- 28 Feb 2023
Terms of Service
- Updated on 28 Feb 2023
Welcome to 'https://www.weski.com' (the “Website”), an online portal that lets you search for and book snow- ski and other package holidays that we have available for sale (the “Travel Services”). The Website is owned and operated by Weski Europe B.V., a company registered in the Netherlands with company number 87334100 at Mr D.U. Stikkerstraat 10, 6842CW, Arnhem, Netherlands (“WeSki“, the “Company”, “us” “we”, “our”).
For the purposes of these Website Terms of Service and Use (the “Website Terms“) “you“ and “your“ refers to the persons accessing this Website (including persons who access this Website on behalf of other persons).
Please read carefully the following Website Terms as they constitute a binding agreement between you and us and spell out your rights and responsibilities regarding your use of the Website. Given the role of the Website in making the Travel Services available to you, your obligations under these Website Terms are to both WeTrip, its owner and operator, and WeSki, its user, jointly.
By accessing or using the Website or booking Travel Services through the Website you agree to these Website Terms. If you do not agree to these Website Terms, you may not access or use the Website in any way.
Your contact with us
If you are contacting us from any European country you can reach us by post at Mr D.U. Stikkerstraat 10, 6842CW, Arnhem, Netherlands, by email at firstname.lastname@example.org or by telephone at +31 (0)85 208 3653.
Who are we
You may contact us by postal mail using the address above, by email to email@example.com
Sharing on facebook
You may “share” the details of your booking with your Facebook friends with whom you booked the package. You may also “share” the details of your bookings on your Facebook wall. Using Facebook in these ways is governed by Facebook's terms of service, not these Website Terms.You are solely responsible for complying with Facebook's terms of service.
If you are under 18 years of age, then you must obtain permission from your parent or legal guardian to accept these Terms. We reserve the right to terminate your account, if we find that you are younger than the minimum age specified above. We may request additional information to confirm your age, at any time.
Registration and user account
You must submit only true, accurate and complete details when registering to the Website.
You are solely responsible and liable for all activities performed with or through your User Account. To prevent unauthorised use, keep your password confidential and do not share it with any third party. If you know or suspect that your access to this Website or your User Account is no longer secure for any reason you must promptly change your User Account password.
You are prohibited from selling or transferring your User Account or making it available to anyone else. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process.
Consent to receive commercial messages
By signing-up to the Website with a User Account, you show your intention to use our services. Unless you indicate otherwise at the time by clicking the 'opt out box', you give us your consent for the time being to send you updates on similar products and services which we 2 provide. You will also have the opportunity to opt in to receiving updates from us about products and services offered by some of our or WeSki's selected partners. At any time, you may withdraw your consent and unsubscribe from such marketing messages.The methods though which you may unsubscribe will be detailed in the marketing messages which we send you.
Subject to these Website Terms, you may use the Website to search for and book Travel Services with WeSki, to view the availability of WeSki's services and to transact business with WeSki and for no other purpose.While using the Website, you must refrain from –
Breaching these Terms or any other applicable rules and instructions that we may provide with respect to the Website
Interfering with, burdening or disrupting the functionality of the Website
- Breaching the security of the Website or publicly identifying any security vulnerabilities in it
- Circumventing or manipulating the operation or functionality of the Website, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service
- Sending automated or machine generated queries
- Using robots, crawlers and similar applications to collect and compile content from the Website or send data to the Website including for the purposes of competing with the Website, or in such ways that may impair or disrupt the Website’s functionality
- Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity
- Collecting, harvesting, obtaining or processing personal information of or about other users of our Website
- Linking to the Website from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination; and
- Engaging in any activity that constitutes a criminal offense or gives rise to civil liability.
Links and ads
The Website may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find the content posted there not suitable to your requirements, objectionable, annoying, improper, unlawful or immoral.
By linking to a particular website, we do not endorse, or sponsor its content, or confirm its accuracy, authenticity, reliability, validity, integrity, or legality. We are not responsible for such third party websites or content, or their availability, or for any transactions made between you and such third party websites.
We may present paid advertisement on behalf of interested vendors on the Website. By clicking the advertisements you may be redirected to a website of the advertiser or receive other messages, information or offers from the advertiser. We are not responsible for the practices of the advertiser, or the content of its website, information, messages or offers. You are responsible for all communications with advertisers and to all transactions you conclude with them.
You may post a link to the home page of the Website on other websites and on social media, subject to the Website use and Intellectual Property provisions of these Website Terms, and only if you agree to remove the link immediately if we ask you to, for any reason. You may not post links to any page of the Website other than the home page.
All rights, title and interest in and to the Website and its contents, appearance, organization and layout, underlying software code and underlying data, including the under in all parts of the world, are the exclusive property of the Company and our licensors. This includes without limitation, patents, utility models, copyrights, database rights, trademarks, trade names, service marks, trade secrets and all other registered and unregistered intellectual property rights and any goodwill associated therewith.
Unless otherwise authorised by us in advance you must not copy, distribute, display or perform publicly, make available to the public or communicate to the public, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Website or any part thereof (including its content, underlying software code or underlying data), in any way or by any means.
You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill or reputation.
Changes and availability
We may, at any time and without prior notice change the layout, design, scope, features, contents or availability of the Website.
We may revise these Website Terms, in whole or in part, at any time by putting you on notice of the amended Website Terms, either by placing a prominent notice on the Website and or by alternative means. The revised Website Terms will be effective from the date and time of such notice. Your continued use of the Website after the effective date of the amended Website Terms constitutes your consent to the amended Website Terms.
Termination and suspension
The Company may at any time, in its sole discretion, temporarily or permanently discontinue or suspend the operation of the Website and its business. The Company is not obliged to give any notice prior to such discontinuation or suspension, and these Website Terms shall terminate upon our permanent discontinuation of the operation of the Website and its business.
We may temporarily or permanently deny, limit, suspend, or terminate your User Account and block your access to the Website if we or WeSki have reason to believe that -
- You have breached these Website Terms; or
- You performed any act or omission that violates any applicable law, or is harmful or may be harmful to us or any other third party, including but not limited to other users of the Website.
You may terminate these Website Terms by providing us a written notice of termination, at which point you will cease to use your User Account and the Website.
The following sections shall survive termination of these Website Terms: Intellectual Property, Disclaimers and Limitation of Liability, Indemnification, Governing Law and Disputes.
Disclaimers and limitation of liability
Other then the warranties mandated by law or otherwise expressly presented on the website
- The website and its contents are provided on an “as is“ and “as available“ basis without warranty of any kind.
- We and our officers, directors, shareholders, employees, sub-contractors, agents and affiliates (the “staff“) disclaim all other warranties and representations, either express or implied, with respect to the website, its content and travel services offered on it or booked through it, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, quality, non-infringement, title, value, compatibility, performance, security, accuracy, enhanced goodwill or expected benefits.
- We do not warrant that (1) the website will be uninterrupted, error-free or will meet your requirements or expectations in any way; or that (2) the website will always be available or free from malwares, computer viruses or other harmful components.
To the greatest extent permissible under law
- The company, and its staff shall not be liable to you for any direct, indirect, special, punitive, exemplary, statutory, incidental or consequential damage of whatsoever kind, including loss of profit, or any similar damage or loss, costs, expenses and payments, whether in tort, contract, or in any other form or theory of liability, arising from, or in connection with access to or use of the website, its content and travel services offered on it or booked through it, or any other aspect of these website terms, even if the company is advised of the possibility of such damages;
- The company’s total and aggregate liability to you for damages, losses or causes of action (whether in tort, contract, or in any other form or theory of liability), arising from, or in connection with the website, its content and travel services offered on it or booked through it, or any other aspect of these website terms, is limited to the amount you actually paid to WeSki for the travel services purchased in the six months preceding the event purportedly giving rise to the damage, loss or cause of action.
Nothing in these Website Terms shall exclude or limit our liability for death or personal injury caused by negligence or for fraud and fraudulent misrepresentation.
You agree to indemnify and hold the Company and WeSki and their respective managers, directors, shareholders, employees, sub-contractors, agents and anyone acting on their behalf, harmless in respect of any claim, demand, damage, loss, loss of profit, payment, settlements or expense they incur (including attorney’s fees and legal expenses) in connection with your breach of these Website Terms, your use of the Website, or your violation of any right of a third party in connection with the Website.
Jurisdiction and Applicable Law
These terms and conditions and the provision of our services shall be governed by and construed in accordance with the laws of the Netherlands. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereafter also referred to as "consumer") can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereafter: "Mandatory Provisions"). Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the Netherlands. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable Mandatory Provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled. For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our Customer Service. If this does not resolve your complaint, you can upload your complaint via the European Commission's ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.
Whenever used in these Website Terms, the term “Including“, whether capitalized or not, means without limitation to the preceding phrase. All examples and all “i.e.“ and “such as“ notations, indicate an illustration, by way of example only, of the preceding phrase, without limiting its generality.
These Website Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Failure on our part to demand performance of any provision in the Website Terms shall not constitute a waiver of any of our rights under the Website Terms.
You may not assign, transfer or delegate your rights or obligations under the Website Terms without our prior written consent. Any attempted or actual assignment, transfer or delegation by you, without our prior consent, shall be null and void. Where necessary due to a merger, acquisition, change of control or the sale of all or substantially all of the Company’s equity or assets, Company may, upon notice to you, assign, transfer and delegate these Website Terms, in their entirety, including all of its rights, performance, duties, liabilities and obligations contained herein. With such assignment, transfer and delegation, Company is irrevocably released from all its duties, liabilities and obligations herein.
The section headings in the Website Terms are included for convenience only and shall take no part in the interpretation or construing of the Website Terms.
If any provision of the Website Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, to reflect, as closely as possible, the original intention of that provision, and the remaining provisions of the Website Terms shall continue to remain in full force and effect.