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BOOKING ENGINE TERMS AND CONDITIONS OF USE OF ETRAWLER UNLIMITED COMPANY T/A CARTRAWLER, HOLIDAY AUTOS AND CABFORCE

INTRODUCTION

This booking engine is powered by CarTrawler’s technology and allows you to use CarTrawler’s technology to book car hire or ground transportation (including but not limited to taxis, transfer services and chauffeur drive vehicle rental, private transfers, business class transfers, first class transfers, bus and mini bus transfers, train transfers, wheelchair transfers and limousine transfers) (“Transportation”) from third party car hire or ground transportation suppliers (“Transportation Suppliers”).

Please read these CarTrawler booking engine Terms and Conditions of Use (“Booking Conditions”) carefully as they apply to the entire contents of this booking engine. By using any part of this booking engine you indicate your acceptance of these Booking Conditions (regardless of whether or not you choose to register with us or book Transportation) and you agree (i) to conduct your use of this booking engine in accordance with the Booking Conditions and (ii) that the Booking Conditions constitute a legal agreement between CarTrawler and you. If you do not accept and/or do not agree to be bound by these Booking Conditions, do not use and/or immediately cease using this booking engine.

By using this booking engine you acknowledge that all information including, but not limited to, information relating to Transportation, Transportation Suppliers, travel and holidays published on this booking engine may include inaccuracies and/or typographical errors and that CarTrawler will not be liable for any such inaccuracies or errors.

CarTrawler may, at its absolute discretion, amend these Booking Conditions at any time by updating this posting. Certain provisions of these Booking Conditions may be superseded by expressly designated legal notices or terms located on website through which you accessed this booking engine.

These Booking Conditions also apply to all bookings made through the CarTrawler Customer Centre of Excellence (“CCE”) and will be e-mailed to you where you make your booking by telephone through the CCE.

INFORMATION ABOUT US

This booking engine is operated by Etrawler Unlimited Company, an Irish registered company trading as CarTrawler, , Holiday Autos and Cabforce (“CarTrawler”, “we”, “us” or “our”). We are registered in Ireland under company number 93433 and have our registered office at Classon House, Dundrum Business Park, Dundrum, Dublin 14, Ireland which is also our main trading address. CarTrawler’s contact details are included on the Voucher or available from www.cartrawler.com.

CarTrawler facilitates Transportation bookings by introducing you to Transportation Suppliers through this booking engine. CarTrawler does not own or operate any Transportation and is not a Transportation Supplier. Your contract for Transportation (“Transportation Conditions”) will be between you and the Transportation Supplier to which CarTrawler will not be a party. The relevant Transportation Conditions can be accessed through this booking engine once you select Transportation offered by such Transportation Supplier and insert relevant booking information. On making a booking with a Transportation Supplier through this booking engine, you are bound by and deemed to have accepted the Transportation Conditions of the relevant Transportation Supplier. CarTrawler makes no warranty or representation in relation to any Transportation Supplier and/or any Transportation offered or provided by any Transportation Supplier. The Transportation Supplier is solely responsible for providing you with Transportation booked through this booking engine.

FEES AND CHARGES

The accuracy of any price quoted for Transportation via this booking engine and any booking made on this booking engine is dependent upon and subject to the booking information you provide via this booking engine (including but not limited to the age of the driver, location and time of pick up and/or drop off).

SERVICE ACCESS

While CarTrawler endeavors to ensure that the booking engine is normally available 24 hours a day, CarTrawler will not be liable if, for any reason, the booking engine is unavailable at any time or for any period. Access to the booking engine may be suspended temporarily and without notice in the case of system failure, maintenance, repair or for reasons beyond CarTrawler’s control.

BOOKING CONDITIONS

Please read the following conditions which apply to bookings made by you with Transportation Suppliers through this booking engine.

A. Making a Booking
B. Confirmation of Booking
C. Cancellations
D. Transportation Pricing & Exchange Rates
E. Complaints Procedure

LINKS TO THIRD PARTY SITES

This booking engine may display links to resources located on servers or websites operated by parties other than CarTrawler. The listing of any link(s) to external resources is not and should not be taken as a recommendation from CarTrawler or a warranty or representation that the information or services offered on such websites will be of a certain standard or suitable for your purpose. Such hyperlinks are provided for your reference and convenience only. The inclusion of hyperlinks on this booking engine to other websites or servers does not imply any endorsement of the material on such websites or servers (including but not limited to material relating to travel information or services) or any association with their operators. CarTrawler does not control and is not responsible for such websites or the servers or the parties operating such websites or servers, and accordingly, CarTrawler accepts no responsibility or liability for any material contained on those servers or websites, or the accuracy or legality of information contained on other websites or servers. You will need to use your own discretion when utilising these other websites or servers and any information contained therein. If you decide to access any of the third party websites linked to this booking engine, you do so entirely at your own risk and you will leave this booking engine and be re-directed to a website over which CarTrawler has no control.

The Google terms of service for Google Maps (“Google TOS”) govern your use of Google Maps on our site. When using Google Maps you must comply with the Google TOS, https://developers.google.com/maps/terms?hl=en.

LIABILITY

In the event of a dispute between CarTrawler and you, our liability to you, if any, is limited to the amount paid by you for the Transportation. CarTrawler hereby excludes to the fullest extent permitted by law any warranties (whether express or implied), as to the quality, completeness, performance or fitness for a particular purpose of (i) Transportation booked through this booking engine and (ii) this booking engine and any of its contents, including, but not limited to, any information relating to the Transportation Supplier contained within this booking engine and the technology supporting and provided on this booking engine.

As CarTrawler is not providing Transportation and is, therefore, not a party to the Transportation Conditions it has no responsibility or liability (directly or indirectly) to you or any other party in respect of the terms of your Transportation Conditions, including, but not limited to, any issues or disputes with the Transportation Supplier including, but not limited to disputes relating to personal injury or damage to Transportation arising out of or in connection with the Transportation and/or the Transportation Conditions.

EXCEPT TO THE EXTENT CONTRARY TO LAW, NEITHER CARTRAWLER NOR ANY OF OUR DIRECTORS, OWNERS, EMPLOYEES, AFFILIATES, TRAVEL PARTNERS OR OTHER REPRESENTATIVES WILL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL LOSSES AND/OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF ANY INFORMATION, PRODUCTS, SERVICES AND/OR MATERIALS OFFERED AND/OR BOOKED THROUGH THIS BOOKING ENGINE AND/OR OTHERWISE ARISING, INCLUDING, BUT NOT LIMITED TO, LOSS OF (I) DATA, (II) BUSINESS REVENUE, (III) INCOME, (IV) TIME, (V) SAVINGS, (VI) PROFIT AND/OR (VII) OPPORTUNITY AND/OR LOSS OF AND/OR DAMAGE TO PROPERTY; FAILURE TO REALISE EXPECTED PROFITS OR SAVINGS AND ANY OTHER ECONOMIC LOSS OF ANY KIND, EVEN IF CARTRAWLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR SUCH LOSS OR DAMAGE WAS REASONABLY FORESEEABLE.

For the avoidance of doubt, CarTrawler will in no circumstances be liable to you for any loss or damage suffered by you as a result of your use of any travel information, services and/or hyperlinks referred to in the section entitled “Links to Third Party Sites” above.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this booking engine, you undertake to CarTrawler that you will not use this booking engine for any purpose that is unlawful or prohibited by or contrary to the Booking Conditions or in any way that might bring the reputation of CarTrawler into disrepute.

AGE AND RESPONSIBILITY

By using this booking engine, you confirm that you are of sufficient legal age to book Transportation and to take responsibility for any liability you may incur as a result of the use of this booking engine. In using this booking engine, you understand that you are responsible, financially and otherwise, for all uses of this booking engine by you and those using your login information. CarTrawler recommends you protect your login information.

NO LIABILITY IN CREDIT CARD OR DEBIT CARD TRANSACTIONS

CarTrawler endeavours to ensure that all credit card and debit card transactions conducted on this booking engine are secure. HOWEVER, if unauthorised charges appear on any credit card or debit card statement, for any card (i) which you used during the booking process on this booking engine and/or (ii) the details of which you disclosed on this booking engine, CarTrawler will not be liable or responsible in any way for any damage or loss of any nature whatsoever suffered by you arising from or in any way connected with such use or disclosure, save that this will not affect any statutory rights which you may have. Please note this booking engine is VeriSign secured. CarTrawler is fully compliant with the requirements for cardholder data that are prescribed in the Payment Card Industry Data Security Standard.

COPYRIGHT, NOTICE AND LIMITED LICENCE

All of the information within this booking engine including, but not exclusive to, content, text, graphics, images, trade names, structure, photographs, buttons, artwork, computer code are protected by copyright, various intellectual property laws and laws under law and international treaties and is only available to you for personal use for purpose of making a Transportation booking. Unless you have received written consent from CarTrawler to the contrary, you may only use the booking engine and its content for personal, non-commercial purposes. You do not have permission to modify copy, distribute, collate, transfer, reproduce or display any of the above or anything else displayed through the booking engine for any purpose, either personal or commercial. In particular, by proceeding to access this booking engine, you agree not to:

  1. use the booking engine to make any speculative or false bookings;
  2. use the booking engine to research Transportation Suppliers or Transportation Suppliers’ pricing;
  3. use any automated systems, robots or software to extract data from this booking engine;
  4. use the name 'CarTrawler' or any CarTrawler branding for commercial purposes without obtaining prior written permission from CarTrawler; and/or
  5. copy or reproduce material from this booking engine for commercial purposes.

DISCLAIMER

This booking engine is made available to you on an “as is” basis and CarTrawler makes no warranties or representations to the effect that (i) this booking engine or the technology (servers etc.) through which it is available and which supports it will be without fault or defects or (ii) the information posted on this booking engine is free from infection by viruses or anything else with contaminating or destructive properties. CarTrawler accepts no liability for any infection or any effects from harmful applications such as, but not limited to, viruses, trojans, tampering, fraud, theft, error, technical failure, omissions, delay, unauthorised access or any event which corrupts the acceptable administration, communication and/or integrity of this booking engine.

WAIVER

Our failure to enforce at any time, or for any period, any one or more of the Booking Conditions will not be a waiver of any such Booking Conditions or the rights attaching to any of them.

HEADINGS AND CARTRAWLER

The headings used in these Booking Conditions are for reference only and will not affect the meaning or scope of these Booking Conditions. CarTrawler is a business name owned by Etrawler and all references to CarTrawler in these Booking Conditions are deemed to include reference to Etrawler.

MODIFICATION OF THE BOOKING CONDITIONS AND TRANSPORTATION CONDITIONS

CarTrawler reserves the right, at its absolute discretion, to amend and/or update the Booking Conditions and the contents of this booking engine for any reason, without prior notice, and without liability to you, any other user or any third party. This right will not affect the Booking Conditions accepted by you, the user, upon making a legitimate booking using this booking engine and we suggest that you save and/or print a copy of such Booking Conditions at the time of making your booking for your own records. CarTrawler does not physically store copies of the Booking Conditions in respect of each booking but you may access these at any time through your Voucher or the booking engine. You should check these Booking Conditions for any changes each time you access the booking engine.

The Transportation Supplier may from time to time change its Transportation Conditions contained on the booking engine and confirmed in your Voucher. CarTrawler is not responsible and will have no liability if the Transportation Conditions available on this booking engine or in your Voucher have been or are changed by the Transportation Supplier at any time.

GENERAL BOOKING CONDITIONS

The Booking Conditions and your use of and access to this booking engine are governed by the laws of Ireland. The courts of Ireland will have exclusive jurisdiction over all disputes arising between you and CarTrawler out of or relating to your use of this booking engine. Use of this booking engine is unauthorised in any jurisdiction that does not give effect to all provisions of the Booking Conditions, including, and without limitation this paragraph. You agree that no partnership, employment, or agency relationship exists between you and CarTrawler as a result of the Booking Conditions or your use of this booking engine. Our performance of the Booking Conditions is subject to existing laws and legal process and nothing contained in these Booking Conditions will prevent CarTrawler from complying with any law enforcement or governmental authorities requests or requirements relating to (i) your use of this booking engine or (ii) information provided to or gathered by CarTrawler, with respect to your use of this booking engine. CarTrawler will not be liable to you where it complies with such requests or requirements. It is a violation of these Booking Conditions to use any information obtained from this booking engine in order to harass, abuse or harm other persons, or in order to contact, advertise to, solicit or sell to any user or person without their prior express consent.

PRIVACY POLICY

Our Privacy Policy also applies to your use of this booking engine http://www.holidayautos.com/en/privacy-policy?c=ie, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our booking engine, you consent to such processing and you warrant that all data provided by you is accurate.

CarTrawler reserves the right in its sole discretion to amend the Privacy Policy at any time and you should regularly check the Privacy Policy for any amendments. Any questions in this regard, must be communicated through one of the communication methods listed on your Voucher or via our website www.cartrawler.com.