company has no liability to you for any content that may be found to be offensive, indecent or objectionable.

 

7. General Prohibitions. You agree not to do any of the following while using CWT To Go or the Services: (a) post, publish or transmit any text, information or materials using CWT To Go or the Services that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (b) attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures: (c) interfere with, or attempt to interfere with, the access of any user, host or network of CWT To Go or the Services, including without limitation, sending a virus or overloading the system; or (d) impersonate or misrepresent your affiliation with any person or entity. You may not use CWT To Go or the Services in any unauthorized way whatsoever. The Company will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and CWT To Go security issues, to the fullest extent permitted by law.

 

8. Travel Reservations. Notwithstanding the terms of the travel service agreement, any hotel bookings made via CWT To Go shall not incur a transaction fee; instead CWT shall retain any hotel commissions that may be available for these hotel bookings. If a CWT travel counselor is asked to cancel or change a hotel booking made through CWT To Go, then the applicable online assisted transaction fee shall apply.  You understand and agree that for comparative reasons prices may be quoted at preliminary shopping stages of the booking process on a tax exclusive basis.   Tax inclusive prices will be presented to the extent possible on the final checkout page prior to your purchase.   

 

9. Consent to Use of Data; Data Protection. You may access your personal travel data (current reservations, 'past-trips', traveler profile information) from the Company's systems and the data you entered in CWT To Go. You acknowledge and agree that the Company and its third-party service providers may collect, store, process and use both technical data (including information about your mobile device, operating system, application software and peripherals) and personal data (including geo-location data) during your use of CWT To Go and the Services. Please see the Company's privacy policy at www.carlsonwagonlit.com/en/dataprotection.html for more information and notices concerning the Company's collection and use of your personal data, in addition geo-location data may be used to locate hotel properties closest to your current position and to assist in navigation, including around airports.

 

10. Mobile Carrier Costs & Services. You acknowledge that your mobile carrier may bill you applicable airtime, data, usage fees and taxes for your use of CWT To Go and any Services. Check your mobile carrier's plan for full details. Service may not be available in all areas.

 

11. Term & Termination. These Terms remain effective until updated or terminated by the Company. The Company may update these terms at any time at its sole discretion in which case the updated terms will be immediately applicable and replace all earlier terms.  Your rights under these Terms will terminate automatically if you breach any of these Terms. Upon termination for any reason, you must promptly destroy or un-install all copies of CWT To Go in your possession or control. The Company and its licensors reserve the right - without liability of any kind - to suspend, disable, cease providing or change the features or functionalities of CWT To Go or the Services at any time and without notice. The Company may also impose limits on the use of or access to certain features or functionalities of CWT To Go or the Services.

 

12. No Warranty. CWT To Go and the Services are provided "AS IS" and "AS AVAILABLE", without warranty or condition of any kind, either express or implied. The Company makes no warranty: (a) that CWT To Go or the Services will meet your requirements; (b) that CWT To Go or the Services will be compatible with or operate in the combinations that you may select for use, or on the hardware or with the operating systems that you use; (c) that CWT To Go or the Services will function on any mobile devices or operating systems, irrespective of whether these are currently Supported Devices or systems; (d) that the operation of CWT To Go or the Services will be available on an uninterrupted, secure or error-free basis, or that any defects, errors or service interruptions will be corrected; (e) regarding the quality of any products, services or information obtained through CWT To Go or the Services; (f) regarding the performance, accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through CWT To Go or the Services; (g) that any third-party service providers, including mobile carriers, device manufacturers (including manufacturers of Supported Devices), third-party websites, manual or automated airline or other reservation systems or any travel suppliers, who contribute to, or are involved in, the operation, maintenance, provision or content of CWT To Go or the Services (collectively, the "Service Providers"), will fulfil their obligations or provide their services; (h) that any of the information, data, bookings or other travel-related services contained in the travel itineraries generated by CWT To Go or the Services will be provided by the Service Providers; or (i) that CWT To Go or the Services will be available in any specific language or in all countries, or that they will be appropriate to use in any particular location. As travel data may change, if you receive alerts through CWT To Go about flight or travel changes to your itinerary, please check with your CWT agent or the travel suppliers for the latest information about your trip. The Company explicitly disclaims all warranties and conditions, express, implied or statutory, including any implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, quiet enjoyment and any warranties and conditions arising out of course of dealing or usage of trade. No advice, or information, whether oral or written, obtained from the Company or through CWT To Go or the Services will create any warranty or guarantee, whether express or implied. Carrier, equipment, terminal, gate, weather forecast, schedule, time, location and other travel-related data ("Travel Data") provided by CWT To Go or the Services are not intended to be relied upon in situations where precise Travel Data is needed or where erroneous, inaccurate or incomplete Travel Data may lead to death, personal injury, property or environmental damages. The Company does not warrant or guarantee the availability, accuracy, completeness, reliability or timeliness of any Travel Data provided through CWT To Go or the Services.

 

13. Use of CWT To Go at Your own Risk. Your access to and use of CWT To Go and Services is at your own risk. The Company will have no responsibility for any harm to your mobile device or its operating system, loss of data or other harm that results from your access to or use of CWT To Go or the Services.

 

14. Limitation of Liability. The Company's total liability to you from all causes of action and under all theories of liability will be limited to and will not exceed the amount of fifty Euros (€ 50).In no event will the Company or any other party involved in creating, producing or delivering CWT To Go or the Services be liable to you for any indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) or for the cost of procuring substitute products arising out of or in connection with these Terms, or your access to or use of (or inability to access or use) CWT To Go or the Services, or the performance (or non-performance) of CWT To Go or the Services, whether such liability arises from any claim based upon contract, warranty, tort, strict liability or otherwise, and whether or not the Company has been advised of the possibility of such loss or damage. The Company shall have no liability for errors or bias, or the availability, accuracy, completeness, reliability or timeliness (or lack thereof), in any information, data, services, reservations, fares or Travel Data provided by any Service Provider. The Company shall have no liability to you or any third party for any content you upload using CWT To Go or the Services.

 

15. The foregoing limitations will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.

 

16. Nothing in these Terms shall be taken as excluding or attempting to exclude or in any way restrict any liability: (a) to the extent it would be illegal or unenforceable at law for the Company to exclude or to attempt to exclude its liability; (b) for negligence, fraud or fraudulent misrepresentation; (c) for death or bodily injury to the extent arising directly from the negligence of the Company or that of its employees or agents; or (d) to the extent arising from gross negligence or willful misconduct on the part of the Company.

 

17. Indemnity. You agree to defend, indemnify and hold the Company, its officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees and court costs, arising out of or in any way connected with any content you submit or provide using CWT To Go or the Services or your violation of these Terms.

 

18. Export Law. You agree to comply fully with all applicable export laws and regulations to ensure that neither CWT To Go nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

 

19. Notice and Procedure for Making Claims of Copyright Infringement. Company respects the intellectual property rights of others. If you believe that your work has been copied on our site in a manner that constitutes copyright infringement, please provide the following information in writing to our copyright agent identified below:

 

(i) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.

 

ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

 

(iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

 

(iv) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

(v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

 

(vi) Your physical or electronic signature confirming the above.

 

(vii) Any other information that would assist our investigation or may be required by your local law.

 

Copyright Agent

701 Carlson ParkwayMail Stop 8249

Minnetonka, MN 55305

USA

+1 (763) 212-5211

copyrights@carlsonwagonlit.com

 

20. Governing Law. These Terms are governed by and shall be construed in accordance with Dutch law, without regard to or application of conflicts of law rules or principles. Your use of CWT To Go and the Services may also be subject to other local, national and international laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply.

 

21. General. You may not assign or transfer any rights granted hereunder, by operation of law or otherwise, without the Company's prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. The exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. All notices or approvals required or permitted under these Terms will be in writing and delivered by overnight delivery service, by registered mail or, for notices from the Company to you, to the unique email address you have registered under your traveler user profile, and in each instance will be deemed given upon receipt. All notices or approvals will be sent to such addresses as may be specified by either party to the other in accordance with this section. The failure by either party to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If any provision of these Terms is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. These Terms are the complete and exclusive understanding and agreement between the parties regarding its subject matter, and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you and the Company have executed a separate agreement. Any terms or conditions contained in a notice or other document that you send to the Company that are inconsistent with or in addition to the terms and conditions contained herein are hereby rejected by the Company and will be deemed null and of no effect.

 

22. Contact/Notice Information. If you have any questions regarding these Terms, you may contact the Company at CWT Global B.V., Wisselwerking 58, Geb. Apollo, 1112XS Diemen, The Netherlands.

 

If you download, install or use CWT To Go, you hereby agree to the foregoing terms and conditions.

 

23. Last revised: December 2016.