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Terms and Conditions

The use of and access to pages of this website operated by Citylink is subject to the terms and conditions (“Terms”) set out below. By using or accessing the Website or any part thereof you agree to be bound by the Terms.

1 COPYRIGHT

© Citylink 2009. The copyright in the Website is owned by Citylink and protected by Ireland and International copyright laws. By using or accessing the Website you are entitled to copy any such information for your own personal use but you may not re-publish or re-produce any such information in any manner, including without limitation electronic reproduction by “uploading” or “downloading”, without the prior written consent of Citylink. Any unauthorised downloading, re-transmission or other copying or modification of any of the content of the Website may be in breach of statutory or common law rights which could be the subject of legal action. Citylink disclaim all liability which may result from any unauthorised reproduction or use of the information on the Website. All rights not expressly granted are reserved by Citylink.

2 SECURITY OF PERSONAL DATA – PRIVACY POLICY

Citylink will only use the information that is collected about you lawfully, in accordance with the Data Protection (Amendment) Act 2003.

The details which you provide about yourself and any other information which identifies you (“Personal Information”) will be held by Citylink subject to your express agreement. These details are used for operational purposes, for example producing the tickets or processing payments, and to personalise your shopping experience by using your purchases and browsing activity to make recommendations to you about products and services that we think may be of interest to you.

Your credit card or billing account details are only retained for the purpose of handling an individual transaction, unless you ask us to keep these details for future purchases which you may make through us. Personal Information and payment details may be used by the system to determine automatically the appropriate way to fulfil your order.

In order to process a reservation, your Personal Information and payment details may be passed to third party service providers and, where Citylink is lawfully requested to do so, regulatory authorities (whether you are a registered user or not). Such third party service providers will have access to the Personal Information needed to perform the relevant service. They may not, however, use your Personal Information for any other purpose and are required to process your Personal Information in accordance with the Data Protection (Amendment) Act 2003.

Citylink may use your Personal Information:

for internal audit purposes;

to help improve content of the Website and the service Citylink offers to you;

to inform you of new features, services, products and special offers from Citylink and selected partners



You agree that any successor of Citylink may use your Personal Information on the same basis as Citylink does. Citylink will not disclose your personal details to third parties except as outlined above or in the unlikely event that Citylink required to do so by court order or other legal requirement. Please note that Citylink may transfer your data to persons outside the EEA, but Citylink will only do so in accordance with applicable data protection legislation.

As the Internet is not a secure medium of communication Citylink cannot guarantee the security of any information which you input on the Website. Citylink is not and will not be responsible for any damages you may suffer as a result of the loss of confidentiality of any such information.

Despite the non-secure nature of the Internet, Citylink takes your privacy seriously and is committed to safeguarding your privacy.

Use of Cookies

Citylink use “cookies” to identify you upon your visit to the Website but only to determine whether (1) you have previously visited the Website; and/or (2) these Terms have been previously accepted by you; and/or (3) you are registered with Citylink and wish to by-pass the registration process.

A “cookie” is a software device which identifies you as noted above each time you return to the Website and allows Citylink to build up a demographic profile of you in order to provide a personalised service.

The Website will still operate if you wish to prevent the use of “cookies” but in such circumstances it is your responsibility to disable the “cookies”.

Security

The Website has been designed to protect your privacy and any personal information about you collected by Citylink. Such personal information is protected by industry standard physical and electronic security systems.

Citylink will hold personal information only for as long as is reasonably necessary to provide the most efficient service to you.

3 LIMITATION OF USE

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Website.

4 TRADEMARKS AND TRADE NAMES

Certain names, words, titles, phrases, logos, icons, graphics and designs displayed on the Website constitute trade names and/or registered or unregistered trade marks owned by Citylink. The display of any trade names or registered or unregistered trade marks on the Website does not imply any licence has been granted to any third party in respect of the same. All rights not expressly granted are reserved by Citylink.

You shall not create a hypertext link to the Website or “frame” the Website except with the express advance permission of Citylink.

5 LIABILITY FOR DAMAGES

Citylink shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from the use of or access to or inability to use or access, interruption or availability of the Website, its operation or transmission, computer viruses, loss of data or otherwise in respect of its use or the downloading or use of any software, including pdf files, made available by Citylink on the Website. By using or accessing the Website you shall indemnify Citylink from and against all claims, expenses, losses or liabilities (including professional fees and expenses) in connection with any claim by a third party relating to the use of the software or data or arising from such downloading as referred to above.

Citylink is not responsible for invalid destinations or transmission errors in, corruption of, or the security of information carried over telecommunications carriers’ or other providers’ facilities. Citylink has no liability for faulty or interrupted communication links.

For the avoidance of doubt, Citylink shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from the actions of any third party provider of automated secure payment [and delivery] system.

6 WARRANTIES

Because of the variety of sources from which Citylink obtains the content displayed on the Website (“Content”) including text, graphics, hypertext links or other items, the Content is provided on an “AS IS” basis excluding any warranty whatsoever, expressed or implied, including, but not limited to, warranties of satisfactory quality, fitness for any particular purpose or freedom from computer viruses. Citylink excludes any liability for (i) any errors in or omissions from the Content and (ii) any other websites linked to or from the Website.

Citylink excludes any warranty that the Website will be error free, free of viruses or uninterrupted.

7 NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Website, you warrant to Citylink that you will not use the Website for any purpose that is unlawful or prohibited by the Terms. Citylink may suspend, block or terminate your access to the Website, in its absolute discretion.

8 USE OF TICKET BOOKING

The Website may be used to provide you with travel information, including inter alia journey planning, to assist you in determining the availability of travel-related services; to make reservations; to purchase tickets and for other bona fide purposes. You warrant that you [are at least [18] years of age and] possess the legal authority to enter into a binding contract (including instructing Citylink to collect any payments from a credit card [or billing account]) and to use the Website in accordance with the Terms. You agree to be financially responsible for all of your use of the Website (as well as for use of your account by others). You also warrant that all information supplied by you in using the Website is true and accurate. Without limitation, any speculative, false or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the ticket reservation and purchase facilities accessible via the Website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorised to act. You understand that abuse of the travel services and/or reservation and/or purchase facilities accessible via the Website may result in you being denied access to such facilities.

9 CONTRACT FORMATION

No contract will subsist between you and Citylink for the sale by it to you of any tickets unless and until:

(i) Citylink’s receipt of the purchase price for the tickets via the automated payment system utilised by Citylink, subject always to Citylink reserving the right to amend/correct any prices incorrectly stated on the Website. Such amendments shall only be made in the event of manifest error in respect of the price stated on the Website, and shall be notified to you forthwith. In the event of such price amendment, you shall be entitled to terminate the contract within 28 days of notification by Citylink; and

(ii) if following any price amendment as set out in Condition 9(i) above, Citylink accepts your order by e-mail. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Citylink sends the e-mail to you (whether or not you receive that e-mail).

All bookings are subject to the Terms and Citylink’s standard conditions of carriage (“Conditions of Carriage”). You are strongly advised to read the Conditions of Carriage in addition to the Terms.

The Conditions of Carriage contain limits and exclusions relative to the liability of Citylink in respect of loss caused by breach of contract as well as in respect of loss or damage to luggage and/or its contents.

Any tickets purchased via the Website are in respect of the journey details of which are confirmed to you during the booking/purchase process and/or stated on the face of the ticket only.

When your booking has been confirmed your tickets will be despatched via the method selected when you make your booking or made available for collection from a designated location. It is your responsibility to check the tickets issued to you are accurate before you travel. Citylink is only responsible for tickets issued in accordance with your instructions.

In the event of you wishing to purchase tickets via the Website from a travel service operator other than Citylink, such a purchase shall be governed solely by the terms and conditions of such third party travel service operator. To the maximum extent permitted by law, Citylink disclaims all warranties as to the quality, fitness for purpose, title and non-infringement in respect of any such transaction between you and third party travel service provider. Citylink shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from any transaction between you and a third party travel service provider.

10 LINKS TO OTHER WEBSITES

Citylink accepts no responsibility or liability in respect of any material displayed on any third party websites which are not under its control.

11 ACCURACY OF CONTENT ON THE WEBSITE

The Content is believed to be reliable when displayed. Citylink cannot guarantee that the Content will be accurate, complete and current at all times. All Content is subject to modification from time to time without notice.

12 CHANGES TO THE TERMS

Citylink reserves the right to make changes to any part of the Website and due to its policy of updating and improving the Website Citylink may wish to change the Terms. Citylink reserves the right to modify the Terms relating to the use of and access to the Website without prior notice. The amended Terms shall become effective immediately upon the posting of the amended Terms on the Website and the use of the Website by you on or after any such effective date shall constitute acceptance of such amended Terms.

13 GOVERNING LAW

The Terms shall be governed by and construed in accordance with the laws of Ireland and if you intend to take legal action in relation the Terms and/or the use of and/or access to the Website you agree that the Irish courts shall have exclusive jurisdiction.

14 GENERAL

You will be responsible for all charges and relevant taxes arising out of the booking and/or purchase of tickets online via the Website.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Citylink as a result of the Terms or use of the Website.

Citylink’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Citylink’s right to comply with any order of any court with the necessary authority.

The Terms and the Conditions of Carriage constitute the entire agreement between you and Citylink with respect to your use and access of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Citylink with respect to your use and access of the Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of the Terms is found to be invalid the validity of that provision shall not affect the validity of the remaining provisions of the Terms which shall remain in full force and effect.

You may not assign, sub-licence or otherwise transfer any of your rights under the Terms.

If Citylink or you fail to exercise any right or remedy available under the Terms such failure does not constitute a waiver of that right or remedy. The Headings in the Terms are for convenience only and will have no legal meaning or effect.



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