Please Read our Terms and Conditions Carefully

  • 1. Your Agreement
    • 1.1 This Avalon Guide App/Software (together, 'Avalon Guide) is operated by Avalon Guide. Please read these terms of use (“this Terms of Use”) carefully before using the Avalon Guide App and the services offered by Avalon Guide, its affiliated companies or the third-party operators (the “Operator”) through the Avalon Guide (the “Services”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the Avalon Guide App and (2) persons for whom you make a purchase of the Services.
  • 2. Change of Terms of Use
    • 2.1 Avalon Guide's Modifications
      • 2.1.1 Avalon Guide reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If Avalon Guide changes or modifies this Terms of Use, Avalon Guide will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised.
      • 2.1.2 Your continued use of the Avalon Guide App after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access the Avalon Guide App and/or the Services. It is your responsibility to regularly check the Avalon Guide App to ascertain if there are any changes to this Terms of Use and to review such changes.
      • 2.1.3 In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time and the privacy policy adopted by Avalon Guide from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms of Use.
  • 3. Access and Use of the Services
    • 3.1 Ownership of Content
      • 3.1.1 This Avalon Guide App, the domain name, subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Avalon Guide in connection therewith are owned and operated by Avalon Guide.
    • 3.2 Provision and Accessibility of Services
      • 3.2.1 Subject to this Terms of Use, Avalon Guide may either offer to provide the Services by itself or on behalf of the Operators, as described in further detail on the Avalon Guide App. The Services that have been selected by you on the Avalon Guide App are solely for your own use, and not for the use or benefit of any third party. The term "Services" includes but is not limited to the use of the Avalon Guide App, any Services offered by Avalon Guide by itself or on behalf of the Operators on the Avalon Guide App. Avalon Guide may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. Avalon Guide may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.
      • 3.2.2 Avalon Guide does not guarantee that the Services will always be available or uninterrupted. Avalon Guide will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.
      • 3.2.3 If you link to the Avalon Guide App, Avalon Guide may revoke your rights to so link at any time, at Avalon Guide’s sole discretion. Avalon Guide reserves the right to require prior written consent before linking to the Avalon Guide App.
  • 4. Avalon Guide App and Content
    • 4.1 Use of the Content
      • 4.1.1 All materials displayed or performed on the Avalon Guide App including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Avalon Guide App and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use.
      • 4.1.2 If Avalon Guide agrees to grant you access to the Avalon Guide App and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access the Avalon Guide App in accordance with this Terms and Use. Avalon Guide may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from the Avalon Guide App.
      • 4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in the Avalon Guide App and the Content accessed through the Avalon Guide App, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever the Avalon Guide App or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
    • 4.2 Avalon Guide’s Liability for the Avalon Guide App and Content
      • 4.2.1 Avalon Guide cannot guarantee the identity of any other users with whom you may interact with in the course of using the Avalon Guide App. Avalon Guide cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using the Avalon Guide App is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
      • 4.2.2 Under no circumstances will Avalon Guide be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Avalon Guide App.
  • 5. Intellectual Property Rights
    • 5.1 Intellectual Property
      • 5.1.1 All intellectual property rights subsisting in respect of the Avalon Guide App belong to Avalon Guide or have been licensed to Avalon Guide for use on the Avalon Guide App. This Avalon Guide App, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of the Avalon Guide App and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on the Avalon Guide App or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and non-commercial use is expressly prohibited without prior written permission from Avalon Guide or from the copyright holder identified in such Contents copyright notice.
  • 6. User Submissions
    • 6.1 Uploading of Information
      • 6.1.1 In the course of accessing the Avalon Guide App or using the Services, you may provide information which may be used by Avalon Guide and/or the Operators in connection with the Services and which may be visible to other users of the Avalon Guide App. You understand that by posting information or content on the Avalon Guide App or otherwise providing content, materials or information to Avalon Guide and/or the Operators in connection with the Services (“User Submissions”): (a) You hereby grant to Avalon Guide and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating the Avalon Guide App and Avalon Guide’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels; (b) You agree and authorize Avalon Guide to use your personal data in accordance with the Privacy Policy in effect from time to time; (c) You hereby grant each user of the Avalon Guide App a non-exclusive license to access your User Submissions through the Avalon Guide App, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Avalon Guide App and under this Terms of Use; (d) You acknowledge and agree that Avalon Guide retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Avalon Guide does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; (e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and (f) That all the User Submissions publicly posted or privately transmitted through the Avalon Guide App is the sole responsibility of you and that Avalon Guide will not be liable for any errors or omissions in any content.
  • 7. Users Representations, Warranties and Undertakings
    • 7.1 Use of the Avalon Guide App and the Services
      • 7.1.1 You represent, warrant and undertake to Avalon Guide that you will not provide any User Submissions or otherwise use the Avalon Guide App or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without Avalon Guide’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Avalon Guide; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
    • 7.2 Removal of User Submissions
      • 7.2.1 Avalon Guide reserves the right to remove any User Submissions from this Avalon Guide App at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if Avalon Guide is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
    • 7.3 Responsibility for User Submissions
      • 7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Avalon Guide App.
      • 7.3.2 You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on the Avalon Guide App. You represent, warrant and undertake to Avalon Guide that: (a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize Avalon Guide to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by the Avalon Guide App and this Terms of Use; and (b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or Avalon Guide’s use of the User Submissions, or any portion thereof, on or through the Avalon Guide App and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
      • 7.3.3 You are responsible for all of your activity in connection with using the Avalon Guide App and/or the Services. You further represent, warrant and undertake to Avalon Guide that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use the Avalon Guide App and/or the Services; or (b) sell or resell any products, services or reservation obtained from or via the Avalon Guide App; (c) use the Avalon Guide App for commercial or competitive activity or purposes, or for the purpose of making speculative, false or fraudulent bookings or any reservations in anticipation of demand; (d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Avalon Guide App; or (e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (f) Run maillist, listserv, or any other form of auto-responder, or "spam" on the Avalon Guide App, or any processes that run or are activated while you are not logged on to the Avalon Guide App, or that otherwise interfere with the proper working of or place an unreasonable load on the Avalon Guide App’s infrastructure; or (g) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Avalon Guide App; or (h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of Avalon Guide App.
      • 7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using the Avalon Guide App and/or the Services.
  • 8. Registration and Security
    • 8.1 Opening of the Avalon Guide Account
    • 8.1.1 In the course of using the Services, you may be required to open and maintain an account with Avalon Guide (“Avalon Guide Account”).
    • 8.2 Provision of Personal Information
      • 8.2.1 As a condition to using some aspects of the Services, you may be required to register with Avalon Guide and select a password and user name (“Avalon Guide User ID”). If you are accessing the Services through a Third Party Website or service, Avalon Guide may require that your Avalon Guide User ID be the same as your user name for such Third Party Website or service.
      • 8.2.2 You shall provide Avalon Guide with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Avalon Guide Account.
      • 8.2.3 You represent that you shall not: (a) Select or use as a Avalon Guide User ID a name of another person with the intent to impersonate that person; or (b) Use as a Avalon Guide User ID a name subject to any rights of a person other than you without appropriate authorization.
      • 8.2.4 Avalon Guide reserves the right to refuse registration of or to cancel a Avalon Guide Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
  • 9. Reviews - Further correspondence - Rights to User Content
    • 9.1. By completing a booking, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the Avalon Guide App within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity. Each account may only submit one review per activity booked once or multiple times within the same calendar month. Fraud and abuse will be penalized.
    • 9.2. By posting a review, you grant Avalon Guide the full, perpetual, free, transferable and irrevocable rights to all submitted user content. Avalon Guide reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
    • 9.3. You confirm you will comply with these Guest Review Guidelines. In addition, you represent and warrant that
      • 9.3.1. you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the App;
      • 9.3.2. such content is accurate and not misleading; and
      • 9.3.3. use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity.
    • 9.4. Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.
    • 9.5. You further grant Avalon Guide the right to pursue at law any person or entity that violates your or Avalon Guide's rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.
    • 9.6. Content submitted by users will be considered non-confidential and Avalon Guide is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Avalon Guide reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Avalon Guide is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Avalon Guide. Avalon Guide shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Terms of Use on the App for more details.
  • 10. Booking Confirmation, Tickets, Vouchers, Fees and Payment
    • 10.1 Booking Confirmation
      • 10.1.1 Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the Avalon Guide App is solely for reference only. Actual time required for confirmation may vary.
    • 10.2 Purchase and Use of the Vouchers
      • 10.2.1 Through the Avalon Guide App, you may purchase vouchers from Avalon Guide for the Services (“Vouchers”) offered by the Operators in the various destinations. Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase that will contain a Voucher confirmation number (“Confirmation Number”) and a printable version of your Voucher.
      • 10.2.2 In order to use your Voucher, you must appear in person at the meeting point designated by the relevant Operator on time, and present such documents and/or information as may be required by the Operator, that may include your Confirmation Number and/or your printed Voucher. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.
      • 10.2.3 An Operator may also require you to provide an identification document bearing your photo in order to use your Voucher. Neither Avalon Guide nor the Operator is responsible for lost, destroyed or stolen Vouchers or Confirmation Numbers. Vouchers will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Voucher in an unlawful manner (e.g., you attempt to use a Voucher for wine tasting when you are under the legal age to do so), the respective Operator may refuse to accept your Voucher, and no refunds will be granted.
    • 10.3 Terms of the Vouchers
      • 10.3.1 The Terms of Use for each Voucher may vary amongst Operators and any restrictions that apply to the use of such Voucher, including but not limited to a minimum age requirement, will be conveyed to you at the time of purchase on the Avalon Guide App.
      • 10.3.2 Vouchers are admission tickets to one-time events ('Events'): the date(s) on which a Voucher can be used will be stated on the Voucher. If you do not use your Vouchers on or by the date(s) noted on such Vouchers, except as expressly set forth therein, no refunds will be granted.
    • 10.4 Cancelation of Vouchers
      • 10.4.1 You may cancel your Voucher by contacting Avalon Guide customer service within the cancelation period, as stated at the time of purchase on the Avalon Guide App. Cancelation windows vary on a case by case basis. A Voucher canceled with the required notice will be refunded in full to the credit card you used to purchase such Voucher.
      • 10.4.2 The Operator, not Avalon Guide, is the offer or of the Services for the Events, to which the Vouchers correspond to, and is solely responsible for accepting or rejecting any Voucher you purchase, as related to all such Services.
      • 10.4.3 Please directly consult with the Operator if you have any enquiries or complaints in respect of the Service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in the currency stated on the Avalon Guide App at the time prior to purchase.
      • 10.4.4 If an Event which you have purchased a Voucher for is canceled by the Operator, Avalon Guide will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.
    • 10.5 Required Assistance
      • 10.5.1 If you attempt to use a Voucher in accordance with this Terms of Use and the additional terms and conditions applicable to such Voucher and you are unable to do so (due to the fault of the Operator or otherwise), please contact Avalon Guide, and Avalon Guide will try to liaise with the Operator for an appropriate remedy.
    • 10.6 Additional Charges
      • 10.6.1 Avalon Guide reserves the right to require payment of fees or charges for any Services offered by Avalon Guide. You shall pay all applicable fees or charges, as described on the Avalon Guide App in connection with such Services selected by you.
    • 10.7 Modifications to Charges
      • 10.7.1 Avalon Guide reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on the Avalon Guide App. Your use, or continued use, of the Services offered by Avalon Guide following such notification constitutes your acceptance of any new or revised fees or charges.
    • 10.8 Booking Cancellation
      • 10.8.1 Cancellation by you of your booking must be given in writing and receipt must be confirmed by us. The effective date of cancellation is the date we receive your notification.
      • 10.8.2 If you cancel we will endeavor to obtain a replacement booking. If a replacement is obtained, we will refund the money paid by you for the booking you made, less our administration fee as set out in paragraph below.
      • 10.8.3 If you notify us in writing more than 14 days before the tour / holiday start date that you wish to cancel the cancellation charge is 20% of the deposit made. If you notify us 14 days or less before the tour / holiday start date the cancellation charge is 40% of the deposit made.
    • 10.9 Avalon Guide’s Rights and Obligations
      • 10.9.1 Avalon Guide reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at Avalon Guide’s sole discretion.
      • 10.9.2 Avalon Guide intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
      • 10.9.3 Whilst the Operators are required to provide Avalon Guide with accurate and updated prices of the Services on the Avalon Guide App, Avalon Guide cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
  • 9 The above terms and conditions & return policies are applicable to all Avalon Guide users worldwide.

 

  • 11. Privacy Policy
    • 11.1 Privacy Policy
      • 11.1.1 For Avalon Guide’s policy relating to its use of your personal data, please review Avalon Guide’s current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.
  • 12. Indemnity
    • 12.1 Avalon Guide’s Indemnification
      • 12.1.1 You will indemnify and hold Avalon Guide, our affiliates, officers,  and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to the Avalon Guide App, use of the Avalon Guide App, your violation of this Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your Avalon Guide User ID.
    • 12.2 Avalon Guide’s Involvement
      • 12.2.1 Avalon Guide may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Avalon Guide without Avalon Guide’s prior written approval. Avalon Guide reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.
  • 13. Disclaimers and Limitation of Liability
    • 13.1 Parties’ Relationship
      • 13.1.1 Avalon Guide has no special relationship with or fiduciary duty to you for accessing and using the Avalon Guide App and the Content. You acknowledge that Avalon Guide has no control over, and no duty to take any action regarding: (a) Which users gain access to this Avalon Guide App; (b) What content you access via the Avalon Guide App; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take as a result of having been exposed to the Content.
    • 13.2 Services and Comments
      • 13.2.1 You acknowledge and agree that the Operators may offer the Services on the Avalon Guide App, and that suggestions or recommendations may be given by the Operators or Users of the Avalon Guide App. Avalon Guide makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through the Avalon Guide App.
    • 13.3 Exemption of Liability
      • 13.3.1 In no event will Avalon Guide, the Avalon Guide App, or any of Avalon Guide’s affiliates, officers, and employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) This Avalon Guide App; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by you or a third party; or (d) Use of the Avalon Guide App, tools or Services we provide related to the business we operate on the Avalon Guide App by you or any third party; or (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
      • 13.3.2 These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
      • 13.3.3 This Avalon Guide App including all content, software, functions, materials and information made available on or accessed through the Avalon Guide App, is provided on an "as is" basis. To the fullest extent permissible by applicable law, Avalon Guide makes no representations or warranties of any kind, either express or implied, including but not limited to the content on the Avalon Guide App or the materials, information and functions made accessible through the Avalon Guide App, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Avalon Guide App or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
      • 13.3.4 You acknowledge and agree that any transmission to and from the Avalon Guide App is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to Avalon Guide and by posting information on the Avalon Guide App, including tours and/or activities, no confidential, fiduciary, and contractually implied or other relationship is created between you and Avalon Guide other than pursuant to this Terms of Use.
      • 13.3.5 You acknowledge and agree that you will not hold or seek to hold Avalon Guide responsible for the content provided by any Operator or third party and you further acknowledge and agree that Avalon Guide is not a party to any transaction in relation to the Services provided by any Operator or third party. Avalon Guide has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on the Avalon Guide App.
    • 13.4 Remedies
      • 13.4.1 If you are dissatisfied with the Avalon Guide App, do not agree with any part of this Terms of Use, or have any other dispute or claim with or against Avalon Guide or another user of the Avalon Guide App with respect to this Terms of Use or this Avalon Guide App, your sole and exclusive remedy against Avalon Guide is to discontinue use of the Avalon Guide App.
      • 13.4.2 In any event, to the fullest extent permissible by the applicable law, Avalon Guide’s liability, and the liability of any member of Avalon Guide, to you or any third party in any circumstance arising out of or in connection with the Avalon Guide App is limited to the greater of: (a) The amount of fees you paid to Avalon Guide in the twelve months prior to the action giving rise to liability; or (b)  Dollars 500.00 in the aggregate for all claims.
  • 14. Interaction with Third Parties
    • 14.1 Links to Third Party Websites
      • 14.1.1 This Avalon Guide App may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Avalon Guide, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by Avalon Guide of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
      • 14.1.2 When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use.
      • 14.1.3 Avalon Guide has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Avalon Guide will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold Avalon Guide harmless from any and all liability arising from your use of any Third Party Website.
      • 14.1.4 Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
      • 14.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
    • 14.2 Avalon Guide’s Responsibility
      • 14.2.1 You agree that Avalon Guide shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Avalon Guide is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Avalon Guide, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
  • 15. Termination
    • 15.1 Termination by Avalon Guide
      • 15.1.1 This Terms of Use shall remain in full force and effect while you use Avalon Guide App or the Services. Avalon Guide may terminate or suspend your access to the Services or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. Avalon Guide may also terminate or suspend any and all Services and access to the Avalon Guide App immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.
    • 15.2 Effects of Termination
      • 15.2.1 Upon termination of your Avalon Guide Account, your right to use the Services, access the Avalon Guide App, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
      • 15.2.2 If this Terms of Use is terminated as a result of your breach, Avalon Guide reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you.
  • 16. Passports, Visas, Documents, Licenses & Insurances
    • 16.1 Your Responsibilities
      • 16.1.1 It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
      • 16.1.2 As visa and health requirements are subject to changes without notice, Avalon Guide recommends that you verify health and visa requirements with the appropriate consulate prior to departure.
      • 16.1.3 You acknowledge that some Operators may require you to adhere to local policies and furnish the necessary documents and/or licenses as a prerequisite to using and/or participating in the Services they offer.
      • 16.1.4 Avalon Guide strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.
  • 17. Governing Law
    • 17.1 This Terms of Use shall be governed by the laws of United Republic of Tanzania.
  • 18. Miscellaneous
    • 18.1 Severability
      • 18.1.1 If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.
    • 18.2 Assignment
      • 18.2.1 This Terms of Use is not assignable, transferable or sub-licensable by you except with Avalon Guide’s prior written consent. Avalon Guide may transfer, assign or delegate this Terms of Use and its rights and obligations without prior notice to you.
    • 18.3 The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail.
  • Force Majeure
    • 1 We shall not be liable for any failure to perform any obligations under these Terms &Conditions, if the performance is prevented, hindered or delayed by a Force Majeure event and in such case its obligations shall be suspended for as long as the Force Majeure event continues.
    • 2 For the purpose of this clause “Force Majeure Event” shall mean any event arising due to any cause beyond the reasonable control of Avalon Guide.
  • 20. Contact
    • 20.1 Please contact Avalon Guide at Avalon Guide to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service.

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