Terms of Use
Updated: July 14, 2021
This page (together with the documents referred to
about it) tells you the terms of use under which you can make use of our
website www.amplitur.com and www.amp-travels.com (our
sites), even as a guest or a registered user.
The expressions "we", "us",
"our/s", "AMP TRAVELS", "AMPLITUR" refer to AMP
TRAVELS with registered office at 138, Chapel Street - Salford – United Kingdom
- M3 6DE, legal entity of private law constituted under English law, with company number 13500131.
Access to our Website, any mobile or tablet
application, or any other feature or other platform is offered to you subject
to your acceptance without modification of all terms, conditions and notices
set out below. We recommend that you print a copy of these terms for future
reference.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN
IMPORTANT INFORMATION ABOUT THE LIMITATIONS OF LIABILITY.
Any personal information that we collect about you
while you browse and use our Platform will be used in accordance with the General
Data Protection Law (LGPD), therefore, our Privacy Policy, which
also governs your use of the Platform, may be accessed on our page through a
specific link.
1.1 DEFINITIONS
Whenever the expressions below are used
in these Terms, they will have the meaning below:
- Platform – Online platform intended
to bring together Suppliers, Affiliates and potential Buyers interested in the
Products or Services disclosed through the technological tools contained in the
platform;
- Product or Service - Product or Service, created by the
Supplier or by a third party from whom the Supplier has received exclusive
authorization for commercial exploitation and which is made available by the
Supplier for dissemination, promotion and commercialization through the use of
the technological tools contained in the Platform;
- User – any person who accesses the Platform, REGARDLESS of
whether or not he has registered as a Supplier, Affiliate or Buyer;
- Provider/Supplier -
User holding intellectual property rights of a Product or Service, or holder of
a valid authorization for commercial exploitation on an exclusive or
non-exclusive basis of the Product or Service and who uses the technological
tools contained in the Platform to facilitate the dissemination, the promotion
and sale of such Product or Service, (airlines, hotels, events, shows, insurance, etc.) . Those Users who act in partnership with another
Supplier for the launch, dissemination and joint marketing of Products and/or
Services will also be considered as Suppliers, or Service Providers. Such Provider, called Co-Supplier, will fully
comply with these Terms of Use and Platform Policies;
- Buyer – User who acquires a Product or Service using the
technological tools made available by the Platform;
2. CHANGES IN TERMS
We may change these terms from time to time to comply
with any regulatory requirements or if there are changes in our business
practices, so that, where reasonably possible, we will notify you of material
changes. However, whenever you wish to use our Platform, we kindly ask you
to check it to ensure that you understand the current conditions.
The use of the Platform will be subject to the most
recent version of the terms, always available on the Platform itself.
We encourage you to read in their entirety to make
sure you are aware of any changes that may apply to you.
3. PLATFORM ACCESS AND USE
We do not guarantee that access to the Platform, or
any content contained therein, will always be available or will be
uninterrupted. We may suspend, withdraw, discontinue or change all or any
part of the Platform and we will inform you of these changes by giving written
notice.
You (User) shall not misuse the Platform by knowingly
introducing viruses, Trojans, worms,
logic bombs or any other material that is malicious or causes technological
damage. You must not attempt to gain unauthorized access to the Platform,
to the server where the Platform is stored or to any server, computer or
database connected to the Platform.
You shall not attack the Platform through a denial of
service attack or through a distributed denial of service attack.
We will report any such violations to the relevant
legal authorities and we will cooperate with those authorities by disclosing
your identity to them. In the event of one of such violations, your right
to use the Platform will terminate immediately.
4. WE DO NOT SELL PRODUCTS
The Platform is a search engine that offers users
comparisons of different offers of Products and Services in the field of
Tourism and Entertainment.
AMP TRAVELS does not offer, own or control any of the
services and products that you access through our Platform. The Products
and Services are owned, controlled or made available by third parties
(Providers/Suppliers), either directly (eg a hotel) or through a hotel
reservation intermediary (eg an online travel agency). Providers/Suppliers
are responsible for the Products and Services as well as all booking
contracts. The reservation of a Product or Service takes place only on the
platforms of the Provider/Supplier. The Provider/Provider's terms and
privacy policies apply to your booking; therefore, you must agree to and
understand these terms.
Your interaction with any Provider/Supplier accessed
through our Platform is at your own risk and expense, and AMP TRAVELS will not
be held liable in the event of any problem with your booking. AMP TRAVELS
has no control over Providers/Suppliers.
For more information on how AMP TRAVELS operates, we
recommend that you consult our Customer Service by forwarding an email
to support@amp-travels.com .
AMP TRAVELS hosts content, including prices, images
and other information made available by or obtained from Providers/Suppliers
(“Provider Content”), as well as content offered by users, such as comments,
ratings and other information (“User Content” and together with the Provider
Content, the “Content”).
AMP TRAVELS is in no way responsible or liable for the
accuracy, quality, completeness, reliability, timeliness or reliability of the
Content, and AMP TRAVELS has no influence on the Content. In particular,
we do not guarantee that the Provider Content, in particular the prices
reflected therein, will be updated in real time, or that a particular Product
or Service will be available. As a result, the price displayed by a
Provider/Supplier may not match that displayed on our Platform.
The Provider/Provider ratings displayed on this
Platform are intended to be general guidelines only, and we do not guarantee
the accuracy of the ratings or any User Content.
5. USE OF THE PLATFORM
As a condition of your use of our Platform, you agree
that:
- You are at least 18 years of age;
- You will use this Platform only for your private use
to seek legitimate offers on Tourism and Entertainment Packages, Events and the
like;
- All information provided by you on our Platform is
true, accurate, current and complete; and
- If you use this Platform on behalf of another person,
you will inform them of the terms that apply to any searches and/or bookings you
have made on your behalf, including any rules and restrictions that apply to
such searches and/or bookings;
- Has the legal capacity to assume a legal obligation;
- You will use the Platform in accordance with these
terms;
- If you have an AMP TRAVELS account, you will be
responsible for safeguarding your account information and you will supervise
and be fully responsible for any use of our account by you or anyone else.
We reserve the right, at our sole discretion, to deny
access to our Platform and the services we offer to anyone by written notice,
including, without limitation, for breach of these terms.
The Products and Services featured on the Platform are
displayed in the currency you select. If you don't select any currency,
the relevant currency for the top-level domain will be used by
default. Our currency conversion is for informational purposes only and
should not be used as an accurate, real-time basis. Some Products or
Services may also be sold in a currency other than that pre-configured or selected
by you for sampling the search results. Actual rates may vary and your
payment provider (eg, credit card company) may charge conversion fees and apply
any other exchange rate available at the time.
All prices shown must be understood as applied per night
(in cases relating to hotel services). For booking periods longer than one
night, the average price per night for the selected period will be displayed.
All declared values include booking fee, VAT (Value
Added Tax), service fee, hotel fee, resort fee or city tax.
6. AMP TRAVEL MEMBERS
You have the option to join the AMP TRAVELS community
by creating a member account in the AMP TRAVELS associate members
area. Members will be able to publish content generated by them, as well
as actively participate in the development of the Platform through
administrative functions. Unregistered users will be able to read the
content on AMP TRAVELS for free.
Members will have the option to manage and store their
searches. To create an account, you will need to provide certain personal
information. Other than your username, no personal information will be
displayed. When you request that your account be deleted, we will keep
your personal information only as long as necessary or as long as we are
required to do so by law. For more information, see our Privacy Policy.
AMP TRAVELS only allows one account registration per
person. You are responsible for the accuracy and completeness of your
personal information.
You are responsible for the use of your account and
for the confidentiality of your user account information, in particular your
password. You must not disclose your password to any third party. We
have the right to disable your account or password, via electronic notice
(email) to you, if in our reasonable opinion you have breached these terms of
use. If you become aware of or suspect that anyone who knows your User ID
code or password, you must notify AMP TRAVELS immediately through our Customer
Service by forwarding
an email to support@amp-travels.com .
7. USER OBLIGATIONS AND PROHIBITED ACTIVITIES
As a user of the Platform, you are responsible for any
User Content (text, photos, reviews, links, etc.) that you submit
to AMP TRAVELS. You must ensure that you have all rights with respect to
any content that you post on the AMP TRAVELS Platform and that any User Content
does not violate the rights of third parties.
In particular, you shall not create and upload any
User Content that:
- be advertising disguised as a review;
- does not contain content specific to a reviewed item;
- is not objective or is intentionally untrue;
- is immoral, pornographic or otherwise offensive;
- infringes any third-party rights, in particular
copyright;
- violates applicable laws in any way or constitutes a
criminal offence;
- contains viruses or other computer programs that can
damage software or hardware or affect the use
of computers;
- be it a survey or chain; or
- is intended to collect or use personal data of other
users, especially for commercial purposes.
Also, you agree not to:
- use our Platform or its contents for any commercial
purpose;
- make any speculative, false or fraudulent bookings or
any bookings in anticipation of demand;
- access, monitor or copy any content or information
from our Platform using any robot, spider, scraper or
other automated means or any manual process for any purpose without our express
written permission;
- violate the restrictions in any robot exclusion
headers on our Platform or avoid or circumvent any measures employed to prevent
or limit access to our Platform;
- take any action that imposes, or may impose, at our
discretion, an irrational or disproportionate burden on our infrastructure;
- to deep-link to any part of our
Platform (including, without limitation, the process of buying any hotel
services) for any purpose without our express written permission, which we may
cancel at any time at our discretion; or
- "frame", "mirror" or otherwise incorporate any part of our Platform on any other website without our prior written permission, which we may cancel at any time at our discretion.
If your activity on our Platform shows signs of fraud,
abuse or suspicious activity, AMP TRAVELS may refuse to provide you services,
and close any associated accounts, upon electronic notification (email) sent to
you. If you have carried out any fraudulent activity, AMP TRAVELS reserves
the right to take appropriate legal action, and you may be held liable for
damages caused, including court costs and attorney's fees.
To dispute the cancellation of a reservation, freezing
or closure of an account, please contact our Customer Service at support@amp-travels.com .
8. LINKS
Our Platform may contain hyperlinks to websites operated
by parties other than AMP TRAVELS. These hyperlinks are
provided for your reference only. We do not control these websites and are
not responsible for their content or for the privacy or other practices of
those websites. These terms will not apply to your use of
any third-party website that you may access through our
Platform. Your use of any third-party website may be
subject to additional terms and conditions, which we encourage you to read
carefully before visiting any such website.
Furthermore, it is up to you to take precautions to
ensure that any links you select or software you download (whether
from our Platform or from other websites) are free from
viruses, worms, Trojans, defects
and other items of a nature destructive. Our inclusion of hyperlinks to
these websites does not imply that there is any endorsement of
the material on these websites or any association with their
operators.
9. INTELLECTUAL PROPERTY RIGHTS
We own or license all intellectual property rights in
our Platform and in the Content (including, without limitation, price and
availability of services) as well as the infrastructure used to provide such
Content. Although you may make limited copies of your itinerary (and related
documents) for bookings made through our Platform, you agree not to modify,
copy, distribute, transmit, display, perform, reproduce, publish, license,
create derivative works, transfer or sell or resell any information, software,
products, or services obtained from or through this Platform.
If you copy or use any part of the Platform in
violation of the Terms, your right to use the Platform will immediately
terminate and you must destroy any copies of the materials you have made.
You agree not to generate automated page prints or
content on the Platform.
11. PRIVACY AND COOKIES
You acknowledge and agree that AMP TRAVELS may collect
information about you using Cookies when you use the Platform or any of its
services. AMP TRAVELS believes in protecting your privacy.
Please review our Privacy Policy. Any
personal information that we collect about you while you browse and use our
Platform will be used in accordance with our Privacy Policy, in accordance with
the provisions of the General Data Protection Law (LGPD), which also governs
your use of the Platform and, as stated above, is incorporated herein by
reference.
12. AVAILABILITY
We do not guarantee that our Platform will always be
available, uninterrupted, secure or free from bugs or viruses,
nor that the Platform will be free from errors or omissions.
We will not be liable for any delay or failure to
comply that results from causes beyond our reasonable control, including,
without limitation, any failure to comply due to unforeseen circumstances or causes
beyond our control such as natural accidents, war, terrorism, riots, embargoes,
acts of civil or military authorities, fire, floods, accidents, strikes,
epidemics or other natural disasters, lack of transportation, fuel, energy,
labor or materials, or a failure of public or private telecommunications
networks.
13. OUR LIABILITY IS LIMITED
AMP TRAVELS makes no representations about the
suitability of the Content displayed on our Platform for any purpose. The
display on our Platform of a Product, Service, Events, or any Content, in no
way implies, suggests or constitutes any sponsorship or approval of such
Product or such Content by said Provider/Supplier, or any affiliation between
such Providers/Suppliers to AMP TRAVELS. All Content and any other information
provided on our Platform is provided as is without warranty of any
kind. AMP TRAVELS disclaims all guarantees and conditions that this
Platform, its servers or any e-mail sent by AMP TRAVELS are free of viruses or
other components that cause damage. AMP TRAVELS hereby disclaims all
warranties and conditions with respect to any Content or any other information
provided on our Platform, including all implied warranties and conditions of
sale.
The Service Providers/Providers available on the
platform are independent of AMP TRAVELS and are not agents or employees of AMP
TRAVELS. AMP TRAVELS is not responsible for the acts, errors, omissions,
representations, warranties, breaches or negligence of any Provider/Supplier,
including injury, death, property damage, or other damages or expenses
resulting from such acts. AMP TRAVELS will not be responsible for any
cancellation, overbooking, strike, force majeure or other causes beyond its
direct control. AMP TRAVELS does not accept responsibility for uninterrupted
accessibility to our Platform and may carry out technical or maintenance works
on the Platform at your choice.
Under no circumstances will AMP TRAVELS be liable
for any direct, indirect, punitive, incidental, special or consequential
damages arising out of, or in any way related to, your access to, display of or
use of this Platform or your delay or inability to access, display or use this
Platform (including, without limitation, your act of relying on opinions
appearing on this Platform; any computer viruses, information, software , related websites ,
products and services obtained through this Platform; or that otherwise result
from the access, display or use of this Platform) whether based on civil
liability, consumer protection statutes or otherwise, and even if AMP
TRAVELS has been advised of the possibility of such
damages.
The limitation of liability reflects the allocation of
risk between the parties. The limitations in this clause will survive and
will apply even if any specific limited remedy in these terms is deemed to have
failed its original purpose. The limitations set forth in these terms will
survive the termination of your relationship with AMP TRAVELS.
Nothing contained in these terms excludes, or limits,
our liability for:
- death or personal injury caused by our negligence;
- fraud or false and fraudulent misrepresentation;
- or any other liability that cannot be excluded or
limited by law;
14. DISPUTE RESOLUTION
AMP TRAVELS is committed to user satisfaction, so if
you have a problem or demand, we will try to resolve your concerns. If we
are not successful, you can pursue complaints as explained in this clause.
You agree to give us an opportunity to resolve any
claims or complaints related in any way to our Platform, any dealings with our
customer service agents, any services or products provided, any statements made
by us, or our Privacy Policy by entering contact our Customer
Service at support@amp-travels.com . If we are unable to resolve your Claims
within 60 days, you can go to court.
For consumers, these terms and the provision of our
services will be governed by and interpreted in accordance with Brazilian
law. However, if you are a consumer residing in any other country you may
benefit from the mandatory provisions, and legal rights available to you under
the laws of that country. Nothing contained in these terms shall affect
your rights as a consumer to rely on these mandatory statutory provisions and
local statutory rights.
15. JURISDICTION OF ELECTION
English courts will have exclusive jurisdiction over
any claim arising out of or relating to a visit to our website.
These Terms of Use and any disputes or claims arising
out of or in connection with them or their subject matter or formation
(including non-contractual disputes or claims) shall be governed by and
construed in accordance with the law of England and Wales.
16. COMPLAINTS OR QUESTIONS
If you have questions, complaints or suggestions about
the Platform, please contact us through our Customer Service by sending an email
to support@amp-travels.com . We will use our most reasonable efforts to
respond to you promptly.
17. GENERAL PROVISIONS
Our compliance with these terms is subject to existing
laws and legal processes, and nothing contained in them limits our right to
comply with law enforcement or other requests whether governmental, legal or
requirements relating to the use of our Platform as well as information provided
by or collected by us in connection with such use.
These Terms do not create or infer any rights that are
enforceable by anyone who is not a party to these Terms.
We may transfer our rights and obligations under these
terms to another organization, but this fact will not affect your rights or
obligations with respect to them. You may only transfer your rights or
obligations under these terms to another person if we agree in writing.
If any part of these terms is held invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining
provisions will not be affected or impaired in any way. Our failure or
delay to enforce any provision of these terms at any time does not result in a
waiver of our right to enforce that provision or any other provisions hereof in
the future.
Fictitious names of companies, products, people,
characters, and/or data mentioned on the Platform are not intended to represent
any real individual, company, product or event.
Any rights not expressly granted herein are reserved.
Regards,
AMP TRAVELS team.