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Dear Privateupgrades Member, Thank you for choosing PRIVATEUPGRADES (“PRIVATEUPGRADES”, “Privateupgrades”, “PU”, “we”, “us”, “our”). We strive to bring your hotel experience to the next level. Therefore, please read these terms and conditions before using the PRIVATEUPGRADES Website. By registering or using the PRIVATEUPGRADES services, web pages or accessing content or material provided, you are accepting these terms and conditions.
If the hotel does not grant you one or more of the guaranteed amenities at check-in, please contact us immediately. It is not possible to make claims or compensation requests related to our booking benefits after your stay.
In cases where fraudulent or stolen credit card use is detected, the member's account will be immediately terminated, and we may forward relevant member data to the hotel and authorities for investigation.
**Trademarks & Arbitration
Promotions will be confirmed within 48 hours. For last minute bookings, the promotions cannot be guaranteed if the promotion is not reflected in the rate. For non-refundable bookings, we recommend contacting or calling our PRIVATEUPGRADES Travel Designers before booking since we are not able to guarantee the promotion at time of booking and need to reconfirm this with the hotel prior to ensure. Lastly, please read the promotional guidelines to make sure that all criteria’s are fulfilled so that the promotion will be granted and is suited for your booking.
We reserve the right that the amenities are not granted towards your booking. In the case where - It is possible that the amenities offered can change throughout the year, as well as at a change over of the year or that we cancel the hotel contract due of service issues and negative client feedback. Additionally, the amenities can slightly change during the year. If this occurs between the time of your booking and your stay, then the amenities cannot be granted. Nevertheless, the booking will remain active and be confirmed. Since we work on annual contracts, with a maximum change of 2% of all hotels, bookings which are done for the following year can be affected by this.
Your contract is with the hotel and its terms and conditions apply. As an agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to five percent of the booking amount (or the appropriate proportion of this if not everyone on the booking is affected). We are totally excluded from any liability for death or personal injury whilst a clients is travelling or staying at a hotel.
PRIVATEUPGRADES reserves the right to recall a booking within 48 hours due to Rate Errors. In case a Member wants to book a non-refundable rate, we suggest the Member contact us before booking. (Section 1.2.)
CONSUMERS ARE HEREBY ADVISED THAT, UPON YOUR REQUEST FOR A RESERVATION THROUGH THE WEBSITE, PRIVATEUPGRADES WILL PROVIDE YOUR RESERVATION INFORMATION (INCLUDING CONTACT INFORMATION, PAYMENT INFORMATION, AND BOOKING DETAILS) TO THE APPLICABLE HOTEL, IN ACCORDANCE WITH OUR PRIVACY POLICY, IN ORDER FOR THOSE PARTIES TO FINALIZE THE REQUESTED RESERVATION AND PROCESS YOUR PAYMENT. PRIVATEUPGRADES DOES NOT CHARGE THE CREDIT CARD NOR PROCESS PAYMENT. THE RESERVATION IS FINAL ONLY WHEN ACCEPTED AND CONFIRMED BY THE APPLICABLE HOTEL PROPERTY IN WRITING AND PAYMENT IS PROCESSED.
PAYMENT DISPUTES, CANCELLATIONS, AND/OR SERVICE ISSUES MUST BE REFERRED TO THE APPLICABLE PREFERRED SUPPLIER. ADDITIONAL TERMS AND CONDITIONS OF THE PREFERRED SUPPLIER MAY APPLY. PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT NOTICE. ONCE THE BOOKING IS MADE, THE FINAL PRICE IS SECURED. FOR INTERNATIONAL TRAVEL, DUE TO CURRENCY EXCHANGE RATE FLUCTUATIONS, THE AMOUNT QUOTED MAY BE DIFFERENT FROM THE AMOUNT CHARGED TO YOUR CREDIT CARD. HOWEVER, PLEASE NOTE THAT THE HOTELS CHARGE IN THE LOCAL CURRENCY. YOUR STATEMENT MAY ALSO REFLECT CONVERSION FEES FROM YOUR BANK AND/OR CREDIT CARD COMPANY AS WELL AS COUNTRY - SPECIFIC USAGES.
PRIVATEUPGRADES DOES NOT OWN OR CONTROL THE PREFERRED SUPPLIERS, AND PRIVATEUPGRADES IS NOT RESPONSIBLE FOR THEIR ACTS OR OMISSIONS OR ANY INJURIES, DAMAGES, EXPENSES, OR LIABILITIES ARISING THEREFROM. PRIVATEUPGRADES IS NOT THE SELLER OR PROVIDER OF ANY HOTEL PRODUCTS OR SERVICES RESERVED OR BOOKED THROUGH THE WEBSITE AND PRIVATEUPGRADES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF AVAILABILITY, SATISFACTION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Hotel resort and other mandatory fees and certain local city, tourist or occupancy taxes (when applicable, subject to change without notice) that are required to be collected directly from guests, are typically not included in the rate unless stated otherwise. Taxes may change between the time of booking and the time of your stay at the hotel. Insurance of any kind is never included in the rates. Please note that certain Hotels may charge you a so-called additional but mandatory “resort fee” (or similar) for the use of certain of their services. This resort fee is typically not included in the price. The Hotels may charge for extra beds or refuse to accept additional persons if not duly informed in advance. You may also be charged directly by the Supplier for baggage handling fees, newspaper delivery fees and tourism fees.
If you wish to amend or cancel a confirmed booking, you must login to your personal PRIVATEUPGRADES Member account and you can manage your bookings on the “Manage my Bookings” Page. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the hotel. In all cases, once the booking is confirmed, you are subject to the terms and conditions of that hotel’s cancellation policy.
Hotel cancellation policies may outline a period before check-in when cancellations will be subject to payment of a cancellation charge. This period does not include the day of arrival – so, for example, a cancellation policy of ‘24 hours’ means a reservation must be cancelled at least 24 hours before the hotel's stated check-in time (local hotel time) on the day before arrival to avoid the penalty. Cancellations can be made via the Member Profile on the PRIVATEUPGRADES Website.
If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel prior to your date of arrival, you will be subject to a charge of applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with the hotel directly.
You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the Terms of Use and restrictions for the hotel reservation. You agree to abide by the terms and conditions imposed with respect to your hotel reservations.
In case of changes or cancellations made by the Supplier, PRIVATEUPGRADES will inform you as soon as reasonably possible if the hotel needs to make a significant change to your confirmed booking or to cancel. If needed, PRIVATEUPGRADES will liaise between you and the hotel in relation to any alternative arrangements offered by the hotel but we will have no further liability to you.
The information presented on or through the Website is made available solely for general information purposes and is subject to change without notice. WE DO NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION, INCLUDING WITHOUT LIMITATION, INFORMATION CONCERNING AND DESCRIPTIONS OF THE HOTEL PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE, SUCH AS PRICING, AVAILABILITY, AMENITIES, GENERAL PRODUCT DESCRIPTIONS, AND PHOTOGRAPHS. THE DEFINITE CONFIRMATION OF A PROMOTION IS OBLIGED BY THE HOTEL AND WILL BE CONFIRMED OR DECLINED WITHIN 48 HOURS. IN CASE OF A NON-CANCELLATION POLICY, WE ADVISE THE USER TO CONTACT PRIVATEUPGRADES DIRECTLY IN ORDER TO CONFIRM OR DECLINE THE PROMOTION.
Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Privateupgrades does not guarantee the accuracy of the images of the respective hotel. Especially the room pictures, the picture may differ from the actual room. The pictures displayed do not belong to PRIVATEUPGRADES and therefore belong to the specific hotel. When booking a room via PRIVATEUPGRADES, you are booking the room category and not the associated picture.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Since the contract between PRIVATEUPGRADES and the Hotels are concluded for an indefinite period of time, both parties may terminate this cooperation agreement unilaterally. PRIVATEUPGRADES can cancel the agreement particularly due to repeated complaints by customers, for example.
PRIVATEUPGRADES is based in the Switzerland with headquarters in Teufen, Appenzell Ausserrhoden. Access to the Website may be restricted or prohibited in certain jurisdictions. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with the applicable laws in your jurisdiction.
Furthermore, most travel, including travel to international destinations, is completed without incident, however travel to certain destinations may involve greater risk than others. PRIVATEUPGRADES urges travelers to review their Government Travel Website for announcements, warnings or prohibitions, or other travel related information prior to booking hotel reservations for hotels located in international destinations.
BY RECOMMENDING HOTELS IN PARTICULAR COUNTRIES AND REGIONS, PRIVATEUPGRADES DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. MOREOVER, INCASE YOU NEED AN INVITATION LETTER FOR A VISA, WE WILL CHARGE A SERVICE FEE.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience and information only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
These terms of service are entered into by and between you and PRIVATEUPGRADES. ("PRIVATEUPGRADES", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of www.PRIVATEUPGRADES.com, including any content, functionality and services offered on or through www.PRIVATEUPGRADES.com (the "Website"), whether as a guest or a registered user. Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website and can send us your concerns to info@privateupgrades.com This Website is offered and available to users who are 18 years of age or older or the applicable age of majority in your jurisdiction of residence. By using this Website, you represent and warrant that you are of legal age to form a binding contract with PRIVATEUPGRADES. If you do not meet this requirement, you must not access or use the Website.
In the event of misuse of the membership, Privateupgrades reserves the right to exclude the member(s) in question from the hotel program. Such misuse may include, but is not limited to, behavior which is troublesome, weakens the reputation of our hotel community or shows a lack of respect towards the staff, partners or hotels, criminal actions, actions to trick the system or actions which are generally perceived to be immoral, unethical or contrary to these membership terms and conditions. For paid memberships, the club fee will be refunded accordingly. (Section 2.1.) In the event of exclusion, all active and upcoming reservations will be served without the PrivateUpgrades benefits. If the reservations contain special rates, these bookings will be converted to the hotel's official rates without PrivateUpgrades benefits.
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are encouraged and expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to registered users.
You are responsible for:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You are responsible for the actions (including User Contributions) of anyone using your account, whether with or without your permission. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to suspend or terminate any account and/or disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms of Service.
By signing up and becoming a Privateupgrades Member, you are automatically enrolled to the Privateupgrades newsletter which comes with benefits. You will be the first to receive important Privateupgrades travel news, exclusive promotions, special offers and benefits. You can unsubscribe at any time and it will take immediate effect. To unsubscribe from this mailing list, just visit your Member Profile and select the check box next to “I am not interested in receiving the Privateupgrades Member Newsletter with the news and promotions”. We will never give or sell your information to a third party.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Only Preferred Suppliers are permitted to link to our homepage in accordance with our branding and advertising guidelines.
You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any social media features and any links at any time without notice in our discretion.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The Website may contain or feature message boards, personal web pages or profiles, forums, bulletin boards, functions for saving and sharing travel ideas, functions for interacting with ratings and reviews, surveys, sweepstakes, contests, promotions, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Service. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You must own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not PRIVATEUPGRADES, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Special features and functions of the Website may be offered from time to time (including without limitation, sweepstakes, contests, and other promotions) which may have additional rules, terms, and conditions for participation. If you choose to enter or participate, you will also be bound by any rules, terms, and conditions which are posted for those special features and functions.
IN NO EVENT WILL PRIVATEUPGRADES, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
● In any way that violates any applicable federal, state, local or international law, rule, or regulation (including, without limitation, any laws regarding the transfer or export of data, personally identifiable information, or software to and from the United States or other countries).
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS PRIVATEUPGRADES AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PRIVATEUPGRADES AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PRIVATEUPGRADES AND/OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by PRIVATEUPGRADES, its licensors or other providers of such material, and are protected by Switzerland and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Website as follows: (i) if you are an individual consumer, including a client of a Preferred Supplier, for your legitimate personal uses for which the Website is intended for consumers (whether as a registered user or a guest); and (ii) if you represent a PRIVATEUPGRADES Preferred Supplier (“Preferred Supplier”), for the legitimate business purposes for which the Website is intended for Preferred Suppliers (collectively, the “Permitted Uses”). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Additionally, please be advised that certain Preferred Suppliers have provided the travel product images located within the image galleries on the product detail pages on this Website (“Supplier Images”), and such Preferred Suppliers have represented to PRIVATEUPGRADES that they consent for no other person or entity to use, reproduce, and distribute the Supplier Images. AS EXPRESSLY PROVIDED IN THE PRECEDING SENTENCE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NO OTHER PERSON OR ENTITY IS PERMITTED TO USE, REPRODUCE, OR DISTRIBUTE THE SUPPLIER IMAGES OR ANY OTHER IMAGES, GRAPHICS, ILLUSTRATIONS, OR PHOTOGRAPHS ON THE WEBSITE FOR ANY PURPOSE. UNAUTHORIZED USE OF THE SUPPLIER IMAGES OR ANY OTHER IMAGES, GRAPHICS, ILLUSTRATIONS, OR PHOTOGRAPHS ON THE WEBSITE MAY SUBJECT YOU TO LEGAL LIABILITY INCLUDING, AMONG OTHER THINGS, CLAIMS, LAWSUITS, DAMAGES, ATTORNEYS’ FEES, AND CIVIL AND CRIMINAL PENALTIES.
PLEASE BE ADVISED THAT WE HAVE NOT SELECTED OR RECOMMENDED THE SUPPLIER IMAGES, WE MAKE NO WARRANTIES AS TO THEIR OWNERSHIP, AND WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY TO INVESTIGATE OR VERIFY THE OWNERSHIP OR USE RIGHTS APPLICABLE TO THE SUPPLIER IMAGES OR ANY OTHER IMAGES, GRAPHICS, ILLUSTRATIONS, OR PHOTOGRAPHS ON THE WEBSITE. You expressly waive and agree to indemnify, defend, and hold PRIVATEUPGRADES harmless from any claims, damages, liabilities, costs, charges, or expenses arising out of or relating to your use, reproduction, or distribution of the Supplier Images or any other images, graphics, illustrations, or photographs on the Website (including without limitation, any claims of infringement of a third party’s proprietary rights).
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, PRIVATEUPGRADES may terminate your right to use the Website immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by PRIVATEUPGRADES. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
A person who is a copyright owner or an agent thereof and believes that any content on this Website infringes upon the owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing PRIVATEUPGRADES’s Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit PRIVATEUPGRADES to locate the material; (4) information reasonably sufficient to permit PRIVATEUPGRADES to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) a statement that the person has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the person submitting the notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. PRIVATEUPGRADES's designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, PRIVATEUPGRADES Corporate Office, Teufen, Appenzell Ausserrhoden in Switzerland email: info@privateupgrades.com. If the copyright owner or agent thereof fails to comply with all of the requirements of this Section, the DMCA notice may not be valid.
DIGITAL MILLENNIUM COPYRIGHT ACT COUNTER-NOTICE
If you believe that content you have supplied to the Website that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Appenzell Ausserrhoden Switzerland, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, PRIVATEUPGRADES may send a copy of the counter-notice to the original complaining party informing that person that PRIVATEUPGRADES may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at PRIVATEUPGRADES's sole discretion.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PRIVATEUPGRADES NOR ANY PERSON ASSOCIATED WITH PRIVATEUPGRADES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PRIVATEUPGRADES NOR ANYONE ASSOCIATED WITH PRIVATEUPGRADES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
PRIVATEUPGRADES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless PRIVATEUPGRADES, its affiliates, and their respective directors, employees, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, or your use of any services and products and/or information obtained from the Website.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Appenzell Ausserrhoden, Switzerland without giving effect to any choice or conflict of law provision or rule (whether of Appenzell Ausserrhoden, Switzerland or any other jurisdiction).
Subject to the immediately following paragraph, any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of Switzerland in each case located in the City of Teufen, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
In the event of disputes arising from this contract we recommend you to refer to the independent ombudsman of the travel industry. The ombudsman aims to arbitrate in any case of disagreement between customers and us and achieve a fair agreement. The contact details are: Ombudsman der Schweizer Reisebranche (ombudsman of the Swiss travel industry), POB, 4601 Olten, Switzerland, T: +41 (0)44 485 45 35; or go to www.ombudsman-touristik.ch.
The contractual relationship between PRIVATEUPGRADES and you shall be exclusively governed by Swiss law. Place of jurisdiction is the city in which our registered office is located.
No waiver of by PRIVATEUPGRADES of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PRIVATEUPGRADES to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and PRIVATEUPGRADES with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Notwithstanding the foregoing or anything to the contrary herein, with respect to users that represent a Member Agency or a PRIVATEUPGRADES Preferred Supplier, other written agreements between the Member Agency or the Preferred Supplier and PRIVATEUPGRADES may exist now or in the future (including without limitation, a PRIVATEUPGRADES Membership Agreement, a Hotel Booking Program Agreement, and/or a PRIVATEUPGRADES Preferred Supplier Agreement). Those written agreements remain in full force and effect and these Terms of Service do not alter or amend those other written agreements. In the event of a conflict between these Terms of Service and the terms of any other written agreements with PRIVATEUPGRADES, PRIVATEUPGRADES is entitled to determine which terms control, in its reasonable discretion.
This website is operated by PRIVATEUPGRADES, Alte Haslenstrasse 5, 9053 Teufen in Switzerland and is part of the Deluxetargets Group. Feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@privateupgrades.com
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