Terms of use for Byway.travel

Preamble

These Terms of Use are entered between www.byway.travel (Byway Travel Limited) and any individual having used our site (hereinafter “you”, “your” or “Customer”).

Byway Travel Limited (hereinafter “Byway”) offers an inspiration and booking platform that provides Customers with inspiration for flight free package holidays based on travel preferences provided by such Customers in exchange for payment (hereinafter the “Service(s)”):

Please carefully read these Terms of Use to participate, along with Byway and as a Customer, in the development of responsible Internet behaviour and the provision of a quality Service. By accessing, browsing or using this Site, you acknowledge that you have read and agreed to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you should not use or access this Site. Byway reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to these Terms it also constitutes your agreement to the Site Privacy Policy. By accessing or using any part of the site, you accept, without limitation or qualification, these Terms. If you do not agree with all of the Terms set forth below, you may not use any portion of the site. Price information found on this site is subject to change without notice. Byway reserves the right to change these Terms of Use at any time without notice, but will not change these Terms in relation to bookings which have been placed and acknowledged by Byway before the change is made. We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.

By becoming a Customer, you agree to comply with these Terms of Use. If you do not accept these Terms of Use, you must not register for or use the Services. Registration for one or more Services and use of the Services implies the acceptance in full of these Terms of Use by the Customer.

By making a payment by Debit or Credit Card, the Byway Customer acknowledges that it is fully informed and bound by the provisions of the Terms of Use and the Booking Conditions.‍

Article 1. Definitions

The words or terms used in these Services Terms of Use and beginning with a capital letter shall have the following meaning:

“Additional Services” refers to services provided by Byway Supply Partners.

“Create a Trip” refers to a Customer creating a trip by selecting a trip type and trip dates.

“Purchase” refers to a purchase made giving access to a portion of our paid Services, as required, for a limited period as specified in the specific product purchased by a Customer.

“Customer(s)” refers to one (or all) user(s) of one or more Services that validly makes a Byway Purchase or has access to any of the Services after registering free of charge on the Sites.

“Paid Service(s)” refers to all Paid Services available to Customers or Visitors.

“Supply Partner(s)” refers to all companies supplying services to Byway, including accommodation and hotels, transport companies (e.g. rail and boat operators, bag transfers), tour companies or insurance providers.

“Site(s)” refers to, individually or collectively, the Byway websites and mobile applications, including Byway’s website accessible at Byway.travel.

“Upgrade” refers to the paid addition, at the request of a Customer, of additional Services to its Purchase.

“Visitor(s)” refers to one or more user(s) accessing and using one or more Services without having registered on the Sites.

“Terms of Use” refers to this contract.

Article 2. Access and Registration to Services

2.1. General terms of access and free registration

The cost of equipment (computer, software, telecommunications, etc.) enabling access to the Services as well as the communication costs incurred by their use are solely borne by the Customer.

All of our content and communication is in English.

Access to a Byway account is free. It lets Customers discover the Services and provides access to the following Services features available to all Byway Customers (including Customers with free accounts):

Add holiday preferences
View basic journey plans and suggestions

To register and become a free account holder, anyone interested in the Services must be at least 18 years of age, meet the requirements for registration or access to the concerned Services, be legally able to contract, not be under guardianship or curatorship, have read and accepted these Terms of Use and the Privacy Policy and have completed all mandatory fields listed on the registration form, including the fields for the following personal information:

Name
Email Address

The Customer may then add to its profile by providing information as to travel preferences and purchased holidays. This information may be modified at any time by the Customer by emailing hello@byway.travel.

The Customer warrants that the information it communicates is accurate. The Customer agrees to immediately inform Byway of any changes to the data provided at the time of registration.

Except in the event of Byway’s own wrongdoing or technical failure of the Service(s), the Customer will be responsible for the use of its email address or other identifiers by third parties or actions or statements made through the Customer’s communications with Byway, whether fraudulent or not, and will indemnify and hold Byway harmless against any claims in this respect. Furthermore, Byway is not required and does not have the technical means to ensure the identity of the persons registering for its Services. If a Customer has reason to believe that a person is using its personal information, that Customer must immediately inform Byway.‍

2.2 Terms of access and paid registration

The Customer has the possibility to make a paid Purchase and therefore to benefit from the following features:

Services features available to any Customer (including Customers with free accounts):

Create a profile
Add holiday preferences
View basic journey plans and suggestions

Features only available to Customers with a Purchase:

Book trip
Refine and customise trip details
In trip support and customer service
Purchase one-offs add-ons for trips
Provide APIs (Advanced Passenger Information)
Cancel Purchase to the Service

To obtain a paid Purchase and gain access to all the features of the Site and Services accessible to it, the Customer must fill out their details and select and pay for their package online.

After having reviewed your personal data, your Purchase package and method of payment, you, the Customer, must confirm payment. This last step formalises the entering into the Purchase contract to the Services in accordance with these Terms of Use and is subject to the Booking Conditions.

Input errors by the Customer or member of the Byway team may be corrected at any time before or after the contract is submitted. By making your payment after checking the contents of the purchase and making any changes deemed necessary, you, the Customer, accept these Terms of Use in full without reservation.

Once payment is confirmed, Byway will also acknowledge receipt of the purchase by email as soon as it is confirmed. This email will include the Byway package selected, the invoiced amount and these Terms of Use containing Byway’s contact information.

As a security and quality measure, Byway may deactivate accounts of Customers who have not used the Services for 6 (six) months or more and for whom no Purchase remains valid. In the case of paying Customers, this six-month period begins on the date that the last Purchase expired.

In addition, any personal data or travel preferences contained through the Sites and saved by the Customer on its account are automatically deleted at the end of a two-year period unless otherwise requested by the Customer.

Article 3. Use of Services

Once registered, the Customer will have access to the Services, in accordance with its Purchase. The Customer will be able to access all the Byway Sites and their profile information using the links sent via email.

The prices and terms of payment for the various Paid Services are accessible at any time on the Sites during the presentation or use of the Paid Service(s) to which the Customer wishes to subscribe, as well as its (or their) respective rate(s).

3.1. Byway’s obligations pertaining to the Services

The purpose of the Services is solely to provide Customers of the Byway platform with information, inspiration and flight-free package holidays matching their travel preferences.

The purpose of the Services also does not cover the verification of the actual identity of Customers or End Users when they connect to the Sites or to control the content and information provided by Customers and/or End Users. Byway is not responsible for any failure of the Customers to provide accurate information.

3.2. Customer’s obligations

The provisions of this Article also apply without prejudice to the Article entitled “Termination”.

As part of the use of the Services, the Customer agrees to comply with the laws in force and respect third-party rights and the provisions of the Terms of Use.

3.2.1. General obligations

The Customer’s general obligations are as follows:

Conduct itself in an honest manner with respect to Byway and other End Users and Customers.
Not infringe the intellectual property rights of the content provided by Byway and other Customers.
Not reveal any information about its private life the dissemination of which could be harmful to the Customer or its reputation.

3.2.2. Essential Obligations

The Customer’s Essential Obligations are as follows:

Not to provide incorrect or misleading information regarding their personal data or travel preferences
Not to post, disclose, or disseminate in any form whatsoever information or content that has the effect of diminishing, disrupting, preventing the normal use of the Services, interrupting and/or slowing the normal flow of communications between Customers and Byway through the Services, such as software, viruses, logical bombs, mass mailing, etc.
Not to provide email addresses to Byway of other persons or publish or send any information referring to other persons without having obtained their prior consent.
To use the Services in accordance with the purpose described in the Terms of Use.

Only the Customer may use its personal information to access the Services. In this regard, the Customer will not, without this list being exhaustive, communicate, disseminate, share, make accessible, in any way whatsoever, its account information (including email account details) to any third party. Should a Customer wish to provide access to their Byway account to a third party, included but not limited to a friend, colleague or relative, the Customer will do so at their own risk.

A breach of the Essential Obligations constitutes a serious breach by the Customer of its obligations. Without prejudice to the provisions of the Article entitled “Termination”, in the event a Customer fails to fulfil one or more of these Essential Obligations, Byway may terminate the contract and permanently delete the Customer’s account(s) on the Sites and Services.

Article 4. Fees and Terms of Payment

4.1. Fees, terms and conditions of payment

The use of Paid Services may only be made where the Customer has a Purchase. Customers may purchase a Purchase by bank card on the Internet.

The fees and Booking Conditions for these various Paid Services are at all times available during the introduction or use of the Paid Service(s) to which the Customer wishes to subscribe as well as its (or their) respective rate(s).

Fees are quoted in pounds, all taxes included. The purchase of a Purchase by a Customer is virtually instantaneous from the validation of the transaction by Bank Card.

4.2. Terms and conditions for upgrading a Byway Purchase

The Customer may also subscribe to other one-time services or purchase add-ons or additional products (including but not limited to travel insurance products, upgrades, in-destination experiences, etc.) related to Byway Service(s) or upgrade their current Byway Purchase.

Where applicable, these one-time services are purchased from other service providers and subject to other payment terms and conditions than those used for the Services offered by Byway, which will be provided by the relevant service providers. The billing and payment terms and conditions specific to these one-time services and special offers will be given to the Customer by the relevant service provider and accepted by the Customer prior to purchase.

Article 5. Intellectual Property

5.1. Content disseminated on the Services

All Services names, trademarks, logos, graphics, animations, videos and texts contained on the Sites and within the Services are the property of Byway (unless otherwise attributed), and may not be reproduced, used or displayed without the express authorisation of Byway.

The rights of use granted to the Customer are limited to private and personal use as part of and for the duration of the registration for the Services. Any other use by the Customer is prohibited.

The Customer is prohibited from, among other actions, modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially operating and/or distributing the Services, Site pages or the computer code of the Services and Sites, in any way whatsoever.

5.2. Content disseminated by Customers

Customers grant Byway a licence to use the intellectual property rights arising from the content provided by Customers in connection with their registration and use of the Services. This licence includes, but is not limited to, the right of Byway to reproduce, represent, adapt, translate, digitise, and use for the purposes of the Services, or sub-license the content provided by the Customer (information, images, description, travel preferences, etc.) on all or part of the Services (on the Sites, by email) and on all the Sites, in the mailing campaigns carried out by Byway, and, in general, on all electronic communication media (email, SMS, MMS, WAP, Internet, mobile application) as part of the Services.

The Customer expressly authorises Byway to modify this content to comply with the graphic charter of the Services or other communication media referred to above, and/or to bring it into compatibility with its technical functionality or the formats of the media in question. These rights are granted worldwide and for the duration of the Terms of Use between the Customer and Byway. The Customer may not copy, reproduce, or otherwise make use of the content produced by other Customers, other than for the strict purposes of the use of the Services for personal and private purposes.‍

Article 6. Liabilities and Representations and Warranties

6.1. Operation of Sites and Services

To use the Services, Customers must have the equipment, software, and parameters necessary for the correct operation of the services, including the latest version of an Internet browser with Session cookies permitted and acceptance of pop-ups.

Depending on your network configuration (protected by a firewall or proxy) the connection with our sites might not be possible.

Customers must have the abilities, materials and software required for the use of the Internet or the Services mobile application, if applicable, the Internet services, and acknowledge that the nature and constraints of the Internet do not guarantee the security, availability and integrity of the transmission of data over the Internet or through mobile applications.

Byway does not guarantee that the Services will be able to be used if Customers use a “pop-up killer” tool; in this case, this function must be disabled prior to the use of the Services.

Byway does not warrant that the Services will function properly if the Customer’s Internet service provider fails to provide an adequate level of service. Similarly, if applicable, the use of smartphone applications, whose use Customers have agreed on directly with the provider, requires Customers to have a smartphone and a satisfactory connection.

Under these circumstances, Byway is not responsible for any lack of functionality, lack of access or poor conditions of use of the Sites that would be attributable to equipment-related inadequacies, to the internal failures of Customers’ access provider, the overloading of the Internet network and for any and all other reasons external to Byway, which the Customer agrees are events of force majeure.

The operation of the Services may be interrupted momentarily due to maintenance, updates or technical improvements, or to update the content and/or the way it is presented. To the extent possible, Byway will notify their Customers prior to any maintenance operations or updates.‍

6.2. Information and content provided by Customers

Information provided by a Customer to Byway must be accurate and true. A Customer may disclose information voluntarily and the consequences that disclosing this information may have on the Customer’s life or the lives of other Customers are the exclusive responsibility of the Customer in question. The Customer, on its own account, discloses and disseminates information, data, texts, content and images that concern it through the Services.

Accordingly, the Customer waives the right to make any claim against Byway, in particular on the basis of the possible infringement of its image rights, honour, reputation or privacy of its private life, that may result from the distribution or dissemination of information that concerns it under the terms and conditions established in the Terms of Use, in particular the Privacy Policy, to the extent that the Customer has previously given its voluntary and express consent to such dissemination as a result of its registration with the Services and in application of the Terms of Use.

Byway cannot be held liable for the accuracy or inaccuracy of the information and content provided by other Customers, visitors to the Sites and/or the Customer itself (and the consequences of reliance on any such information). Similarly, Byway cannot be held liable for any content disseminated by a Customer that may potentially constitute a breach of the rights of one or more of the other Customers or third parties, where a Customer of Byway can demonstrate that it: (i) was not informed by a Customer or third party, or about the content or the dissemination, (ii) did not have actual or prior knowledge of the same or (iii) did not commit a breach in the performance of any of its contractual obligations which led to such content being disseminated.

Byway may only be held liable by a Customer if and to the extent there is proof of a breach having been committed by Byway or one of its service providers involved in the performance of the Byway’s contractual obligations, and this breach has caused the Customer direct damage. Where appropriate, it will be Byway’s responsibility to demonstrate that it has not committed any breaches in the performance of its contractual obligations. Byway may not be held liable for any direct or indirect damage incurred by the Customer in the event the Customer causes the damage or the damage results from an event of force majeure.

The quality of the Services demanded by both Byway and its Customers requires that Customers conduct themselves ethically, and behave with respect for the rights of third parties, and the respect for the laws and regulations in force. To meet this demand for quality, individual responsibility and ethics, Byway requests any Customer to report any data (photography, text, video), behaviours or comments made by another Customer that appear to be in violation of the laws and regulations in force, concerning the purpose of the Services, third-party rights or public morals.

As a result, Customers acknowledge and accept that the data they provide, as well as their behaviour or comments made through the Services, may be reported by other Customers or End Users and are subject to acts of moderation and/or oversight by Byway on the basis of objective assessment criteria. In the event that Byway’s investigation of a report reveals that a Customer violated the laws and regulations in force or its contractual obligations, the provisions of the Terms of Use, in particular, Article 8 entitled “Termination”, may be applied. Depending on the Customers’ behaviour or the comments made by Customers, the monitoring team may decide to block any new registration by a Customer that has been the subject of a complaint.

In the event Byway is held liable on the basis of a Customer’s breach of its legal obligations or those under the Terms of Use, said Customer agrees to indemnify and hold Byway harmless against any orders issued against it resulting from the Customer’s breach of its obligations.

6.3. Links and external resources

Byway is only liable for the hyperlinks it creates, and does not exercise any control over the External Websites and external resources (third-party websites or mobile applications, social networks, etc.) to which the hyperlinks accessible on the Sites and the Services redirect and which Byway did not create. It cannot be held liable for the provision of hyperlinks to External Websites, and cannot be held liable for their content, advertisements, products, service features or any other information available on or based on the use of such External Websites.

Any issues relating to a link must be submitted to the administrator or webmaster of the site in question. A Customer’s access and/or use of these sources and External Websites may be governed by third party terms and conditions over which Byway has no control.

Finally, if during the course of using the Sites, the use of the Sites leads a Customer to pages that include External Websites, pages or forums whose title and/or content constitutes a violation of applicable law, that Customer is requested to terminate its use of the Sites, or navigation to, the External Website in question. Customers who continue to search, or navigate to, such External Websites proceed at their own risk, and Byway will not be liable for the content of External Websites.

6.4 Indemnity

You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this Agreement and/or to your use of the Services.

Article 7. Account Closure

Customers may request the closure of their Byway account at any time without reason by making a request through hello@byway.travel or by any means which may be indicated under this heading. This request will be deemed made on the working day following the receipt by Byway of the request to close the account concerned and the account will be deleted no later than fourteen (14) days after the receipt of the request by Byway. This request will not entail reimbursement to the Customer of any Purchases except under the Cancellation Policy.

Without prejudice to the other provisions of the Terms of Use, in the event of a serious breach of the Terms of Use by the Customer, Byway will terminate the Customer’s account without prior notice or formal notice. This termination will have the same effect as the termination by the Customer.

This termination will take effect without prejudice to any damages Byway, the Byway Group Companies, its or their successors and/or authorized representatives may claim from Customers as compensation for losses incurred by Byway and/or its successors and/or authorised representatives as a result of these breaches.

The Customer will be notified by email of the termination or confirmation of the termination of its account. Data relating to the Customer will be destroyed at the request of the Customer or at the expiry of the current statutory period from the termination of the Customer’s account.

Article 8. Agreement with the Customer

These Terms of Use constitute a contract that governs relations between the Customer and Byway. These Terms of Use supersede all previous provisions not expressly referred to or appended and constitute the entire rights and obligations of Byway and the Customer with respect to their subject matter.

If one or more provisions in the Terms of Use are held to be unenforceable under applicable laws or regulations or as a result of a final decision of a competent court, the other provisions will remain in full force and effect, to the extent permitted by that decision. Furthermore, the failure of a Party to act with respect to a breach by the other Party of any of the provisions of these Terms of Use does not in any way imply a waiver of the right to act at a later date with respect to that breach.‍

Article 9. Modification of the Services or Terms of Use

Byway may amend these Terms of Use at any time. Notice of the nature of these amendments will be sent to Customers as soon as they are posted on the Sites. The amendments will come into effect one month after they are posted on the Sites. With respect to Customers registering after the amendments are posted on the Sites, these amendments will immediately apply, as they will have expressly accepted them by becoming Customers. Upon the issuing of an amendment to a Customer, the Customer will have several options:

9.1. The Purchase initially taken out by the Customer has not yet expired

In this case, the Customer may choose to comply instead with the Terms of Use that were in force on the date that the Customer’s initial Purchase started until the expiry of that initial Purchase.‍

9.2. The Customer’s initial Purchase has expired

In this case, the Customer may implement the procedure referred to in Article 8 entitled “Termination” at any time during the four (4) months following the date of entry into force of the new Terms of Use. Beyond this four-month period, if the Customer has not made known its intention to terminate its account, the Customer’s acceptance of the new Terms of Use is implied.

Customers are accordingly invited to consult the version of the Terms of Use in force available on the Sites at all times.

Article 10. Applicable law

These Terms of Use are governed, interpreted and applied in accordance with English law, with the English language being the language of interpretation. In the event of a dispute as to the meaning of a term or provision of these Terms of Use, Customers may contact Byway by emailing hello@byway.travel, making sure to indicate any personal identifiers including first name, last name and email address. Customers may also make claims on the European Commission’s online dispute resolution platform by visiting the following URL: http://ec.europa.eu/consumers/odr/ . The European Commission will transfer the Customer’s claim to the competent notified national mediators.

In accordance with the rules applicable to mediation, prior to any request for mediation, the Customer must first have raised any dispute with Byway in writing in order to attempt an amicable resolution of this dispute.

Any disputes between Byway and a Customer, including any non-contractual disputes, arising from these Terms of Use or the Services that the Customer does not elect to settle by mediation as described above, will be dealt with by the courts of England and Wales, or if a Customer is a consumer living in: (i) Scotland, by the courts of Scotland or (ii) Northern Ireland, by the courts of Northern Ireland.

Article 11. About us

The Services provided by Byway to Customers and Visitors pursuant to these Terms of Use are offered by Byway Travel Limited, trading as Byway, a private limited company incorporated in England and Wales with registered company number 12528990 whose postal address is Byway, c/o International House, 45-55 Commercial Street, London, England, E1 6BD, United Kingdom and whose registered office is at International House, 45-55 Commercial Street, London, England, E1 6BD.

If you have questions, you can contact Byway by emailing us at hello@byway.travel.