These Terms of Use are entered into between www.byway.travel (Byway Travel Limited) and any individual who has used our site (hereinafter “you,” “your,” or “Customer”).
Byway Travel Limited (hereinafter “Byway”) offers an inspiration and booking platform that provides Customers with inspiration for flight-free vacation packages based on travel preferences provided by such Customers in exchange for payment (hereinafter the “Service(s)”):
Please carefully read these Terms of Use to participate, along with Byway and as a Customer, in the development of responsible Internet behavior and the provision of a quality Service. By accessing, browsing, or using this Site, you acknowledge that you have read and agreed to be bound by these Terms of Use (“Terms”). If you do not agree to these Terms, you should not use or access this Site. Byway reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes. Agreeing to these Terms also constitutes your agreement to the Site Privacy Policy. By accessing or using any part of the site, you accept, without limitation or qualification, these Terms. If you do not agree with all of the Terms set forth below, you may not use any portion of the site. Price information found on this site is subject to change without notice. Byway reserves the right to change these Terms of Use at any time without notice, but will not change these Terms in relation to bookings that have been placed and acknowledged by Byway before the change is made. We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend, or discontinue any aspect of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
By becoming a Customer, you agree to comply with these Terms of Use. If you do not accept these Terms of Use, you must not register for or use the Services. Registering for one or more Services and using the Services implies full acceptance of these Terms of Use by the Customer.
By making a payment by debit or credit card, the Byway Customer acknowledges that they are fully informed of and bound by the provisions of the Terms of Use and the Booking Conditions.
The words or terms used in these Services Terms of Use and beginning with a capital letter will have the following meanings:
“Additional Services” refers to services provided by Byway Supply Partners.
“Create a Trip” refers to a Customer creating a trip by selecting a trip type and trip dates.
“Purchase” refers to a purchase made giving access to a portion of our paid Services, as required, for a limited period as specified in the specific product purchased by a Customer.
“Customer(s)” refers to one (or all) user(s) of one or more Services that validly makes a Byway Purchase or has access to any of the Services after registering free of charge on the Sites.
“Paid Service(s)” refers to all Paid Services available to Customers or Visitors.
“Supply Partner(s)” refers to all companies supplying services to Byway, including accommodations and hotels, transportation companies (e.g., rail and boat operators, luggage transfers), tour companies, or insurance providers.
“Site(s)” refers to, individually or collectively, the Byway websites and mobile applications, including Byway’s website accessible at Byway.travel.
“Upgrade” refers to the paid addition, at the request of a Customer, of additional Services to their Purchase.
“Visitor(s)” refers to one or more user(s) accessing and using one or more Services without having registered on the Sites.
“Terms of Use” refers to this contract.
The cost of equipment (computer, software, telecommunications, etc.) enabling access to the Services as well as the communication costs incurred by their use are solely borne by the Customer.
All of our content and communication is in English.
Access to a Byway account is free. It lets Customers discover the Services and provides access to the following Services features available to all Byway Customers (including Customers with free accounts):
Add vacation preferences
View basic trip plans and suggestions
To register and become a free account holder, anyone interested in the Services must be at least 18 years old, meet the requirements for registration or access to the relevant Services, be legally able to enter into a contract, not be under guardianship or curatorship, have read and accepted these Terms of Use and the Privacy Policy, and have completed all required fields on the registration form, including the fields for the following personal information:
Name
Email Address
The Customer can then add to their profile by providing information about travel preferences and purchased vacations. This information can be updated at any time by the Customer by emailing hello@byway.travel.
The Customer warrants that the information they provide is accurate. The Customer agrees to immediately notify Byway of any changes to the data provided at registration.
Except in the event of Byway’s own wrongdoing or technical failure of the Service(s), the Customer is responsible for any use of their email address or other identifiers by third parties, or actions or statements made through the Customer’s communications with Byway, whether fraudulent or not, and will indemnify and hold Byway harmless against any claims in this respect. Furthermore, Byway isn't required and doesn't have the technical means to verify the identity of people registering for its Services. If a Customer has reason to believe that someone is using their personal information, that Customer must immediately inform Byway.
The Customer can make a paid Purchase and take advantage of the following features:
Service features available to any Customer (including Customers with free accounts):
Create a profile
Add vacation preferences
View basic trip plans and suggestions
Features only available to Customers with a Purchase:
Book trip
Refine and customize trip details
In-trip support and customer service
Purchase one-off add-ons for trips
Provide API (Advance Passenger Information)
Cancel Purchase of the Service
To make a paid Purchase and gain access to all features of the Site and Services available to them, the Customer must fill out their details and select and pay for their package online.
After reviewing your personal data, your Purchase package, and payment method, you, the Customer, must confirm payment. This final step formalizes entering into the Purchase contract for the Services in accordance with these Terms of Use and is subject to the Booking Conditions.
Input errors by the Customer or a member of the Byway team can be corrected at any time before or after the contract is submitted. By making your payment after reviewing the contents of the purchase and making any necessary changes, you, the Customer, accept these Terms of Use in full without reservation.
Once payment is confirmed, Byway will also acknowledge receipt of the purchase by email as soon as it's confirmed. This email will include the Byway package selected, the invoiced amount, and these Terms of Use containing Byway’s contact information.
As a security and quality measure, Byway may deactivate accounts of Customers who haven't used the Services for 6 (six) months or more and for whom no Purchase remains valid. In the case of paying Customers, this six-month period begins on the date the last Purchase expired.
In addition, any personal data or travel preferences submitted through the Sites and saved by the Customer to their account are automatically deleted at the end of a two-year period unless otherwise requested by the Customer.
Once registered, the Customer will have access to the Services, in accordance with their Purchase. The Customer will be able to access all the Byway Sites and their profile information using the links sent via email.
The prices and payment terms for the various Paid Services are accessible at any time on the Sites during the presentation or use of the Paid Service(s) to which the Customer wishes to subscribe, as well as their respective rate(s).
The purpose of the Services is solely to provide Customers of the Byway platform with information, inspiration, and flight-free vacation packages matching their travel preferences.
The purpose of the Services also does not cover verifying the actual identity of Customers or End Users when they connect to the Sites, or controlling the content and information provided by Customers and/or End Users. Byway isn't responsible for any failure of Customers to provide accurate information.
The provisions of this Article also apply without prejudice to the Article entitled “Termination.”
As part of the use of the Services, the Customer agrees to comply with applicable laws and respect third-party rights and the provisions of the Terms of Use.
The Customer’s general obligations are as follows:
Conduct themselves in an honest manner with respect to Byway and other End Users and Customers.
Not infringe on the intellectual property rights of the content provided by Byway and other Customers.
Not reveal any information about their private life the dissemination of which could be harmful to the Customer or their reputation.
The Customer’s Essential Obligations are as follows:
Not to provide incorrect or misleading information regarding their personal data or travel preferences
Not to post, disclose, or disseminate in any form whatsoever information or content that has the effect of diminishing, disrupting, or preventing the normal use of the Services, or interrupting and/or slowing the normal flow of communications between Customers and Byway through the Services, such as software, viruses, logic bombs, mass mailings, etc.
Not to provide email addresses of other people to Byway, or publish or send any information referring to other people without having obtained their prior consent.
To use the Services in accordance with the purpose described in the Terms of Use.
Only the Customer may use their personal information to access the Services. In this regard, the Customer will not, without this list being exhaustive, communicate, disseminate, share, or make accessible, in any way whatsoever, their account information (including email account details) to any third party. Should a Customer wish to provide access to their Byway account to a third party, including but not limited to a friend, colleague, or relative, the Customer will do so at their own risk.
A breach of the Essential Obligations constitutes a serious breach by the Customer of their obligations. Without prejudice to the provisions of the Article entitled “Termination,” in the event a Customer fails to fulfill one or more of these Essential Obligations, Byway may terminate the contract and permanently delete the Customer’s account(s) on the Sites and Services.
The use of Paid Services may only be made where the Customer has a Purchase. Customers may make a Purchase by card online.
The fees and Booking Conditions for these various Paid Services, along with their respective rates, are available at all times during the introduction or use of the Paid Service(s) the Customer wishes to subscribe to.
Fees are quoted in pounds, all taxes included. A Customer's purchase is virtually instantaneous once the transaction is validated by bank card.
The Customer may also subscribe to other one-time services, purchase add-ons or additional products (including, but not limited to, travel insurance products, upgrades, in-destination experiences, etc.) related to Byway Service(s), or upgrade their current Byway Purchase.
Where applicable, these one-time services are purchased from other service providers and subject to payment terms and conditions other than those used for the Services offered by Byway, which will be provided by the relevant service providers. The specific billing and payment terms and conditions for these one-time services and special offers will be provided to the Customer by the relevant service provider and accepted by the Customer prior to purchase.
All Service names, trademarks, logos, graphics, animations, videos, and texts contained on the Sites and within the Services are the property of Byway (unless otherwise attributed), and may not be reproduced, used, or displayed without the express authorization of Byway.
The rights of use granted to the Customer are limited to private and personal use as part of and for the duration of their registration for the Services. Any other use by the Customer is prohibited.
The Customer is prohibited from, among other actions, modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting, and/or distributing the Services, Site pages, or the computer code of the Services and Sites, in any way whatsoever.
Customers grant Byway a license to use the intellectual property rights arising from the content provided by Customers in connection with their registration and use of the Services. This license includes, but is not limited to, Byway's right to reproduce, represent, adapt, translate, digitize, and use for the purposes of the Services, or sublicense the content provided by the Customer (information, images, descriptions, travel preferences, etc.) across all or part of the Services (on the Sites, via email) and on all Sites, in marketing campaigns run by Byway, and, in general, across all electronic communication media (email, SMS, MMS, WAP, Internet, mobile app) as part of the Services.
The Customer expressly authorizes Byway to modify this content to comply with the brand guidelines of the Services or other communication media referred to above, and/or to make it compatible with its technical functionality or media formats. These rights are granted worldwide and for the duration of the Terms of Use between the Customer and Byway. The Customer may not copy, reproduce, or otherwise use content produced by other Customers, other than strictly for personal and private use of the Services.
To use the Services, Customers must have the equipment, software, and settings necessary for the services to work properly, including the latest version of an Internet browser with session cookies enabled and pop-ups accepted.
Depending on your network setup (such as protection by a firewall or proxy), connecting to our sites might not be possible.
Customers must have the necessary skills, hardware, and software to use the Internet or the Services' mobile app, where applicable, and acknowledge that the nature and constraints of the Internet mean the security, availability, and integrity of data transmissions over the Internet or mobile apps cannot be guaranteed.
Byway does not guarantee that the Services will work if Customers use a “pop-up blocker”; in this case, this feature must be disabled before using the Services.
Byway does not warrant that the Services will function properly if the Customer’s Internet service provider fails to deliver an adequate level of service. Similarly, where applicable, using smartphone apps—the use of which Customers have agreed to directly with the provider—requires Customers to have a smartphone and a reliable connection.
Under these circumstances, Byway is not responsible for any lack of functionality, lack of access, or poor conditions of use on the Sites attributable to equipment-related issues, internal failures of the Customer's service provider, Internet network congestion, or any other reasons beyond Byway's control, which the Customer agrees are force majeure events.
Operation of the Services may be temporarily interrupted for maintenance, updates, or technical improvements, or to update content and/or its presentation. Whenever possible, Byway will notify Customers prior to any maintenance work or updates.
Information provided by a Customer to Byway must be accurate and true. Customers may disclose information voluntarily, and any impact that disclosing this information may have on the Customer’s life or the lives of other Customers is the sole responsibility of that Customer. The Customer, on their own account, discloses and shares information, data, text, content, and images relating to them through the Services.
Accordingly, the Customer waives the right to bring any claim against Byway—particularly regarding potential infringement of their right of publicity, honor, reputation, or personal privacy—that may arise from the sharing or dissemination of their information under the terms set out in these Terms of Use, specifically the Privacy Policy, provided that the Customer has previously given voluntary and express consent to such dissemination through their registration for the Services and under these Terms of Use.
Byway cannot be held liable for the accuracy or inaccuracy of the information and content provided by other Customers, visitors to the Sites, and/or the Customer itself (and the consequences of reliance on any such information). Similarly, Byway cannot be held liable for any content disseminated by a Customer that may potentially constitute a breach of the rights of one or more of the other Customers or third parties, where a Customer of Byway can demonstrate that it: (i) was not informed by a Customer or third party, or about the content or the dissemination, (ii) did not have actual or prior knowledge of the same, or (iii) did not commit a breach in the performance of any of its contractual obligations which led to such content being disseminated.
Byway may only be held liable by a Customer if and to the extent there is proof of a breach having been committed by Byway or one of its service providers involved in the performance of Byway’s contractual obligations, and this breach has caused the Customer direct damage. Where appropriate, it will be Byway’s responsibility to demonstrate that it has not committed any breaches in the performance of its contractual obligations. Byway may not be held liable for any direct or indirect damage incurred by the Customer in the event the Customer causes the damage or the damage results from an event of force majeure.
The quality of the Services demanded by both Byway and its Customers requires that Customers conduct themselves ethically, and behave with respect for the rights of third parties and respect for the laws and regulations in effect. To meet this demand for quality, individual responsibility, and ethics, Byway requests any Customer to report any data (photography, text, video), behaviors, or comments made by another Customer that appear to be in violation of the laws and regulations in effect, concerning the purpose of the Services, third-party rights, or public morals.
As a result, Customers acknowledge and accept that the data they provide, as well as their behavior or comments made through the Services, may be reported by other Customers or End Users and are subject to acts of moderation and/or oversight by Byway on the basis of objective assessment criteria. In the event that Byway’s investigation of a report reveals that a Customer violated the laws and regulations in effect or its contractual obligations, the provisions of the Terms of Use, in particular Article 8 entitled “Termination,” may be applied. Depending on the Customers’ behavior or the comments made by Customers, the monitoring team may decide to block any new registration by a Customer that has been the subject of a complaint.
In the event Byway is held liable on the basis of a Customer’s breach of its legal obligations or those under the Terms of Use, said Customer agrees to indemnify and hold Byway harmless against any orders issued against it resulting from the Customer’s breach of its obligations.
Byway is only liable for the hyperlinks it creates, and does not exercise any control over the External Websites and external resources (third-party websites or mobile applications, social networks, etc.) to which the hyperlinks accessible on the Sites and the Services redirect and which Byway did not create. It cannot be held liable for the provision of hyperlinks to External Websites, and cannot be held liable for their content, advertisements, products, service features, or any other information available on or based on the use of such External Websites.
Any issues relating to a link must be submitted to the administrator or webmaster of the site in question. A Customer’s access to and/or use of these sources and External Websites may be governed by third-party terms and conditions over which Byway has no control.
Finally, if during the course of using the Sites, the use of the Sites leads a Customer to pages that include External Websites, pages, or forums whose title and/or content constitutes a violation of applicable law, that Customer is requested to terminate its use of the Sites, or navigation to, the External Website in question. Customers who continue to search, or navigate to, such External Websites proceed at their own risk, and Byway will not be liable for the content of External Websites.
You agree to indemnify us (including our directors, officers, employees, subcontractors, agents, and affiliated companies) against all third-party claims and liabilities related to your breach of this Agreement and/or to your use of the Services.
Customers may request the closure of their Byway account at any time without reason by making a request through hello@byway.travel or by any means that may be indicated under this heading. This request will be deemed made on the business day following receipt by Byway of the request to close the account concerned, and the account will be deleted no later than fourteen (14) days after receipt of the request by Byway. This request will not entail reimbursement to the Customer for any Purchases except under the Cancellation Policy.
Without prejudice to the other provisions of the Terms of Use, in the event of a serious breach of the Terms of Use by the Customer, Byway will terminate the Customer’s account without prior notice or formal notice. This termination will have the same effect as termination by the Customer.
This termination will take effect without prejudice to any damages Byway, the Byway Group Companies, its or their successors, and/or authorized representatives may claim from Customers as compensation for losses incurred by Byway and/or its successors and/or authorized representatives as a result of these breaches.
The Customer will be notified by email of the termination or confirmation of the termination of its account. Data relating to the Customer will be destroyed at the request of the Customer or upon the expiration of the current statutory period from the termination of the Customer’s account.
These Terms of Use constitute a contract that governs relations between the Customer and Byway. These Terms of Use supersede all previous provisions not expressly referred to or appended and constitute the entire rights and obligations of Byway and the Customer with respect to their subject matter.
If one or more provisions in the Terms of Use are held to be unenforceable under applicable laws or regulations or as a result of a final decision of a competent court, the other provisions will remain in full force and effect, to the extent permitted by that decision. Furthermore, the failure of a Party to act with respect to a breach by the other Party of any of the provisions of these Terms of Use does not in any way imply a waiver of the right to act at a later date with respect to that breach.
Byway may amend these Terms of Use at any time. Notice of the nature of these amendments will be sent to Customers as soon as they are posted on the Sites. The amendments will take effect one month after they are posted on the Sites. With respect to Customers registering after the amendments are posted on the Sites, these amendments will immediately apply, as they will have expressly accepted them by becoming Customers. Upon the issuing of an amendment to a Customer, the Customer will have several options:
In this case, the Customer may choose to comply instead with the Terms of Use that were in effect on the date that the Customer’s initial Purchase started until the expiration of that initial Purchase.
In this case, the Customer may implement the procedure referred to in Article 8 entitled “Termination” at any time during the four (4) months following the effective date of the new Terms of Use. Beyond this four-month period, if the Customer has not made known its intention to terminate its account, the Customer’s acceptance of the new Terms of Use is implied.
Customers are accordingly invited to consult the version of the Terms of Use in effect available on the Sites at all times.
These Terms of Use are governed, interpreted, and applied in accordance with English law, with the English language being the language of interpretation. In the event of a dispute as to the meaning of a term or provision of these Terms of Use, Customers may contact Byway by emailing hello@byway.travel, making sure to indicate any personal identifiers, including first name, last name, and email address. Customers may also make claims on the European Commission’s online dispute resolution platform by visiting the following URL: http://ec.europa.eu/consumers/odr/ . The European Commission will transfer the Customer’s claim to the competent notified national mediators.
In accordance with the rules applicable to mediation, prior to any request for mediation, the Customer must first have raised any dispute with Byway in writing in order to attempt an amicable resolution of this dispute.
Any disputes between Byway and a Customer, including any non-contractual disputes, arising from these Terms of Use or the Services that the Customer does not elect to settle by mediation as described above, will be handled by the courts of England and Wales, or if a Customer is a consumer living in: (i) Scotland, by the courts of Scotland or (ii) Northern Ireland, by the courts of Northern Ireland.
The Services provided by Byway to Customers and Visitors pursuant to these Terms of Use are offered by Byway Travel Limited, trading as Byway, a private limited company incorporated in England and Wales with registered company number 12528990 whose mailing address is Byway, c/o International House, 45-55 Commercial Street, London, England, E1 6BD, United Kingdom and whose registered office is at International House, 45-55 Commercial Street, London, England, E1 6BD.
If you have questions, you can contact Byway by emailing us at hello@byway.travel.
Terms of Use last revised on 08/22/2022.
