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TERMS AND CONDITIONS

General Terms & Conditions

The Favoroute platform and associated services are provided by Favoroute B.V. The contents of the website www.favoroute.com are managed by Favoroute B.V. The use of the Favoroute platform and all associated services are for personal non-commercial use.

1. Applicability

By accessing or using the Favoroute platform and associated services you acknowledge that you have read, understood and agree to be bound by the general terms and conditions set out in this document. No other general terms and conditions than the general terms and conditions set out in this document shall apply.

Favoroute, from time to time, may engage in promotional activities with Business Partners or third parties. The general terms and conditions contained in this document will apply so far as they are consistent with the terms and conditions, if any, used in the promotion.

2. Definitions

"Account" means the password protected profile created by the User and Travel Designers to access the Favoroute Platform.

"Business Partners" means third parties engaged or in collaboration with Favoroute for advertising, sales, purchase or other such similar activities.

"Content" means (i) the personal travel guide(s) published on or through the Platform by the Travel Designers, and (ii) any content published or provided through the platform.

"Favoroute" means Favoroute B.V. a limited liability company established at Singel 542, 1017AZ in Amsterdam.

"Purchase Price" means the amount payable by the User to Favoroute as consideration for the purchase of Content accessed through the Platform.

"Platform" means the online marketplace available through www.favoroute.com which facilitates the sale and purchase of Content between the Travel Designers and the User.

"Services" means (i) the use of the Platform to upload or download Content; and (ii) any and all other advantages as described on the Website, the Platform, or through any authorised third party.

"User" means the costumer who purchases Content through the Platform and/or posts information on the Platform.

"Travel Designer" means a party contracted by Favoroute to provide Content by uploading this Content on the Platform.

"Website" means www.favoroute.com.

3. The Favoroute Platform

Favoroute provides an online platform which facilitates Travel Designers to advertise their Content for purchase by the User. Favoroute only facilitates this platform and these transactions. Favoroute is not in any way responsible for the Content. Favoroute does not create the Content sold on the Platform but may edit, amend or add information to the Content where necessary. The User and Travel Designer are solely responsible for their interaction through the Platform and any legal consequences thereof. Favoroute is not in any way responsible for damage, loss or legal claim that may result from this interaction.

Use of the Platform

The User agrees that the use of the Platform is at their sole risk. The Platform may contain errors and is available on an "as is" basis. Favoroute does not guarantee the accuracy of the Content provided through the Platform.

No Warrenty

Favoroute does not expressly, implicitly or by statue provide any guarantee or warranty for the use of the Platform or associated Services. Without limiting the extent to which this applies, Favoroute does not warrant that the Platform will meet the User's expectations including that the Platform will provide uninterrupted use, that the Platform will be free from errors or that the Platform is compatible with future products or services.

Evolving Platform

Changes may be made, without notice, to the Website, Platform and Services provided by Favoroute. Favoroute reserves the right to change, suspend, remove, or disable, without notice, any part of the Platform. Favoroute may impose limits on the use of or access to certain parts of the Platform or Services. The User agrees that in no circumstance Favoroute will be liable for damages arising from the removal, disabling, or limiting access to any part of the Platform or Content.

4. Using the Favoroute Platform

General Account

Prospective Travel Designers and the User require an Account to access the Platform. Acceptance of these Accounts is at Favoroute's sole discretion. The User warrants in relation to this Account that:

  • login details used to access the Account and Platform are kept private and are not shared, in any circumstances, with any other party, following the privacy policy.
  • the information provided to Favoroute, pursuant to this Account, is correct and complete.
  • if information has changed or become incorrect that the User will promptly inform Favoroute and amend the information.

5. Content and Use Policy

The Platform may only be used for lawful purposes. The User agrees not to:

  • publish, post, distribute or disseminate defamatory, obscene, indecent or unlawful material or information, including any material or information which infringes any intellectual property rights, or any other rights of third parties.
  • threaten, abuse, disrupt or otherwise violate the rights, including privacy rights of others.
  • otherwise engage in illegal or unlawful activities through the Services or the Platform.
  • upload files that contain viruses, worms, Trojans, corrupt data or similar harmful activities.

The User agrees to abide by all Favoroute's policies including the privacy policy as posted by Favoroute on the Website.

6. Advertisement

Favoroute is entitled to post third party advertisements in the Content, on the Website, or on the Platform.

7. Purchase

The User purchasing Content from the Platform agrees to immediately pay, in the specified currency, the Purchase Price listed on the Platform. The Purchase Price will be inclusive of VAT. The purchasing User is responsible for any additional tax as may be required by federal, provincial or local legislation. The User is not entitled to download the selected Content until receipt of the Purchase Price by Favoroute.

8. Payment

There are a number of payment methods provided through the Platform such as but not limited to App Store, Google Play and Mollie. Where payment methods are provided by third parties such as these, the third party terms and conditions must be complied with by the User. Favoroute is not liable for damages arising from the use of any third party payment system available on the Website.

9. Intellectual Property

Unless otherwise indicated, all rights to this website and any information on it, including copyrights and other intellectual property rights, are owned by Favoroute.

The User is permitted to read the Favoroute website and the information on it and make copies for their own personal use, for example by printing or storing it. All other use of the Favoroute website and the information on it, for example the storage or reproduction of (a part of) the website of Favoroute in any external internet site or the creation of links, hypertext links or deeplinks between the Favoroute website any other internet site, is prohibited without the express written consent of Favoroute.

As far as the User is permitted to interact with the Platform, the User grants to Favoroute any intellectual property rights that are created by the posting, uploading or interaction with the Platform.

10. Notice and Take Down

Owners of intellectual property rights or other rights can report any Content that may infringe their rights and submit a request for such Content to be removed. After receiving such a request, Favoroute is entitled to remove the respective Content or if this is not possible remove the Account without notice and without incurring liability.

11. Privacy

The User and Travel Designers agree to the terms and conditions of Favoroute's privacy policy as published on the Website. Favoroute's privacy policy does not apply to any collection and processing of your personal data on or through external sites that the Favoroute website links to.

12. Termination

Favoroute is entitled, without notice or incurring any liability, to restrict the User's access and terminate the User's accounts if it receives information that the account has been used in a way that breaches Favoroute's general terms and conditions, privacy policy, general policy (if any) or any relevant provision of Dutch Law.

13. Exclusion of Liability

To the maximum extent permitted under Dutch law, Favoroute shall not be liable for the accuracy, reliability, credibility or completeness of the content of Travel Guides. Favoroute is not liable for any indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues arising from the use of the Platform, Website, associated Services or from transactions between the User and Travel Designers. Within a month after incurring damage the User shall notify Favoroute of its claim. Favoroute's aggregate liability for any claim is limited to EUR 100.

14. Indemnification

The User agrees to indemnify Favoroute and its directors and employees against loss, threatened loss, liabilities, damages, costs and expenses incurred by Favoroute or its directors or employees as a result of the User's breach of these general terms and conditions, Favoroute's privacy policy, general policy or any relevant provision of Dutch Law. This includes, but is not limited to, all claims against Favoroute for published Content that violates or infringes third party intellectual property or proprietary rights.

15. Miscellaneous

Favoroute reserves the right, at any time, to alter these general terms and conditions. If there is a material change to the general terms and conditions, Favoroute may notify the User in advance either through email, notice on the Website or by of any other reasonable method. The User is assumed to have agreed to be bound by the amended version after changes to the general terms and conditions become effective. If the User does not agree to the amended version of the general terms and conditions, the User must actively terminate his or her account and stop using the Platform and associated Services.

If these terms and conditions are or become partially void, the parties will continue to be bound by the remainder of the same. The parties shall replace the void part by provisions that are valid and have legal effect that correspond with those of the void part as much as possible, taking into account the content and the purpose of these terms and conditions.

16. Applicable Law and Forum Selection

This agreement and any non-contractual obligation arising out or in connection with it are governed exclusively by the law of The Netherlands. All disputes arising out of or in connection with these terms and conditions and Favourite's Platform or associated Services will be resolved by the Amsterdam District Court (Rechtbank), The Netherlands.