Terms of Use

terms of use

Solo Travel Solutions LLC, 26 January 2015

By accessing or using the Super Layover website located at www.superlayover.com, the Super Layover services (the “Service“), however accessed, you agree to be bound by these terms of use (“Terms of Use“). The Service is owned or controlled by Solo Travel Solutions LLC. (“Solo Travel Solutions”, “Super Layover”, “we”, “us”) . These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

Application of these Terms of Use
These terms of use (the “Terms of Use”), together with our privacy policy (the “Privacy Policy”), apply to any use of the Website. Visitors of the Website (“User” or “you”) may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy. Any further use of the Website or any part of it means you have read and you understand the Terms of the Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.

No warranty
While we try to ensure that the information in or through the Website is accurate, we do not provide any warranties, express or implied, in relation to its correctness, completeness, currentness, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). We may change, add or remove information on the Website and its structure and functions at any time at our sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. We may also block Users from accessing the Website or parts of it, or require certain conditions to be fulfilled for such access. We do not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, we do not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.

Limitation of liability

UNDER NO CIRCUMSTANCES WILL THE SOLO TRAVEL SOLUTIONS LLC PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE.

We exclude our liability, and that of our agents and independent contractors, and our and their employees and officers, for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law.

BY AGREEING TO THESE TERMS YOU CONSENT TO SUPER LAYOVER’S COLLECTION OF INFORMATION, INCLUDING PERSONAL INFORMATION, FROM YOUR USER INTERFACE AND FROM YOUR THIRD PARTY ACCOUNTS AND OTHER SERVICES WHEN YOU SIGN INTO SUCH THIRD PARTY SERVICES. IF YOU CHOOSE TO BOOK A TOUR FOR OTHERS, YOU MUST OBTAIN THEIR EXPRESS CONSENT TO DO SO AND TO SHARE THEIR PERSONAL INFORMATION WITH US. YOU ARE NOT PERMITTED TO BOOK SERVICES OR TRAVEL FOR THIRD PARTIES USING THE SERVICE WITHOUT THEIR EXPRESS, INFORMED CONSENT.

SUPER LAYOVER SHALL NOT BE RESPONSIBLE FOR DAMAGES IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION FOR MISSED FLIGHTS, SCHEDULING ERRORS, UNSATISFACTORY OR PROBLEMATIC SERVICES ENGAGED THROUGH THE APP, PERSONAL INJURY OF ANY KIND, OR OTHER FEES AND COSTS. YOU ARE SOLELY RESPONSIBLE FOR PAYMENT TO ANY THIRD PARTY PROVIDER FOR ITEMS NOT ORDERED DIRECTLY THROUGH OUR SERVICE.

IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU USE THE SERVICE IN A MANNER THAT ALLOWS YOU TO FULFILL YOUR TRAVEL PLANS. YOU ARE SOLELY RESPONSIBLE FOR IDENTIFYING AND COMPLYING WITH ANY PASSPORT OR VISA REQUIREMENTS, TRAVEL ADVISORIES, IMPORT OR EXPORT RESTRICTIONS, OR OTHER INTERNATIONAL LAWS IN CONNECTION WITH YOUR TRAVELS. SUPER LAYOVER HAS NO RESPONSIBILITY FOR YOUR SELECTION OF TRAVEL DESTINATION, NOR ANY OBLIGATION TO ADVISE YOU IF ANY DESTINATION IS UNSAFE FOR ANY REASON. YOU TRAVEL IS SOLELY AT YOUR OWN RISK.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND SUPER LAYOVER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Under no circumstances will Solo Travel Solutions LLC be liable to you for any indirect, incidental, consequential, special, or exemplary damages arising from any provision of this Agreement. Furthermore, the TOTAL liability of Solo Travel Solutions LLC arising with respect to this Agreement and the Site will not exceed the total amounts collected by us and not yet paid to you under this Agreement. Any notice or other communication to be given here-under will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

THE MAXIMUM TOTAL LIABILITY OF Solo Travel Solutions LLC UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY, OR OTHER REASON WILL BE LIMITED TO $100

Intellectual property rights
As between you and us, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.

Amendments to the Terms of Use
We may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. We expect you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.

Applicable law and jurisdiction
These Terms of Use and any disputes arising out of or in connection with it are subject to the substantive laws of Switzerland, and will be subject to the exclusive jurisdiction of the courts at our seat, provided that we may bring actions against users for infringement of intellectual property rights before any competent court, and subject to mandatory law.

“Tour Guide” usage
Solo Travel Solutions assumes no responsibility for incorrect information collected from any of the tour guides registered on SuperLayover.com, any delay, changes in his/her schedule, strikes, injury, weather, fire, theft, quarantine, medical or customs regulations and similar act or incident beyond its ability to control. Super Layover LLC is not responsible for any arrangements made between you and the tour guide in the country you visit. Vehicles: All driver-guides around the world must have driver and vehicle licences and insurance. Users of driver-guide services must satisfy themselves that the legal insurance cover and licences are in place. In this context “user” shall include any person booking, hiring, being a passenger or acting as agent for another party. The Super Layover cannot accept responsibility for interpretation of the insurance and licensing requirements covering a Driver-Tour Guide’s services.

Pricing Terms and Conditions
Pricing is set by the tour guides and not by Super Layover. The tour guide can chose a base currency of payment as EURO, GBP, CAD, AUD or USD. The tour guide has an option to receive the due cash payment in the local currency rate on the day of the tour only if all parties agree. Otherwise the currency and amount outlined on the confirmation of booking is the legal amount due.

Deposit and Payment
The deposit of approximately 25% of the total cost of the tour, is payable to Solo Travel Solutions on booking. This deposit is fully refundable through a coupon (as credit towards an alternative tour, cannot be redeemed for cash) to the booker only if the tour guide does not show on the tour day and time. For any other reasons, the “deposit” is non-refundable to the booker. The booker is responsible for paying the balance of the tour cost directly to the tour guide on the day of the tour. You agree that you are solely responsible for any transaction fees charged by your bank or credit card provider for international transactions for purchases or reservations made through the Service. You agree that we may debit your credit card account either (i) in advance of our partners’ providing services to you or (ii) after a purchase or service, for any costs we incur as a result of your dispute with or nonpayment to a third party service provider encountered through the Service.

You may seek the services of a Tour Guide through the use of the Site. Once a Tour Guide has accepted your request for service and your payment has been processed, there is a binding contract between you and the Tour Guide. Once you have purchased a tour or travel service, if there are any issues relating to the service that cannot be resolved directly with the Tour Guide, you should contact Super Layover and we will attempt to resolve the issue.

Super Layover uses a third party service to process your credit card information. For further information regarding that service, please contact Super Layovers’ credit card processing company(ies). You hereby agree to hold Solo Travel Solutions harmless for any damages that may result should any personal information about you be released by any third parties.

RIGHTS

The Service contains content owned or licensed by Solo Travel Solutions (“Super Layover Content”). Super Layover Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Super Layover, Super Layover owns and retains all rights in the Super Layover Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Super Layover Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Super Layover Content; provided, however, that you may make a limited number of copies of your travel itinerary and related documents for travel services booked through the Services for your personal use.

The Super Layover name and logo are trademarks of Solo Travel Solutions, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Solo Travel Solutions. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Super Layover, and may not be copied, imitated or used, in whole or in part, without prior written permission from Solo Travel Solutions.

Although it is Super Layover’s intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. You agree that Solo Travel Solutions is not responsible for, and does not endorse, Content posted within the Service. (Super Layover does not have any obligation to prescreen, monitor, edit, or remove any Content).