CWT Technology Platform User Terms and Conditions (PUTC)

Last updated 31 August 2018

CWT Global B.V. or one of its affiliates (”CWT”) shall provide the CWT web platform and/or mobile platform ("CWT Platform" or “CWT Technology”) which manages travel plans, enables making or changing of certain travel reservations and CWT may make additional information, functionality, features, alerts and other travel-related services (the "Services"), available to you from time to time on the terms and conditions of use PUTC as detailed and further defined below.  

Terms and conditions in the following main sections shall be referred to as (“MUTC”).  Product / service specific terms and conditions in succeeding modules titled ‘Product / Service Specific T&C’ which are applicable to User shall be referred to as (“SUTC”) and shall supplement MUTC as detailed in SUTC.  MUTC and SUTC together shall be referred to as (“PUTC” or “User Terms”).  CWT reserves the right to modify and update PUTC from time to time by posting updated versions on this web link.

These User Terms will govern your access to and use of any CWT Technology and the Services. In addition, relevant terms of the travel services agreement between CWT and the organization or entity through which you have access to Services (“Agreement”) shall apply to your use of any CWT Technology and any Services you receive through or in connection with it.

Please read these User Terms carefully before using CWT Platform or using any Services. Your access to and use of CWT Platform and the Services is conditional on your compliance with these User Terms. By downloading, installing, using or accessing any CWT Platform or using any Services, you agree that you understand and will be bound by these User Terms. If you do not accept these User Terms in their entirety, you have no rights to download, install, use or access any CWT Platform or use any Services and should under no circumstances do so.  PLEASE NOTE TRAVEL INFORMATION RESULTS MAY BE DETERMINED BY FACTORS SUCH AS CARRIER IDENTITY   (see Module TB, 1.4).

1. Eligibility CWT Platform and the Services may only be used by travelers serviced by CWT and in respect of whom an active traveler user profile has been created and is maintained in CWT’s profile management tool (CWT Portrait) using a unique identifier such as an email address.

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

3.1. Acceptable Use (General Rules) You may not: (a) decompile, reverse engineer, disassemble or attempt to derive the source code of CWT Platform, 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 Platform); (b) copy (except as necessary to download, install and access CWT Platform as permitted herein), modify or create derivative works of CWT Platform; (c) use CWT Platform 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 Platform; (e) attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures: (f) interfere with, or attempt to interfere with, the access of any user, host or network of CWT Platform or the Services, including without limitation, sending a virus or overloading the system; or (g) impersonate or misrepresent your affiliation with any person or entity.  (h) make CWT Platform, the Services or any of their functionality available to multiple users, including by uploading CWT Platform to network or file-sharing services; (i) make any fictitious, speculative or duplicative, abusive, fraudulent reservations or reservation of space in anticipation of demand, using the CWT Platform; and (j) make any reservations which may be considered in violation of any government regulations or applicable laws..

3.2 Acceptable Use (Social Rules) You agree not to do any of the following while using CWT Platform or the Services: post, publish or transmit any text, information or materials using CWT Platform 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;

3.2. Acceptable Use (Preparatory Acts and Remedies) Any attempt to breach any Acceptable Use Rule is a violation of the rights of CWT and its licensors. If you breach these rules, you may be subject to prosecution and an obligation to pay damages. You may not use CWT Platform or the Services in any unauthorized way whatsoever. CWT will have the right to investigate and prosecute violations of any Acceptable Use Rule, including intellectual property rights infringement and CWT Platform security issues, to the fullest extent permitted by law.

4. Upgrades These User Terms will govern any upgrades (including new features or functionalities) provided by CWT that replace and/or supplement the original CWT Platform 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 Platform is owned by CWT, not sold, to you for use only under these User Terms. You may own or control the hardware on which CWT Platform is accessed or used, but CWT and its licensors retain all rights, title and interest in CWT Platform, including all intellectual property rights therein. You acknowledge and agree that CWT Platform 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 Platform or the Services, constitute or contain the proprietary rights of CWT 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 Platform or the Services as downloaded, installed or used by you.

6. Links CWT Platform and the Services may contain links to third-party websites, or resources or system(s). You acknowledge and agree that CWT 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 CWT 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 CWT has no liability to you for any content that may be found to be inaccurate, offensive, indecent or objectionable.

7.  Data Protection  Any use of personal information within CWT Platform is governed by the CWT Global Privacy Policy at https://www.carlsonwagonlit.com/content/cwt/global/en/legal/global-privacy-policy.html

8. Connectivity Costs & Services You acknowledge that your connectivity service provider may bill you applicable airtime, data, usage fees and taxes for your use of CWT Platform and any Services. Check your connectivity service provider’s plan for full details. Service may not be available in all areas.  CWT is not responsible for any additional fees or charges you may incur in respect of connectivity when using CWT Platform.

9. Term & Termination These User Terms remain effective until updated or terminated by CWT.CWT  Your rights under these User Terms will terminate automatically if you breach any of these User Terms. Upon termination for any reason, you must promptly destroy or un-install all copies of CWT Platform in your possession or control and desist from using or accessing the CWT Platform. CWT and its licensors reserve the right - without liability of any kind - to suspend, disable, cease providing or change the features or functionalities of CWT Platform or the Services at any time and without notice. CWT may also impose limits on the use of or access to certain features or functionalities of CWT Platform or the Services.

10. No Warranty. CWT Platform and the Services are provided "AS IS" and "AS AVAILABLE", without warranty or condition of any kind, either express or implied. CWT makes no warranty: (a) that CWT Platform or the Services will meet your requirements; (b) that CWT Platform 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 Platform or the Services will function on any particular device or operating system, irrespective of whether these are currently Supported Devices or systems; (d) that the operation of CWT Platform 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 Platform or the Services; (f) regarding the performance, accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through CWT Platform or the Services; (g) that any third-party service providers, including connectivity service providers, 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 Platform 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 Platform or the Services will be provided by the Service Providers; or (i) that CWT Platform 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 Platform 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. CWT 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 CWT or through CWT Platform 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 Platform 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,  environmental or inconvenience related damages. CWT does not warrant or guarantee the availability, accuracy, completeness, reliability or timeliness of any Travel Data provided through CWT Platform or the Services.

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

12. Limitation of Liability CWT'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 CWT or any other party involved in creating, producing or delivering CWT Platform 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 User Terms, or your access to or use of (or inability to access or use) CWT Platform or the Services, or the performance (or non-performance) of CWT Platform or the Services, whether such liability arises from any claim based upon contract, warranty, tort, strict liability or otherwise, and whether or not CWT has been advised of the possibility of such loss or damage. CWT 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. CWT shall have no liability to you or any third party for any content you upload using CWT Platform or the Services.

13. The limitations listed above will survive and apply even if any limited remedy specified in these User Terms is found to have failed of its essential purpose. The limitations of damages set forth above are fundamental elements of the legal relationship between CWT and you.

14. Nothing in these User 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 CWT 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 CWT or that of its employees or agents; or (d) to the extent arising from gross negligence or wilful misconduct on the part of CWT.

15. Indemnity You agree to defend, indemnify and hold CWT, 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 Platform or the Services or your violation of these User Terms.

16. Export Law You agree to comply fully with all applicable export laws and regulations to ensure that neither CWT Platform 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.

17. Notice and Procedure for Making Claims of Copyright Infringement CWT 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

18. Governing Law These User 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 Platform 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.

19. General You may not assign or transfer any rights granted hereunder, by operation of law or otherwise, without CWT's prior written consent, and any attempt by you to do so, will be void and of no effect. The exercise by either party of any of its remedies under these User Terms will be without prejudice to its other remedies under these User Terms or otherwise. All notices or approvals required or permitted under these User Terms will be in writing and delivered by overnight delivery service, by registered mail or, for notices from CWT 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 User Terms will not constitute a waiver of future enforcement of that or any other provision. If any provision of these User 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 User 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 CWT have executed a separate agreement. Any terms or conditions contained in a notice or other document that you send to CWT that are inconsistent with or in addition to the terms and conditions contained herein are hereby rejected by CWT and will be deemed null and of no effect.

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

PRODUCT / SERVICE SPECIFIC T&C

MODULE: TB Travel Booking

1.1.  Module TB All terms in this Module TB (“TB Terms”) apply exclusively to CWT’s Travel Booking service which is available subject to agreement by CWT and are not applicable to any other CWT products or services.  MUTC shall apply to Travel Booking product as though repeated herein however no other product or service specific module shall be applicable to Travel Booking product.  In the event of a conflict between TB Terms and another term of the Agreement or MUTC, the TB Terms shall prevail with respect to Travel Booking.  

1.2.  Travel Reservations Notwithstanding the terms of the Agreement, any hotel bookings made via the mobile platform 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 the mobile platform, then the applicable online assisted transaction fee shall apply.

1.3.  Comparative Display 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.

1.4.  Preferencing The display of flight or other travel information may be determined by reasons including, without limitation, corporate negotiated rates, identity of a carrier or other travel supplier, history of known traveler preferences, and other factors, so long as available flights or content comply with Client’s written travel policy pursuant to the Agreement.