Travel Reservations - OrangeSmile Tours
Online Hotel Booking System
Terms of Service

Terms of Service

These terms regulate your usage of our website www.orangesmile.com with respect to your participation in the community, browsing the content or booking the touristic services from our third-party providers. Please read the terms carefully and note that they can change over time.

Using our website

Copyright

Contributing to website

Privacy policy

Booking with third-party suppliers via OrangeSmile

Third-party suppliers

Prohibited activities

Intellectual property rights and notices

Disclaimer and Limitation of Liability

Applicable law and jurisdiction

Using our website

By using the OrangeSmile.com website you agree to be restricted to the following conditions:

No commercial usage of the Website is allowed. The website can be used for personal, non-commercial purposes only.

Children under 16 years old should obtain parental permission before Website use.

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Copyright

You can use the images from the Website at your own risk. Since the images on the Website are added by our users, they may be a subject to copyright.

You are not allowed to store, copy or scrape the textual content from the Website without permission. The request for permission should be sent to support@orangesmile.com. We do give permission to educational institutions, non-profit organisations, and others. In all cases, we require that we're acknowledged as the owners of that textual content.

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Contributing to website

By submitting your content to the website you agree that all of your contribution is your own work. You license us the non-exclusive, perpetual, irrevocable, royalty-free, worldwide rights to reproduce, communicate, edit, store, adapt or otherwise use any content you upload to the site, via third party applications available through the site. This includes the right to sublicense to others at our discretion.

You also consent to your content being altered, edited or adapted for such uses, or to ensure your content does not infringe these terms or breach the law, as we see fit. Although we generally attribute you as the author, it's not always possible. So you consent to us not attributing authorship to you, or only attributing your registered 'handle'. We will ask you before publishing your real name.

Prohibited content. You must ensure that your content does not contain anything that breaches any laws or rights, including:
- defaming any person
- breaching any intellectual property rights
- containing personal information (contrary to our privacy policy)
- containing commercial advertising
- containing excessively coarse language or content.

If you would like to include someone else's copyright material, trademark or other intellectual property in your content you must first obtain and keep their written permission.

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Privacy policy

Your website usage data, as well as any personal information you post on or otherwise submit in connection with the Services will be used in accordance with our Privacy Policy. Click here to view our Privacy Policy.

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Booking with third-party suppliers via OrangeSmile

OrangeSmile.com offers you the ability to search for, select, and book travel reservations (e.g. hotels, tours, car rental, yacht charters) with third-party suppliers without leaving the website orangesmile.com. OrangeSmile does not organize any travel services, but only links you to the offers provided by the third-party suppliers.

By booking via the website, you acknowledge that you accept the practices described in our Privacy Policy and this Agreement. In addition, you warrant, either in your individual capacity or as a Business Representative, that you are 18 years of age or older, that you possess the legal authority to enter into this Agreement and use the services in accordance with this Agreement, and that all information you supply is true and accurate. You further agree that you will use the OrangeSmile booking facilitation services only to make legitimate reservations for you or others for whom you are legally authorized to act. Any false or fraudulent reservation is prohibited, and any user who attempts such a reservation may have his or her account terminated.

As a user of the services, you understand and agree that
- OrangeSmile.com will not have any liability to you or others for any unauthorized transactions made using your account
- Unauthorized use of your account could cause you to incur liability to OrangeSmile.com.

When you book a reservation facilitated by OrangeSmile, your payment information will be collected and transmitted to the supplier to complete the transaction, as described in our Privacy Policy. Please note that the supplier, not OrangeSmile.com, is responsible for processing your payment and fulfilling your reservation.

OrangeSmile.com will not interfere with reservations arbitrarily, but reserves the right to withdraw booking facilitation services because of certain circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a reservation request may be fraudulent. OrangeSmile.com also reserves the right to take steps to verify your identity to process your reservation request.

In the unlikely event that a reservation is available when you place an order but becomes unavailable prior to check-in, your sole remedy will be to contact the supplier to make alternative arrangements or to cancel your reservation.

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Third-party suppliers

OrangeSmile.com is not a travel agency and does not provide or own transportation services, accommodations, restaurants, tours, yachts, cars, activities or experiences. Although OrangeSmile.com displays information about properties owned by third-party suppliers and facilitates reservations with certain suppliers, such actions do not in any way imply, suggest, or constitute OrangeSmile’ sponsorship or approval of third-party suppliers, or any affiliation between OrangeSmile.com and third-party suppliers. Although users may rate and review particular transportation services, accommodations, car rentals, tours, activities or experiences based on their own experiences, OrangeSmile.com does not endorse or recommend the products or services of any third-party suppliers. OrangeSmile.com does not endorse any content posted, submitted or otherwise provided by any user or business, or any opinion, recommendation, or advice expressed therein, and OrangeSmile.com expressly disclaims any and all liability in connection with such content. You agree that OrangeSmile.com is not responsible for the accuracy or completeness of information we obtain from third-party suppliers.

If you book a reservation with a third-party supplier, then in addition to this Agreement, you agree to review and be bound by the supplier’s terms and conditions of purchase and website use, privacy policy, and any other rules or policies related to the supplier’s site or property. Your interactions with third-party suppliers are at your own risk. OrangeSmile.com will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with third-party suppliers.

The Services may link you to supplier sites or other sites that OrangeSmile.com does not operate or control.

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Prohibited activities

The textual content and information available on OrangeSmile.com, as well as the software infrastructure used to provide such content and information, is proprietary to the OrangeSmile Company or licensed to the OrangeSmile Company by third parties. For all content other than your own content, 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 the Services. Additionally, you agree not to:
- use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement and related guidelines as made available by OrangeSmile.com;
- access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content or Services, including but not limited to, user profiles and photos, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this Agreement or without our express written permission;
- violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of the services for any purpose without our express written permission;
- frame, mirror or otherwise incorporate any part of the services into any other websites or service without our prior written authorization;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by OrangeSmile.com;
- circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any content; or
- download any content unless it’s expressly made available for download by OrangeSmile.com.

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Intellectual property rights and notices

OrangeSmile.com logo, all page headers, custom graphics, button icons, texts and scripts belong to the materials copyrighted by OrangeSmile and may not be copied, imitated or used, in whole or in part, without the prior written permission of OrangeSmile.

Since, the imaging and video content is added to the website by our users, OrangeSmile.com expressly disclaims any and all liability in connection with images, maps and videos uploaded. However, the following section describes the means to claim copyright violation and infringement.

Notice and take-down policy for illegal content
OrangeSmile.com operates on a notice-and-takedown basis. If you have any complaints or objections to content or if you believe that material or content posted on the website infringes a copyright that you hold, please contact us immediately by following our notice and takedown procedure. Click here to view the Copyright policy and procedure. Once this procedure has been followed, OrangeSmile.com will respond only to valid and properly substantiated complaints by making all reasonable efforts to remove manifestly illegal content within a reasonable time.

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Disclaimer and Limitation of Liability

OrangeSmile is neither directly nor indirectly organizing Tour, Hotel, Car Rental services nor any other tourist services. You acknowledge and agree that all such services are provided by the Tour, Hotel, Car Rental Providers and other relevant third parties, and while OrangeSmile will use reasonable efforts to support Clients regarding problems with Tour, Hotel, Car Rental Providers as otherwise described herein, each Client agrees to look solely to the Tour, Hotel, Car Rental Providers for any legal redress relative to the bookings enquired about or obtained through the Website.

OrangeSmile hereby disclaims and excludes any liability arising out of the Website, any Client’s use of the Website, any bookings enquired about or obtained through the Website, or with respect to any Tour, Hotel, Car Rental Service, to the fullest extent permissible by applicable law, including without limitation Dutch law. You agree that, to the maximum extent provided by law, Dutch law will apply to the transactions involving OrangeSmile, to your use of the Website and the services offered by OrangeSmile, and to the application and interpretation of these Terms. Third-Party Service Provider law may apply to any claims between a Client and a Third-Party Service Provider, as provided in the Provider’s rules and policies provided to each Client with a Booking Proposal or Payment Request.

You agree that OrangeSmile’ sole role is as host of information provided by Tour, Hotel, Car Rental Providers and payment and booking processing agent on behalf of the Tour, Hotel, Car Rental Provider. You agree that OrangeSmile is neither a principal to any booking or rental transaction nor liable for any aspect of the Tour, Hotel, Car Rental Provider’s conduct, or any failure on the part of the Tour, Hotel, Car Rental Provider.

The sale of Tour, Hotel or Car Rental Packages will be governed by the Third-Party Providers’ terms and conditions and any claims arising out of a Provider’s conduct must be claimed solely against the Third-Party Provider. Accordingly, to the extent permitted by law, neither OrangeSmile, nor any of the company’s 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 any direct and/or indirect damages to the Client and/or any other third parties, including without limitation for
- any special or consequential losses 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,
- any inaccuracy relating to the (descriptive) information (including rates and ratings) of the Tour, Hotel or Car Rental Services as made available on the website,
- the services rendered or the products offered by the Tour, Hotel or Car Rental Provider or other business partners,
- any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by the client, pursuant to, arising out of or in connection with, the use, inability to use or delay of the Website, or
- any (personal) injury, death, property damage, or other (direct, indirect, special, consequential) damages, losses or costs suffered, incurred or paid by the client, whether due to acts, errors, breaches, negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Tour, Hotel or Car Rental Services or any of the Provider’s 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 Website, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond OrangeSmile’ control.

In no event shall OrangeSmile be liable for any demand, injuries, losses, claims, damages or any direct, incidental, special, consequential damages or economic loss, including but not limited to loss of profits or savings arising out of or in any way connected with the use of information services, imagery, textual content and any data displayed on the orangesmile.com Website.

In case any or all of the above limitations or disclaimers of liability are unenforceable for any reason, you agree that the maximum you may claim against OrangeSmile shall be an amount equal to EUR 25.00.

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Applicable law and jurisdiction

These Conditions will be governed by the laws of The Netherlands and the courts of The Netherlands will have exclusive jurisdiction in any dispute arising under the Conditions.

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Copyright © 2002 - OrangeSmile Tours B.V. | OrangeSmile.com | Under the direction and management of IVRA Holding B.V. - Registered at Kamer van Koophandel (KvK), The Netherlands No. 17237018