Terms & Conditions

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Welcome to BeenThere, located at https://been-there-travel.com, and applicable country top level domains (including sub-domains associated with them), related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat, and telephone correspondence, buttons, widgets, and ads (collectively, all of these items shall be referred to herein as the “Services”; more generally, the BeenThere websites and mobile properties shall hereinafter be referred to herein as “websites”).

The Services are provided by Journeyer LLC, a Delaware limited liability company (doing business as “Been There” and “Been There Travel”) with its registered office at 16192 Coastal Highway, Lewes, Delaware 19958. The terms “we”, “us”, “our” shall be construed accordingly.

By creating a BeenThere account, you agree to be bound by the terms, conditions and notices set forth below (collectively, this “Agreement”). This Agreement does not apply to if you merely browse the websites or use the Services without creating a BeenThere account. Please read this Agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you are a consumer in the EU or UK you have a legal right to withdraw from this Agreement within 14 days of the Agreement being made. You can do this, or terminate this Agreement at any other time, by closing your account (by contacting us or by accessing “Settings” while logged in and selecting the “Delete Profile” option) and no longer accessing or using the Services.

If you are a consumer in the EU or UK, you will have certain mandatory consumer rights. If you are a consumer living elsewhere, you may also have consumer rights under the laws of your territory. Nothing in this Agreement affects your mandatory consumer rights.

Any information, text, links, graphics, photos, audio, videos, data, code, or other materials or arrangements of materials that you can view on, access, or otherwise interact with through the Services shall be referred to as “Content”. “Services” as defined above refers to those provided by BeenThere or our corporate affiliates (BeenThere and such entities, when one or more are referred to, shall be collectively defined as the “BeenThere Companies”). For the avoidance of doubt, the websites are all owned and controlled by BeenThere. As part of our Services, we may send you notifications about special offers, products, or additional services available from us, our affiliates, or our partners, that may be of interest to you. Such notifications will typically be sent through newsletters and marketing communications and represent efforts to get to know you and your preferences better across our Services and those of our affiliates. In turn, this enables customization of the services in line with those preferences.

The term “you” or "user" refers to the individual, company, business organization, or other legal entity which has created a BeenThere account and uses the Services and/or contributes Content to them. The Content that you contribute, submit, transmit and/or post to or through the Services shall be referred to variously as “your Content”, “Content of yours” and/or “Content you submit.”

The Services are provided on an ongoing basis, and are provided solely to:

• Assist users in gathering travel information, posting Content, and searching for and booking travel services and reservations; and
• Assist travel, tourism, and hospitality businesses in engaging with users and potential customers, by way of free and/or paid-for services offered by or through the BeenThere Companies.

Products, services, information, and Content on our Services change regularly so that it is up to date (for example, with current information and offers). This means, for example, that in respect of third party services, transportation services, accommodations, restaurants, tours, activities, or experiences may become available for you to book while other services may become unavailable.

We may change or otherwise modify this Agreement in the future in accordance with the terms and conditions herein, and you understand and agree that your continued access or use of the Services after such change signifies your acceptance of the updated or modified Agreement. We will note the date that revisions were last made to this Agreement at the bottom of this Agreement, and any revisions will take effect upon posting. We will notify you of material changes to these terms and conditions by either sending a notice to the email address associated with your profile or by placing a notice on our websites. Be sure to return to this page periodically to review the most current version of this Agreement. If you don’t want to accept any changes to this Agreement, you may close your account (as described above) and cease to access the Services.

USE OF THE SERVICES

As a condition of your use of the Services, you agree that: (i) all information supplied by you via the Services to BeenThere is true, accurate, current, and complete; (ii) you will safeguard your account information, will supervise, and be completely responsible for any use of your account by anyone other than you; (iii) you are 13 years of age or older. BeenThere does not knowingly collect the information of anyone under the age of 13. If you are a consumer resident in the EU or the UK, we may deny you access to the Services if you violate this Agreement, or for any other reasonable cause. If you are not a consumer resident in the EU or the UK, we retain the right at our sole discretion to deny you access to the Services, at any time and for any reason, including but not limited to a violation of this Agreement. By using the Services, including any products or services that facilitate the sharing of Content to or from third party sites, you understand that you are solely responsible for any information that you share with BeenThere. You may access the Services solely as intended through the provided functionality of the Services and as permitted under this Agreement.

Copying, transmission, reproduction, replication, posting, or redistribution: of (i) Content or any portion thereof, and/or (ii) the Services more generally is strictly prohibited without the prior written permission of BeenThere. To request permission, please direct your request to the feedback form in the app. 

In order to access certain features of the Services, you will need to create an account. When you create 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, you agree to keep your contact information up to date.

If you are creating a BeenThere account for commercial purposes and are accepting this Agreement on behalf of a company, organization, or other legal entity, you agree that you are authorized to do so and have the authority to bind such entity to this Agreement, in which case the words “you” and “your” as used in this Agreement shall refer to such entity and the individual acting on behalf of the company shall be referred to as a “Business Representative”.

Through your use of the Services you may encounter links to third party sites and apps or be able to interact with third party sites and apps. This may include the ability to share Content from the Services, including your Content, with such third party sites and apps. Please be aware that third party sites and apps may publicly display such 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 whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where BeenThere provides details of fees or charges for such third party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that BeenThere is in no way responsible or liable for any such third party sites or apps.

The BeenThere Companies may rank and present listings and posts to you using recommender systems. Different categories of listings (such as hotels and restaurants, things to do and flights) are ranked based on different criteria, such as price, popularity, and duration. 

Some Content you see or otherwise access on or through the Services is used for commercial purposes. You agree and understand that BeenThere may place advertising and promotions on the Services alongside, near, adjacent, or otherwise in close proximity to your Content (including, for video or other dynamic content, before, during or after its presentation), as well as the Content of others.

PROHIBITED ACTIVITIES

The Content and information available on and through the Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code, or other material), as well as the infrastructure used to provide such Content and information, is proprietary to BeenThere or licensed to BeenThere by third parties. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell or re-sell any information, software, products or services obtained from or through the Services. Additionally, you agree not to:

• use the Services or Content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by BeenThere;
• access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any Content of the Services, including but not limited to user profiles and photos, using any robot, spider, scraper, or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
• take any action that imposes, or may impose, in our sole discretion (or, if you are a consumer resident in the UK or EU, in our reasonable discretion), an unreasonable or disproportionately large load on our infrastructure;
• "frame", "mirror", or otherwise incorporate any part of the Services into any other websites or service without our prior written authorization;
• attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by BeenThere in connection with the Services;
• circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content;
• download any Content unless it is expressly made available for download by BeenThere; or
• use, or assist, encourage, or enable any third-party to use, any robot, spider, artificial intelligence system, or other automated device, process, or means to access, retrieve, copy, scrape, aggregate, collect, download, or otherwise index any portion of the Services or any Content, except as expressly permitted by BeenThere in writing.

PRIVACY POLICY AND DISCLOSURES

Any personal information you post on or otherwise submit in connection with the Services will be used in accordance with our Privacy Policy. This can be viewed in the settings section of the BeenThere app.

REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS; LICENCE GRANT

We appreciate hearing from you. Please be aware that by providing your Content to or through the Services, be it via email, posting via the BeenThere app, via the services and applications of others, or otherwise, including any of your Content that is transmitted to your BeenThere account by virtue of any BeenThere Companies’ product or service, reviews, questions, photographs or videos, comments, suggestions, ideas, or the like contained in any of your Content, you grant BeenThere a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to: (i) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised; (ii) make your Content available to the rest of the world and to let others do the same; (iii) provide, promote, and improve the Services and make your Content shared on the Services available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement; and (iv) use the name and/or trademark that you submit in connection with such Content of yours. 

You acknowledge that BeenThere may choose to provide attribution of your Content at our sole discretion (or, if you are a consumer resident in the UK or EU, in our reasonable discretion). You further grant BeenThere the right to pursue at law any person or entity that violates your or BeenThere’s rights in your Content by a breach of this Agreement. You acknowledge and agree that your Content is non-confidential and non-proprietary. You agree that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use (and for BeenThere to publish and otherwise use) your Content as authorized under this Agreement.

If it is determined that you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that, to the extent permitted by applicable law: (i) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (ii) you have no objection to the publication, use, modification, deletion, and exploitation of your Content by BeenThere or its licensees, successors, and assigns; (iii) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of your Content; and (iv) you forever release BeenThere and its licensees, successors, and assigns, from any claims that you could otherwise assert against BeenThere by virtue of any such moral rights.

Note that any feedback and other suggestions you provide may be used at any time and we are under no obligation to keep them confidential.

The Services may contain discussion forums, bulletin boards, review services, travel feeds, or other forums in which you may post your Content, such as reviews of travel experiences, messages, materials, or other items ("Interactive Areas"). If BeenThere provides such Interactive Areas on the websites, you are solely responsible for your use of such Interactive Areas and use them at your own risk. BeenThere does not guarantee any confidentiality with respect to any of your Content you provide to the Services or in any Interactive Area. To the extent that BeenThere provides any form of private communication channel between users, you agree that BeenThere may monitor the substance of such communications in order to help safeguard our community and the Services. You understand that BeenThere will not be in any way responsible or liable for user messages posted to or distributed through the Services, including through any chat rooms, bulletin boards, or other communications forums. In particular, BeenThere does not edit or control users’ Content that appears on the websites. BeenThere nevertheless reserve the right to remove and/or restrict without notice any such messaging or other Content from the Services, where they believe in good faith that such Content breaches this Agreement or otherwise believe the removal and/or restriction is reasonably necessary to safeguard the rights of BeenThere and/or other users of the Services. Should you disagree with the removal of your Content from the websites, you can appeal our decision through BeenThere's internal complaint handling process. By using any Interactive Areas, you expressly agree only to submit Content of yours that complies with BeenThere’s published guidelines, as are in force at the time of submission and made available to you by BeenThere. You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours that:

• Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
• Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
• Would constitute, encourage, promote, or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, national or international law, including without limitation the regulations of the U.S. Securities and Exchange Commission (SEC) or any rules of any securities exchange, including but not limited to, the New York Stock Exchange (NYSE), the NASDAQ, or the London Stock Exchange;
• Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
• May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. In particular, content that promotes an illegal or unauthorized copy of another’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
• Constitutes mass mailings or “spamming”, “junk mail”, “chain letters”, or “pyramid schemes”;
• Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including without limitation BeenThere;
• Is private information of any third party, including without limitation addresses, phone numbers, email addresses, and credit card numbers. Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
• Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• Include or are intended to facilitate viruses, corrupted data, or other harmful, disruptive or destructive files;
• Is unrelated to the topic of the Interactive Areas in which such Content is posted; or
• In the sole judgment of BeenThere (or, if you are a consumer resident in the UK or EU, in our reasonable judgment): (i) violates the previous subsections herein; (ii) violates BeenThere’s related guidelines as made available to you by BeenThere; (iii) is objectionable; (iv) restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services; or (v) may expose BeenThere or its users to any harm or liability of any type.

To the extent permitted by applicable law, BeenThere takes no responsibility and assumes no liability for any Content posted, stored, transmitted, or uploaded to the Services by you (in the case of your Content) or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor is BeenThere liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, and to the extent permitted by applicable law, BeenThere is not liable for any statements, representations, or any other Content provided by its users (including you as to your Content) in the websites or any other forum. Although BeenThere has no obligation to screen, edit ,or monitor any of the Content posted to or distributed through any Interactive Area, BeenThere reserves the right, and has absolute discretion (or, if you are a consumer resident in the UK or EU, in our reasonable discretion), to remove, screen, translate, or edit without notice any Content posted or stored on the Services at any time and for any reason, or to have such actions performed by third parties on its behalf. To the extent permitted by applicable law, you are solely responsible for creating backup copies of and replacing any Content you post or otherwise submit to us or store on the Services at your sole cost and expense. 

RESTRICTION AND/OR SUSPENSION OF YOUR USE OF THE SERVICES

Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally. BeenThere may also suspend the processing of notices and complaints submitted through the Services if you frequently submit manifestly unfounded notices or complaints.

BOOKING WITH THIRD-PARTY SUPPLIERS THROUGH BEENTHERE

The BeenThere Companies offer you the ability to search for, select, and book travel reservations with third-party suppliers without leaving the Services.

IMPORTANT: BeenThere does not itself sell travel reservations. BeenThere allows third parties to sell their travel reservations on BeenThere.

BeenThere may facilitate the promotion and sale of travel reservations by third parties to you. BeenThere is not, however, the party that undertakes the promotion and/or sale. If you book a reservation with a third-party supplier, the contract for the reservation is always solely between you and the third-party. BeenThere is not (a) the buyer or the seller of reservation; (b) a party to the contract with the third-party or responsible for the fulfilment of that contract; or (c) an agent of you or the third-party in connection with purchase or sale. If you book a reservation with a third-party supplier, you agree to review and be bound by the supplier’s terms and conditions of purchase and website use, privacy policy and any other rules or policies related to the supplier’s site or property. Your interactions with third-party suppliers are at your own risk. The BeenThere Companies will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage or other damages or expenses resulting from your interactions with third-party suppliers.

Your rights of recourse in connection with a contract between you and a third-party supplier (for example, in relation to refunds and cancellations), will be between you and the third party as set out in the contract with that third-party. In the unlikely event that a reservation is available when you place an order but becomes unavailable prior to check-in, your sole remedy as between us and you will be for you to contact the supplier to make alternative arrangements or to cancel your reservation and obtain a refund (if applicable and subject to applicable law and your contract with the third-party supplier).

Third party suppliers may be businesses or consumers. If you are a consumer resident in the UK or EU, and the third party supplier you contract with is also consumer please note that you will not be able to enforce any consumer rights against that supplier.

By booking travel reservations via the websites, you will need to create an account if you have not already, and you acknowledge that you accept the practices described in our Privacy Policy and this Agreement.

AS A USER OF THE SERVICES, INCLUDING THE BEENTHERE COMPANIES’ BOOKING FACILITATION SERVICES, YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) THE BEENTHERE COMPANIES WILL NOT HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORISED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORISED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BEENTHERE, ITS CORPORATE AFFILIATES, AND/OR OTHERS.

Using our Services, including creating a BeenThere account, is free of charge, and a payment will only processed when you book a reservation via the Services. When you book a reservation facilitated by the BeenThere Companies, your payment information will be collected and transmitted to the supplier to complete the transaction, as described in our Privacy Policy. Please note that the supplier, not the BeenThere Companies, is responsible for processing your payment and fulfilling your reservation.

The BeenThere Companies will not interfere with reservations arbitrarily, but reserve the right to withdraw booking facilitation services because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a reservation request may be fraudulent. The BeenThere Companies also reserve the right to take steps to verify your identity to process your reservation request.

Third-Party Suppliers. The BeenThere Companies are not travel agencies and do not provide or own transportation services, accommodations, restaurants, tours, activities or experiences. Although the BeenThere Companies display information about properties owned by third-party suppliers and facilitate reservations with certain suppliers on or through the BeenThere Companies’ websites, such actions do not in any way imply, suggest or constitute the BeenThere Companies’ sponsorship or approval of third-party suppliers, or any affiliation between the BeenThere Companies and third-party suppliers. Although users may rate and review particular transportation services, accommodations, restaurants, tours, activities or experiences based on their own experiences, the BeenThere Companies do not endorse or recommend the products or services of any third-party suppliers, save that BeenThere does issue certain businesses awards that are based on the reviews posted by users. The BeenThere Companies do not endorse any Content posted, submitted or otherwise provided by any user or business, or any opinion, recommendation or advice expressed therein, and the BeenThere Companies expressly disclaim any and all liability in connection with such Content. You agree that the BeenThere Companies are not responsible for the accuracy or completeness of information they obtain from third-party suppliers and display on the Services.

LIABILITY DISCLAIMER

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS THE BEENTHERE COMPANIES’ LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT,

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON OR OTHERWISE PROVIDED VIA THE SERVICES (INCLUDING, WITHOUT LIMITATION, THOSE CREATED OR POWERED BY AI) MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. THE BEENTHERE COMPANIES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY OBVIOUS ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE ACCOMMODATION, EXPERIENCES, AIR, CRUISE, RESTAURANT OR ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, AVAILABILITY, PHOTOGRAPHS, LIST OF ACCOMMODATION, EXPERIENCE, AIR, CRUISE, RESTAURANT OR OTHER TRAVEL PRODUCT AMENITIES, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC.). IN ADDITION, THE BEENTHERE COMPANIES EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY AVAILABILITY AND OBVIOUS PRICING ERRORS ON THE SERVICES AND/OR ON PENDING RESERVATIONS MADE UNDER AN OBVIOUSLY INCORRECT PRICE.

BEENTHERE MAKES NO REPRESENTATIONS OF ANY KIND ABOUT THE SUITABILITY OF THE SERVICES, INCLUDING THE INFORMATION CONTAINED ON ITS WEBSITES OR ANY PORTION THEREOF, FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICE OFFERINGS ON ITS WEBSITES OR OTHERWISE THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICE OFFERINGS BY BEENTHERE, NOTWITHSTANDING ANY AWARDS DISTRIBUTED BASED ON USER REVIEWS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICE OFFERINGS MADE AVAILABLE BY OR THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BEENTHERE DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND THAT THE SERVICES, ITS SERVERS OR ANY DATA (INCLUDING EMAIL) SENT FROM BEENTHERE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BEENTHERE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND THE SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR TERMS OF ANY KIND AS TO OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET POSSESSION AND NONINFRINGEMENT.

THE BEENTHERE COMPANIES ALSO EXPRESSLY DISCLAIM ANY WARRANTY, REPRESENTATION OR OTHER TERM OF ANY KIND AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE CONTENT AVAILABLE BY AND THROUGH THE SERVICES.

THE THIRD PARTY SUPPLIERS PROVIDING ACCOMMODATIONS, FLIGHT, RENTALS, EXPERIENCES, RESTAURANTS OR CRUISE INFORMATION, TRAVEL OR OTHER SERVICES ON OR THROUGH THE SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE BEENTHERE COMPANIES. THE BEENTHERE COMPANIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. BEENTHERE HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

SUBJECT TO THE FOREGOING, YOU USE THE SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL THE BEENTHERE COMPANIES (OR THEIR OFFICERS, DIRECTORS AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON OR THROUGH THE SERVICES; ANY VIRUSES, BUGS, TROJAN HORSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICES (INCLUDING, BUT NOT LIMITED TO ANY BEENTHERE COMPANIES’ SYNCHRONISATION PRODUCT); PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SERVICES) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF BEENTHERE OR ITS CORPORATE AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If the BeenThere Companies are found liable for any loss or damage that arises out of or is in any way connected with your use of the Services, then the BeenThere Companies’ liability will in no event exceed, in the aggregate, the greater of: (i) the transaction fees paid to the BeenThere Companies for the transactions on or through the Services giving rise to the claim; or (ii) US $100.00.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the BeenThere Companies.

THIS AGREEMENT AND THE FOREGOING LIABILITY DISCLAIMER DO NOT AFFECT MANDATORY LEGAL RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, FOR EXAMPLE UNDER CONSUMER PROTECTION LAWS IN PLACE IN CERTAIN COUNTRIES. IN THE UK AND THE EU, THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

If you are a consumer in the UK or the EU, this Agreement does not exclude any liability for losses and damages caused by a breach of any duty to act with reasonable care and skill or by a breach of this Agreement, provided that the resulting damages were foreseeable when the obligations arose.   

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY. THE LIABILITY DISCLAIMER WILL OTHERWISE APPLY TO THE MAXIMUM EXTENT ALLOWED BY YOUR LOCAL LAW.

LINKS TO THIRD-PARTY SITES

The Services may contain hyperlinks to websites operated by parties other than the BeenThere Companies. Such hyperlinks are provided for your reference only. The BeenThere Companies do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this or any other website) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The BeenThere Companies’ inclusion of hyperlinks to such websites does not imply any endorsement of the material on such third party websites or apps or any association with their operators.

In some cases, you may be asked by a third-party site or app to link your BeenThere account profile to a profile on another third-party site. You are responsible for deciding if you choose to do so, it is purely optional, and the decision to allow this information to be linked can be disabled (with the third-party site or app) at any time. If you do choose to link your BeenThere account to a third party site or app, the third party site or app will be able to access the information you have stored on your BeenThere account, including information regarding other users with whom you share information. You should read the terms and conditions and privacy policy of the third party sites and apps that you visit as they have rules and permissions about how they use your information that may differ from the Services, including our websites. We encourage you to review these third party sites and apps and to use them at your own risk.