5  LIABILITY FOR DAMAGES

SCCL shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from the use of or access to or inability to use or access, interruption or availability of the Website, its operation or transmission, computer viruses, loss of data or otherwise in respect of its use or the downloading or use of any software, including pdf files, made available by SCCL on the Website. By using or accessing the Website you shall indemnify SCCL from and against all claims, expenses, losses or liabilities (including professional fees and expenses) in connection with any claim by a third party relating to the use of the software or data or arising from such downloading as referred to above.

SCCL is not responsible for invalid destinations or transmission errors in, corruption of, or the security of information carried over telecommunications carriers’ or other providers’ facilities. SCCL has no liability for faulty or interrupted communication links.

For the avoidance of doubt, SCCL shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from the actions of any third party provider of automated secure payment [and delivery] system.

Because of the variety of sources from which SCCL obtains the content displayed on the Website (“Content”) including text, graphics, hypertext links or other items, the Content is provided on an “AS IS” basis excluding any warranty whatsoever, expressed or implied, including, but not limited to, warranties of satisfactory quality, fitness for any particular purpose or freedom from computer viruses. SCCL excludes any liability for (i) any errors in or omissions from the Content and (ii) any other websites linked to or from the Website.

SCCL excludes any warranty that the Website will be error free, free of viruses or uninterrupted.

As a condition of your use of the Website, you warrant to SCCL that you will not use the Website for any purpose that is unlawful or prohibited by the Terms. SCCL may suspend, block or terminate your access to the Website, in its absolute discretion.

The Website may be used to provide you with travel information, including inter alia journey planning, to assist you in determining the availability of travel-related services; to make reservations; to purchase tickets and for other bona fide purposes. You warrant that you [are at least [18] years of age and] possess the legal authority to enter into a binding contract (including instructing SCCL to collect any payments from a credit card [or billing account]) and to use the Website in accordance with the Terms. You agree to be financially responsible for all of your use of the Website (as well as for use of your account by others). You also warrant that all information supplied by you in using the Website is true and accurate. Without limitation, any speculative, false or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the ticket reservation and purchase facilities accessible via the Website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorised to act. You understand that abuse of the travel services and/or reservation and/or purchase facilities accessible via the Website may result in you being denied access to such facilities.

No contract will subsist between you and SCCL for the sale by it to you of any tickets unless and until:

(i) SCCL’s receipt of the purchase price for the tickets via the automated payment system utilised by SCCL, subject always to SCCL reserving the right to amend/correct any prices incorrectly stated on the Website. Such amendments shall only be made in the event of manifest error in respect of the price stated on the Website, and shall be notified to you forthwith. In the event of such price amendment, you shall be entitled to terminate the contract within 28 days of notification by SCCL; and

(ii) if following any price amendment as set out in Condition 9(i) above, SCCL accepts your order by e-mail. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time SCCL sends the e-mail to you (whether or not you receive that e-mail).

All bookings are subject to the Terms and SCCL’s standard conditions of carriage (“Conditions of Carriage”). You are strongly advised to read the Conditions of Carriage in addition to the Terms.

The Conditions of Carriage contain limits and exclusions relative to the liability of SCCL in respect of loss caused by breach of contract as well as in respect of loss or damage to luggage and/or its contents.

Any tickets purchased via the Website are in respect of the journey details of which are confirmed to you during the booking/purchase process and/or stated on the face of the ticket only.

When your booking has been confirmed your tickets will be despatched via the method selected when you make your booking or made available for collection from a designated location. It is your responsibility to check the tickets issued to you are accurate before you travel. SCCL is only responsible for tickets issued in accordance with your instructions.

In the event of you wishing to purchase tickets via the Website from a travel service operator other than SCCL, such a purchase shall be governed solely by the terms and conditions of such third party travel service operator. To the maximum extent permitted by law, SCCL disclaims all warranties as to the quality, fitness for purpose, title and non-infringement in respect of any such transaction between you and third party travel service provider. SCCL shall not be liable for any direct or indirect, special, incidental or consequential damages including any loss of profits, business, revenue or goodwill arising from any transaction between you and a third party travel service provider.

SCCL accepts no responsibility or liability in respect of any material displayed on any third party websites which are not under its control.

The Content is believed to be reliable when displayed. SCCL cannot guarantee that the Content will be accurate, complete and current at all times. All Content is subject to modification from time to time without notice.

SCCL reserves the right to make changes to any part of the Website and due to its policy of updating and improving the Website SCCL may wish to change the Terms. SCCL reserves the right to modify the Terms relating to the use of and access to the Website without prior notice. The amended Terms shall become effective immediately upon the posting of the amended Terms on the Website and the use of the Website by you on or after any such effective date shall constitute acceptance of such amended Terms.

The Terms shall be governed by and construed in accordance with the laws of Scotland and if you intend to take legal action in relation the Terms and/or the use of and/or access to the Website you agree that the Scottish courts shall have exclusive jurisdiction.

You will be responsible for all charges and relevant taxes arising out of the booking and/or purchase of tickets online via the Website.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SCCL as a result of the Terms or use of the Website.

SCCL’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of SCCL’s right to comply with any order of any court with the necessary authority.

The Terms and the Conditions of Carriage constitute the entire agreement between you and SCCL with respect to your use and access of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SCCL with respect to your use and access of the Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of the Terms is found to be invalid the validity of that provision shall not affect the validity of the remaining provisions of the Terms which shall remain in full force and effect.

You may not assign, sub-licence or otherwise transfer any of your rights under the Terms.

If SCCL or you fail to exercise any right or remedy available under the Terms such failure does not constitute a waiver of that right or remedy.
The Headings in the Terms are for convenience only and will have no legal meaning or effect.