Terms of Use

Last updated: 10 August 2016

Who are we?

Travelte.ch ( "us", "we" or “our” as the context requires) is a global business providing a travel concierge service to business and leisure travelers throughout the world via our website, and other platforms (chatbots on messaging apps such as Facebook Messenger, Telegram and Skype). We provide the service through the brand “Lewis” and via www.lewis.ai. Travelte.ch is not a travel agent and is not responsible for providing, or for setting or controlling the prices applicable to, any of the travel options or products (such as flights, car hires, theater tickets or hotels) which you may search for, find on and/or book via the platform. All such Third Party Travel Products are provided by independent travel agents, airlines, hotels, tour operators or other third parties and are subject to the terms and conditions imposed by those third parties. Travelte.ch and the Lewis brand are provided by Travelte.ch, a private limited company under incorporation in The Netherlands. These Terms These terms and conditions ("Terms") govern your access to and use of Travelte.ch services, together with our privacy policy, constitute a legal agreement between you and Travelte.ch. By downloading, accessing or otherwise using Travelte.ch and its services, you are confirming that you have read, understood and agreed to these Terms and those of the privacy policy. We may amend these Terms at any time at our discretion. If these Terms are amended, we shall display the revised terms and conditions on or via the Travelte.ch website and you will be deemed to have accepted any amendments if you continue using the Travelte.ch services after the amendments are displayed. If you do not accept all of these Terms then you should not use Travelte.ch or any of its services.

Using Travelte.ch

You may only use Travelte.ch services in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to abide by these Terms, we grant you a non-transferable, non-exclusive license to download, access and use Travelte.ch’s services for your own personal, non-commercial purposes and for no other purpose. In particular, we grant such license to you subject to you agreeing that you shall not: a) use the Travelte.ch services for any purpose that is improper, unlawful, or to post, share or transmit any material that (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity. b) use Travelte.ch services for any commercial purpose or in any manner which may cause damage to Travelte.ch or bring Travelte.ch into disrepute; c) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware contained in or available via Travelte.ch services, except as permitted by law; d) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Travelte.ch services, or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the Travelte.ch services; e) use or interfere with the Travelte.ch services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; f) introduce onto, or transmit via, the Travelte.ch services any disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorization key, license control utility or software lock; g) remove, alter or replace any notices of authorship, trademarks, business names, logos or other designations of origin on the Travelte.ch services or pass off or attempt to pass off Travelte.ch services as the product of anyone other than Travelte.ch; h) use any automated computer program or application to scan, copy, index, sort or otherwise exploit the Travelte.ch services or any part thereof. Travelte.ch services are not intended for children under 13 years of age, and no one under the age of 13 may provide any information to, on or via Travelte.ch services. We do not knowingly collect personal information from children under 13, and if we learn that we have collected or received personal information from a child under 13, we will delete that information in accordance with our privacy policy. To the extent that any element of Travelte.ch services is hosted on a third party website (for example, Facebook or another social media website) and there are separate terms and conditions of use relating to that third party website, you agree to fully comply with such terms and conditions.

Sharing information with us

We take your privacy seriously and operate at all times in accordance with applicable data protection laws. You acknowledge that any personally identifiable information which you submit to or via Travelte.ch services may be used by us in accordance with our privacy policy. You agree to ensure that all personally identifiable information you provide to us is accurate and up to date and that you have obtained all consents, licenses or approvals necessary to enable us to use that information in accordance with these Terms and with our privacy policy. To the extent that the Travelte.ch services allow you to post, upload, transmit or otherwise make available any information, images, video, or other data with Travelte.ch services users (“User Content”), you agree that: a) you are solely responsible for the User Content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share and which you cannot grant the license referred to in paragraph (b) below in respect of; b) although all intellectual property rights subsisting in any User Content will be owned by you or your licensors, you hereby grant Travelte.ch services a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content (excluding personally identifiable information) including for the purposes of advertising and marketing Travelte.ch services; c) we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you shall be responsible for creating backups of any such User Content if necessary. To the extent that you provide us with any suggestions, comments, improvements, ideas or other feedback (“Feedback”), you hereby assign ownership of all intellectual property rights subsisting in that feedback to us and acknowledge that we can use and share such Feedback for any purpose at our discretion.

Travelte.ch's property

Except as set out elsewhere in these Terms, all intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trademarks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Travelte.ch services (together, the "Intellectual Property Rights") are owned by or licensed to Travelte.ch. You acknowledge that by using the Travelte.ch services, you will not acquire any right, title or interest in or to Travelte.ch services or in or to the Intellectual Property Rights except for the limited license to use Travelte.ch services granted to you pursuant to these Terms. You further acknowledge that you have no right to have access to any aspect of the Travelte.ch services in source-code form.

Other people’s property

We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on Travelte.ch services, please send a written notification of such infringement to lex@travelte.ch marked for the attention of our ‘Copyright Inquiry’.

Price accuracy and warranty disclaimer

Your use of the Travelte.ch services is entirely at your own risk. We provide the Travelte.ch services on an ‘as is’ basis and expressly disclaim all warranties, conditions and guarantees of any kind, whether express or implied, including but not limited to, the implied warranties of title, non-infringement, merchantability and accuracy, as well as any warranties implied by usage of trade, course of dealing or course of performance. To the extent permitted by law, we make no representations and do not warrant to you that the Travelte.ch services (a) are accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; or (d) are secure or are free from errors, faults, defects, viruses or malware.

Making travel bookings via Travelte.ch

Travelte.ch is not a travel agent and is not responsible for providing any travel options displayed via the Travelte.ch services or for setting or controlling the prices we display. Any Third Party Travel Products which you find and/or book via the Travelte.ch services are provided by independent travel agents, airlines, hotels, travel operators or other third parties (“Travel Providers”). Travelte.ch facilitates your bookings with Travel Providers but is not responsible and has no liability to you in respect of such bookings. The identity of the relevant Travel Provider and the terms and conditions applicable to your booking with them (“Travel Provider Terms”) will be notified to you at the time of booking and you should ensure that you read and fully understand them before completing your booking. The Travel Provider Terms will set out what rights you have against the Travel Provider and will explain their liability to you in the event of anything going wrong. You agree to comply in full with all applicable Travel Provider Terms. You acknowledge that breaching Travel Provider Terms could result in the cancellation of tickets or reservations, revocation of frequent flier miles and other benefits, and additional charges.

Limitations and exclusions of liability

These Terms set out the full extent of Travelte.ch's obligations and liabilities in respect of the Travelte.ch services. Travelte.ch has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the Travelte.ch services (including, without limitation, any Travel Provider). In the event that you encounter any problems with any booking you make or attempt to make via Travelte.ch, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with Travelte.ch. Where the Travelte.ch services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. You may see advertising material submitted by third parties on the Travelte.ch services. Each individual advertiser is solely responsible for the content of its advertising material and Travelte.ch accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein. To the maximum extent permitted by law, we (together with our affiliates, providers and third parties) do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the Travelte.ch services; or (b) any act of god, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, the Travelte.ch services or any content contained provided therein. Nothing in these Terms shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.

Termination

Travelte.ch may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or by cancelling your membership and your access to your account.

General provisions

These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent. These Terms represent the entire agreement between us and you and supersede and replace all and any previous terms, conditions, agreements and arrangements in respect of your use of the Travelte.ch services. Any failure by us to enforce any of these Terms shall not be considered to be a waiver of them or the right to subsequently enforce any of these Terms. A person who is not a party to these Terms shall have no right to enforce any provision of these Terms. Irrespective of the country from which you access or use the Travelte.ch services, to the extent permitted by law these Terms and your use of the Travelte.ch services shall be governed in accordance with the laws of The Netherlands and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of The Netherlands to resolve any disputes which may arise hereunder.

More Information

If you require further information about Travelte.ch or have any suggestions concerning how to improve the Travelte.ch services, please contact us via lex@travelte.ch.