Terms and Conditions

These Terms and Conditions apply to Your use of the Rest Romania websites. Access to and use of Website is provided by Rest Romania, subject to the following Terms and Conditions.

1.                Terms

a.    The English spelling "Rest Romania" and the Romanian spelling "Rest România", and all like phrases including these words shall be considered jointly the same phrase throughout the Rest Romania websites.

b.    "Rest Romania" is jointly Rest Romania SRL (an Australian business entity, with the registration number BN98184047, having the fiscal code ABN 47647451585) and Rest Rom SRL, (a Romanian business entity with the registration number J 40/525/18.01.2006, fiscal code RO18290365).

c.     "Website" and "Rest Romania Website" constitutes all websites owned or operated by Rest Romania, including but not limited to the main "RestRomania.com", "RestRomania.co.uk", "RestRomania.net", "RestRomania.com.au" and "RestRomania.ro" domains, and the ancillary sites listed under the "Rest Romania Websites" section of the webpage at http://www.restromania.com/Links.htm , which may be updated from time to time as content and domain names change.

d.    The user of the Website is defined as "You" or "Your" and the provider of Website (Rest Romania) is defined as "We", "Us" or "Our".

e.    "Operators" are entities (organisations and individuals) who operate or own tourism-based businesses such as transport, accommodation, tour companies and other like retailers who market to tourists, but not Agents.

f.      "Agents" are licensed or registered tourism agents, operating as individuals or companies, and other organisations or departments of organisations which are primarily involved in making travel arrangements for their clients (who may be other departments within the same organisation).

g.    "Operator websites" are those websites not under the editorial control of Rest Romania which are owned or controlled by Operators.

h.    "Agent websites" are those websites not under the editorial control of Rest Romania which are owned or controlled by Agents.  

i.       "Sponsored Content" is content which is under the majority editorial control of an Operator or Agent which resides on Rest Romania websites. 

j.      "Mirrored Content" is that content on any Rest Romania websites webpage written in another language, but intended to mirror the spirit and intent of another webpage faithfully without significant change of content or intent. Webpages containing mirrored content may also contain one or more blocks of localised targeted message, which are not necessarily mirrored content.

k.    "Free Content" is content not originally authored by Rest Romania, and is separately licenced under the GNU Free Documentation License.  Only the pages of the Website which include Free Content have a notice of such at the base of each page.

2.                Use - Use of Website constitutes your acceptance of these Terms and Conditions which shall take effect from the first date You access the Website. We reserve the right to change these Terms and Conditions at any time by posting those changes online.  In addition to the terms of this document, there are also specific and additional terms which may govern your use of, and access to, certain sections on the Website. Some sections of the Website are governed only by completely separate terms such as the GNU Free Documentation License.   Since you are also bound by these specific or separate terms, you should read them before using the particular section.  Any competitions, sales of products or services, and discussion forums which appear on the Website may also be subject to other specific terms, and links to our site are subject to our linking policy.

3.                Content – The Website is supplied to You by Us for personal information, entertainment and education. We do not represent or warrant that the information accessible via the Website is accurate, complete or current. Material on the Website, with the sole exception of Free Content, including photographs, images and text, may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires our prior written permission.  Rest Romania is in no way responsible in any way for the content of Operator websites, Agent websites, Sponsored content, or Free Content, all of which are owned and controlled by other parties.  Our inclusion of links to other websites is not an endorsement of any product, policy or assertion made by other parties.

4.                You agree not to adapt, alter or create a derivative work from any of the material contained in the Website or use it for any other purpose other than for your personal non-commercial use. You agree to use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Website by any third party. These restrictions or inhibitions include conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content.

5.                You must not post or transmit through the Website any defamatory, threatening, obscene, harmful or pornographic material or material which would violate or infringe in any way the rights of others (including intellectual property rights, rights of confidentiality, or rights of privacy) or cause distress or which do not comply with all relevant laws. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. We expect You to always treat other users with respect.

6.                Disclaimer – TO THE FULLEST EXTENT PERMITTED AT LAW, WE ARE PROVIDING THE WEBSITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO US OR OUR PRODUCTS AND SERVICES OR TO THIRD PARTY PRODUCTS AND SERVICES ON THE WEBSITE ON AN "AS IS" BASIS AND MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING NO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. WE WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM USE OR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE.

7.                Errors and Interruptions - We do not warrant that the functions contained in the material on the Website will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We assume no responsibility and cannot be liable for any damages to or viruses that may affect Your computer equipment or other property on account of Your access to, use of or from browsing the Website or Your downloading of any material, data, text, images, video or audio clips.

8.                Third Party Websites - You acknowledge and agree that We are not responsible for the availability of any third party websites or material You access through the Website, and We do not endorse and are not responsible or liable for any content, advertising, products or services on or available from those websites or that material, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available on or available from those websites or material. Any dealings between You and any advertisers or merchants found on or via the Website, including payment for and delivery of products, services and any other terms, conditions, warranties or representations, associated with such dealings, are solely between You and the relevant advertiser or merchant. You agree not to hold Us liable for any loss or damage of any kind incurred as the result of any such dealings.   The cross-promotion and cross-linking of websites, domains, and shared use of the names and business images, logos and symbols of any Party in any manner whatsoever shall never constitute endorsement of the products or services of the other Party.

9.                Logos - The names, images and logos identifying Rest Romania, third parties and their works, products and services are proprietary marks of Rest Romania SRL (Australia) and Rest Rom SRL (Romania), and its subsidiaries and/or third parties. Nothing in the Website shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trade mark or patent of those names, images and/or logos to You, or any other third party. All rights including copyright and database rights in this Website and its contents are owned or licensed to Us.

10.          Submission of Content - Where You are invited to submit any content to the Website (excluding sections of  Free Content), including any text, graphics, video or audio ("Submission") You are required by your submission of the Submission to grant Us a perpetual, royalty-free, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to the Submission worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Submission. If You do not wish to grant these rights to Us please do not submit Your Submission to the Website. By submitting Your Submission to Website, You warrant that:

a.    (original) the Submission is original and You are the copyright owner;

b.    (no infringement) nothing in the Submission is obscene, libellous, blasphemous of or infringes any performer's right, any performer's property right, any moral right, any right of copyright, right of privacy, right of publicity or any other right whatever of any third party;

c.     (no restrictions or payment) We can use, broadcast, transmit and otherwise exploit the Submission and exercise the rights granted in this agreement without restriction or payment to You or any third parties and You waive all so-called moral rights in the Submission; and

d.    (third parties) You have obtained all necessary consents and releases from all individuals entitled or required to give such permission in respect of the Submission and its use by Us and that neither the Submission nor the reproduction of it by Us will infringe any rights of any third party.

11.          (This section applies  to residents of Australia) The Trade Practices Act (Cth) 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by Us of goods and services on the Website which cannot be excluded, restricted or modified. We do not exclude any non-excludable rights but does exclude all other warranties implied by custom, law or statute.

a.    Under no circumstances (including but not limited to any act or omission on the part of Us or Our Affiliates) shall We be liable for any indirect, incidental, special and/or consequential loss whatsoever which result from any use or access of, or any inability to use the Website or any content. You expressly acknowledge and agree that We do not control users of the Website and is not liable either for their opinions or their behaviour including any information and any defamatory statements or offensive conduct.

b.    To the fullest extent permitted by law, Our liability for breach of any implied warranties which cannot be excluded is limited at the option of Us to the following:

c.     In the case of services supplied by Us, the resupply of the services or the payment of the cost of having services supplied again; and

d.    In the case of goods supplied by Us, the replacement of the good supplied with the supply of equivalent goods, the repair of such goods, the payment of the cost of the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

12.          Indemnity - You agree to indemnify Us immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by You or any other liabilities arising out of Your use of the Website.

13.          Termination - We shall have the right immediately to terminate Your use of the Website if We determine in Our sole discretion that You have breached these Terms and Conditions or otherwise been engaged in conduct which We determine in Our sole discretion to be unacceptable.

14.          Invalidity - If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

15.          Governing Law - These Terms and Conditions shall be governed by and construed in accordance with the laws of Australia and New South Wales. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Australia and New South Wales. Where a translated version of any term or condition (including this document) differs from the English version, the English meaning and intent shall prevail. 

16.          Non-Acceptance - If these Terms and Conditions are not accepted in full, You do not have permission to access the Website and should cease using the Website immediately.

17.          Privacy - We shall comply with applicable Privacy protection legislation from time to time in place in respect of any personal information relating to You gathered by Us. You may be asked to input various basic information about yourself on different pages of the Website. We will use this information in accordance with our Privacy Policy.

18.          Linguistic Differences - Where a clause, definition, stipulation, statement or policy is in any way in conflict with a similarly intended phrase in mirrored content, the translation and meaning that more closely favours the interests, aims and objectives of Rest Romania shall prevail in all circumstances. 

19.      Idea Submissions - Our policy is to not accept unsolicited ideas about new marketing, advertising, product, and/or packaging concepts and/or improvements. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message, post a message on our Rest Romania Travel Forum, or communicate with us in any other way through our website, electronically, or otherwise about a proposed new idea, your message, post, conversation or other communication will be treated as non-proprietary and non-confidential and becomes our property and may or may not be used by us for any purpose without compensation to you.

20.   Travel Advice and Arrangements - We are not a travel agency or tour operator but a travel guide and trip planning website, and as such may respond to your specific requests for advice and clarification or expansion of our webpage information to foster independent travel in Romania.  Any fees collected for such advice do not warrant the advice is wholly suitable or error-free for any intended purpose.  We are not responsible for the travel-related goods and/or services you elect to purchase at any time, whether on the basis of our comments and advice or not.  Any pricing information we provide you is without warranty as to its accuracy and you are responsible for verifying all pricing and arrangements directly with the service providers.