Last updated: 15/11/2020
1.1 The Traveller T&C’s are a binding contract between Abridiva UK Ltd and the Traveller.
The operations of Abridiva in Europe are managed by Abridiva UK Limited, of 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UK, UK (“Abridiva” “we” “our” “us”). Abridiva provides an on-line platform and various tools, services, and functions which enable property owners to list property and travellers to book such property (together the “Services”). Services are provided via country specific URL’s, including, through the site www.Abridiva.com or Abridiva’s platforms or systems, and also via mobile applications (for mobile phone, tablet and other devices or interfaces) (collectively, the “Site“).
1.2 These terms and conditions (the “Traveller T&Cs”) govern the relationship between Abridiva and any individual using or accessing the Site and any of the content or services available through it as a traveller or potential traveller, and who is not using it in his/her/its capacity as a property owner or property manager (each, a “Traveller” or “you”). Travellers include people who use the Site to access information about and to book properties, whether for business or leisure purposes, from property owners or property managers.
1.3 A Traveller’s booking through or use of a Abridiva site is governed by the terms and conditions on the Abridiva site through which the booking is finalised (and not necessarily the Abridiva site on which the Property was originally listed). If there are any conflicts between the terms and conditions of the Abridiva site you found the Property on and the terms and conditions of the Abridiva site you finalise a booking through, the terms and conditions of the Abridiva site where the booking is finalised will govern and prevail. If you do not fully agree to the Traveller T&Cs, you are not authorised to access or otherwise use the Site.
1.4 Abridiva does not authorise anyone to register with this Site unless they are able to enter into legally binding contracts. As a consequence, the Services may only be used by persons aged 18 and over.
1.5 Some sections or functionality of the Site may be restricted to those Travellers who have created an account with us and are logged into that account. Abridiva may allow Travellers to use compatible third party authentication providers to log in or register on Abridiva, rather than using an email and password. Regardless of how Traveller logs in, Traveller is responsible for all activities that take place under its account and must safeguard the account password. Traveller will immediately notify Abridiva of any unauthorized use of Traveller’s account.
1.6 Abridiva may revise these Traveller T&Cs from time to time for reasons such as a technical development, a change in business operations, new or amended or discontinued products or features, or due to a change in applicable laws. You will be provided with 30 days’ notice in advance of any changes to any of the terms of these Traveller T&Cs or our decision to terminate these Traveller T&Cs. We will inform you of such changes or termination via the email address you provided to Abridiva. You should visit this page periodically to view the most current Traveller T&Cs because they are binding on you.
2. The Basics
2.1 This Site is a place where Travellers can view listings of, and obtain information about, properties offered for rent (“Properties”) by others, including property owners, lessees and managers, (each, a “Partner” and collectively with a Traveller, the “users”). We may also offer other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions with each other.
2.2 The Site acts only as a venue for users to interact with each other. Rental contracts are concluded only between the Traveller and the Partner. Abridiva is not, and does not become, a party to any contractual relationship between the Traveller and the Partner and in its webhosting status it is not obliged to mediate between the Traveller and the Partner in the event of any dispute arising between them. You acknowledge and agree that the Traveller and the Partner will be responsible for performing the obligations of any such agreements, between the Traveller and the Partner, that Abridiva is not a party to such agreements, is not acting as an agent on behalf of Partners and disclaims all liability arising from any such agreements even if the Site facilitates a booking for a Property or the use of other tools, services or products, as Abridiva is not a party to any rental or other agreement between Travellers and Partners, and the Partners are not considered as Abridiva’s service providers Abridiva is not an organiser or retailer of travel packages under Directive (EU) 2015/2302.
2.3 Partners may be either individual property owners acting on a consumer to consumer basis, or property managers operating on a business to consumer basis. If you enter into a rental agreement with an individual property owner on a consumer to consumer basis, please be aware that consumer law will not apply in relation to your contract with the individual property owner. The Partner is solely responsible for determining whether or not they are operating as a consumer or a business and for any representations they make to Travellers with respect to their status.
2.4 Travellers are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into either on the Site or in connection with their use of the Site. Travellers should please note that Partners are responsible for and agree to abide by all laws, rules and regulations applicable to the listing and rental of their Property and to the conduct of their rental property business. Please be aware that, even though we are not a party to any rental transaction and, to the extent permitted by law, assume no liability for legal or regulatory compliance pertaining to any Property Listed on the Site, there may be circumstances where we are nevertheless obligated to provide information relating to any listing in order to comply with governmental or regulatory bodies investigations, litigation or
Traveller Service Fee
2.5 Abridiva charges a service fee payable by Travellers who book a Property on the Site via the Site checkout (the “Service Fee”). The service fee covers the use of the Site, including such features as 24/7 support, and is calculated as a percentage of the total rental amount (which may include additional fees and damage deposits charged by the Partner). Depending on the laws of the jurisdiction where the Traveller and/or Partner resides, the service fee may be subject to (or may include) VAT, Stay Taxes (as detailed in section 2.8), or any other equivalent indirect taxes that are applicable. Partners agree not to encourage or advise a Traveller to avoid or circumvent the service fee charged by Abridiva, and Traveller agrees not to avoid or circumvent the service fee.
2.6 Abridiva may be required to collect and remit taxes (inclusive of VAT, sales taxes, or other equivalent taxes) on the Service Fee. Where required, Abridiva will provide the Traveller with an invoice stating the amount of taxes charged on such Service Fee. If the Traveller is entitled to an exemption from indirect taxes or their equivalent on the Service Fee, it must provide Abridiva with required documentation and support for such exemption.
2.7 If the Traveller is a business traveller that is VAT registered or an employee of a company that will reimburse VAT charged, it must provide Abridiva with the valid VAT number and its related billing address, in order for Abridiva to apply the reverse charge mechanism, where applicable, to the Service Fee. If the Traveller has a billing address in the UK, the reverse charge mechanism is not applicable, and a UK VAT charge will apply.
2.8 Collection and remittance of the Stay Tax: Travellers are liable for the payment of Stay Tax (as defined below). The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Rental Amount set by Partners, a set amount per day, amount based on number of guests, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Stay Taxes“). In certain jurisdictions, such as France, only Travellers aged 18 and over are liable for the payment of Stay Tax. Other exceptions to the payment of the Stay Tax might apply, in such event the Traveller shall claim a refund to the relevant local authority in charge of collecting the Stay Tax. In certain jurisdictions, where the law authorizes this, Abridiva may directly collect and remit the Stay Tax on behalf of the Partners. In such case, the Partners will have no action to take regarding the collection from the Travellers and the remittance to the city of this Stay Tax. In any jurisdictions in which such process will be implemented, Partner hereby instructs and authorizes Abridiva to collect the Stay Tax from the Travellers on their behalf and to proceed to the relevant tax filing requirements before the City, including its remittance. In application of Law 2017-1775 dated as of 28th December 2017, Stay Tax in France will be progressively collected by Abridiva in relation to bookings made for vacation rentals located in all French cities having implemented a stay tax (“taxe de séjour au réel”) collection and remittance.
2.9 The Site is made up of Property Listings provided by Partners and content from other third parties. Such content is the responsibility of the Partner or third party creator of the content. To the extent permitted by law, we have no responsibility for such content as we are merely providing access to the content as a service to you and providing you with the facility to communicate directly with the Partner to enquire about a Property and make bookings with the Partner for the rental of such Property. All bookings you make are made directly with the Partner and your contract will be only with the Partner. Any such contract will govern your right to occupy and use the Property and may contain obligations to pay additional fees and taxes. Abridiva is not a party to any such contract and, to the extent permitted by law, Abridiva has no liability to you for the Partner’s provision of the Property. In our webhosting status, we do not endorse, support, represent or guarantee the truthfulness,
accuracy or reliability of any information in the Listings on the Site or any opinions/content posted by third parties. Further to clause 10, and in application of the webhosting status, Abridiva will remove the content if it becomes aware or is put on notice that the content is illegal.
3. Property Listings and Interaction with Partners
3.1 Please note that Partners are entirely responsible for all of the information, including images, text and other content, relating to the Properties they offer (“Listings”), for updating them and ensuring (where relevant) that they are correctly translated.
3.2 If a Traveller finds a Property of interest, an information request can be sent to the Partner (an “Enquiry” or “Enquiries”). We may offer different email newsletters from time to time intended to enhance the services we offer. Travellers have the choice whether or not to receive marketing email communications from Abridiva, and may cancel their subscription to these email newsletters at any time through the Communications Preference Centre, although it may take a short while for the changes in preferences to become effective.
3.3 The Traveller will receive a confirmation from Abridiva once an Enquiry has been sent to the Partner.
3.4 The Partner may then communicate with the Traveller directly in connection with the Enquiry and Travellers and Partners may also communicate with each other via the Site (and via other tools on the Abridiva platform).
3.5 Where a Partner has enabled online bookings, Traveller will be able to make a booking online, which shall be approved or declined by the Partner within 24 hours, except in the case where the Partner has authorized instant booking. For online payment, a Traveller whose booking was confirmed by the Partner will be able to pay with their credit card or other alternative forms of payment where available through the checkout. Online credit card payments are processed through the payments gateway offered by either (1) our third party payment providers; (2) Abridiva Payments (supported by a third party payment service
provider); or (3) in the case of some integrated Partners, by their own third party payment providers.
The online payment service is subject to the terms and conditions of the third party payment providers and/or, in the case of Abridiva Payments, the Accommodation Fee Collection Agreement and Traveller agrees and acknowledges that (with exception of Abridiva Payments’ obligations pursuant to the Accommodation Collection Fee Agreement) Abridiva has no control over or any responsibility for this service.
3.6 Partners who accept credit card, banking or other payment information from travellers have provided undertakings to properly handle and safeguard all such information in
accordance with applicable legal and regulatory requirements and best practices.
3.7 Communications between Travellers and Partners using the Abridiva platform must not include email addresses or phone numbers. Please be aware that any communication on the
Site (or through any tools provided on the Site such as the Abridiva platform) are available for review by the Traveller and the Partner who are a party to the communications and for viewing by Abridiva employees and representatives in order to comply with its obligations due to its webhosting status and to monitor for educating Travellers and Partners on how to use the Abridiva platform correctly, identification of potential frauds, and ensuring compliance with the Traveller T&Cs. Abridiva keeps a copy of all e-mails sent and received through that service.
3.8 Partners and Travellers are solely responsible for the content of their communications between each other.
4. Ranking and Appearance in Search Results
Abridiva cannot guarantee that any Listing will appear in any specific order in search results on a Site. Search order will fluctuate automatically depending on filters used by travellers, traveller preferences, as well as Partners’ “Ranking” which may consist of the
attributes of the property and the quality of the experience provided. Attributes of a property are evaluated based on a variety of factors such as traveller feedback, amenities and the location of a property. The quality of the experience is based on a variety of factors such as calendar accuracy, Partner response times and booking acceptance, online booking and online payments capability, rate consistency, Partner cancellation rate and quality stay experience. A Listing’s search position may also be impacted by participating in the Boost program, which allows some partners to use ‘power-ups’ awarded under the program to improve their Listing’s search position. If a listing is placed on a subscription basis, search results may also vary depending on the search criteria used by a particular Traveller. Certain new listings may be displayed in specific slots on the first page. Abridiva reserves the right to apply automatically various search algorithms or to use methods to optimize Ranking results for particular Travellers’ experiences and the overall marketplace. Listings distributed on third party sites are not guaranteed to display on such third party site in any particular order or at all. Search results and order may appear different on Abridiva’s mobile application than they appear on its website. To optimize the search experience for both Partners and Travellers and improve the Ranking Process, Abridiva retains the right to run occasional tests that will be limited in duration but may alter how we display Listings and search results.
5. Registration and establishing an Account
5.1 Should Travellers wish to use all services available to them on the Site, they must register with the Site. Abridiva does not authorise anyone to register with the Site unless they are able to enter into legally binding contracts. As a result of successfully completing the registration process, the Traveller obtains a user account for the Site (an “Account”).
5.2 To obtain an Account, a Traveller must follow all the instructions given by Abridiva during the registration process. A Traveller can sign up for an Account using a personal email address or alternatively can sign up using the email address and name used for those third party authentication providers compatible with Abridiva registration.
5.3 The Traveller’s Account includes information which may be made publicly available to other users of the Site. An Account includes, amongst other things:
5.4 Tax regulations may require us to collect appropriate Tax information from Travellers. Traveller is responsible to ensure all information provided is accurate, complete and kept up-to-date.
6. Rights and obligations of Abridiva
6.1 Abridiva will endeavour to reproduce accurately on the Site any photographs supplied by Partner. However, Traveller acknowledges that deviations from original photos can occur when scanning non-digital images, due to individual screen settings and that Abridiva shall have no responsibility or liability for any such deviation.
6.2 Further, you also acknowledge that Partners and not Abridiva (to the extent permitted by law) are responsible for the accuracy with which the photos and descriptions depict the relevant Property.
6.3 User verification on the Internet is difficult and we cannot, and do not assume any responsibility for the confirmation of each user’s purported identity. We encourage Travellers and Partners to communicate directly with each other through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage Travellers to take other reasonable measures to assure yourself of the Partners identity and of the property and relevant details of your booking or proposed booking. You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorised users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorised person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorised person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorised access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request. We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed and that Abridiva will have no liability to you in any such event.
6.4 You acknowledge that Abridiva is not responsible for checking the identity, or for the behaviour, of Partners or for establishing the nature, condition or existence of a Property.
6.5 Abridiva may where necessary (including to prevent fraudulent behaviour of a third party and in the event of a complaint, claim or potential litigation) disclose a proportionate portion of Traveller`s personal information to any relevant Third Party who has requested such information in formal writing via his legal representative, a competent authority, or through a court order, subpoena, or warrant.
6.6 Abridiva reserves the right to transfer these Traveller T&Cs, and to assign or subcontract any or all of its rights and obligations under these Traveller T&Cs, to a third party or to any other entity belonging to the Abridiva Group, but will not do so in such a way as to reduce any guarantees you are given under these Traveller T&Cs.
7. Intellectual Property
7.1 All content that appears on the Site is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
7.2 Travellers are permitted to download, display or print individual pages of the Site to evidence any agreement with Abridiva and to retain a copy of their bookings. The relevant file or the relevant printout must clearly bear the text “© 2020 Abridiva.com, ltd – All rights reserved”.
7.3 Where a Traveller submits to or transmits through the Site (or Abridiva’s platform or systems) any content of any type, including text or images, the Traveller undertakes that he/she has the legal rights to do so.
7.4 To the extent that Travellers’ reviews or other content may contain trademarks or other proprietary names or marks, Travellers undertake that they have the right to use such names or marks.
7.5 By submitting Content to the Site, the Traveller, although retaining all their ownership rights in the Content, grants Abridiva and their affiliates and affiliated companies, for the duration of the legal protection of rights in the Content, and progressively for the duration of their publication on the Site or other media pursuant to this agreement, a non-exclusive, worldwide license of their intellectual property rights, including but not limited to copyright and trademark rights, in the Content for the Authorised Purposes as defined and set forth below. To the extent applicable and permitted by law, Traveller waives moral rights or grants a non-exclusive, royalty-free, transferable, and irrevocable license to Abridiva Group to use Traveller’s moral rights in any Content.
i) “Content” means all text, descriptions, reviews, photographs, images and any other content that the Traveller submits to the Site.
ii) “Rights granted” consist of the following: a non-exclusive, royalty-free, transferable, irrevocable license for the duration of their publication of Content on the Site or other media pursuant to this agreement, to reproduce, translate, distribute, publish, publicly display and perform the Content worldwide.
iii) “Authorized Purposes” consist of reproducing, translating, distributing, publishing, publicly displaying, and performing the Content on the Site, on the websites, and in the marketing materials and efforts of Abridiva, and their affiliates and affiliated companies for the purposes of listing, promoting, and marketing the Property themselves and on third parties’ websites, and supporting the fulfilment of the any agreements between Abridiva, and/or their affiliates or affiliated companies.
8. Travellers’ Accounts, Communications and Reviews
8.1 Travellers must provide only accurate and truthful information concerning their identity, including country of residence, in their Accounts and profile pages, and any other communications on the Site, including reviews of Properties.
8.2 Messages sent via Abridiva’s systems should only relate to genuine booking Enquiries. We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Abridiva’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user. E-mails and Site recommendations transmitted via the “Recommend this Site” function should only be sent with the recipient’s consent.
8.3 Travellers who have booked through the Site may post their reviews of Partners’ Properties (“Traveller Reviews”) on the Site. The Partner is given the opportunity to view Traveller Reviews, and to respond to them. More detail about Traveller Reviews and Partner Reviews is available here. Partners will also be given the opportunity to rate the Traveller’s stay (“Partner Review(s)”) and that Partner Reviews will be made available to Partners who you make contact with. Partner Reviews cannot be used to exclude or discriminate against individuals. Once either the Traveller or Partner submit a review, the other has 14 days to submit a review. In application of the webhosting status, Abridiva shall remove the Content if it becomes aware or is put on notice that the Content is illegal. Further, after prior notice provided to the Traveller, Abridiva may decline to post Contents or may remove any Content that do not comply with Content Guidelines. Travellers may appeal the decision to remove any Content by contacting Customer Service.
Abridiva otherwise expressly disclaims any liability for any Traveller or Partner Review, subject to its obligations pursuant to its webhosting status (for instance, deletion of content notified as being illegal). Traveller acknowledges and agrees Abridiva may make such Partner Review available to other Partners who the Traveller contacts through the Site. More detail as to the Partner Review process is available here.
8.4 Please note that Abridiva does not, and realistically does not have the ability to verify the accuracy or otherwise of Traveller Reviews, Partner Responses or Partner Reviews.
8.5 Abridiva nevertheless requires all Traveller Reviews, Partner Responses, Partner Reviews and other communications using Abridiva’s systems to conform to the Content Guidelines, and may decline to post any of them that do not comply. Abridiva will not edit or otherwise modify reviews on a Traveller or Partner’s behalf. A Traveller or Partner may contact Customer Service to remove their published review. Abridiva will first notify the user of the reasons why the content has not been displayed or has been removed from the website and the user may send his comments to Abridiva, if any. Travellers may appeal the decision to remove any Content by contacting Customer Service.
Traveller agrees to comply with any applicable export and/or embargo laws. Further, the Traveller holds that they are not on the US Government list of prohibited parties and represents that they are of the applicable legal age to contract with Abridiva.
8.6 Abridiva does not generally conduct identity checks. If Travellers suspect that the Partner has supplied false information, they are invited to notify Abridiva through the Help page.
The Traveller shall not directly or indirectly:
10. Right to delete content
Travellers are responsible for ensuring that their communications, and content posted, through or in connection with the Site, including Traveller Reviews and communications with Partners, do not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything libellous, slanderous or defamatory, anything that infringes copyright, data protection law or the Content Guidelines. Abridiva may review any data on the Site or Abridiva’s platform or systems and delete it or alter it when it is no longer accurate or up-to-date. Without prejudice to any other available remedies, Abridiva shall be entitled immediately to remove from the Site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account, without prejudice to Abridiva’s obligations in application of its webhosting status. The user will be promptly notified of the reasons why those measures have been taken and he may send any comments to Abridiva.
11. Notifications of Infringement of Intellectual Property
11.1 Abridiva Group respects the intellectual property rights of others and expects Travellers to do the same. Abridiva has and enforces a policy of not permitting users to post any materials that infringe the copyrights or trademark rights of others, and under appropriate circumstances Abridiva will terminate the account of subscribers and account holders who are repeat infringers. Repeat postings of infringing material are cause for termination of service.
11.2 Copyright Claims. Pursuant to the Digital Millennium Copyright Act (in the US), the E-Commerce Directive (in the EU), and similar laws relating to copyrighted online content, if you believe your copyrighted work is being infringed on or through the Site, please complete and submit a written Abridiva Copyright Infringement Complaint Form (the “Notice”) to Abridiva’s Copyright Department firstname.lastname@example.org. Upon receipt of a Notice, Abridiva will take appropriate action, including removal of the challenged material from the Site and/or termination of the account of the Abridiva user in appropriate circumstances.
Please include in the Notice:
11.3 Trademark Claims. If you believe the Site or a Listing is infringing or misusing your Trademark, please complete a written Abridiva Trademark Misuse Complaint Form
and deliver it to Abridiva’s Copyright Department email@example.com.. Upon receipt of a Notice, Abridiva will take appropriate action, including informing the Partner that posted the allegedly infringing use of the Complaint with a request to consider and respond to the Complaint, removal of clearly infringing designations from the listing or Site and/or termination of the account of the Abridiva user in appropriate circumstances.
Please include in the Notice:
(1) Identification of the Trademark claimed to have been infringed.
(2) Identification of the Site or listings on which the Trademark is allegedly being misused.
(3) Your contact information, including your name, address, telephone number, and, if
available, an email address at which you may be contacted.
(4) The following statement: I have a good faith belief that use of the above
designation in the manner complained of is not authorized nor permissible.
(5) The following statement: The information in this Notice is accurate, and, under penalty of perjury, I declare that (choose one) (i) I am the owner or (ii) I am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
(6) And a physical or electronic signature of a person authorized to act on behalf of
the owner of the exclusive right that is allegedly being infringed.
11.4 Patent Notices. One or more patents owned by the Abridiva Companie may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents. Other patents pending.
12. Liability of Abridiva
12.1 The Site is merely a venue allowing you to view Properties listed on the Site, communicate with Partners in respect of any queries or questions you may have, or to make a booking with a Partner for the rental of a Property. To the extent permitted by law we accept no liability in relation to any contract you enter into with a Partner or for any Property you book, except to the extent that we collect tax information and/or Stay taxes on the Partner’s behalf, nor do we, to the extent permitted by law, accept liability for the acts or omissions of any Partners or other person(s) or party(ies) connected with the Property. For all Properties, your contract will be with the Partner and their terms and conditions will apply to your booking. These terms and conditions may limit and/or exclude their liability to you and you are advised to read them carefully before making a booking.
12.2 We do not provide liability insurance protection for Partners, property managers, or Travellers; regardless of whether a user obtains insurance coverage through one of our third party providers. Travellers are advised to obtain suitable travel insurance to cover their booking for the Property from a Partner, including in the event they have to cancel their booking. It is the Traveller’s responsibility to ensure that the insurance it purchases is adequate and appropriate for the Traveller’s particular needs.
12.3 As a consumer you have certain rights (including that, for services, we will provide them using reasonable care and skill). Nothing in these Traveller T&Cs will affect your legal rights. For details information on your legal rights please visit the Citizens Advice Website www.adviceguide.org.uk or call 0345 404 05 06.
12.4 Abridiva, as hosting provider, will be liable in the event of Abridiva’s fault. Abridiva is liable for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but, to the extent permitted by law, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time these terms were entered into, both we and you knew it might happen, for example if you discussed it with us.
12.5 To the extent permitted by law Abridiva will not be liable, in case of any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, notably including reasonable legal fees, (“Claims”), brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; (c) any breach by you of these Traveller T&Cs; or (d) your use of the Property. Abridiva will promptly provide notice to you of any such Claims. If you are dissatisfied with the Site (or the Abridiva platform or systems) or you do not agree with any part of these Traveller T&Cs, then your sole and exclusive remedy against Abridiva is to discontinue using the Site. Nothing in these Traveller T&Cs shall exclude or restrict Abridiva Group’s liability for death or personal injury resulting from its negligence; nor for Abridiva Group’s fraud or fraudulent misrepresentation.
12.6 Refunds will be processed immediately, however the timing to receive any refund will vary based on the payment method and any applicable payment system. Refunds are processed in the currency of the original payment. Any currency conversion will be done by the relevant bank using their current exchange rate which may be different to the exchange rate used when you originally paid. In addition, bank charges incurred by the Traveller during the booking process or as part of the refund process may be deducted by the bank from the refunded amount and in such cases will not be refunded by Abridiva.
13.1 These Traveller T&Cs shall be governed by the laws of England and Wales and subject to the non-exclusive jurisdiction of the English courts, without prejudice to the applicable law and jurisdiction of the courts where the Traveller is resident (should the Traveller be a consumer). By way of illustration, mandatory provisions of French Law will apply and French courts will have jurisdiction for Travellers who are residents in France.
13.2 Abridiva recommends that you save your own copy of these Traveller T&Cs in a separate file on your device or in print-out form.
13.3 Abridiva’s failure to act with respect to a breach of these Traveller T&Cs by the Traveller or others does not waive Abridiva’s right to act with respect to subsequent or similar breaches.
13.4 The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Traveller T&Cs.
13.5 In the event of a dispute between You and Abridiva, You may use a conventional mediation procedure or any other alternative dispute resolution method as defined by law. You can access the platform Resolver Online Dispute Platform (ODR) at https://www.resolver.co.uk. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
Alternatively, you can also submit Your disputes with Abridiva to the European Commission platform for online dispute resolution accessible at http://ec.europa.eu/odr