Website Terms of Use
Last updated December 20071. Introduction
BIA makes this Site available to you to provide information about its
airport, its business and about certain products and services available. We
have also provided information about travel services provided by our
business partners which might be of interest to you.
Please read these Terms of Use (as defined below) carefully. Your access
to, and use of, the website of Bristol International Airport Limited
("BIA") with all URLs being http://www.bristolairport.co.uk or
derivations thereof (the "Site") is provided by and is subject to
the terms and conditions set out herein and in our Privacy
Policy ("Terms of Use") and all applicable laws and
regulations. By accessing and using the Site, you accept, without
limitation or qualification, these Terms of Use, and acknowledge that any
other agreements between you and BIA are superseded with respect to this
subject matter. If you do not agree and accept, without limitation or
qualification, these Terms of Use, then please exit the Site. By continuing
to use the Site you are deemed to accept the Terms of Use (as amended from
time to time). We may change the Terms of Use at any time at our sole
discretion and your continued use of the Site after any such changes are
made, will indicate your agreement to those varied terms. For the purposes
of the Terms of Use "we", "our" and "us"
refers to BIA and any reference to "you" or "your"
means you, the user.
2. Ownership of Content
The Site and all of its contents including, but not limited to, the text, Site (as well as the organisation and layout of the Site), design, logos, graphics, icons and images (the "Content") are owned and copyrighted by BIA or others (including our licensors) with all rights reserved unless otherwise noted. All trade marks, copyright, database rights, design rights, patents and other intellectual property rights (together "the Rights") in the Content and the Rights in any software or underlying software code that is made available for download from the Site ("Software") are owned by us or our licensors. Any Content that is a trademark, logo or service mark is also a registered or unregistered trademark of BIA and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any Rights of BIA or any other third party. Where the Content is owned or copyrighted by a third party, certain restrictions may apply that you have to comply with. Where these apply, they will be indicated on the relevant part of this Site. Your use of any Content, except as provided in these Terms of Use, without the written permission of BIA is strictly prohibited. You are also advised that BIA will enforce their intellectual property rights to the fullest extent permitted by the law, including the seeking of criminal prosecution.
3. Contributions to the Site
Where you are invited to submit any contribution to the Site (including any
text, photographs, graphics, video or audio) you agree, by submitting your
contribution, to grant BIA a perpetual, royalty-free, non-exclusive,
sub-licensable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, play, make
available to the public, and exercise all copyright and publicity rights
with respect to your contribution worldwide and/or to incorporate your
contribution in other works in any media now known or later developed for
the full term of any rights that may exist in your contribution, and in
accordance with privacy restrictions set out in the Site's Privacy
Policy. If you do not want to grant to BIA the rights set out
above, please do not submit your contribution to the Site.
Furthermore, by submitting your contribution to the Site, you warrant that
your contribution:
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is your own original work and that you have the right to make it available to BIA for all the purposes specified above;
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is not defamatory; and
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does not infringe any law; and
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indemnify BIA against all legal fees, damages and other expenses that may be incurred by BIA as a result of your breach of the above warranty; and
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waive any moral rights in your contribution for the purposes of its submission to and publication on the Site and for the purposes specified above.
4. Your Use the Site
BIA hereby grants you permission to use the Site as follows:
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you may download the Content, but only for informational, non-commercial, non-profitable and personal use and provided that you do not remove, adapt, alter or obscure any of the information, Content or notices (such as copyright and other proprietary notices) contained on the Content. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Content (including, but not limited to, "caching" any material on the Site for access by third parties or "mirroring" any material on the Site) in any way except for your own personal, non-commercial use. Any other use of the Content or the Site requires the prior written permission of BIA;
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content within the "News" section of the Site may be reproduced solely for editorial purposes in daily newspapers, general circulation news magazines, trade publications and broadcast media;
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you may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without BIA's prior written permission;
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you may not create a database in electronic or structured manual form by systematically downloading and storing any Content on the Site;
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as a condition of your access to and use of this Site, you warrant to BIA that you will not use this Site for any purpose that is prohibited by these Terms of Use or could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and that you will not use the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, discriminatory, liable to incite racial hatred, libellous, defamatory, vulgar, obscene, indecent, scandalous, offensive, inflammatory, blasphemous, pornographic, or profane material or material in breach of confidence or privacy. BIA will fully cooperate with any law enforcement authorities or any court order requesting or directing it to disclose the identity of anyone posting or transmitting any such information or materials. You also warrant to tell BIA as soon as you become aware of any unlawful or prohibited use of this Site by any third parties;
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you are responsible for complying with local laws and regulations of the jurisdiction from which you access this Site. This Site should not be accessed in any jurisdiction where for any reason the publication or availability of this Site is prohibited. BIA does not represent that this Site complies with laws in all jurisdictions. If you are in doubt, you should seek legal advice and if necessary, terminate your use of this Site immediately;
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you are prohibited from using the Site to advertise or perform any commercial solicitation;
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you are prohibited from posting or transmitting to or from this Site, any material for which you have not obtained all necessary licences or approvals or which is technically harmful (including; without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
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you may not misuse the Site (including, without limitation, by (i) hacking; (ii) defacing, altering or interfering with the front end 'look and feel' of this Site; (iii) obtaining or attempting to obtain unauthorised access (via whatever means) to any of our networks; (iv) by taking any action that imposes an unreasonable or disproportionately large load on this Site or related infrastructure; or by (v) using any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Site (including but not limited to uploading or making available files containing corrupt data or viruses via whatever means));
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each registration for a service is for a single user only. BIA does not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
5. Privacy
Any personal data (for example, your name, address, telephone number or
e-mail address) you transmit to the Site by electronic mail or otherwise
will be used by BIA in accordance with the Site's Privacy
Policy. Any other communication or material you transmit to
the Site, such as questions, comments, suggestions or the like, will be
treated as non-confidential and non-proprietary and BIA can use them as it
wishes.
If on registration to any of our services on the Site (or on amendment of
your registration details) you provide BIA with an email address that will
result in any emails BIA may send you being sent to you via a computer
network operated by or on behalf of your employer or educational
establishment (or similar) then you are warranting that you are entitled to
receive emails at that address. You also agree that BIA may stop sending
any emails to such address without notifying you, even if you have
subscribed to receive them or any other service, if we receive a request
from your employer or educational establishment (or otherwise) to stop
sending emails to that address.
6. Access Restriction
BIA reserves the right in its sole discretion to deny you access to this Site or any portion of it without prior notice.
7. Disclaimers
The Content on this Site may include inaccuracies or typographical errors.
Changes may be made periodically to this Site at any time and without
notice. However, BIA makes no commitment to regularly update the
information contained in this Site. Furthermore, BIA does not guarantee
that this Site will operate uninterrupted or error-free, that defects will
be periodically corrected or that it is compatible with your computer,
hardware or software.
Information, advice and opinions expressed in this Site should not be
relied upon for personal, legal, financial or other decisions. You should
consult an appropriate professional for specific advice tailored to your
situation.
ALL CONTENT (INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND
ICONS REGARDING OR RELATING TO BRISTOL INTERNATIONAL AIRPORT LIMITED, ITS
PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES)) IS SUBJECT
TO CHANGE AND IS PROVIDED TO YOU "AS IS" AND ON AN "IS
AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS OR ANY KIND OF WARRANTY
MADE OF ANY KIND (WHETHER EXPRESSED OR IMPLIED BY LAW) TO THE EXTENT
PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
SUITABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.
Please note that some jurisdictions may not allow the exclusion of implied
warranties, so some of the above exclusions may not apply to you. Without
limiting the foregoing, BIA neither warrants nor represents that your use
of any Content will not infringe the rights of any third parties nor that
the Content will be accurate, complete or up-to-date.
BIA assumes no responsibility for any information not provided on this Site
or for the failure of any of our services offered on this Site, including
but not limited to the email newsletter services, the Navigator frequent
flyer programme or the flight time information provided.
8. Exclusion of Liability
YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION YOUR DOWNLOADING OF ANY
SOFTWARE OR DATA) IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY
LAW, BRISTOL INTERNATIONAL AIRPORT LIMITED EXCLUDES ITS LIABILITY AND THAT
OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES,
SUB-CONTRACTORS AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SITE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGE (WHETHER SUCH
LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF DATA;
(B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS
OF OPPORTUNITY; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES
SUFFERED BY THIRD PARTIES; OR (G) ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OF ANY KIND ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR ACCESS TO THIS SITE OR
CONTENT, OR THE INABILITY TO USE THIS SITE, ANY WEBSITES LINKED TO THIS
SITE OR THE CONTENT OF SUCH WEBSITES (INCLUDING WITHOUT LIMITATION: THE
INADVERTENT DOWNLOADING OF COMPUTER VIRUSES FROM THE SITE OR FROM E-MAILS
SENT FROM THE SITE THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA
OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS
SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE OR ANY WEBSITES
LINKED TO THIS SITE), WHETHER BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF ANY SUCH DAMAGES. NOTHING IN THE TERMS IS INTENDED TO LIMIT
OR EXCLUDE THE USER'S STATUTORY RIGHTS AS A CONSUMER (IF ANY). NOTHING
IN THESE TERMS OF USE EXCLUDE OR LIMIT BRISTOL INTERNATIONAL AIRPORT
LIMITED'S LIABILITY FOR: DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE
(AS SUCH TERM IS DEFINED BY THE UNFAIR CONTRACT TERMS ACT 1977); OR FRAUD;
OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER; OR ANY LIABILITY WHICH
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IF YOUR USE OF MATERIAL ON THIS SITE RESULTS IN THE NEED FOR SERVICING,
REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS
THEREOF.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING IT.
9. Our Losses
You agree to indemnify Bristol International Airport Limited against any claims, demands or proceedings brought against Bristol International Airport Limited by any third parties if they are a result of your use of this Site or your other actions or omissions or where Bristol International Airport Limited suffers any loss or damage as a result of your breach of these Terms of Use. Your "use" of this Site includes any use by third parties where those parties access this Site using your computer. In such circumstances, you agree to pay Bristol International Airport Limited all costs, damages and expenses (including reasonable legal fees) awarded against Bristol International Airport Limited or otherwise incurred by Bristol International Airport Limited, arising from any claims, or legal proceedings.
10. Links to Third Party Websites
The Site may contain links to websites owned or operated by parties other than BIA. Such links are provided for your convenience only. If you use these links, you may leave the Site or, alternatively, the link and third party website content may be framed within this Site. BIA has not reviewed all of these third party websites or such framed content, and does not control, and is not responsible for their operation nor for the content on or privacy policies on, or the security of, such websites. Without limiting the foregoing, BIA specifically disclaims any responsibility if such websites:
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infringe any third party's intellectual property rights;
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are inaccurate, incomplete or misleading;
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are not merchantable or fit for a particular purpose;
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do not provide adequate security;
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contain viruses or other items of a destructive nature; or
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are libellous or defamatory.
Neither does BIA endorse or make any representations about the content or any products or services available on such websites or any results which may be obtained by using them. Neither is it associated with the operators or administrators of such websites. If you access such websites or establish a link to such websites or the Site, you do so at your own risk and without the permission of BIA.
11. Linking to this Site
ATTENTION: LINKING TO THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS OF
USE AND LEGAL RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES SET
OUT BELOW. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR YOU DO NOT AGREE TO
ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS SITE.
If you provide hyperlinks to this Site, you agree that you:
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may link to, but may not replicate, any Content;
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shall not frame or otherwise create a browser or border environment around any Content;
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shall not imply that BIA is endorsing you or your products or services;
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shall not misrepresent you or your website's relationship with BIA;
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shall not present false, misleading or inaccurate information about BIA or BIA's products or services on your website or otherwise disparage BIA's products or services;
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shall not use BIA's logos, trade marks, service marks or the suchlike without express prior written permission from BIA;
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shall not include content on your website that is or could be construed as illegal, distasteful, offensive or controversial, which infringes any intellectual property rights or other rights of any person or otherwise does not comply with all applicable laws and regulations and you shall include on your website only content that is appropriate for all age groups;
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shall not remove or obscure any of the information, Content or notices contained on the Site;
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shall not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present Content of this Site on another website without BIA's prior written permission;
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shall not link to a website that is not owned by you;
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shall inform BIA in writing of the link; and
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shall immediately discontinue the link if instructed to do so by BIA.
BIA expressly reserves the right to revoke the right granted in paragraph 11 for any breach of these terms and to take any further action it deems appropriate in respect of such breach.
12. Software available on this Site
The Rights in any software that is made available for download from the Site ("Software") belong to BIA or its suppliers/licensors. In order to access some of the information on this Site, you may have to enter into licences with third party software providers (such as Adobe or Macromedia). Your ability to access that information may depend on whether you have entered into such licences. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software. BIA takes no responsibility for arranging any such licences. Do not install or use any Software unless you agree to such licence agreement. Where you download software from this Site you do so at your own risk.
13. Flight Information
BIA endeavours to ensure that any flight information contained on the Site is accurate and up to date. However, please note that:
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where flight and departure information is displayed on the Site, BIA can only update the relevant information once the airlines have told BIA that a particular flight is early, delayed or cancelled; and
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where flight destination and timetable information is displayed on the Site, BIA relies on third parties (such as the airlines themselves) advising us of changes to routes etc.
BIA cannot therefore guarantee that any such information stated on the Site will be accurate. You should therefore contact the relevant airline directly if you want more detailed information about particular flight information.
14. Products & Services Available on this Site and third party websites linked to this Site
BIA may give you the option to subscribe to different free of charge
services through this Site (such as our Navigator programme or Newsletter
service). Your use of the content received through any such service will be
subject to these Terms of Use. We will let you know if you will also be
subject to any additional terms and conditions.
You can also buy a number of products and services (including without
limitation, our on-line car parking pre-booking service) through this Site.
The additional terms and conditions applicable to sales of those products
and services will be brought to your attention before any order for
products and services is completed.
These Terms of Use only apply to your access to and use of this Site. If
you use one of the links on this Site to visit a third party website (such
as our business partner websites), then condition 10 of these Terms of Use
will apply and your viewing of such websites and any purchases or orders
made through them will be subject to separate terms and conditions to be
entered into between you and the third party.
15. Revisions to the Terms
BIA may at any time, and without notice, revise these Terms of Use by updating this posting online. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use. These terms cannot be altered by you unless it is agreed in writing by BIA.
16. General
These Terms of Use refer only to your viewing of this Site. As mentioned
above, separate terms and conditions apply to prize draws, competitions and
promotions which we may run from time to time as well as to products and
services sold through this Site. If there is a conflict between the Terms
of Use and any specific rules and/or terms and conditions which: (i) appear
elsewhere on the Site and are stated to take precedence; or (ii) form part
of a separate agreement between BIA and you, those other terms will take
priority.
Nothing in the Content within the Site or materials accessed via the Site,
other than the Terms of Use, is intended to form any binding contract. In
particular, notes on products, services and the like are stated on an
'invitation to treat' basis (i.e. they are not offers which will
become binding upon purported acceptance by you) and are 'subject to
availability'.
If BIA decides to waive any breach of obligation arising under these Terms
of Use, then that does not mean that BIA have waived any other breach or
any future breaches.
All rights and remedies under these Terms of Use are cumulative and are not
exclusive of any rights or remedies provided by law or by any other
agreement.
If any part of the Terms of Use are determined to be valid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations above, then the invalid or
enforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect.
A printed version of this Site and these Terms of Use and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and us as a result of these Terms of Use or
your use of this Site.
These terms are not enforceable under the Contracts (Rights of Third
Parties) Act 1999 by any person not a party to them.
These Terms of Use and your use of the Site are governed by the laws of
England and Wales, without regard to its choice of law provisions. The
courts of general jurisdiction located within England, will have exclusive
jurisdiction over any and all disputes arising out of, relating to or
concerning these Terms of Use and/or the Site or in which these Terms of
Use and/or the Site are a material fact.
Copyright © 2008 Bristol International Airport Limited. All rights
reserved.