TERMS OF USE

In these Terms of Use ‘Travel Channel’ means Travel Channel International Limited (64 Newman St, London W1T 3EF, England) which is the owner and operator of the web sites: www.travelchannel.co.uk, www.travelchanneltv.com, www.travelchanneltv.asia, www.travelchanneltv.cz, www.travelchanneltv.de, www.travelchanneltv.hu, www.travelchanneltv.nl, www.travelchanneltv.no, www.travelchanneltv.pl, www.travelchanneltv.ro, travelchanneltv.ru, www.travelchanneltv.se, www.travelchanneltv.si, www.travelchanneltv.com.pt or www.travelchannelvod.com.

each referred to as a ‘Travel Channel Website’.

All ownership, copyright and all other rights in the material and content residing on any of the Travel Channel Websites belongs worldwide to Travel Channel and/or its licensors, advertisers or suppliers.

1. ACCEPTANCE

1.1 By using this Travel Channel Website or any URL relative thereto (the ‘Site’) you agree to be legally bound by these Terms of Use, which take effect (except Section 7) immediately on your first use of the Site. If you do not agree to be legally bound by these Terms of Use then do not use this Site.

1.2 These Terms of Use may be varied by Travel Channel from time to time. Please ensure you review these Terms of Use regularly as you will be deemed to have accepted a variation if you continue to use the Site after a variation has been posted.

2. USE OF SITE CONTENT

2.1 Subject to Section 2.2 below, you can download and/or record any accessible and recordable content on this Site on a single computer or other receiving device (and print out a single hard copy of such content) for your own personal and lawful use only. But in no circumstances may any material from this Site be duplicated, sold or used for any commercial or public purpose. Prohibited uses of material on this Site include (without limitation) storage in any website, burning to CD or DVD, distribution, transmission, webcast or broadcast.

2.2 Where Travel Channel offers the opportunity to purchase access via the Site to any streamed audiovisual content or other material by means of Special Access Services (see Section 7), then you are not entitled to download, record or make a permanent copy of that stream.

2.3 Parts of this Site (for example Special Access Services – see Section 7) may not be available to persons in countries where Travel Channel does not hold the relevant rights. If you see a message that content or material is unavailable, you agree to abide by such restriction and not to circumvent or attempt to circumvent such restriction, whether by technical means or otherwise.

2.4 You will indemnify Travel Channel against all legal fees, damages and other expenses that may be incurred by Travel Channel as a result of your misuse of any material or content on the Site.

3. CLOSED 'COMMUNITIES' WITHIN THE SITE

Where any part of the Site (a ‘Community’) is closed other than to persons registering to be members of that Community, then Travel Channel has the right to refuse to allow you access to any such Community or to cancel or suspend your membership thereof at any time for any reason without advance notice. Travel Channel shall not be liable for any loss or damage whatsoever arising from your inability to access or use any part of the Site or the Community. For the avoidance of doubt the other Terms of Use apply to Communities.

4. CONTRIBUTIONS TO THE SITE OR COMMUNITIES

4.1 Where you are able or invited to submit any contribution to the Site or a Community (including any text, photographs, graphics, video or audio), in doing so you thereby grant to Travel Channel a non-exclusive, royalty-free, perpetual and worldwide licence to use, transmit, publish and otherwise exploit the contribution in any form or media whatsoever (whether now or hereafter invented), including without limitation print, broadcast and electronic media. If you do not want to grant Travel Channel the rights set out above, then do not submit your contribution.

4.2 Further to Section 4.1 above, by submitting your contribution, you:

(a) warrant that your contribution:-

(i) is your own original work and that you have the right to make it available to Travel Channel for all the purposes specified above;
(ii) is not defamatory; and
(iii) does not infringe any law, or the rights of any person.

(b) indemnify Travel Channel against all legal fees, damages and other expenses that may be incurred by Travel Channel as a result of your breach of any of the above warranties; and

(c) waive all moral rights in your contribution for the purposes specified above, whether pursuant to Chapter IV of the Copyright, Design and Patents Act 1988 or otherwise.

4.3 Travel Channel is under no obligation to include any material you submit, and it has the right at any time and for any reason to alter or remove from the Site any material submitted by you without giving you any advance notice, and Travel Channel shall not be liable for any losses or damages whatsoever arising from the alteration or removal of such material.

5. RESPONSIBILITIES

5.1 You agree not to use the Site (or your membership of any Community therein which may be created by Travel Channel):-

(a) for the submission of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of solicitation or commercial exploitation;

(b) for the submission to the Site, Travel Channel or to any other members of a Community of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;

(c) to transmit or re-circulate any material obtained from the Site to any third party except where expressly permitted on the Site;

(d) in such a way so as to remove the copyright or trade mark notice(s) from any print-out/copy of any material made in accordance with these Terms of Use; or

(e) for the submission to the Site, Travel Channel or to any other members of a Community, of any offensive, inappropriate or objectionable communication or content; or

(f) in any way that might bring Travel Channel into disrepute.

5.2 You agree that Travel Channel may use information available to it about you to stop any behaviour falling within 5.1 above. This may involve informing relevant third parties such as your employer, e-mail/internet provider or law enforcement agencies as appropriate about the content and your behaviour.

5.3 In using this Site you acknowledge that all or part(s) of the content may be inaccessible and/or unusable by you in whole or part and/or subject to additional terms or rules (which additional terms or rules will be made known to you at the relevant time). In using content which is subject to additional terms or rules you agree to be legally bound by them also.

6. DISCLAIMERS

6.1 Whilst every effort has been taken to ensure the accuracy of the information contained on the Site, it has been provided from a number of sources and Travel Channel accepts no liability for this information. It is the responsibility of users to check the accuracy of relevant facts and opinions given on the site before entering into any commitment based upon them, and visitors use this Site entirely at their own risk.

6.2 In particular and where appropriate, you should seek confirmation of any important requirements (e.g. departure dates, visa requirements) direct from a holiday supplier before finalising travel plans. Similarly Travel Channel accepts no liability whatsoever (whether contractual, tortious or otherwise) arising in the course of a visitor booking, using, taking up, or otherwise enjoying any product or service featured or promoted on or via the Site.

6.3 The Site may contain material (including, but not limited to, advertisements or banners) posted by third parties. Individual users, advertisers and their agencies are solely responsible for the content of advertising and other material which they submit to Travel Channel for inclusion on the Site and for ensuring that such content complies with all relevant legislation. Travel Channel accepts no responsibility for the content of material submitted by third parties, including, without limitation, any error, omission or inaccuracy therein.

6.4 These Terms of Use govern the use of the Site. Further terms & conditions apply to any order, booking or reservation placed by a customer through the Site (where such facilities are available), and these will be drawn to your attention at the appropriate time. No contractual relationship can be established or implied by virtue of the featuring of products and services on this Site. Where visitors to the Site may obtain products or services via their browser, no contract can be concluded until the product/service provider confirms acceptance of an order in accordance with that provider’s procedures. Save unless otherwise stated or mandated by governing law, no warranty whatsoever is given as to any goods or services purchased, obtained or offered to you through use of the Site, whether accessed directly or otherwise, and no liability is accepted by Travel Channel in relation to any contract entered into by you with any third party on or by means of the Site.

6.5 Products and services from a large number of companies may be mentioned on this Site, in some cases with links to those companies’ own websites. No endorsement or recommendation by Travel Channel of those companies is implied by their presence here, or by such links, nor is it thereby implied that such companies necessarily have any relationship (contractual or otherwise) with Travel Channel.

6.6 Whilst effort has been taken to ensure that the Site is free from viruses, no warranties are given that it is free from viruses and users/visitors are responsible for ensuring that they have installed adequate virus checking software on their own computers. Travel Channel shall not be liable for any viruses or any other computer code, files or programs designed or included by third parties to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any software and/or hardware.

6.7 The names, images and logos identifying Travel Channel or third parties and their products and services are subject to copyright and/or design rights and/or trade marks of Travel Channel and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any of the same.

6.8 Travel Channel accepts no responsibility for the non-availability of the Site or part(s) thereof, whether due to technical problems, rights issues or otherwise, nor does it warrant that functions contained in Site content will be uninterrupted or error free, that defects will be corrected, or that the Site or the server(s) that makes it available are free of errors or bugs.

6.9 Under no circumstances will Travel Channel be liable for any of the following losses or damage (whether such losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Site regardless of the form of action.

7. SPECIAL ACCESS SERVICES (E.G. VIDEO ON DEMAND SERVICES)

7.1 Where Travel Channel offers the opportunity to purchase access via the Site to any audiovisual or other material on a pay per click or subscription basis (‘Special Access Service(s)’), and you accept the same (whether by signature or by clicking the appropriate button on the Site to accept the service), then (but only then) all the provisions of this Section 7 will apply. For the avoidance of doubt the remainder of these Terms of Use also apply to all Special Access Services - including Section 2 above.

7.2 Where Special Access Services are provided by means of streaming, you are not entitled to make a permanent copy of any audiovisual or other material streamed to you.

7.3 You agree to pay us the subscription or fee (‘Fees’) as detailed on the Site in relation to the Special Access Service you purchased, and where the Fee is periodic or recurring, to pay the Fees at such time(s) as specified on the Site when you accepted the service.

  • You must provide us with your credit card details to enable us to collect the Fees.
  • If your credit card payment fails we will inform you and you must ensure that your Fees are paid by an alternative method.
  • If the Fees remain unpaid 4 days following the due date for payment for any reason, we reserve the right to immediately withdraw your entitlement to the Special Access Service. We may also charge an administration fee where detailed in our Price List.
  • If you fail to pay the Fees we may (at our option) send a letter or email to you requiring full payment of the Fees within 10 days.
  • If your Fees remain unpaid more than 25 days after the original due date for payment, a security deposit of 3 times your average monthly invoice may be required by us before we reinstate your Special Access Service.
  • If your Fees remain unpaid more than 32 days after the original due date for payment, your Special Access Service may be terminated by us forthwith by letter or email to you and appropriate action may be taken by us to collect any outstanding sums.

7.4 Special Access Services are provided solely for your use and you may not resell or sub-license or attempt to resell or sub-license any Special Access Service (or any part) to any third party.

7.5 Travel Channel will not be liable for any failure to deliver Special Access Services where such failure is due to a reason outside its reasonable control, including, but not limited to, failure of a third party telecommunications provider, lightning, severe weather, fire, explosion, war, riots, industrial disputes, acts of terrorism, government action or regulation or national or local emergency. If such failure to deliver continues for more than 30 days after the commencement of such failure, then either party may terminate provision to you of Special Access Services on notice in writing to the other party.

7.6 Subject to Section 7.7 below, you have the right under the Distance Selling Regulations 2000 (‘DSR’) to give notice to cancel any Special Access Service you purchase within 7 working days of its purchase by you. Notice must be sent to vod@travelchannel.co.uk.

7.7 If you use the Special Access Service prior to the expiry of the cancellation period, as set out in Section 7.6 above, you agree that you will not have the right to cancel under the DSR.

7.8 Where a Special Access Service is for a definite period as specified on the Site (for example a One Year subscription) then you must pay the specified Fees throughout that period. Your subscription will expire at the end of that period and is not terminable earlier by either of us other than under 7.5, 7.6, 7.9, 7.10 or 7.12 below. Where your right to receive a Special Access Service has ended for whatever reason you shall not use or attempt to use the Special Access Service thereafter.

7.9 Subject to Section 7.10 below, either party may terminate provision of a Special Access Service immediately, without notice, if the other commits a material breach of any of these Terms of Use and, where such a breach is capable of remedy, fails to remedy the breach within 7 days of a written notice to do so sent by letter or email.

7.10 We may at our sole discretion immediately suspend or terminate a Special Access Service in the event that:

(i) we are directed by any competent authority to cease the provision of the Special Access Service or any part thereof; or
(ii) we are unable to continue providing the same for any reason (including for the avoidance of doubt economic or commercial reasons, or where our ability to do so is adversely affected as a result of rights or claims of a third party), but in any situation which falls into (i) or (ii) you shall be entitled to a pro rata refund of Fees paid in advance for any remaining minimum period during which we had agreed to provide the Special Access Service); or
(iii) you fail to pay the Fees when you are required to do so as set out above; or (iv) any credit card details submitted by you for payment cease to be valid; or (v) you use the Special Access Services in breach of Section 2 or 7.2; or
(vi) your agreement with your telecoms provider for your direct exchange line is terminated

7.11 If we suspend a Special Access Service, we may subsequently terminate it at any time if the circumstance(s) in Section 7.10 remain.

7.12 We may change the terms of provision of any Special Access Service (including without limitation the relevant Fees) at any time, provided that if the change is likely to materially prejudice your use of a Special Access Service to which you are currently contracted, we will give you notice of the changes at least 14 days before the change is to take effect at which time you may terminate the Special Access Service by notice to vod@travelchannel.co.uk, with termination effective as at the date that the changes are due to come into effect.

7.13 You accept that we may be required to contact you by email for administrative purposes in relation to any Special Access Service, regardless of whether you have chosen not to receive newsletters or information from Travel Channel or its associates or to be a member of any Community which may be set up by Travel Channel.

8. USER NAMES, PASSWORDS & ONLINE REGISTRATION

8.1 You must ensure that any user name(s) and password(s) used in connection with any Special Access Services, Communities or goods ordered from this Site are kept confidential and are only used by you and on this basis you take full responsibility for the confidentiality of your password(s). You must inform us immediately by emailing vod@travelchannel.co.uk if you know or suspect that your user name(s) or password(s) has been disclosed to an unauthorised user or is being used in an unauthorised way. You must not change or attempt to change a user name without our consent. We may:

  • suspend your user name(s) and password(s) if at any time we think that there is or is likely to be a breach of security; and
  • ask you to change any password(s).

8.2 You must provide accurate information in your online registration form (this includes, without limitation, your bona fide email address) and inform us immediately if there are any changes to that information.

9. ITEMS ORDERED FROM THIS SITE AND DELIVERED BY POST/COURIER

9.1 Stock: If you buy an item from this Site (for example a packaged DVD) and the item you have chosen is unavailable you shall be contacted via your e-mail address or by post. Out-of-stock goods marked ‘To Follow’ on your delivery note will be forwarded automatically - you don’t need to contact us again.

We get authorisation from your credit/debit card at the time we receive your order, once we have checked your card details and stock availability. Your card will be debited for goods that are in stock and ready for dispatch. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods and tell us you do not want to wait.

9.2 Pricing Policy: All products on the Site are priced in Pounds Sterling or Euros and include EU VAT at the appropriate local rate. Any duties or local taxes are payable by the purchaser at the appropriate local rate. Orders to individuals in non-EU countries are tax deductible. Sales to VAT-registered businesses and organisations within the EU will normally not be charged VAT provided that VAT registration numbers and business details accompany every order.

While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of the goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

9.3 Delivery: We aim to dispatch goods in stock as quickly as possible. The maximum period of delivery would be within 28 days, unless specifically agreed with you the customer.

Some goods may only be delivered to certain countries, and this will be specified in the information on this Site accompanying the relevant goods for sale.

In the event that your order hasn't arrived within a reasonable period of time please contact us at paypal@travelchannel.co.uk. You will need to provide us with your name, email address, and order number or details of your order.

9.4 Return of Goods Policy: Goods can be returned for a full refund if they are faulty or if the wrong item has been dispatched within 14 days after receipt of goods. In this event, please contact us at shop@travelchannel.co.uk and provide us with your name, email address, and order number or details of your order, or (where available) complete the form on the reverse of your delivery note and follow the appropriate instructions.

If the goods have been dispatched as ordered, but are unwanted due to their description on the website being incorrect or misleading, then they can be returned for a repayment (including delivery charge) within 14 days after the receipt of the goods as above.

Returned items must be unused, have their original packaging and labelling, and be accompanied by the original delivery note. Nothing in these Terms of Use affects your statutory rights as a consumer. The card used for the purchase will be credited with the original purchase amount (less any delivery charge paid where appropriate.)

9.5 Cancellation Policy: We comply with The Distance Selling Regulations and subject to the provisions of our returns policy outlined above, every customer has the right to cancel their order within 7 days of receiving the goods.

9.6 Copyright: The content of the product you are purchasing is subject to copyright and other intellectual property rights, and you should refer to any notices accompanying the item. The product is supplied for private viewing only and may in no circumstances be duplicated, sold or used for any commercial or public purpose, and prohibited uses include (without limitation) storage in any website, burning to CD or DVD, distribution, transmission, webcast or broadcast.

10. GENERAL

10.1 These Terms of Use do not create any rights under the Contracts (Rights of Third Parties) Act 1999 which are enforceable by any person other than Travel Channel or you (but this does not affect any right or remedy of a third party which exists or is available apart from that Act).

10.2 Travel Channel may assign, sub-contract or otherwise deal with its rights or obligations hereunder without giving you notice beforehand. You may not assign, sub-contract, sell or transfer your rights or obligations herein.

10.3 If any part, term or provision of these Terms of Use is held by any legally competent court or regulatory body to be illegal or unenforceable, the validity or enforceability of the remainder of these Terms of Use will not be affected.

10.4 If either party delays in acting upon a breach of these Terms of Use that delay will not be regarded as a waiver of that breach. If either party waives a breach of these Terms of Use that waiver is limited to that particular breach.

10.5 All warranties and conditions (save those as to title) implied by statute, regulation, treaty, civil code or common law are hereby excluded to the full extent permitted by the law governing these Terms of Use.

10.6 English law governs and applies to these Terms of Use, and you and Travel Channel submit to the exclusive jurisdiction of the courts of England in all matters relating to the provision and use of this Site.