You must be at least 18 years old to use the Thomas Cook mobile application.
Who We Are
The Thomas Cook mobile application is 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 the Broadgate Tower, Third Floor, 20 Primrose Street, London, United Kingdom, EC2A 2RS.
Rights We Grant to You
General terms of our Agreement. These Terms are binding upon you and Thomas Cook and do not give rights to any third parties. You will be responsible for complying with these Terms, whether or not you own the phone or other device upon which you have used, accessed, or registered for the App or any of our Services.
Transfer. We may transfer our rights and obligations under these Terms to another organisation. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
You cannot transfer your rights or obligations under this agreement without our consent.
Severability. If any aspect of these Terms is unenforceable, the rest will remain in effect.
Waiver. If we fail to enforce any aspect of these Terms, it will not be a waiver. We reserve all rights not expressly granted to you.
Additional Terms. These Terms refer to the following additional terms and policies, which also apply to your use of the App and the Service, including:
Our Community Guidelines: https://www.thomascook.com/legal/thomas-cook-community-guidelines
Changes to these Terms. We may amend these Terms from time to time to reflect changes in law or best practice or to deal with additional features which we introduce. Every time you wish to use the App or any Service on the App, please check these Terms to ensure you understand the terms that apply at that time.
We will give you at least 30 days’ notice of any change by notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
Description of the Services
We agree to provide you with the Thomas Cook Service which includes all of the Thomas Cook products, features, applications, services, technologies, and software that we provide to advance Thomas Cook’s mission: To build a community where people can dream, create and share in order to help you find the holiday that’s perfect for you.
The Service allows you to create, publish and share content available on the App through, without limitation, any text, photographs, short-form videos related to travel and holiday experiences (“User-generated Content”), and to consume and interact with User-generated Content that has been created, published or shared by other users.
The App allows you to make bookings for Thomas Cook holidays and ancillaries, look up booking details if you have made a booking or add ancillaries to existing bookings.
As part of our Service, you will also have access to support through live chats with travel agents.
The following features are essential to the provision of our Service:
We are committed to helping you find the holiday that is perfect for you. In seeking to understand your interests, we build systems to understand your interests in order to help you create, find, and share in experiences that are relevant to you. This feature includes using data from the App and other Thomas Cook products to learn more about your interests and making content, marketing material and accounts that we identify as aligning with your interests more visible to you.
Continuous improvement of our Services.
We collect, organise and analyse the information on how all users use the App. We use this information to identify how we can improve the App and the Service to better meet your needs.
Consistency across our App and Website.
Changes to the App and our Service. We may automatically update and change the App from time to time in response to changes to our users’ needs and our business priorities and to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
Suspension or withdrawal of the App. We do not guarantee that our App, 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 the App for business and operational reasons.
Intellectual Property Rights
All intellectual property rights in the App and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, or the Service other than the right to use them in accordance with these Terms.
If you use content covered by intellectual property rights that we have and make available in the App (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours) and you grant a licence to us in accordance with these Terms to use the content you have made available on the App.
You may not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
We do not share your identity, with our advertisers. Instead, we allow advertisers to provide to us descriptions of their products, services, brands, or campaigns and, where we identify that a product, service, brand, or campaign aligns with your interests, the relevant ad will be pushed to your feed. This process ensures that only useful and relevant marketing material appears on your feed.
We maintain reports about the performance of the ads that appear in the App including information about how people interact with ads. The information contained in these reports is anonymised, meaning that we do not record any information that directly identifies you (information such as your name or any contact information that by itself can be used to identify who you are) in these reports unless you give us specific permission to do so. For example, we will only record general demographic, interest, and engagement information to help us better understand our audience. We reserve the right to share these anonymised reports with our advertisers or third party advertising agencies and marketing activation platforms.
Who Can Use the App
You must be at least 18 years old to use the App.
You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
We must not have previously disabled your account for violation of law or any of our policies.
You must not be a convicted of any violent crime or any sexual offence.
Your Account with Us. To access or use the App, you must create an account with us. When you create this account, you do not have to disclose your identity to us, but you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. It is important that you keep your account password confidential and that you do not disclose it to any third party.
Termination of your Account. We reserve the right to temporarily or permanently suspend or terminate your account with or without notice to you, including:
due to unexpected technical or security issues or problems; or
if there are extended periods of inactivity in your account.
If we permanently suspend or terminate your user account, we will notify you in advance in order to allow you time to access and save your information and content unless we have reason to believe that continued access to your account will cause damage to us or our Services or violate requests by law enforcement or other government agencies, applicable laws or regulations or third party rights.
Subject to any statutory rights you might have, if your account is temporarily or permanently suspended or terminated, access to your username, password, and any related information or content associated with your account may be suspended or terminated. As we do not guarantee the permanent availability of your content, you should make backups of any content you value.
If you no longer wish to use our Services, you can request the deletion of your account through the functionalities provided on the App. If you require further assistance or guidance through the process of deleting your account, you can also contact us through the Customer Support Centre.
Please be aware that once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have uploaded to the App.
How you may use the App
Permitted uses of the App. Your use of the App and the Services must comply with these Terms, our policies (including our Community Guidelines) and all applicable laws and regulations.
Prohibited uses of the App. In fostering a safe community, we are all required to play our part. All users are required to refrain from certain activities on the App which may be detrimental to the safety of others.
You may not violate (or aid or encourage others to violate) these Terms and our policies, including the Community Guidelines.
You may not use the App of any of our Services for any unlawful, misleading, or fraudulent activity or for an illegal or unauthorised purpose.
You may not impersonate another person, brand, or legal entity that you are not or for whom you do not have the authority to represent.
You may not create an account for someone else without first obtaining their express permission.
You may not publish or share any content that is stated as being strictly prohibited in the Community Guidelines.
You may not post any content to the App that is in violation of another person’s intellectual property rights.
You may not use the app to engage in any activities that may unjustifiably limit or infringe the rights and freedoms of others, that are unlawful or otherwise objectionable.
You may not intentionally frustrate the intended operation of the App or any Service.
You may not use the App or any Service in a way that could interrupt Services offered on the App and/or damage, impair, or compromise our systems or security.
You may not post someone else’s private or confidential information without first obtaining their permission or do anything that violates someone else's rights, including intellectual property rights (for example, copyright infringement, trademark infringement, counterfeit, or pirated goods).
You may not modify, translate, create derivative works of, or reverse engineer our products or their components.
You may not use a domain name or URL in your username without our prior written consent.
How we deal with Harmful Content
We are under the jurisdiction of the United Kingdom for the purposes of the Audiovisual Media Services Directive 2020/1062.
As a Video Sharing Platform, we have implemented appropriate measures to protect the general public from content inciting violence or hatred, and content constituting criminal offences relating to terrorism, child sexual exploitation and abuse, and racism and xenophobia. Furthermore, even though we do not intend for the App or any of our Services to be used by children (persons under the age of 18), we have implemented measures to ensure that the content made available on our app would not impair the physical, mental or moral development of any child who views content on this app in contravention of the age restriction. These measures include:
Content moderation. We moderate user-generated content (including videos, audio, livestream, images, comments, and text) that is uploaded to the App for any breaches of our Terms and policies (including Community Guidelines) and the law in order to ensure that no harmful content is shared on the App. Our third-party moderation service providers use technologies such as artificial intelligence to give us the power to apply complex moderation processes across our Service and remove any harmful content from our App as soon as possible. Human moderators will also monitor content and check any content that is flagged for abuse by artificial intelligence.
Age restriction. We strictly enforce our age restriction to ensure that no user under the age of 18 registers for and uses the App with systems in place for obtaining assurance as to the age of potential users. Our third-party content moderators also monitor content for any breaches of the age restriction and, where underage users are identified, such accounts will be deleted.
Community Guidelines. We have adopted a comprehensive set of Community Guidelines that all content and each and every user of the App must comply with if they wish to use the App. These Community Guidelines aimed at establishing and maintaining a community that is safe, inclusive and free of harm or risks of harms. In terms of these Community Guidelines, users are expressly prohibited from posting harmful content.
Reporting. All users (including you) are encouraged to report any content that they believe violates these Terms, our policies and Community Guidelines, or any law. Our reporting procedures are easy to use, transparent and we aim to respond to your reports as soon as possible. Learn more about our reporting and appeals processes by reading our Community Guidelines.
Removal of Harmful Content. Through our moderation of user-generated content and reporting processes, if we identify any harmful material, publishing of the offending content to the App will be denied or, if the offending content is already published to the App, it will be removed from the App.
Termination. We reserve the right to temporarily or permanently suspend or terminate any user account (including your account) with or without notice on the following grounds:
if we reasonably believe that the user has violated, or we have objective grounds to reasonably believe that the user is about to violate, the Terms, including any policies (such as our Community Guidelines), or any applicable laws or regulations;
if activities occur on a user’s account which, in our sole discretion, would or might cause damage to or impair us or our Services or infringe or violate any third party rights (including intellectual property rights); and
in response to requests by law enforcement or other government agencies under valid legal process.
Complaints procedure. For any complaints concerning specific measures we have taken to protect users from harm, or execution of any of the appropriate measures set out in these Terms, users are encouraged to follow our complaints procedure. Learn more about our Complaints Procedure by reading our Community Guidelines.
The relevant regulatory body responsible for monitoring enforcement of the Audiovisual Media Services Directive 2020/1062 is Ofcom which has its offices at Riverside House, 2a Southwark Bridge Road, London, SE1 9HA. If you wish to contact Ofcom for advice or to make a complaint, you can do so:
Permissions You Give to Us
By signing up to use the App and access the Services, you grant us certain permissions and make certain representations that we require to provide the Service.
You grant us a license to use the content you share, post and upload to the App. When you share, post, or upload content that is covered by intellectual property rights (for example, photos or videos) on or in connection with the App or our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings).
In granting this license to us, you will remain the owner of any content you create, upload and post on the App and you are free to share your content with anyone else or on another platform. The granting of this license provides us with legal permission to use your content in order to provide our Services.
For the avoidance of doubt, subject to the Privacy Settings enabled on your account, the license you grant to us to use the content you share, post and upload to the App will enable us to use your content for promotional and marketing purposes as well as to publish your content on the Website: https://www.thomascook.com/.
You agree that we can download and install updates to the App on your device.
Representations you make to us
When you post content to the App, you agree and represent that you are the owner of that content, or that you have received all necessary permissions (including any necessary licenses), clearances from, or are authorised by, the owner of any part of the content to submit such content to the app, to transmit it from the App to other related platforms, and/or to otherwise make any use of such content on or through the App.
Disclaimers. THE APP IS PROVIDED “AS IS,” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES OR REPRESENTATIONS TO YOU, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP AND ANY OF OUR SERVICES. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; AND
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
Limitation of Liability. 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.
Exclusions from Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, 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, THE APP; OR
USE OF OR RELIANCE ON ANY CONTENT DISPLAYED ON OUR SITE.
Please note that we only provide the App and our Services for domestic and private use. You agree not to use the App, or any of our Services, for any commercial or business purposes, and WE SHALL NOT BE LIABLE TO YOU FOR ANY (WHETHER DIRECT OR INDIRECT):
LOSS OF PROFIT,
LOSS OF BUSINESS, BUSINESS INTERRUPTION,
LOSS OF ANTICIPATED SAVINGS,
LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, OR
ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS.
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 repair the damage or if repair is not possible, replace the damaged device or digital content with a comparable replacement or if neither repair nor replacement is possible we will pay you compensation to an amount determined by us to be reasonable. However, we will not be liable for damage that you could have been avoided by following advice to apply an update offered to you free of charge or for damage that was caused by your failure to follow installation instructions or to have in place the minimum system requirements advised.
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 or for fraud or fraudulent misrepresentation.
We are not responsible for other websites you link to. The App may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to exercise your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
by email: firstname.lastname@example.org; or
by post: UK Legal & Compliance Dept, Thomas Cook Tourism, C/O Tmf Group 8th Floor, 20 Farringdon Street, London, United Kingdom, EC4A 4AB.
For any queries, concerns or complaints related to any harmful content available on the App, please contact us:
by email: email@example.com; or
by post: UK Legal & Compliance Dept, Thomas Cook Tourism, C/O Tmf Group 8th Floor, 20 Farringdon Street, London, United Kingdom, EC4A 4AB.