Website Terms of Use

Last revised on December 27, 2016

Agreement Between Customer and Formula.Voyage.

Welcome to the Formula.Voyage website (the “Website”). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel—related goods and services, making legitimate reservations and purchases with travel suppliers, and for no other purposes. The terms “we”, “us”, “our”, “Formula Voyage” and “Prima Media” refer to Prima Media Limited, a Lithuania based company, and its subsidiaries and corporate affiliates, including Formula.Voyage. “Formula Voyage Partner” means any co-branded and/or linked website through which we provide links, content or service. The term “you” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

“Platform” means the (mobile) website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by Formula.Voyage.

“Service” means the online reservation and purchase service (including the facilitation of payments) of various products and services as from time to time made available by Suppliers on the Platform.

“Supplier” means the provider of product or service (e.g. hotel, airline, circuit, hospitality provider) and any other travel or related product or service as from time to time available for reservation and purchase on the Platform.

Our Service

Through the Platform, we (Formula.Voyage and its affiliate (distribution) partners) provide an online platform through which Suppliers can advertise their products and service for reservation and purchase, and through which visitors of the Platform can make such reservations and purchases. By making a reservation through Formula.Voyage, you enter into a direct (legally binding) contractual relationship with the Supplier (or Prima Media Limited) with which you make a reservation or purchase a product or service (as applicable).

When providing our Service, the information that we disclose is based on the information provided to us by Suppliers. As such, the Suppliers are given access to an extranet through which they are fully responsible for updating all rates, availability and other information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Supplier remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Supplier (or its facilities, venue, products or services) made available.

Prices

The prices on our Platform are highly competitive. All prices are displayed including VAT/sales tax and all other taxes (subject to change of such taxes), unless stated differently on our Platform or the confirmation email/ticket. Ticket, hospitality package or event prices are per person or group and subject to validity as indicated on the ticket, if applicable. Applicable fees and taxes (including tourist/city tax) may be charged by the Supplier in the event of a no-show or cancellation fee.

Sometimes cheaper rates are available on our Platform for a specific product or service, however, these rates made available by Suppliers may carry special restrictions and conditions, for example non-cancelable and non-refundable. Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation.

The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

Free of charge

Our service is free of charge because, unlike many other parties, we will not charge you for our Service or add any additional (reservation) fees to the rate. Suppliers pay a commission (being a small percentage of the product price (e.g. room, flight or ticket price)) to Formula.Voyage after the end user has consumated the service or product of the Supplier.

Credit card and bank transfer

For certain products and services, Formula.Voyage facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Supplier (Formula.Voyage never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the product or service provider through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Supplier will in each case constitute a payment of (part of) the booking or purchase price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.

In the event of credit card fraud or unauthorised use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In the event that your credit card company or bank charges the deductible from you because of unauthorised transactions resulting from a reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email customercare@formula.voyage. Please state ‘credit card fraud’ in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Formula.Voyage’s secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.

Communication and Correspondence

Formula.Voyage disclaims any liability or responsibility for any communication with the Supplier on or through its platform. You cannot derive any rights from any request to, or communication with the Supplier or (any form of) acknowledgement of receipt of any communication or request. Formula.Voyage cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Supplier.

In order to duly complete and secure your reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.

Any claim or complaint against Formula.Voyage or in respect of the Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. F1 hospitality package, check out date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.

Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation or purchase to support your position (if needed).

Rankings, stars and client reviews

The default setting of the ranking of Suppliers on our Platform is ‘Recommended’ (or any similar wording) (the “Default Ranking”). For your convenience we also offer other ways to rank Supplier. Please note that the Default Ranking is created through a fully automatic ranking system (algorithm) and based on multiple criteria, which include not only the popularity of a Supplier among our visitors, but also customer service history and certain booking-related data (number of bookings, cancellations, conversion rate, etc…). On-time payment of commission by a Supplier and the commission percentage are also included in the algorithm; however, they are two of the several (but definitely not leading) factors in the Default Ranking.

The completed guest review and rating may be uploaded onto the relevant Supplier’s information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Supplier. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The client review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.

Disclaimer

Formula.Voyage is not an official representative, agents or otherwise of Formula 1 and not associated in any way with the Formula One Group of Companies. F1, Formula 1, Formula One and Grand Prix are trademarks belonging to Formula One Licensing BV, a Formula One Group Company.

Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation or purchase as set out in the confirmation email (whether for one event or series of connected events).

However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Supplier as made available on our Platform, (iii) the services rendered or the products offered by the Supplier or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Supplier or any of our other business partners (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.

Whether or not the Supplier has charged you for your product or service, or if we are facilitating the payment of the (product/reservation) price, you agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (product/reservation) price to the relevant tax authorities. Formula.Voyage is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (product/reservation) price to the relevant tax authorities.

By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that Formula.Voyage may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Formula.Voyage at its discretion sees fit. You are granting Formula.Voyage a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Formula.Voyage at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to Formula.Voyage publishing and using these photos/images. Formula.Voyage does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Formula.Voyage. Formula.Voyage disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Formula.Voyage at any time and without prior notice.

Intellectual Property Rights

Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by Prima media Limited, its suppliers or providers.

Formula.Voyage exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to Formula.Voyage. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) and/or by completing a reservation or purchase, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
Use of the Website

As a condition of your use of this Website, you warrant that:

  1. you are at least 18 years of age;
  2. you possess the legal authority to create a binding legal obligation;
  3. you will use this Website in accordance with these Terms of Use;
  4. you will only use this Website to make legitimate reservations and purchases for you or for another person for whom you are legally authorized to act;
  5. you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
  6. all information supplied by you on this Website is true, accurate, current and complete; and
  7. if you have a Formula.Voyage account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.
Prohibited Activities

The content and information on this Website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  1. use this Website or its contents for any commercial purpose;
  2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  6. deep—link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  7. “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

If your booking or account shows signs of fraud, abuse or suspicious activity, Formula.Voyage may cancel any travel or service reservations associated with your name, email address or account, and close any associated Formula.Voyage accounts. If you have conducted any fraudulent activity, Formula.Voyage reserves the right to take any necessary legal action and you may be liable for monetary losses to Formula.Voyage, including litigation costs and damages. To contest the cancellation of a booking or purchase, freezing or closure of an account, please contact Formula.Voyage Customer Service.

General

Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement and the Google Terms of Use and Google Privacy Statement. Microsoft and Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:

https://privacy.microsoft.com/en-GB/
http://www.microsoft.com/maps/assets/docs/terms.aspx
http://www.google.com/privacy/privacy-policy.html
http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html
http://www.maps.google.com/help/legalnotices_maps.html
http://maps.google.com/help/terms_maps.html

Any rights not expressly granted herein are reserved.

About Formula.Voyage and the support companies

Formula.Voyage is not an official representative, agents or otherwise of Formula 1 and not associated in any way with the Formula One Group of Companies. F1, Formula 1, Formula One and Grand Prix are trademarks belonging to Formula One Licensing BV, a Formula One Group Company.

The online booking and purchase service is provided by Prima media Limited which is a private limited liability company, incorporated under the laws of Lithuania and having its offices at 52 Perkunkiemio Street Vilnius 12144 Lithuania under registration number 304151586. Our VAT registration number is LT100010393017.

Formula.Voyage has its headquarters in Vilnius, Lithuania and is supported by various affiliated group companies (the “support companies”) throughout the world. The support companies only provide an internal supporting role to and for the benefit of Formula.Voyage. Certain designated support companies render limited customer care support services (only by telephone). The support companies do not have any Platform (and do not in any way control, manage, maintain or host the Platform). The support companies do not have any power or authority to render the service, to represent Formula.Voyage or to enter into any contract in the name of, for or on behalf of Formula.Voyage. You do not have a (legal or contractual) relationship with the support companies. The support companies do not operate and are not authorised to act as any form of process or service agent of Formula.Voyage. Formula.Voyage does not accept nor assume any domicile at any place, location or office in the world (also not at the office of its support companies), other than its registered office in Vilnius.