1.1 The terms and conditions (the “Terms”) set out below governs your use of the website www.cannytravel.com and www.cannytravel.co.uk (individually or collectively referred to as the “Site”). The Site is owned and operated by Travel Salvage Limited trading as Canny Travel.
1.2 Please read these Terms carefully. By continuing to access and use the Site you are deemed to have understood and agreed to them. If you do not agree to them you must refrain from using this Site and any services available through it. If you have any questions about these Terms, please get in touch using the Contact Us facility provided within the site.
2. Services available on this Site
2.1 Users may only offer, bid for, or buy holidays on the Site which may include transferable accommodation only, package, flight only holidays (“Holidays”). We will remove any references to the sale of any other kind of item
2.2 If you are interested in buying or offering Holidays using the services available on this Site you must register as a Canny Travel Member. If you do not register, you will not be able to buy or sell Holidays on the Site.
3. Bidding and Buying
3.1 As a buyer:
(a) you must ensure that you are legally able to bid for and buy any item that you bid for;
(b) you have a legal obligation to complete a transaction with a seller if you are the highest bidder at the end of an Offers Over style Deal (meeting the applicable minimum bid or reserve requirements and including any bid that becomes the highest after a valid bid retraction) and your bid is accepted by the seller, unless the transaction is prohibited by law or by these Terms; and
(c) you agree to be bound by the conditions of sale included in the listing description provided that those conditions of sale are not in breach of these Terms or otherwise unlawful. Bids are only retractable in exceptional circumstances, such as when the seller materially changes the Holiday’s description after a bid is placed, a clear typographical error is made, or you cannot authenticate the seller’s identity.
4. Listing and Selling
4.1 As a seller:
(a) you must ensure that you are legally able to sell the Holiday listed on this Site;
(b) you must provide full details of the Holiday and all terms of sale are to be included in the listing description on this Site at time of listing;
(c) you must not manipulate the price of any Holiday or interfere with other users’ listing(s). Without limitation, you must not:
(i) bid in a listing where you are the seller, or procure or encourage any person to do so on your behalf;
(ii) contact bidders in any listing where holidays are offered for sale in order to offer similar items to the bidders in that listing; or
(iii) make bids or make any payment using false information;
(d) you are responsible for ensuring that there are no restrictions (including but not limited to aspects such as time or fees) imposed by the travel operator on changing the booking of the Holiday that you list on the Site and for resolving any disputes with the travel operator about restrictions. If such restrictions do exist, Canny Travel is entitled to remove your listing from the Site and, if you continue to list Holidays with restrictions, to cancel all services;
(e) you must ensure that the relevant travel operator has received your prior written consent to a change of name before a Completed Sale (as defined below) where the travel operator requires prior written consent;
(f) you must give the relevant travel operator your written consent allowing the travel operator to disclose details of the Holiday to Canny Travel if Canny Travel contacts the travel operator to confirm the booking details for the Holiday; and
(g) you must provide written notification to the relevant travel operator confirming that Canny Travel may transfer the Holiday from your name to the buyer’s name within 24hrs of a Completed Sale and in any event no payment whatsoever will be made to you until the relevant travel operator has confirmed the transfer of the Holiday to the buyer’s name after a Completed Sale.
4.2 A seller who receives at least one bid at or above the stated minimum bid price must complete the transaction with the highest bidder on completion of the listing, unless:
(a) the buyer fails to meet the conditions of the seller’s listing (such as payment method); or
(b) the seller cannot authenticate the buyer’s identity.
5. When a sale is completed
5.1 A sale of a Holiday on the Site is completed where the buyer is the highest bidder at the end of an auction-style listing and the buyer’s bid is accepted by the seller (a “Completed Sale”).
5.2 When there is a Completed Sale and Canny Travel has received all required payments from the buyer, Canny Travel shall notify the relevant travel operator who is providing the Holiday of the name change to ensure that the buyer’s name replaces the seller’s name in relation to the Holiday.
6. Fees and Commission
6.1 Subscribing to Canny Travel and bidding on holidays is free. Any transactions undertaken on the Site will be subject to the following fees:
(a) a fee for every Holiday listed on the Site (the “Salvage Fee“);
(b) fees charged by the travel operator for the name change in order for the Holiday to be transferred from the seller’s name into the buyer’s name (the “Name Change Fee“);
(c) a booking administration fee charged per passenger following a Completed Sale (the “Buyer Fee”);
(d) any late payment fees required by Canny Travel or any other fees as are levied by the travel operator (the “Additional Fees“).
6.2 Additionally, on a Completed Sale, Canny Travel charges a percentage of the sum saved by the seller of the Holiday (the “Salvage Saving”) as commission (the “Commission”) and shall retain the Commission and other applicable fees by deducting such amounts from the Bid Price.
We may change these fees at any time, and any change will be effective after the expiry of 7 (seven) days following the date of posting on the Site (or such later date as we may notify). For the avoidance of doubt, the relevant fees are those notified to you when a listing is made and as notified to you on every subsequent re-listing. We may at our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective from the launch of the service.
6.3 Unless otherwise stated, all fees are payable in GB Pounds Sterling. Whether you are a business or not, value added tax (VAT) and other taxes may apply to your transaction. You are responsible for paying the fees associated with using our service and our Site as set out in these Terms along with all applicable taxes. You agree that we may issue you with invoices in electronic format by E-Mail.
7.1 Where there is a Completed Sale, the buyer shall within twenty four (24) hours of the date of the Completed Sale pay Canny Travel the following:
(a) the Bid Price;
(b) the Name Change Fee;
(c) the Buyer Fee and
(d) any Additional Fees.
7.2 Within fourteen (14) days of receiving payment from the buyer, Canny Travel shall, unless entitled to withhold a transfer under any provision of these Terms, transfer the Bid Price to the seller less the deductable Fees provided the seller has complied fully with the provisions of Clause 4.1.
7.3 The Seller is responsible for paying the Salvage Fee in the event that there is no Completed Sale.
7.4 The parties shall pay Canny Travel through any of the payment methods that Canny Travel shall make available from time to time.
7.5 Canny Travel shall only transfer sums to the account that the seller has notified to Canny Travel.
8. The Site is a venue
8.1 Canny Travel acts as an agent for the buyer in any transaction between a seller and buyer. Canny Travel is not an auctioneer. The Site acts as a venue which allows users to offer, sell, and buy Holidays. We undertake to authenticate all Deals provided by users but have no control over the quality of the holidays listed, the truth or accuracy of the listings, the ability of sellers to sell holidays or the ability of buyers to pay for holidays.
8.2 Do not assume that the offer, sale or purchase of any holiday is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that buyers and sellers actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.
9.1 Our services are not available to, and may not be used by, persons under the age of 18 years. If you are under 18 years old Canny Travel may, in certain circumstances, be able to offer you services. Please Contact Us if you wish to clarify eligibility.
9.2 You are responsible for any and all actions undertaken by you and shall only use the Site as yourself. You shall not permit, either directly or indirectly, any other person to use the Site or Services as you.
10.1 This Site contains information, text, data, graphics, photographs, illustrations, artwork, names, logos, trade marks and information about Canny Travel and on the goods and services Canny Travel affiliates provide (the “Information”).
10.2 The Site and Information is provided “as is” and on an “as available” basis only and Canny Travel does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Site or any of the Information contained therein or accessed therefrom. Canny Travel has tried to ensure that all the Information provided on the Site is correct at the time of publication. However no responsibility is accepted by or on behalf of Canny Travel for any errors, omissions, or inaccurate Information on the Site. Further, Canny Travel does not warrant that the Site will be uninterrupted or error free or that any defects will be corrected.
10.3 Although Canny Travel attempts to ensure that the Information contained in this Site is accurate and up-to-date, we accept no liability for the results of any action taken on the basis of the Information it contains and all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law. We do not attempt to exclude any rights you may otherwise have as a consumer that we cannot exclude as a matter of law.
10.4 Save in respect of death or personal injury resulting from our negligence or fraud, neither Canny Travel nor any of its directors, employees or other representatives will be liable for any loss you suffer including, without limitation, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise, arising out of or in connection with the use of this Site.
10.5 In the event that you have any right, claim or action against any other user arising from that user’s use of this Site, you agree to pursue such right, claim or action independently of and without recourse to us and you release Canny Travel (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
11. Computer Viruses, Worms and Trojan Horses
11.1 Whilst we use reasonable endeavours to protect this Site from computer viruses, worms, trojan horses and other such destructive features (the “Destructive Features”), we do not warrant that the Site is free from such Destructive Features and accept no liability for any damage that may result from the transmission of any Destructive Feature via this Site or via any files which are available for you to download from the Site. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
11.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Site or any service made available through it and that it is compatible with the Site.
12. Copyright and Reproduction
12.1 Except as is otherwise indicated on the Site, Canny Travel and/or its licensors own the copyright in all the Information featured on this Site and all related intellectual property rights, including but not limited to all database rights, unregistered and registered trade marks and logos.
12.2 You are permitted to download, print, store temporarily, retrieve and display Information from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to the network) for your personal use or for internal use within your organisation.
12.3 You are not permitted (except where you have been given express permission to do so or are otherwise permitted to do so by law) to adapt, modify, copy, reproduce, republish, disassemble, decompile, reverse engineer, create derivative works from, download, post, broadcast or transmit in any other way any of the Information on the Site.
13. Your Further Use of This Site
13.1 You further agree not to use any Information on the Site except to the extent necessary to enable you to use the Site and the services provided through it. You shall not use the Site for any immoral or illegal purpose. In particular you agree that you will not:
(a) use the Site for the posting or transmission of any unlawful, harmful, abusive, defamatory, obscene, pornographic, racially or ethnically objectionable material or any other such material;
(b) upload any files that contain any Destructive Features; or
(c) in any way damage, disable or impair the operation of the Site, or attempt to gain unauthorised access to the Site or to networks connected to it, by hacking, spoofing or other such similar means.
13.2 Canny Travel reserves the right at its sole discretion to delete or edit any uploaded material which in its opinion breaches the conditions of this article 13.1.
13.3 Canny Travel reserves the right at its sole discretion to suspend , deregister or terminate any users subscription to the Site where it suspects the user is in breach of its Terms and conditions of use.
13.4 Any visitor or site user with concerns about the content of the Site should make their concerns known by E-Mailing firstname.lastname@example.org.
14.2 Websites or web pages to which this Site is linked including affiliated websites are for information purposes only and have not necessarily been reviewed by Canny Travel. We accept no responsibility for the content of such sites or web pages, nor do we accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any website to which this Site is linked.
14.4 You may not frame, link or deep-link this Site to any other website without our prior written consent. Should you wish to frame or to set up a link / deep-link to our Site please E-Mail email@example.com.
15. Customer complaints or queries
15.1 In the event that you have any complaints or queries concerning our services, or about this Site generally, please contact us by E-Mail at firstname.lastname@example.org.
16. Verification and Control of Information
16.1 We use different techniques to verify the accuracy of the information our users provide to us when using the services on the Site. However, because user verification on the Internet is difficult, Canny Travel cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site.
16.2 We do not control the information provided by other users which is made available through this Site. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using this Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. Notwithstanding the provisions of article 13 above, by using this Site, you agree to accept such risks and agree that Canny Travel is not responsible for the acts or omissions of users on this Site.
17. Messageboards and Feedback
17.1 Users of the Site may submit material for publication in various areas of the site, including messageboards. We accept no liability in respect of any material submitted by users and published by us and we are not responsible for its content and accuracy.
17.2 If you submit material for publication (“Your Material”) on the Site, you agree that:
(a) publication of Your Material will be at the sole discretion of Canny Travel. We reserve the right to make additions or deletions to the text or graphics prior to publication, to refuse publication or remove Your Material;
(b) you grant Canny Travel an unlimited non-exclusive, perpetual, royalty-free, irrevocable, worldwide licence (including the right to grant sublicences) to use, copy, reproduce, modify, publish, translate, create derivative works from and distribute Your Material in any format, including but not limited to print and electronic format;
(c) you waive any moral rights in Your Material for the purposes of its submission to and publication on the Site;
(d) you warrant that Your Material is not obscene, unlawful, abusive, pornographic, racially or ethnically objectionable, offensive, defamatory of any person or otherwise illegal;
(e) you warrant to Canny Travel that Your Material is your own original work and that you own the copyright and any other relevant rights;
(f) you will not post material which is deliberately intended to upset other users;
(g) you shall comply with applicable laws, including but not limited to provisions on the protection of minors, provisions on the protection of intellectual property rights and provisions on the protection of personal rights;
(h) you will not upload files that contain any Destructive Features or software or other material not owned or licensed to you;
(i) you will not post any information which in Canny Travel’s opinion constitutes advertising; and
(j) you acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs (including legal costs), loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
17.3 You acknowledge that Canny Travel cannot control internet traffic. Accordingly, Canny Travel cannot guarantee that access to Your Material will be uninterrupted or entirely error free. Canny Travel will not be liable for any damage which may arise from interrupted access to Your Material, or from the loss of Your Material
17.4 You are fully responsible for Your Material and you authorise the use of Your Material for the purpose of publishing, displaying and advertising Your Material on the Site.
18. Your use of other user’s information
18.1 In order to facilitate interaction among all users of the Site, our service allows you limited access to other users’ contact information. As a seller you may have access to the name, E-Mail address and other contact information of the buyer or winning bidder(s), and as a buyer or winning bidder you may have access to the name, E-Mail address and other contact information of the seller.
18.2 By accepting these Terms, you agree that, with respect to other users’ personally identifiable information that you obtain through the Site or as otherwise connected with the Site, you may only use such information for:
(a) Canny Travel related communications that are not unsolicited commercial messages and relate to your genuine participation in any Canny Travel facilitated transaction,
(b) using services offered through Canny Travel (e.g. escrow, insurance, postal and fraud complaints), and
(c) any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s).
In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this clause, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel, and other rights holders are given different rights with respect to information they access.
18.3 Canny Travel and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a Canny Travel employee or a Canny Travel user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure..
19. Changes to the Terms
Canny Travel reserves the right, at its sole discretion, to make changes to any part of the Site, the Information or these Terms. Should these Terms be amended, we will publish details of the amendments on the Site. By continuing to use the Site you agree to be bound by these Terms as amended.
You agree to indemnify and hold Canny Travel and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
21.1 Without limiting any other remedies, we may suspend or terminate your services if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with this Site.
21.2 Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your services or any of your item listings and refuse to provide our services to you without notice to you:
(a) if you breach these Terms or the documents incorporated by reference;
(b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us;
(c) if we believe that your actions may cause us financial loss or legal liability;
(d) we believe that you are abusing the services in any way; or
(e) for any other reason at our sole discretion.
If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.
23. Events beyond our control
Canny Travel will not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control, including without limitation acts of god, war, terrorism or technical difficulties.
Unless otherwise specifically stated, notices to Travel Salvage Ltd trading as Canny Travel must be sent by registered mail to the registered office address, 1 Thorntree Avenue, Beith, Ayrshire, KA15 2ED and notices to you will be sent to the E-Mail address you provide to us or by registered mail. Travel Salvage Limited is a private limited company registered in Scotland with company number SC266197.
25. File Download
Certain files of Information are available for download from the Site. These files of Information are subject to these Terms.
26. Third Party Rights
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of these Terms but this does not affect any right or remedy of a third party specified in these Terms or which exists or is available apart from that Act.