These terms and conditions outline the rules and regulations for the use of Open4Fun's Website, located at www.open4fun.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Open4Fun if you do not agree to take all of the terms and conditions stated on this page.
Travel Waiver And Release
This Travel Waiver and Release (this "Agreement") is provided in consideration of the services provided to the undersigned by Open4fun LLC (“Open4fun”)
Open4fun has been engaged by the undersigned to provide travel-related services, such as but not limited to, tours, activities, and other travel-related arrangements and commitments for the undersigned (collectively, the “Services”).
As a condition to providing the Services, the undersigned acknowledges and agrees that Open4fun shall have no responsibility or liability of any kind in regard to the Services, and the undersigned waives and releases any and all such claims against Open4fun except for gross negligence.
The undersigned also acknowledges and agrees that each provider of products and/or services arranged by or through Open4fun, may have its own rules and restrictions regarding the provision of its travel-related products and services, including without limitation rules and policies relating to added restrictions due to COVID-19. The undersigned shall be responsible to satisfy all such rules and policies and release Open4fun from any liability of any kind as to the ultimate provision and quality of such travel-related products and services and the enforcement of any rules or policies by any such provider. The undersigned shall be responsible for fully satisfying all rules and policies of all third-party providers and shall look solely to the provider of all travel-related products and services as to any responsibility and/or liability in connection with all Services.
Delivery of an executed signature page of this Agreement by fax transmission or other electronic mail transmissions (e.g. "pdf" or "tif") shall be effective as delivery of a manually executed Agreement.
This Agreement is the entire agreement as to this subject matter, and all prior discussions and agreements are merged herein. This Agreement is the result of the parties’ discussions, and no rule of construction against the draftsman shall apply. This Agreement shall be governed by and construed and interpreted in accordance with, the Law of the State of New Jersey. All claims involving Open4fun with respect to this Agreement may be brought solely in any state or federal court in the State of New Jersey. This Agreement may not be amended, modified, or waived except by a written amendment or instrument signed by each party affected thereby.
Terms & Conditions
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on to this website and is compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Processing charges which can range from three to five percent, depending on the credit card you use, are taken from the payment gateways when you initially confirm your booking and are non-refundable.
Unless otherwise stated, Open4Fun and/or its licensors own the intellectual property rights for all material on Open4Fun. All intellectual property rights are reserved. You may access this from Open4Fun for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Open4Fun does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Open4Fun,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Open4Fun shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Open4Fun reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You hereby grant Open4Fun a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
The following organizations may link to our Website without prior written approval:
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Open4Fun; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Open4Fun. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
No use of Open4Fun's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.