www.thomascook.com is a site operated by Thomas Cook Tourism (UK) Proprietary Limited ("We"). We are registered in England and Wales under company number 12211539 and have our registered office at 8th Floor, 20 Farringdon Street, London, EC4A 4AB, United Kingdom.
To contact us, please firstname.lastname@example.org
Changes to these terms. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
Changes to the site. We may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities.
Suspension or withdrawal of the site. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.
Transfer. We may transfer our rights and obligations under these terms to another organisation.
Account details. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
Material on our site. We are the owner of or hold a license for all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off a copy, and may download extracts, of any page(s) from our site for your personal use only.
You must not modify paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Information on this site. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Links. This site contains links to other websites that may either be websites operated by companies or brands which are members of the Fosun group of companies or external websites operated by our selected suppliers or partners or other third party websites. Occasionally as you browse, book travel arrangements or use the functionality on this site we may provide you with links or connect you to websites which may be our branded or third party branded sites. These links or connections are made available so you can search for and purchase additional services, find out further information on our services and your personal travel arrangements quickly and easily and find out about the products and services of our other group companies and brands. Please note that we are not responsible for nor do we endorse the content of these websites and your access and use of these websites will be subject to the terms and conditions of those websites.
User-generated content. This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Notwithstanding anything to the contrary contained in these terms or on the site, our total liability to you shall not exceed an amount equal to the relevant product purchased from us to which the loss relates.
If you are a business user:
• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
If you are a consumer user:
• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised.
Personal Information. We will only use your personal information as set out in our www.thomascook.com/privacy-policy.
Uploading content to our site
• Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy published from time to time.
• You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
• Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
• We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in the Acceptable Use Policy section below.
• You are solely responsible for securing and backing up your content.
Acceptable Use Policy.
This Acceptable Use Policy sets out the content standards that apply when you use our site, upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.
Prohibited Uses. You may use our site only for lawful purposes. You may not use our site: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to bully, insult, intimidate or humiliate any person; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (including as set out in paragraph 8 below); to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or to misuse our site by knowingly introducing viruses, trojans , worms, logic- or other material that is malicious or technologically harmful. any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Interactive Services. We may from time to time provide interactive services on our site, including, without limitation, chat rooms and bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
The views expressed by other users on our site do not represent our views or values.
Content Standards. These content standards apply to any and all material which you contribute to our site (a “Contribution”), and to any interactive services associated with it.
These content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contributifon as well as to its whole. You warrant that any such contribution does comply with the content standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Thomas Cook will determine, in its discretion, whether a Contribution breaches the content standards and has the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
A Contribution must: be accurate (where it states facts); be genuinely held (where it states opinions); and comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not: be defamatory of any person; be obscene, offensive, hateful or inflammatory; bully, insult, intimidate or humiliate; promote sexually explicit material; include child sexual abuse material; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal content or activity; be in contempt of court; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; impersonate any person or misrepresent your identity or affiliation with any person; give the impression that the Contribution emanates from Thomas Cook, if this is not the case; advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; and/or contain any advertising or promote any services or web links to other sites.
Breach of the Acceptable Use Policy. When we consider that a breach of the Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this Acceptable Use Policy constitutes a material breach of the terms upon which you are permitted to use our site, and may result in our taking all or any of the following actions: immediate, temporary or permanent withdrawal of your right to use our site; immediate, temporary or permanent removal of any Contribution uploaded by you to our site; issue of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; further legal action against you; and disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Viruses. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.