terms of use

Terms of Use (as of 8 November 2011)

pocketvillage GmbH (“We”) offers listings of various products and services through its website (pocketvillage.com).

No variation to these Terms of Use shall be of any effect unless made in writing by and with the authority of pocketvillage.

1. By using pocketvillage.com, you agree to be legally bound by these terms, which shall take effect immediately.

2. If you do not agree to be legally bound by all the following Terms of Use, please do not access and/or use pocketvillage.com.

3. pocketvillage may change these Terms of Use at any time by posting changes online. Please review these Terms of Use regularly to ensure you are aware of any changes made by pocketvillage. Your continued use of pocketvillage.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

4. The content of the pages of this website is for your general information and use only.

5. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use pocketvillage.com content (inclusive of text, images, URLs, etc.) in any way except for your own personal, non-commercial use. Any other use of pocketvillage.com content requires the prior written permission of pocketvillage.

6. You agree to use pocketvillage.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of pocketvillage.com.

7. Your use of pocketvillage.com is intended for personal, noncommercial use and/or to make legitimate requests to book the products or services offered. You agree not to use this site to make any speculative, false or fraudulent requests. You agree not to use robots or other automated means to access this site, unless specifically permitted by pocketvillage.

8. We grant you permission to use the site subject to the restrictions in these Terms of Use. In accessing or using the site, you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. pocketvillage does not endorse such content, and cannot vouch for its accuracy. You therefore access and use the site at your own risk.

9. pocketvillage does not enter into any contract with you as regards the products and services listed at pocketvillage.com. Specifically, pocketvillage does not act as a travel agent. If you choose to book a product or service listed on pocketvillage.com, you will enter into a contract with a) pocketvillage’s partner website and/or b) the partner website’s supplier. For details please refer to the terms & conditions laid out on pocketvillage’s partner websites.

10. Prices listed on pocketvillage.com are per person, unless otherwise specified. Prices listed on pocketvillage.com were correct at the time of receiving such information from pocketvillage’s partner websites. Where necessary, prices were converted from local currency to EUR, USD, AUD, GBP and/or CAD at the prevailing foreign exchange rate. pocketvillage does not guarantee and cannot be held liable for the correct display of prices. Please refer to the partner’s website to view the actual product price and currency.

11. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

12. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

13. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

14. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

15. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

16. This website may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

17. Under no circumstances will pocketvillage or its agents, affiliates, service providers, suppliers, and/or distributors be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of pocketvillage.com regardless of the form of action.

18. pocketvillage’s content – including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to pocketvillage, pocketvillage.com and/or to a pocketvillage-affiliated website, service provider, operator and/or distribution partner is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

19. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.

In case IP-anonymisation is activated on this website, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases the whole IP address will be first transfered to a Google server in the USA and truncated there. The IP-anonymisation is active on this website.

Google will use this information on behalf of the operator of this website for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.

The IP-address, that your Browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en.

20. You agree that you will not, and will not assist or enable others to:

20.1 use the site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user’s use of the site;

20.2 use the site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

20.3 use the site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

20.4 use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the site or any site content;

20.5 attempt to gain unauthorized access to the site, user accounts, computer systems or networks connected to the site through hacking, password mining or any other means; use the site or any site content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”); use any device, software or routine that interferes with the proper working of the site, or otherwise attempt to interfere with the proper working of the site; make excessive traffic demands; use the site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the site or site content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the site, features that prevent or restrict the use or copying of site content, or features that enforce limitations on the use of the site.

21. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

22. Your use of this website and any dispute arising out of such use of the website is subject to the laws of Germany.

“pocketvillage” is a registered trademark of pocketvillage GmbH.