Terms and Conditions of elysianbooking.com
These Terms govern
·
the use of this
Application, and,
·
any other related Agreement
or legal relationship with the Owner
in a legally binding
way. Capitalized words are defined in the relevant dedicated section of this
document.
The User must read this
document carefully.
This Application is provided by:
Elysian Design Studios DBA Elysian Booking
4445 Corporation Lane Suite 264, Virginia Beach, VA 23462
Owner contact email: support@elysianbooking.com
What the User should
know at a glance
·
Please note that some
provisions in these Terms may only apply to certain categories of Users. In
particular, certain provisions may only apply to Consumers or to those Users
that do not qualify as Consumers. Such limitations are always explicitly
mentioned within each affected clause. In the absence of any such mention,
clauses apply to all Users.
·
The right of withdrawal
only applies to European Consumers. The right of withdrawal, also commonly
called the right of cancellation in the UK, is consistently referred to as “the
right of withdrawal” within this document.
·
Usage of this Application
and the Service is age restricted: to access and use this Application and its Service the User must be an
adult under applicable law.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in
this section apply generally when using this Application.
Single or additional conditions of use or access may apply
in specific scenarios and in such cases are additionally indicated within this
document.
By using this Application, Users confirm to meet the
following requirements:
·
There are no
restrictions for Users in terms of being Consumers or Business Users;
·
Users must be recognized
as adult by applicable law;
Account registration
To use the Service Users must register or create a User
account, providing all required data or information in a complete and truthful
manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials
confidential and safe. For this reason, Users are also required to choose
passwords that meet the highest standards of strength permitted by this
Application.
By registering, Users agree to be fully responsible for all
activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the
contact details indicated in this document, if they think their personal
information, including but not limited to User accounts, access credentials or
personal data, have been violated, unduly disclosed or stolen.
Account termination
Users can terminate their account and stop using the
Service at any time by doing the following:
·
By directly contacting
the Owner at the contact details provided in this document.
Account suspension and
deletion
The Owner reserves the right, at its sole discretion, to
suspend or delete at any time and without notice, User accounts which it deems
inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not
entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes
attributable to the User does not exempt the User from paying any applicable
fees or prices.
Content on this
Application
Unless where otherwise specified or clearly recognizable,
all content available on this Application is owned or provided by the Owner or
its licensors.
The Owner undertakes its utmost effort to ensure that the
content provided on this Application infringes no applicable legal provisions
or third-party rights. However, it may not always be possible to achieve such a
result.
In such cases, without prejudice to any legal prerogatives of Users to enforce
their rights, Users are kindly asked to preferably report related complaints
using the contact details provided in this document.
Rights regarding content
on this Application - All rights reserved
The Owner holds and reserves all intellectual property
rights for any such content.
Users may not therefore use such content in any way that is
not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy,
download, share (beyond the limits set forth below), modify, translate,
transform, publish, transmit, sell, sublicense, edit, transfer/assign to third
parties or create derivative works from the content available on this
Application, nor allow any third party to do so through the User or their
device, even without the User's knowledge.
Where explicitly stated on this Application, the User may
download, copy and/or share some content available through this Application for
its sole personal and non-commercial use and provided that the copyright
attributions and all the other attributions requested by the Owner are
correctly implemented.
Any applicable statutory limitation or exception to
copyright shall stay unaffected.
Content provided by
Users
The Owner allows Users to upload, share or provide their
own content to this Application.
By providing content to this Application, Users confirm
that they are legally allowed to do so and that they are not infringing any
statutory provisions and/or third-party rights.
Rights regarding content
provided by Users
Users acknowledge and accept that by providing their own
content on this Application they grant the Owner a non-exclusive, fully paid-up
and royalty-free license to process such content solely for the operation and
maintenance of this Application as contractually required.
To the extent permitted by applicable law, Users waive any
moral rights in connection with content they provide to this Application.
Users acknowledge, accept and confirm that all content they
provide through this Application is provided subject to the same general
conditions set forth for content on this Application.
Liability for provided
content
Users are solely liable for any content they upload, post,
share, or provide through this Application. Users acknowledge and accept
that the Owner does not filter
or moderate such content.
However, the Owner reserves the right to remove, delete or
block such content at its own discretion and, without prior notice, to deny the
uploading User access to this Application:
·
upon becoming aware of
any (alleged) violation of these Terms, any third-party rights, or applicable
law, based on such content;
·
if a notice of
infringement of intellectual property rights is received;
·
if a notice of violation
of a third party’s privacy, including their intimate privacy, is received;
·
upon order of a public
authority; or
·
where the Owner is made
aware that the content, while being accessible via this Application, may
represent a risk for Users, third parties and/or the availability of the
Service.
The removal, deletion or blocking of content shall not
entitle Users that have provided such content or that are liable for it, to any
claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any
claim asserted and/or damage suffered due to content they provided to or
provided through this Application.
Access to external
resources
Through this Application Users may have access to external
resources provided by third parties. Users acknowledge and accept that the
Owner has no control over such resources and is therefore not responsible for
their content and availability.
Conditions applicable to any resources provided by third
parties, including those applicable to any possible grant of rights in content,
result from each such third parties’ terms and conditions or, in the absence of
those, applicable statutory law.
In particular, on this Application Users may see
advertisements provided by third parties. The Owner does not control or
moderate the advertisements displayed via this Application. If Users click on
any such advertisement, they will be interacting with any third party
responsible for that advertisement.
The Owner is not responsible for any matters resulting from
such interaction with third parties, such as anything resulting from visiting
third-party websites or using third-party content.
Acceptable use
This Application and the Service may only be used within
the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use
of this Application and/or the Service violates no applicable law, regulations
or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect
its legitimate interests including by denying Users access to this Application
or the Service, terminating contracts, reporting any misconduct performed
through this Application or the Service to the competent authorities – such as
judicial or administrative authorities - whenever Users engage or are suspected
to engage in any of the following activities:
·
violate laws,
regulations and/or these Terms;
·
infringe any third-party
rights;
·
considerably impair the
Owner’s legitimate interests;
·
offend the Owner or any
third party.
“Tell-a-friend”
This Application gives Users the opportunity to receive
advantages if, as a result of their recommendation, any new User purchases a
Product offered on this Application.
In order to take advantage of this offer, Users may invite others to purchase
the Products on this Application by sending them a tell-a-friend code provided
by the Owner. Such codes can only be redeemed once.
If upon purchase of the Products on this Application any of the persons invited
redeems a tell-a-friend code, the inviting User shall receive the advantage or
benefit (such as: a price reduction, an additional service feature, an upgrade
etc.) specified on this Application.
Tell-a-friend codes may be limited to specific Products among those offered on
this Application.
The Owner reserves the right to end the offer at any time
at its own discretion.
While no general limitation applies to the number of
persons that can be invited, the amount of advantage or benefit that each
inviting User can receive, may be limited.
Software license
Any intellectual or industrial property rights, and any
other exclusive rights on software or technical applications embedded in or
related to this Application are held by the Owner and/or its licensors.
Subject to Users’ compliance with and notwithstanding any
divergent provision of these Terms, the Owner merely grants Users a revocable,
non-exclusive, non-sublicensable and non-transferable license to use the
software and/or any other technical means embedded in the Service within the
scope and for the purposes of this Application and the Service offered.
This license does not grant Users any rights to access,
usage or disclosure of the original source code. All techniques, algorithms,
and procedures contained in the software and any documentation thereto related
is the Owner’s or its licensors’ sole property.
All rights and license grants to Users shall immediately
terminate upon any termination or expiration of the Agreement.
TERMS AND CONDITIONS OF
SALE
Paid Products
Some of the Products provided on this Application, as part
of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the
purchase of such Products are described below and in the dedicated sections of
this Application.
Product description
Prices, descriptions or availability of Products are
outlined in the respective sections of this Application and are subject to
change without notice.
While Products on this Application are presented with the
greatest accuracy technically possible, representation on this Application
through any means (including, as the case may be, graphic material, images,
colors, sounds) is for reference only and implies no warranty as to the
characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined
during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission
form part of the purchasing process.
The purchasing process includes these steps:
·
Users must choose the
desired Product and verify their purchase selection.
·
After having reviewed
the information displayed in the purchase selection, Users may place the order
by submitting it.
Order submission
When the User submits an order, the following applies:
·
The submission of an
order determines contract conclusion and therefore creates for the User the
obligation to pay the price, taxes and possible further fees and expenses, as
specified on the order page.
·
In case the purchased
Product requires an action from the User, such as the provision of personal
information or data, specifications or special wishes, the order submission
creates an obligation for the User to cooperate accordingly.
·
Upon submission of the
order, Users will receive a receipt confirming that the order has been
received.
All notifications related to the described purchasing
process shall be sent to the email address provided by the User for such
purposes.
Prices
Users are informed during the purchasing process and before
order submission, about any fees, taxes and costs (including, if any, delivery
costs) that they will be charged.
Prices on this Application are displayed:
·
either exclusive or
inclusive of any applicable fees, taxes and costs, depending on the section the
User is browsing.
Offers and discounts
The Owner may offer discounts or provide special offers for
the purchase of Products. Any such offer or discount shall always be subject to
the eligibility criteria and the terms and conditions set out in the
corresponding section of this Application.
Offers and discounts are always granted at the Owner’s sole
discretion.
Repeated or recurring offers or discounts create no
claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid
for a limited time only or while stocks last. If an offer or discount is
limited by time, the time indications refer to the time zone of the Owner, as
indicated in the Owner’s location details in this document, unless otherwise
specified.
Coupons
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs,
the Owner can legitimately refuse to fulfill its contractual obligations and
expressly reserves the right to take appropriate legal action to protect its
rights and interests.
Notwithstanding the provisions below, any additional or
diverging rules applicable to using the Coupon displayed in the corresponding
information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of
Coupons:
·
Each Coupon is only
valid when used in the manner and within the timeframe specified on the website
and/or the Coupon;
·
A Coupon may only be
applied, in its entirety, at the actual time of purchase – partial use is not
permitted;
·
Unless otherwise stated,
single-use Coupons may only be used once per purchase and therefore may only be
applied a single time even in cases involving installment-based purchases;
·
A Coupon cannot be
applied cumulatively;
·
The Coupon must be
redeemed exclusively within the time specified in the offer. After this period,
the Coupon will automatically expire, precluding any possibility for the User
to claim the relevant rights, including cash-out;
·
The User is not entitled
to any credit/refund/compensation if there is a difference between the value of
the Coupon and the redeemed value;
·
The Coupon is intended
solely for non–commercial use. Any reproduction, counterfeiting and commercial
trade of the Coupon is strictly forbidden, along with any illegal activity
related to the purchase and/or use of the Coupon.
Methods of payment
Information related to accepted payment methods are made
available during the purchasing process.
Some payment methods may only be available subject to
additional conditions or fees. In such cases related information can be found
in the dedicated section of this Application.
All payments are independently processed through
third-party services. Therefore, this Application does not collect any payment
information – such as credit card details – but only receives a notification
once the payment has been successfully completed.
If a payment through the available methods fails or is
refused by the payment service provider, the Owner shall be under no obligation
to fulfill the purchase order. If a payment fails or is refused, the Owner
reserves the right to claim any related expenses or damages from the User.
Authorization for future
PayPal payment
If Users authorize the PayPal feature which allows future
purchases, this Application will store an identification code linked to the
Users’ PayPal account. This will authorize this Application to automatically
process payments for future purchases or recurring installments of past
purchases.
This authorization can be revoked at any time, either by
contacting the Owner or by changing the user settings offered by PayPal.
Retention of Product
ownership
Until payment of the total purchase price is received by
the Owner, any Products ordered shall not become the User’s property.
Retention of usage
rights
Users do not acquire any rights to use the purchased
Product until the total purchase price is received by the Owner.
Delivery
Delivery of digital
content
Unless otherwise stated, digital content purchased on this
Application is delivered via download on the device(s) chosen by Users.
Users acknowledge and accept that in order to download
and/or use the Product, the intended device(s) and its respective software
(including operating systems) must be legal, commonly used, up-to-date, and
consistent with current market-standards.
Users acknowledge and accept that the ability to download
the purchased Product may be limited in time and space.
User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to
withdraw from the contract within the period specified below (generally 14
days), for any reason and without justification. Users can learn more about the
withdrawal conditions within this section.
Who the right of
withdrawal applies to
Unless any applicable exception is mentioned below, Users
who are European Consumers are granted a statutory cancellation right under EU
rules, to withdraw from contracts entered into online (distance contracts)
within the specified period applicable to their case, for any reason and
without justification.
Users that do not fit this qualification, cannot benefit
from the rights described in this section.
Exercising the right of
withdrawal
To exercise their right of withdrawal, Users must send to
the Owner an unequivocal statement of their intention to withdraw from the
contract.
To this end, Users may use the model withdrawal form
available from within the “definitions” section of this document. Users are,
however, free to express their intention to withdraw from the contract by
making an unequivocal statement in any other suitable way. In order to meet the
deadline within which they can exercise such right, Users must send the
withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
·
In case of purchase of a
digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day
that the contract is entered into, unless the User has waived the withdrawal
right.
Effects of withdrawal
Users who correctly withdraw from a contract will be
reimbursed by the Owner for all payments made to the Owner, including, if any,
those covering the costs of delivery.
However, any additional costs resulting from the choice of
a particular delivery method other than the least expensive type of standard
delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and,
in any event, no later than 14 days from the day on which the Owner is informed
of the User’s decision to withdraw from the contract. Unless otherwise agreed
with the User, reimbursements will be made using the same means of payment as
used to process the initial transaction. In any event, the User shall not incur
any costs or fees as a result of such reimbursement.
Liability and
indemnification
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any
guarantee, condition, warranty, right or remedy which the User may have under
the Competition and Consumer Act 2010 (Cth) or any similar State and Territory
legislation and which cannot be excluded, restricted or modified
(non-excludable right). To the fullest extent permitted by law, our liability
to the User, including liability for a breach of a non-excludable right and
liability which is not otherwise excluded under these Terms of Use, is limited,
at the Owner’s sole discretion, to the re-performance of the services or the
payment of the cost of having the services supplied again.
US Users
Disclaimer of Warranties
This Application is
provided strictly on an “as is” and “as available” basis. Use of the Service is
at Users’ own risk. To the maximum extent permitted by applicable law, the
Owner expressly disclaims all conditions, representations, and warranties —
whether express, implied, statutory or otherwise, including, but not limited
to, any implied warranty of merchantability, fitness for a particular purpose,
or non-infringement of third-party rights. No advice or information, whether
oral or written, obtained by user from owner or through the Service will create
any warranty not expressly stated herein.
Without limiting the
foregoing, the Owner, its subsidiaries, affiliates, licensors, officers,
directors, agents, co-branders, partners, suppliers and employees do not
warrant that the content is accurate, reliable or correct; that the Service will
meet Users’ requirements; that the Service will be available at any particular
time or location, uninterrupted or secure; that any defects or errors will be
corrected; or that the Service is free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of the Service is
downloaded at users own risk and users shall be solely responsible for any
damage to Users’ computer system or mobile device or loss of data that results
from such download or Users’ use of the Service.
The Owner does not
warrant, endorse, guarantee, or assume responsibility for any product or
service advertised or offered by a third party through the Service or any
hyperlinked website or service, and the Owner shall not be a party to or in any
way monitor any transaction between Users and third-party providers of products
or services.
The Service may become
inaccessible or it may not function properly with Users’ web browser, mobile
device, and/or operating system. The owner cannot be held liable for any
perceived or actual damages arising from Service content, operation, or use of
this Service.
Federal law, some states,
and other jurisdictions, do not allow the exclusion and limitations of certain
implied warranties. The above exclusions may not apply to Users. This Agreement
gives Users specific legal rights, and Users may also have other rights which
vary from state to state. The disclaimers and exclusions under this agreement
shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent
permitted by applicable law, in no event shall the Owner, and its subsidiaries,
affiliates, officers, directors, agents, co-branders, partners, suppliers and
employees be liable for
·
any indirect, punitive,
incidental, special, consequential or exemplary damages, including without
limitation damages for loss of profits, goodwill, use, data or other intangible
losses, arising out of or relating to the use of, or inability to use, the
Service; and
·
any damage, loss or injury
resulting from hacking, tampering or other unauthorized access or use of the
Service or User account or the information contained therein;
·
any errors, mistakes, or
inaccuracies of content;
·
personal injury or
property damage, of any nature whatsoever, resulting from User access to or use
of the Service;
·
any unauthorized access to
or use of the Owner’s secure servers and/or any and all personal information
stored therein;
·
any interruption or
cessation of transmission to or from the Service;
·
any bugs, viruses, trojan
horses, or the like that may be transmitted to or through the Service;
·
any errors or omissions in
any content or for any loss or damage incurred as a result of the use of any
content posted, emailed, transmitted, or otherwise made available through the
Service; and/or
·
the defamatory, offensive,
or illegal conduct of any User or third party. In no event shall the Owner, and
its subsidiaries, affiliates, officers, directors, agents, co-branders,
partners, suppliers and employees be liable for any claims, proceedings,
liabilities, obligations, damages, losses or costs in an amount exceeding the
amount paid by User to the Owner hereunder in the preceding 12 months, or the
period of duration of this agreement between the Owner and User, whichever is
shorter.
This limitation of
liability section shall apply to the fullest extent permitted by law in the
applicable jurisdiction whether the alleged liability is based on contract,
tort, negligence, strict liability, or any other basis, even if company has
been advised of the possibility of such damage.
Some jurisdictions do not
allow the exclusion or limitation of incidental or consequential damages,
therefore the above limitations or exclusions may not apply to User. The terms
give User specific legal rights, and User may also have other rights which vary
from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations
of liability under the terms shall not apply to the extent prohibited by
applicable law.
Indemnification
The User agrees to defend,
indemnify and hold the Owner and its subsidiaries, affiliates, officers,
directors, agents, co-branders, partners, suppliers and employees harmless from
and against any and all claims or demands, damages, obligations, losses,
liabilities, costs or debt, and expenses, including, but not limited to, legal
fees and expenses, arising from
·
User’s use of and access
to the Service, including any data or content transmitted or received by User;
·
User’s violation of these
terms, including, but not limited to, User’s breach of any of the
representations and warranties set forth in these terms;
·
User’s violation of any
third-party rights, including, but not limited to, any right of privacy or
intellectual property rights;
·
User’s violation of any
statutory law, rule, or regulation;
·
any content that is
submitted from User’s account, including third party access with User’s unique
username, password or other security measure, if applicable, including, but not
limited to, misleading, false, or inaccurate information;
·
User’s wilful misconduct;
or
·
statutory provision by
User or its affiliates, officers, directors, agents, co-branders, partners,
suppliers and employees to the extent allowed by applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under
these Terms shall not constitute a waiver of any such right or provision. No
waiver shall be considered a further or continuing waiver of such term or any
other term.
Service interruption
To ensure the best possible service level, the Owner
reserves the right to interrupt the Service for maintenance, system updates or
any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to
suspend or discontinue the Service altogether. If the Service is discontinued,
the Owner will cooperate with Users to enable them to withdraw Personal Data or
information and will respect Users' rights relating to continued product use
and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to
reasons outside the Owner’s reasonable control, such as “force majeure” events(
infrastructural breakdowns or blackouts etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or
exploit any portion of this Application and of its Service without the Owner’s
express prior written permission, granted either directly or through a
legitimate reselling programme.
Privacy policy
To learn more about the use of their Personal Data, Users
may refer to the privacy policy of this Application.
Intellectual property
rights
Without prejudice to any more specific provision of these
Terms, any intellectual property rights, such as copyrights, trademark rights,
patent rights and design rights related to this Application are the exclusive
property of the Owner or its licensors and are subject to the protection
granted by applicable laws or international treaties relating to intellectual
property.
All trademarks — nominal or figurative — and all other
marks, trade names, service marks, word marks, illustrations, images, or logos
appearing in connection with this Application are, and remain, the exclusive
property of the Owner or its licensors and are subject to the protection
granted by applicable laws or international treaties related to intellectual
property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify
these Terms at any time. In such cases, the Owner will appropriately inform the
User of these changes.
Such changes will only affect the relationship with the
User for the future.
The continued use of the Service will signify the User’s
acceptance of the revised Terms. If Users do not wish to be bound by the
changes, they must stop using the Service. Failure to accept the revised Terms,
may entitle either party to terminate the Agreement.
The applicable previous version will govern the
relationship prior to the User's acceptance. The User can obtain any previous
version from the Owner.
If required by applicable law, the Owner will specify the
date by which the modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose
of by novation, or subcontract any or all rights or obligations under these
Terms, taking the User’s legitimate interests into account. Provisions
regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or
obligations under these Terms in any way, without the written permission of the
Owner.
Contacts
All communications relating to the use of this Application
must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become
invalid or unenforceable under applicable law, the invalidity or
unenforceability of such provision shall not affect the validity of the
remaining provisions, which shall remain in full force and effect.
US Users
Any such invalid or unenforceable provision will be
interpreted, construed and reformed to the extent reasonably required to render
it valid, enforceable and consistent with its original intent. These Terms
constitute the entire Agreement between Users and the Owner with respect to the
subject matter hereof, and supersede all other communications, including but
not limited to all prior agreements, between the parties with respect to such
subject matter. These Terms will be enforced to the fullest extent permitted by
law.
EU Users
Should any provision of these Terms be or be deemed void,
invalid or unenforceable, the parties shall do their best to find, in an
amicable way, an agreement on valid and enforceable provisions thereby
substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions
shall be replaced by the applicable statutory provisions, if so permitted or
stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or
the impossibility to enforce a particular provision of these Terms shall not
nullify the entire Agreement, unless the severed provisions are essential to
the Agreement, or of such importance that the parties would not have entered
into the contract if they had known that the provision would not be valid, or
in cases where the remaining provisions would translate into an unacceptable
hardship on any of the parties.
Governing law
These Terms are governed by the law of the place where the
Owner is based, as disclosed in the relevant section of this document, without
regard to conflict of laws principles.
Prevalence of national
law
However, regardless of the above, if the law of the country
that the User is located in provides for a higher applicable consumer
protection standard, such higher standards shall prevail.
Venue of jurisdiction
The exclusive competence to decide on any controversy
resulting from or connected to these Terms lies with the courts of the place
where the Owner is based, as displayed in the relevant section of this
document.
Exception for European
Consumers
The above does not apply to any Users that qualify as
European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.
Dispute resolution
Amicable dispute
resolution
Users may bring any disputes to the Owner who will try to
resolve them amicably.
While Users' right to take legal action shall always remain
unaffected, in the event of any controversy regarding the use of this
Application or the Service, Users are kindly asked to contact the Owner at the
contact details provided in this document.
The User may submit the complaint including a brief
description and if applicable, the details of the related order, purchase, or
account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay
and within 2 days of receiving it.
Online dispute
resolution for Consumers
The European Commission has established an online platform
for alternative dispute resolutions that facilitates an out-of-court method for
solving disputes related to and stemming from online sale and service
contracts.
As a result, any European Consumer or Consumer based in
Norway, Iceland, or Liechtenstein can use such platform for resolving disputes
stemming from contracts which have been entered into online. The platform
is available at the following link.
Definitions and legal references
This Application (or this Application)
The property that
enables the provision of the Service.
Agreement
Any legally binding or
contractual relationship between the Owner and the User, governed by these
Terms.
Business User
Any User that does not
qualify as a Consumer.
Coupon
Any code or voucher, in
print or electronic form, which allows the User to purchase the Product at a
discounted price.
European (or Europe)
Applies where a User,
regardless of nationality, is in the EU.
Example withdrawal form
Addressed to:
Elysian Design Studios DBA
Elysian Booking 4445 Corporation Lane Suite 264, Virginia Beach, VA 23462
support@elysianbooking.com
I/We hereby give notice
that I/we withdraw from my/our contract of sale of the following goods/for the
provision of the following service:
_____________________________________________
(insert a description of the goods/services that are subject to the respective
withdrawal)
·
Ordered on:
_____________________________________________ (insert the date)
·
Received on:
_____________________________________________ (insert the date)
·
Name of
consumer(s):_____________________________________________
·
Address of
consumer(s):_____________________________________________
·
Date:
_____________________________________________
(sign if this form is
notified on paper)
Owner (or We)
Indicates the natural
person(s) or legal entity that provides this Application and/or the Service to
Users.
Product
A good or service
available for purchase through this Application, such as e.g. physical goods,
digital files, software, booking services etc.
The sale of Products may
be part of the Service.
Service
The service provided by
this Application as described in these Terms and on this Application.
Terms
All provisions
applicable to the use of this Application and/or the Service as described in
this document, including any other related documents or agreements, and as
updated from time to time.
User (or You)
Indicates any natural
person or legal entity using this Application.
Consumer
Consumer is any User qualifying as such under
applicable law.
Latest update: May 19, 2023