Last Updated: July 26, 2022
Terms of Service for Consumers
These Terms of Service for Consumers contain the legal terms and conditions that govern your use of the Service as a consumer (“Terms of Service”). By using the Service, you accept and agree to be bound by these Terms of Service. Without accepting these Terms of Service, the consumer cannot make use of the Service.
1. The Service
Whitby Coastal Cruises Limited provides a online
solution (“Service”) through which
consumers may use to obtain, and pay for reservations for our products and services.
2. Relationship between the consumer and Whitby Coastal Cruises Limited
2.1 Upon completing the reservation process and purchase through the Service (“Booking”), the
consumer enters into a direct contractual relationship with Whitby Coastal Cruises Limited.
3. Conditions for making use of the Booking Service
3.1 The following conditions apply when you use of the Service:
(i) you must be at least 16 years old;
(ii) if you are using the Service on behalf of a third party, including as a booking agent or a booking agent’s representative, you must be at least 18 years old;
(iii) in any case, the person making use of the Service must possess the legal authority to enter into binding legal obligations;
(iv) you will only use the Service to make a legitimate booking for yourself or for another person for whom you are legally authorised to represent;
(v) in case the person making use of the Service makes a booking for
another person, they will inform the other persons of the Terms of Service
4. Right to cancel, errors and mistakes
4.1 The Service may contain technical inaccuracies and typographical or other errors in connection with information displayed, including without limitation rates, fees, or availability related to your transaction. Whitby Coastal Cruises Limited assumes no responsibility or liability for such errors, inaccuracies, or omissions. Whitby Coastal Cruises Limited has the right to make changes, corrections or cancellations to such information or reservation, at any time, including after confirmation of a transaction. Whitby Coastal Cruises is not responsible for communication failures, errors, difficulties, or other malfunctions, or lost, stolen or misdirected transactions, transmissions, messages or entries on or in connection with the Service. The Service may not be continuously available due to maintenance or repairs, or due to computer problems, disruptions in Internet service or other unforeseen circumstances.
5. Access and Interference
5.1 You agree that you will not use any robot, spider, scraper or other automated means to access the Service for any purpose without Whitby Coastal Cruises Limited’s express written permission. Additionally, you agree you will not:
(i) take any action that imposes, or may impose in Whitby Coastal Cruises Limited’s sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or
(iii) bypass any measures Whitby Coastal Cruises Limited may use to prevent or restrict access to the Service. Whitby Coastal Cruises Limited retains the right at its sole discretion to deny access to anyone to this Service, at any time and for any reason, including, but not limited to, for violation of these Terms of Service.
6. Intellectual Property Rights
6.1 Whitby Coastal Cruises Limited grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service and the content made available through the Service solely for the purposes it is being made available for. This license does not include any collection and use of any images or third-party content on the Service; any derivative use of the Service or its contents; any downloading or copying of customer or account information for the benefit of a third party; or any use of data mining, robots, scraping or similar data gathering and extraction tools. Except as expressly permitted by these Terms of Service, the Service, or any portion thereof, may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Whitby Coastal Cruises Limited’s express written consent.
6.2 All of the content featured or displayed on the Service, including without limitation, text, graphics, photographs, images, sound, and illustrations (“Content”), is owned by Whitby Coastal Cruises Limited. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Service may only be used for the intended purpose for which such Service is being made available. You are authorised to view, play, print and download copyrighted documents, audio and video found on our Service for personal or informational purposes only. You may not modify any of the materials nor copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Service. The Service, its Content and all related rights shall remain the exclusive property of Whitby Coastal Cruises Limitedor its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Service.
6.3 All trademarks, service marks and trade names of Whitby Coastal Cruises Limited used in the Service (including but not limited to: Whitby Coastal Cruises Limited’s name and logo; the Service’s name, design, and any logos) (collectively “Marks”) are trademarks of Whitby Coastal Cruises Limited. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Service, without Whitby Coastal Cruises Limited’s prior written consent. Whitby Coastal Cruises Limited prohibits the use of the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. The person making use of the Service shall not use Whitby Coastal Cruises Limited’s name or any language, pictures or symbols which could, in Whitby Coastal Cruises Limited’s judgment, imply Whitby Coastal Cruises Limited’s endorsement in any written or oral advertising, presentation, brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
6.4 From time to time, the Service may contain links to websites that are not owned, operated or controlled by Whitby Coastal Cruises Limited. All such links are provided solely as a convenience to the person making use of the Services. If such person uses these links, they will leave the Service. Neither Whitby Coastal Cruises Limited nor any of its respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites.Whitby Coastal Cruises Limited and its affiliates do not endorse, guarantee, or make any representations or warranties regarding any other websites, services, or any other information located or accessible from any other websites or services. If the person making use of the Service decides to access any other websites, this person does so entirely at their own risk.
7. Data Privacy
7.1 Data collection and use, including the collection and use of personally identifiable information, is governed by Whitby Coastal Cruises Limited’s Privacy Policy which is incorporated into and is a part of these Terms of Service.
8. Termination
8.1 Whitby Coastal Cruises Limited may suspend or terminate the use of the Service at any time in case of a breach of the obligations under these Terms of Service by the person making use of the Service.
9. Liability and limitation of the time to bring claims
9.1 Whitby Coastal Cruises Limited does not assume any responsibility for and is not liable for any damages to the computer, equipment or other property of the person making use of the Service caused by or arising from their access to, use of, or browsing of the Service, or their downloading of any information or materials from this Service.
9.2 In no event will Whitby Coastal Cruises Limited, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns be liable to the person making use of the Service or to anyone else for any indirect, punitive, or consequential damages (including but not limited to those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of using the Service (or the materials, information or other content contained on the Service) whether on the basis of contract or on any other legal basis.
9.3 In the event of any problem with the Service, the person making
use of the Service agree that their sole remedy is to cease using the
Service.
9.4 In no event shall Whitby Coastal Cruises Limited’s total liability to the person making use of the Service (whether based on contract or tort or otherwise) exceed in the aggregate the greater of (a) the Booking Fee.
9.5 You agree that any claim or cause of action related to or arising from your use of the Service against Whitby Coastal Cruises Limited must be brought within one week from the date on which such claim or action arose or accrued. Failing to bring a claim or cause of action within the two-year period will lead to the claim being deemed to be irrevocably waived.
10. Waiver of rights to rescind the contract embodied in these Terms of Service
10.1 You agree that Whitby Coastal Cruises Limited shall provide the Service and that after the Service has been provided, the rights to rescind the contract (as embodied in these Terms of Service) is waived.
12. Miscellaneous
12.1 These Terms of Service are governed by the laws of the United Kingdom.
12.2 Disputes arising out of or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the UK Courts.
12.3 If any provision of these Terms of Service is held to be null and void, such provision shall be amended to achieve as closely as possible the effect of the original provision and all other provisions of these Terms of Service will continue in full force and effect.
12.4 These Terms of Service and the Privacy Policy are the entire agreement between the person making use of the Service and Whitby Coastal Cruises Limited and supersede any prior understandings or agreements (written or oral).
12.5 Whitby Coastal Cruises Limited's failure to act with respect to a
breach by the
person making use of the Service or others does not waive Whitby Coastal
Cruises Limited’s right to act with respect to subsequent or similar
breaches.