Boutiquetravellers Terms of Service

Welcome to the world of boutiquetravellers and we are very happy that you are joining our world and using our services. This site and all other related websites and related software applications such as mobile apps, SMS, chats, forums, emails, buttons, widgets. Ads, APIs linked to our content (in general the "sites") provide information on third party accommodations (“accommodations”) and other travel-related or consumer goods and services. The sites are offered exclusively by BOUTIQUETRAVELLERS GmbH and/or its affiliates or subsidiaries (in general “BT”) and/or its various third party providers and distributors. The offer of goods and/or services is conditioned on the user's (in general "users or you/r”) prior acceptance of the terms and conditions and notices set forth herein and on other pages of the sites (in general the "terms"). Any data, text, graphics, photos, audio, videos, links, information, code or other materials or arrangements of materials that you can view on, access or otherwise interact with through on our sites shall be referred to as “content”. Please note that as part of our services, we sometimes provide you with notifications about special offers, products, or additional services available from us, our affiliates, or our partners, that may be of special interest to you. Such notifications will typically be sent through newsletters and marketing communications and are aimed to get to know you better and your preferences related to travelling, our services and those of our affiliates. We will try to provide you with customized information due to your personal preferences.

PLEASE NOTE THAT BY ACCESSING, USING, COMMENTING, REVIEWING, TRANSMITTING, CACHING OR STORING THESE SITES OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THESE SITES ("AGREEMENT") WITHOUT MODIFICATION. IF YOU DO NOT AGREE AND ACCEPT THESE TERMS AND CONDITIONS YOU ARE NOT AUTHORIZED TO USE SERVICES. IN THAT CASE PLEASE STOP USING THE SITES AND LEAVE THE SITES IMMEDIATELY.

In using our services you warrant that all information and data provided to our sites is true accurate, complete and actual and provided to the best of your knowledge. Any personal information you post on or otherwise submit in connection with our services will be used in accordance with our Privacy Policy (click here to view our Privacy Policy) You are aware that you are solely responsible for your account and you will safeguard your account information and supervise your account to be complete and correct and prohibit any use by anyone other than you. By using our services, including any products or services that enable the sharing of content to or from third party sites, you acknowledge that you are solely responsible for any information that you share with our sites. You are only allowed to access our sites as intended through the provided functionality of the services and as permitted under this our terms and conditions. Any copying, transmission, reproduction, replication, posting or redistribution of our content or any portion thereof and/or our services more generally is strictly prohibited without the prior written permission of BT.

Termination of access

BT may, at any time and without notice, in its sole and absolute discretion, in addition to any other rights or remedies available to BT, and without any liability whatsoever to a user, terminate or restrict a user's access to the sites and any related services.

Modification

BT may decide to change, update or discontinue certain products and features of our services. Users agree and understand that BT has no obligation to store or maintain your content or other information you provide, except to the extent required by applicable law. BT might also offer other services that may be covered by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this terms and conditions, except where such additional terms expressly exclude or otherwise supersede the terms and conditions. BT may at any time modify these terms and conditions, and users continued use of the sites will be conditioned upon the terms and conditions in force at the time of your use. Accordingly user agrees to review these terms and conditions periodically, and users continued and recurring access, use and/or posting on the sites shall be deemed users acceptance of, and agreement to, the changed terms and conditions.

No assignment

Please note that you are not allowed to assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

Invalid provisions and waiver

The provisions contained in these Terms and Conditions shall be legally delimited. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. No failure on the part of BT to exercise, and no delay in exercising, any right or remedy arising hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy arising hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. The waiver by BT of any provision hereof shall not be deemed to constitute the waiver of any other provision hereof. All rights and remedies of BT shall be cumulative and not alternative.

Disclaimer and exclusion of warranty

Users use this site and related sites at their own risk. These sites and any related information, content, materials provided are provided on an “AS IT IS” basis without warranties of any kind that the provided information is correct and complete. BT explicitly claims all warranties – either expressed or implied – including but not limited to WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, ADEQUATE USE FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR COMMON USE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. BT DOES NOT WARRANT THAT THE USE OF THIS SITE WILL BE UNINTERRUPTED OR AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURED, OR ERROR FREE. NOR IS THIS SITE GUARANTEED TO BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADDITIONALLY, NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY BT WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. It might be that some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to certain users. This warranty gives users specific legal rights and users may also have other legal rights that vary from country to country.

Our Services may contain discussion chat rooms, destination channels, forums, travel groups or any other channels and forms in which you may post your content, such as recommendations and travel experiences, messages, photos or other items. BT provides interactive areas in which you are solely responsible for your use and please note that you use them at your own risk. BT does not control and monitor constantly postings and comments that are shared on our sites and therefor does not guarantee any confidentiality with respect to any of your content you provide and will not be in any way responsible or liable for such interactive communication. But BT reserves the right to modify and/or remove without notice any such messaging or other content from the services.

Limitation of liability

IN NO EVENT SHALL BT, ITS REPRESENTATIVES, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY EXPENSES OR DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO 1. YOUR USE OF THIS SITE; 2. ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE OR 3. THE PERFORMANCE OR NON-PERFORMANCE BY BT OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY. Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to certain users. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST BT, ITS MANAGERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES. IN THE EVENT BT IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID FOR BY YOU THAT WERE NOT PROVIDED TO YOU. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.

Indemnification

Please not that you agree to indemnify and hold BT and its subsidiaries, affiliates, officers, managers, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party. BT's failure to act with respect to a breach by users or others does not waive its right to act with respect to subsequent or similar breaches.

Lawyer cost replacement

If BT need to take action to enforce these terms and conditions against users violating these terms and conditions BT will be entitled to recover from user, and user agrees to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which BT may be entitled.

Governing law

Any disputes arising out of or related to the sites shall be governed by and construed and enforced in accordance with, the laws of AUSTRIA applicable to contracts entered into and to be performed entirely within AUSTRIA. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

Contact information

If you have any questions or concerns regarding these terms and conditions please contact us via: Email: welcome@boutiquetravellers.com

Mailing address

BOUTIQUETRAVELLERS GmbH in Gründung/in Foundation
c/o LilO Holding GmbH
Hadikgasse 138
A-1140 Vienna
Phone: +43 664 155 36 86
Managing Director: Mag. Carolin Zrinyi

Privacy

BT clearly respects the privacy of our users on our sites and we have also provided our BT Privacy Policy to our users. You hereby acknowledge and agree that you have read and consent to the terms of the Privacy Policy.

Passwords

Please note that BT will enable several Log-In options. In entering you Password you acknowledge that BT will know passwords that you use to access the sites. You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your information and passwords, and accept responsibility for all activities that occur under your account or password. BT does not take any responsibility and accepts no liability for any content posted or submitted by you or any users of your account.

Linked web sites

The sites include links to other websites. BT provides such links solely as a convenience to users and for informational purposes only. BT has not reviewed all links in detail and all the information on these other websites. The inclusion of these links in no way indicates BT's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such websites. Neither BT, nor any other providers of products or services related to the sites, shall be responsible for the content of any other websites and makes no representation or warranty regarding any other web sites or the content, materials, products or services on such linked websites. If users decide to access other websites, users do so at their own risk, users should carefully review the privacy statements or policies on any other site that you visit and make sure they comply agree. Additionally, please be aware that third party sites and apps may publicly display shared content. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make your own investigation before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where our sites provide details of fees or charges of such third party content or services, such information is provided only for convenience and information purposes only. Any interactions with third party sites and apps happen at your own risk. You expressly acknowledge and agree that the BT is in no way responsible or liable for any such third party sites or apps.

BT software applications/apps

BT provides content about accommodations on various channels. A BT Mobile App shall provide content about accommodations and might include functionality that may be used by users to facilitate, enhance or improve their travel and/or stay. The content and functionality may vary among the accommodations and BT does not guarantee and is responsible for them.

Accuracy and misinformation

Descriptions about accommodations or certain products and/or services posted on our sites are provided by our suppliers. The sites may contain inaccurate content, typographical errors or misinformation. BT is not responsible for typographical, pricing, product information, advertising or other errors, and shall not be liable for any damages that may result therefrom. Advertised prices and available quantities are subject to change without notice. BT reserves the right to make changes, corrections and/or improvements to the site, and to the products and programs described on the sites, at any time without notice.

Neither BT nor any other providers of accommodations, products or services related to the sites are responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected transmissions, messages or entries, or the security of any such communications. Further, neither BT nor any other providers of products or services related to the sites are responsible for incorrect or inaccurate entry information, whether caused by user(s), by any of the equipment or programming associated with the sites, or by any technical or human error that may occur in the processing of any information related to the sites, and shall not be liable for damages resulting from any of the foregoing. BT and any other providers of accommodations, products or services related to the sites may cancel or modify information where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the information contain or resulted from a mistake or error.

BT reserves the right to reclaim any username, account name, nickname, handle or any other user identifier for any reason without liability to you. You/Users agree that neither BT nor any other providers of accommodations, products or services related to the sites are responsible for any damages that may arise as a result of any travel or accommodation recommendation, arrangement or other orders users request or make on the sites which are not processed or accepted for any reason.

Scope of services provided by BT

Our sites aim to connect like-minded travellers on basis of their preferences and provide customized content and accommodation suggestions to our users. In order to access certain features of our services, you will need to open an account with BT. In creating an account, you must provide complete and accurate information. You are solely responsible for the activity that occurs on your account, including your interaction and communication with others, and you must safeguard your account. Towards this end, if you are an Account Holder, you agree to keep your contact information up to date. We will differentiate private and business accounts in our services. In case you open a business account you accept our terms and conditions on behalf of a company, organization, or other legal entity. You confirm that you are legally authorized to represent and warrant that you have the authority to bind such entity to our terms and conditions. In such case the words “you” and “your” or “user” as used shall refer to such entity and the individual acting on behalf of the company shall be referred to as “business representative.” On our sites BT provides an online platform through which accommodation providers that have been recommended by users can present and advertise their rooms/houses/apartments and special objects to other users and through which users can gain additional information and optionally make reservations and bookings at the linked site of the accommodation directly. By making a reservation or booking through the link of the sites, the user enters into a direct (legally binding) contractual relationship with the respective accommodation and NOT WITH BT. From the point at which the user makes the reservation or booking, BT acts solely as information platform and not even as intermediary between the user and the accommodation. The the details of the reservation or booking has to be provided to the relevant accommodation and the user should receive a confirmation email for and on behalf of the accommodation on NOT ON BEHALF OF BT. All payments will be made directly to the accommodation and NOT TO BT. Each accommodation listed on our sites are recommended by users and/our team members. The respective rates, offers, packages, special promotions and policies may vary at each accommodation. BT is not responsible for any of these rates, offers, packages, promotions, policies etc. and always asks users to verify these details when making or confirming a reservation or booking directly with the respective accommodation. BT does not own or manage any accommodation and will not enter into a direct reservation and accommodation contract with you. Information regarding rooms, facilities and services offered at the accommodation contained in this website has been provided by the accommodation or third party. BT does not make any representation or warranty, express or implied, of any kind with respect thereto.

Recommendations and license grant

BT is a platform based on recommendation from our users. Therefore we aim to publish only recommendations and are not interested in any kind of review such as negative comments. So please note that in providing your content (in all forms in writing, pictures, videos, audio, etc.) on our sites via posts, comments, email or any kind of publication you grant BT a nonexclusive, irrevocable, unlimited, transferable, perpetual, sub-licensable and royalty-free right to publish, create host, use, complement, exploit, disseminate on our and/or other sites, adapt, translate and re- use this content to publish it in connection with our current or future services also provided to third parties. This use and publication are worldwide and not limited by or dedicated to any media, source, platform, channel, geography or any potential limiting factor. The dissemination of your content will help us to promote and improve our sites and services, will include the use and/or trademark that you share with us in connection with your content and will be handled in line with legal requirements and our privacy policy. Of course in this regard you confirm and warrant that you have the necessary license rights (copyrights and any other proprietary rights) and/or permissions to publish and use the content and to authorize us to use and publish this content under these terms and conditions. You confirm that the content shares on our sites is not confidential and proprietary. In case third parties violate your or BT rights granted under these terms with regard to your content you grant BT the right to pursue at law any person or party. In case you share discriminating, misleading, wrong, false, inaccurate or content that violates human rights or promotes values that we/BT do not share we/BT may, at any time and without notice, in its sole and absolute discretion, in addition to any other rights or remedies available to BT, and without any liability whatsoever delete the content and even delete the user and/or all related content from our sites.

Travel destinations

Travel to certain destinations may involve greater risk than others. BT urges guests to review travel prohibitions, warnings, announcements and advisories issued by a guest’s country of residence, as well as those of any destination country, prior to booking travel or making any reservations. Please contact the specific government organization in your country for information on conditions in various countries and the level of risk associated with travel to particular destinations. BT does not represent or warrant that travel to, or accommodations in, destinations where accommodations are presented is advisable or without risk, and is not liable for damages or losses that may result from travel to, or staying in, such destinations.

BT accomodation provider (in general “host”) portal site terms of use

The services of this site (“site”) are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this site, you represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability that may incur as a result of the use of this site. You also warrant that you are legally authorized to make business contracts and/or purchases for either yourself and/or for any other person for whom you are acting.

You may only use this site for the following: To receive information and feedback from BT, about your listings on our sites, To share information with BT and our community regarding your accommodation, including accommodation contacts and content about your accommodation; and To collaborate with BT and accommodations which are members of the most popular BT accommodations of all time (“BT Legends) by participating in discussion threads regarding topics relevant to the boutiquetravellers segment To receive information about business accounts and contacts of BT, which may be used to establish individual relationships with accounts and contacts This Site is to be used by you solely for purposes set forth above. Other uses of this site are strictly prohibited. You agree that you will not use this site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of BT or any third party that provides services related to this site.

All messages, content and supporting materials (“Material”) included in the BT Accommodation Provider/HOST Portal are the property of BT. Such Material may only be by the accommodation for internal business purposes. The sharing and distribution to anyone outside of the accommodation for any purpose is not permitted, including posting it on the internet and/or sharing it on social media. "HOST Think+Do Tank" means any communication or chat area, forum, message board, or similar service offered in conjunction with this site. If you participate in such a round you agree that, in addition to complying with these terms, you will not: defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene or discourteous language or images; or provide content that is not related to the designated topic or theme of the round. You shall remain solely responsible and liable for your use of the HOST Think+Do Tank. BT reserves the right to remove or edit content from any forum at any time and for any reason in its sole and absolute discretion, however, BT has no duty to do so, and is not responsible for the content or accuracy of any information in a HOST Think+Do Tank. If you participate in a HOST Think+Do Tank other participants in the HOST Think+Do Tank, including, without limitation, employees of BT and the accomodations will have be able to view the personal information that is associated with your account in the HOST Think+Do Tank, including the name of your accommodation and your e-mail address. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the site or any content or information contained herein, unless you obtain BT's prior express written consent. You agree that you will not, through any means, interfere or attempt to interfere with the proper functioning of the site. You agree that you will not provide to BT and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for BT or cause BT to lose (in whole or in part) the services of our suppliers.