Welcome to holidaypirates-us.lastminute.com (the “Website”), a service operated by LMNext US, Inc. ("LMnext") a corporation with its primary business and mailing address at 44 Montgomery St., San Francisco, CA 94104.

The User can freely visit the Website and use its functionality for personal, not commercial, use only. When conducting a search in the search engine, making reservations, or processing purchase orders, the User recognizes and states that they are acting in a purely personal capacity.

The User and/or the Customer represents and warrants to be of legal age and to have full capacity to enter into contracts for the purchase of the products and/or services made available on the Website. If the User and/or the Customer purchases a product and/or service also on behalf of other travellers then the User and/or the Customer, qualified as the "Main Contractor" as defined below, represents and warrants  that he/she is legally authorized to act also in the name and on behalf of the other travellers and to inform them about the conditions applicable to each product and/or service purchased.

The User must be over 18 and/or the Customer represents and warrants that he/she will supervise the use of the Website by minors, accepts that any purchase made in violation of that duty is attributable to him/her, and accepts financial responsibility for any such purchases.

The User and/or the Customer represents and warrants that all the information they have provided is true, up-to-date, and complete.

The User and/or the Customer further acknowledges and accepts that by using their contact details during the booking, they are qualified as the "Main Contractor" for the tourist and other services available for purchase on this Website, whether the Customer is making the booking for himself/herself or on behalf of other travellers.

The User and/or the Customer are further informed that email queries about bookings made on this Website for the products provided by companies belonging to lastminute.com (changes or cancellations, or after-sales assistance) can only be processed if the email of the Main Contractor provided during the booking is used. If a different email address is used, the service provider may require an identity check. The service provider may not be able to guarantee the acceptance and management of the request.

While searching or processing reservations and/or purchase orders, the User uses the web application by means of a non-exclusive and temporary license, granted for the time of the operation. This web application allows the User to process, easily and directly, their requests without having to make an additional parallel connection to the website of the provider of the service the User is interested in booking.

The User is not allowed to modify, reuse, copy, distribute, transmit, reproduce, publish, grant license or use, create derived tasks or jobs, transfer or sell, or in any case, make any commercial use or any use that is not personal in nature of the information, news, content, software and systems, or products obtained or made available to the User through the Website and the use of the Service.

To be able to use the functions of the Website, the User must have an internet connection, which they must procure at their own expense from a reliable provider. LMnext is not liable for any damages to the User's hardware that may be caused, directly or indirectly, by the internet connection.

By using the Website you agree not to: (i) use this Website or its contents is for any commercial purpose not intended by us; (ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand; (iii) 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; (iv) 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; (v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) 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 (vii) “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction and will only use the Website to make legitimate purchases for you or for another person for whom you are legally authorized to act (and will inform such other persons about the Terms of Service) that apply to the purchase you have made on their behalf (including all rules and restrictions applicable thereto). You also agree to provide true, accurate, current and complete information about yourself as prompted by the Website. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or LMnext has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LMnext has the right to suspend or terminate any and all current or future use of the Website. LMnext reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion. Notwithstanding the above, we retain the right at our sole discretion to deny access to anyone to the Website and the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Service.

The User undertakes to use the Website, its functions and the Service for lawful purposes and according to the present TERMS OF SERVICE. Particularly, the User undertakes not to send or disseminate, through the Website and its functions, illicit, defamatory, vulgar, obscene, abusive or disturbing content, nor to use the Website and its functions to perform any acts which could cause damage to the image and reputation of LMnext or any other loss or damage to LMnext.

Moreover, the User undertakes not to send advertising materials, undesirable and/or unsolicited communications which could interfere with the functionality and/or the use of the Website by third parties.

The User acknowledges and recognizes that all information, data, software, content, music, sounds, photographs and images, video and any other content on the Website (the "Content") are the exclusive property of LMnext and its license holders.

With the exception of using the application as stated in section 3, the User does not acquire any rights on the Content and/or the Website, the only right being the right to use the Website according to these TERMS OF SERVICE.

The User is authorized to print and/or download the Content (including the TERMS OF SERVICE) only for personal use.

LMnext’s or the companies belonging to lastminute.com group trademark(s) are important corporate assets and LMnext requires they are used properly. To preserve its reputation and protect its trademark(s), LMnext diligently guards against any violation of its trademark(s). LMnext acknowledges the desire of third parties to show affiliation with LMnext. Without written permission from LMnext, you should not use LMnext’s or the companies belonging to lastminute.com group trademark(s), service marks, or name in a manner suggesting any affiliation or association with LMnext. Only parties with written permission from LMnext or the companies belonging to lastminute.com group are allowed to use LMnext’s or the companies belonging to lastminute.com group trademark(s) in accordance with applicable terms. 

LMnext or the companies belonging to lastminute.com group trademarks take on various forms and may include letters, words, logos, designs, images, slogans, and colors associated with our company, Website, and service offerings. 

Certain activities may constitute infringement or dilution of LMnext’s or the companies belonging to lastminute.com group trademark(s), and are not permitted. Please review the following list of ways to avoid unauthorized use of LMnext’s or the companies belonging to lastminute.com group trademark(s):

• Do not use an LMnext or the companies belonging to lastminute.com group trademark(s) or name in a manner likely to cause confusion about the origin of any product, service, material, course, technology, program or other offerings.

• Unless you have prior permission from LMnext or the companies belonging to lastminute.com group, do not use an LMnext or the companies belonging to lastminute.com group trademark(s) or name in a manner likely to give the impression or otherwise imply an affiliation or association between you, your products or services, and LMnext or the companies belonging to lastminute.com group, or any of its products, services, programs, materials, or other offerings.

• Do not use the LMnext or the companies belonging to lastminute.com group logo in any materials without the written permission of LMnext or the companies belonging to lastminute.com group. 

• Do not use any LMnext or the companies belonging to lastminute.com group trademark(s) or name as or as part of a company, product, service, solution, technology, or program name. 

• Do not use a LMnext or the companies belonging to lastminute.com group trademark(s) or name in a manner likely to dilute, defame, disparage, or harm the reputation of LMnext or the companies belonging to lastminute.com group.

• Do not use any trademark(s), name, or designation confusingly similar to the LMnext or the companies belonging to lastminute.com group name or any LMnext or the companies belonging to lastminute.com group trademark(s).

• Do not copy or imitate any LMnext or the companies belonging to lastminute.com group trade dress, type style, logo, product packaging, or the look, design, or overall commercial impression of any LMnext Website, blog, or other materials.

• Do not register or use any domain name which incorporates any LMnext or the companies belonging to lastminute.com group mark or name.

• Do not register or seek to register an LMnext or the companies belonging to lastminute.com group trademark(s) or name, or any mark or name confusingly similar to an LMnext or the companies belonging to lastminute.com group mark or name.

The Website contains hyperlinks to other internet resources, operated by commercial partners of LMnext and/or third parties. The publishing of hyperlinks on the Website is conducted for informational purposes and for the User’s reference and does not imply any recognition or approval of their contents by LMnext. Moreover, LMnext does not exercise control over the contents, information, services and/or products offered by such linked websites. LMnext shall not be liable for the truthfulness, accuracy and updating of the information published on such linked websites. The User acknowledges that the use of such websites will be done at his/her/their own risk.

The publication of a hypertext link and/or another internet resource on the Website does not imply any kind of commercial association and/or affiliation between LMnext and the administrators of the linked websites.

THE CONTENT, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CONTENT, PRODUCTS, AND SERVICES LASTMINUTE.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.

LMNEXT MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE EXCEPT THE BOOKING OF TRAVEL SERVICES THROUGH LMNEXT. TO THE FULL EXTENT PERMISSABLE UNDER RELEVANT LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LMNEXT AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM LMNEXT, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSABLE UNDER RELEVANT LAW, LMNEXT, THE COMPANIES BELONGING TO LASTMINUTE.COM GROUP, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

SOME OF THE SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES SOLD OR OFFERED THROUGH THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF LMNEXT AND THE COMPANIES BELONGING TO LASTMINUTE.COM GROUP. LMNEXT AND THE COMPANIES BELONGING TO LASTMINUTE.COM GROUP ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM LMNEXT AND THE COMPANIES BELONGING TO LASTMINUTE.COM GROUP HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT LMNEXT AND AND ,THE COMPANIES BELONGING TO LASTMINUTE.COM GROUP, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LMNEXT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE WEBSITE, CONTENT OR ANY RELATED SERVICES.

If, despite the limitation above, LMnext or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of LMnext and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to LMnext in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms insure to the benefit of LMnext and/or their respective suppliers.

9. PROCEDURE FOR CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

By email: trademark@lastminute.com