terms of use.

 

1. agreement to terms.

1.1 These Terms of Use constitute a legally binding agreement between you, whether you’re an individual or acting on behalf of an entity, and nevistravel., located at nevistravel.Sàrl,cheminde derrière Sonzier 9, 1822 Chernex, Switzerland (hereinafter referred to as “we”, “us”, or “nevistravel.”). This agreement concerns your access to and use of our website, https://nevis-travel.com, and any associated applications (collectively referred to as the “Site”).

1.2 The Site provides an array of services, including but not limited to travel planning, travel information, and booking services (collectively referred to as “Services”). By accessing the Site and/or utilizing our Services, you confirm that you have read, understood, and agreed to abide by all these Terms of Use.

1.3 If you do not agree with any part of these Terms of Use, you are advised not to use the Site and Services. In such a case, you should cease usage immediately.

1.4 This agreement incorporates by reference our Privacy Policy, and any other policies or terms that may be posted on our Site from time to time.

1.5 We reserve the right to amend these Terms of Use at any point in time. Any changes will be indicated by an updated “Last Updated” date, and the revised Terms of Use will be effective from the moment they are accessible. You’re responsible for regularly reviewing these Terms of Use to stay updated with any changes. Your continued use of the Site implies that you accept any such changes.

1.6 Our Site is globally accessible and contains information that may be helpful to all our users around the world. However, if accessing or using our Site or Services is illegal or restricted in your country or jurisdiction, you are advised not to use them.

1.7 The Site is intended for individuals who are at least 18 years old. If you’re under 18, you’re not permitted to use the Site or Services without parental or guardian consent.

1.8 By using the Site, you warrant that all the information you provide on the Site is correct and accurate.

1.9 Additional policies that apply to your use of the Site include:

 

2. acceptable use.

2.1 The Site and our Services are intended for personal, non-commercial use, unless expressly authorized by us. Any unauthorized commercial use of the Site or Services is strictly prohibited.

2.2 As a user of the Site, you are expected to use the Site and Services responsibly. This includes agreeing not to engage in the following activities:

  • Extracting, collecting, or storing Site content or personal information about other users without explicit permission from us or the concerned user.
  • Creating user accounts using false information or impersonating others.
  • Using the Site to advertise or sell products or services that are not endorsed or approved by us.
  • Bypassing or disabling any security measures on the Site, including those that restrict content copying or enforce usage limits.
  • Using automated systems such as robots or data mining tools to extract data, send messages, or otherwise interact with the Site.
  • Disrupting or placing an undue burden on the Site or associated networks and services.
  • Misusing our support services or submitting false reports.
  • Selling, transferring, or otherwise misusing your user profile or any content or information obtained from the Site.
  • Attempting to decompile, disassemble, reverse engineer, or otherwise interfere with the underlying software or functionality of the Site.
  • Harassing, intimidating, or threatening other users or our employees or agents.
  • Removing or altering any copyright notices or other proprietary rights markings from any content.
  • Uploading, transmitting, or otherwise spreading viruses, malware, or other harmful or disruptive material.
  • Misrepresenting your qualifications, experiences, or other information.
  • Using the Site in a way that violates any applicable laws or regulations.

2.3 We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates this Acceptable Use provision, including but not limited to, removing the offending content from the Site and terminating or suspending the account of such violators.

 

3. our content.

3.1 Unless otherwise stated, all content featured on the Site and Services, including but not limited to, text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, as well as their selection and arrangement, are the property of nevistravel. or its licensors, and are protected by copyright, trademark, and other intellectual property laws.

3.2 The Site and its content are intended for your personal, non-commercial use. You are not permitted to copy, distribute, modify, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from the Site, without our prior written consent.

3.3 We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services, including downloading or printing any content for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.

3.4 Any unauthorized use, alteration, modification, or destruction of the Site or Our Content, including the unauthorized copying or posting of such materials on any networked computer or broadcasting them in any media, is strictly prohibited and may violate copyright, trademark, privacy, publicity, communications, and other laws, and could result in your being held legally accountable.

3.5 We take reasonable measures, including the application of industry-standard virus detection software, to ensure that the Site and Our Content are free of viruses or other harmful components. However, we do not guarantee that access to the Site will be uninterrupted or that the Site or Our Content will be error-free.

3.6 The content provided on the Site is for informational purposes only and does not constitute professional advice. Before making decisions or taking actions based on this content, you should consult with a professional or specialist.

3.7 While we endeavour to keep the information on our Site accurate, complete, and up to date, we do not make any warranties or representations as to the accuracy, completeness, or currency of Our Content. You acknowledge and agree that you rely on such information entirely at your own risk.

 

4. user-generated content (UGC).

4.1 The Site may include various forums, blogs, and chat features where you can post and share your observations and comments on designated topics. nevistravel. cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Site.

4.2 You are solely responsible for the content and consequences of each of your activities on the Site and you post, distribute, or transmit at your own risk.

4.3 By submitting or posting content to the Site, you grant nevistravel. a non-exclusive, royalty-free, transferable, worldwide right to use, display, perform, reproduce, publish, distribute, modify, and translate such content for any purpose, in any form, medium, or technology now known or later developed, without any compensation to you.

4.4 You represent and warrant that you own or have secured all necessary licenses, rights, consents, and permissions to use, and to authorize nevistravel. to use, any content that you submit or post.

4.5 You agree that your User-Generated Content will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You also agree that your User-Generated Content will not contain libellous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Site.

4.6 We have the right, but not the obligation, to monitor, screen, post, remove, modify, store and review User-Generated Content or communications sent through the Site, at any time and for any reason, including to ensure that the User-Generated Content or communication conforms to these terms, without prior notice to you.

4.7 Although we are not responsible for any User-Generated Content, we may delete any User-Generated Content that, in our sole judgment, violates these terms or may harm the safety of or offend any of our users or third parties.

4.8 Content is also provided by third-party contributors, the majority of whom are not professionals. The provision of such content does not constitute advice, nor does it create a professional-client relationship.

 

5. link to third party content.

5.1 The Site may feature links to websites, resources or applications operated by third parties. These links are provided for your convenience and reference only. We neither control nor are we responsible for the content, services, or products available on these third-party platforms.

5.2 nevistravel. does not implicitly or explicitly endorse any third-party websites or applications or their content. The presence of any such links should not be construed as approval or endorsement of the linked website, its operator, or its content by nevistravel.

5.3 We strongly encourage you to review the terms and conditions, privacy policies, and other governing documents of these third-party websites or applications before engaging in any transaction or providing any personal information.

5.4 We cannot guarantee the continuous availability of such third-party links, nor can we assure the security of any information you disclose to these third-party websites or applications.

5.6 We shall not be held liable for any damages or losses incurred because of your interaction with or use of third-party websites or applications, or from products or services acquired through these third-party platforms.

5.7 If you have any queries or complaints regarding these third-party websites or applications, or their goods and/or services, you should direct your inquiry to the relevant third party, not nevistravel.

 

6. site management.

6.1 nevistravel. retains the right, at our sole discretion, to monitor and manage the Site to maintain its security, integrity, and smooth operation. This may include, but is not limited to:

  • Monitoring the Site for any violations of these Terms of Use.
  • Taking appropriate legal action against anyone found to be in violation of these Terms of Use or any applicable laws, including, but not limited to, reporting such violations to relevant law enforcement authorities.
  • Removing or disabling any files, content, or user accounts that are deemed to be excessive in size, potentially harmful, or in any way burdensome to our systems.
  • Modifying, restricting, suspending, or discontinuing any aspect of the Site as needed, including availability of certain features, database, or content, where we consider it necessary for the proper functioning of the Site.

6.2 While we strive to secure the Site, we cannot guarantee that the Site or any content on it will always be free from bugs, viruses, or other harmful components. We recommend that you always use your own virus protection software and maintain appropriate safeguards when using our Site or any linked websites.

6.3 It is your responsibility to ensure that you have the right equipment and software to safely access our Site. This includes configuring your own information technology, computer programs, and platform to access our Site. We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

6.4 Users must not attempt to circumvent any protective measures in place on the Site, nor must they attempt to access parts of the Site that they have not been granted access to.

6.5 We further reserve the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at our sole discretion.

 

7. modifications to and availability of the site.

7.1 nevistravel. reserves the right to modify, amend, update, or delete any content on the Site, including these Terms of Use, at our sole discretion, at any time, and without prior notice. Changes may include the addition or removal of services, features, or resources. You agree to periodically review the Terms of Use to stay informed of any changes.

7.2 While we aim to provide constant, uninterrupted access to the Site and Services, we do not guarantee this. The Site and Services may be unavailable from time to time due to routine maintenance, repairs, software updates, hardware failures, internet disruptions, or other events beyond our control. We will not be liable for any disruption, delay, or failure to provide the Site or Services.

7.3 We further reserve the right to suspend, discontinue, or restrict access to the Site or Services, in whole or part, at any time, for any reason, and without notice or liability.

7.4 In the event of an error, inaccuracy, or omission relating to the Services, including descriptions, pricing, availability, or other information, we reserve the right, at our sole discretion, to correct such error, inaccuracy, or omission and to change or update the information at any time, without prior notice. We cannot guarantee that any particular Service or feature will always be available.

7.5 Despite any modifications or interruptions, your obligations under these Terms of Use will still continue. Your only recourse in the event of any dissatisfaction with any modifications or service interruptions is to stop using the Site and Services.

 

8. disclaimer/limitation of liability.

8.1 The Site and Services are provided on an “as is” and “as available” basis without any warranties or representations, express or implied, except as specifically provided in these Terms of Use. NevisTravel disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, to the fullest extent permitted by law.

We do not warrant or represent that the Site is accurate, complete, reliable, current or error-free, or that the Site or its servers are free of viruses or other harmful elements. We recommend all users of the Site to ensure they have up-to-date software, including anti-virus, installed.

8.2 Except as expressly set out in these Terms of Use, NevisTravel 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 our Site or to your downloading of any material posted on it, or on any website linked to it

8.3 To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

8.4 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

8.5 Notwithstanding any of the foregoing, our aggregate liability to you for any and all claims arising out of or in connection with your use of the Site and its Services will at no time be greater than the lesser of (a) CHF 5000.-, or (b) the total amounts you paid to us in the one month period immediately preceding the incident on which your claim is based. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

8.6 If you are using the Site as a consumer, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

9. term and termination.

9.1 These Terms of Use are effective as long as you are using our Site or Services. You may terminate your use of our Services at any time by following the instructions for terminating user accounts in your account settings, if provided, or by reaching out to us at emma@nevis-travel.com.

9.2 We reserve the right to suspend or terminate your access to our Site and Services, without prior notice or liability, for any reason or no reason, including but not limited to violation of any terms specified in these Terms of Use, or any relevant law or regulation. If we determine that your use of our Site or Services is in violation of these Terms of Use or any applicable law, we may, in our sole discretion, take any actions we deem necessary, including terminating your access or deleting your content.

9.3 If your access to the Site and Services is suspended or terminated for any reason, you are prohibited from creating a new account under your name, a false name, or the name of another individual, even if you are representing the other individual. If you violate this prohibition, we reserve the right to take further action, which could include legal action, both civil and criminal, and seeking an injunction.

9.4 Upon termination, all rights and obligations created by these Terms of Use will end, except those that by their nature should survive termination such as disclaimers, ownership provisions, indemnity, and limitations of liability.

 

10. copyright policy.

10.1 We respect the intellectual property rights of others and are committed to complying with the relevant copyright laws in Switzerland.

10.2 Our policy is to respond to legitimate requests under Swiss copyright laws to remove copyright-infringing material from our Site or Services. If you believe any material available via our Site infringes your copyright, you may request the removal of those materials from the Site by submitting a copyright notice.

10.3 Notices should be sent to our designated copyright agent at copyright@neviStravel.com and should include the following information:

  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Site;
  • Your contact information, including your address, telephone number, and email;
  • A statement by you that you have 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
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

10.4 We will respond promptly to notices of alleged copyright infringement that are duly reported to our copyright agent. If you believe your content was wrongly removed due to a mistake or misidentification, you can send a counter-notice to our copyright agent. Your counter-notice must contain the following:

  • Your physical or electronic signature;
  • 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;
  • A statement under penalty of perjury 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
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Switzerland, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

10.5 Following receipt of a counter-notice, we will make a reasonable attempt to contact the person who filed the original infringement notice and inform them that we may replace the removed content or cease disabling access to it within 10 business days. Unless our copyright agent first receives notice from the person who submitted the original infringement notice that they have filed a legal action to restrain the allegedly infringing activity, we may replace or restore access to the content at our discretion.

10.6 We maintain a strict policy of using only our own material. Therefore, instances of copyright infringement should be minimal. However, we reserve the right to terminate the account of anyone found to infringe copyrights, in accordance with Swiss law.

 

11. governing law & jurisdiction.

11.1 These Terms and Conditions, as well as any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

11.2 You agree that the courts of Switzerland will have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions or their subject matter or formation.

11.3 If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and Conditions and the remaining Terms and Conditions will continue to be valid in full force and effect.

11.4 Any failure by us to enforce any right or provision of these Terms will not be considered a waiver of those rights.

11.5 The Terms and Conditions constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Service.

 

12. general.

12.1 Utilizing the Site, engaging with us via emails, and filling out online forms are considered electronic communications. By doing so, you consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement for such communication to be in writing.

You hereby consent to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and transaction records initiated or completed by us or via the Site. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which demand an original signature, the delivery or retention of non-electronic records, or payments or the granting of credits via non-electronic means.

12.2 These Terms and Conditions, along with any policies or operating rules posted by us on the Site or regarding the Services, represent the entire agreement and understanding between you and us.

12.3 Our failure to enforce or exercise any right or provision of these Terms and Conditions shall not constitute a waiver of that right or provision.

12.4 We reserve the right to assign any or all of our rights and obligations to others at any time.

12.5 We will not be held responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

12.6 If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

12.7 These Terms and Conditions or use of the Site or Services do not establish any form of joint venture, partnership, employment, or agency relationship between you and us.

12.8 Please note that these Terms and Conditions, their subject matter, and formation, are governed by Swiss law. The courts of Switzerland will have exclusive jurisdiction to settle any disputes arising out of or in connection with these Terms and Conditions.

12.9 A person who is not a party to these Terms and Conditions shall not have any right to enforce any term of these Terms and Conditions.

 

13. contact.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at emma@nevis-travel.com or by post to:

nevistravel.
Chemin derrière Sonzier 9
1822 Chernex (VD)
Switzerland