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Terms and Conditions

TRIPANDADVENTURE.COM

Welcome to the TripandAdventure website and mobile properties located at www.tripandadventure.com (including sub-domains associated with them), related software applications (sometimes referred to as “apps”), data, SMS, APIs, email, chat and telephone correspondence, buttons, widgets and ads (collectively, all of these items shall be referred to herein as the “Service(s)” or “Website”; more generally, the TripandAdventure website and mobile properties shall hereinafter be referred to herein as “website”).

 

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms”, “Terms of Use” or “Agreement”). Please read this agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting our call center agents, you agree that the Terms of Use then in force shall apply. If you do not accept all of these terms and conditions, please do not use or book any reservations through this Website or our call center agents

And if you do not accept these terms you are not authorized to use the Services. If you have a TripandAdventure account and wish to terminate this Agreement, you can do so at any time by closing your account and no longer accessing or using the Services.

 

The terms “we”, “us”, “our”, “TripandAdventure” and “TripandAdventure.com.” means any co-branded and/or linked website through which we provide links, content or service. The term “you” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

Our  Privacy Policy, Cancellation Policy, Payment terms of use and other Policies are incorporated by reference into this Agreement.

 

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USE OF THE SERVICES

As a condition of your use of the Services, you warrant that:

  1. you are at least 18 years of age;
  2. you will use this Website in accordance with these Terms of Use;
  3. you possess the legal authority to create a binding legal obligation;
  4. all information supplied by via the Services is true, accurate, current and complete
  5. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act; In cases of such authorizations you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
  6. you will safeguard your account information and will be completely responsible for any use of your account.

We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

ADDITIONAL PRODUCTS

We may, from time to time, decide to change, update or discontinue certain products and features of the Services. You agree and understand that the TripandAdventure has no obligation to store or maintain your Content or other information you provide, except to the extent required by applicable law.

We also offer other services that may be governed by additional terms or agreements. If you use any other such services, the additional terms will be made available and will become part of this Agreement, except where such additional terms expressly exclude or otherwise supersede this Agreement. To the extent any other terms conflict with the terms and conditions of this Agreement, the additional terms shall govern to the extent of the conflict with respect to those specific services.

PROHIBITED ACTIVITIES

The Content and information available on and through this Website and Services (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such Content and information, is proprietary to us or our suppliers and providers. For all Content other than your Content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Services. Additionally, you agree not to:

  1. use this Website or its contents for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this Agreement
  2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  6. deep—link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  7. “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
  1. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs, in connection with the Services;
  2. circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content.

If you are discovered or we believe that you are undertaking any suspicious activity, fraud or abuse or if you are taking any of the aforementioned actions, your privileges to use our Service may, at our discretion, be terminated or suspended, at any time without notice or explanation. We reserve the right to take any necessary legal action and you may be liable for monetary losses to TripandAdventure, including litigation costs and damages.

PRIVACY POLICY

Any personal information you post on or otherwise submit in connection with the Services will be used in accordance with our Privacy Policy and our Terms of Use, which also governs your use of the Website. Click here to view our Privacy Policy.

REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting Content to or through the Services, via email, postings on this Website or via the services and applications of others, or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any , ideas or the like contained in any of your Content, you grant TripandAdventure a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:

  1. use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised;
  2. make your Content available to the rest of the world and to let others do the same;
  3. to provide, promote, and improve the Services and to make your Content shared on the Services available to other companies, organizations or individuals, broadcast, distribution, promotion or publication of such Content of yours on other media and services, subject to our Privacy Policy and this Agreement; and
  4. use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that We may choose to provide attribution of your Content at our discretion.

 

You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use your Content as authorized under this Agreement.

You acknowledge and agree that your Content is non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us.

 

You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any Content of yours (specifically including, but not limited to, comments, photos, reviews posted to this Website)  that:

  1. Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
  2. Is patently offensive to the online community, such as that which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  3. Would constitute, encourage, promote or provide instructions for conduct of an illegal activity, a criminal offense, give rise to civil liability, violate the rights of any party in any country of the world, or that would otherwise create liability or violate any local, state, national or international law;
  4. Any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
  5. Constitutes mass mailings or “spamming”, “junk mail”, “chain letters” or “pyramid schemes”;
  6. Include or are intended to facilitate viruses, corrupted data or other harmful, disruptive or destructive files;
  7. Is private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.  Note that an individual’s surname (family name) may be posted to our websites, but only where express permission of the identified individual has been secured beforehand;
  8. Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  9. In the sole judgment of TripandAdventure, (i) violates our Terms of Use, (ii) violates our related guidelines, (iii) is objectionable, (iv) restricts or inhibits any other person from using or enjoying the Interactive Areas or any other aspect of the Services, or (v) may expose TripandAdventure, our partners, or other Third Parties to any harm or liability of any type.

We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms of Use, please do not provide us with any Submissions.

You acknowledge that We may exercise our rights (e.g. use, publish, delete) to any content you submit without notice to you.

Any use of the Interactive Areas or other aspects of the Services in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services more generally.

PAYMENTS TERMS OF SERVICE

Legal rights, remedies and obligations will be used in accordance with our Payments Terms of service.  By using the Payment Services, you agree to comply with and be bound by these Payments Terms of Service and our Terms of Use. Click here to view our Payments Terms of Service.

CANCELATION POLICY

TripandAdventure allows hosts to choose among our standardized cancellation policies. Each listing and reservation on our site will clearly state the cancellation policy. Guests automatically agree and accept the proper cancelation policies of their reservation while making their reservation. Payments and refunds regarding to any Cancelation are governed by our Payments Terms of Use and by these Terms of use.

Our standard Cancellation Policies are as below:

      1. Non-Refundable booking

No cancellation fee will be applied and no payment will be refunded. Our service fee is also non-refundable.

 

      2. Flexible – Refundable booking – 24 Hours prior

Our service fee is non-refundable.

Accommodation fees or any other reservation fees for your booking are refundable in certain circumstances as outlined as below:

  1. For a full refund of accommodation fees, cancellation must be made 24 hours prior to listing’s local check in time.
  2. If the guest cancels less than 24 hours before check-in, the first night is non-refundable.
  3. If the guest arrives and decides to leave early, the accommodation fees for the nights not spent 24 hours after the official cancellation are fully refunded.
  4. Guest may apply for a refund in his account or by contacting directly TripandAdventure through our Customer Service.
  5. If there is a complaint from either party, notice must be given to TripandAdventure within 24 hours of check-in.
  6. TripandAdventure will mediate when necessary, and has the final say in all disputes.
  7. Cancellation policies may be superseded in extenuating circumstances, for any other reason permitted under the Terms of Service.

 

     3. Moderate – Refundable booking – 7 Days prior

Our service fee is non-refundable.

Accommodation fees or any other reservation fees for your booking are refundable in certain circumstances as outlined as below:

  1. For a full refund of accommodation fees, cancellation must be made 7 full days prior to listing’s local check in time.
  2. If the guest cancels less than 7 days in advance, the first night is non-refundable but 50% of the accommodation fees for remaining nights will be refunded.
  3. If the guest arrives and decides to leave early, 50% of the accommodation fees for the nights not spent 24 hours after the cancellation occurs are refunded.
  4. Guest may apply for a refund in his account or by contacting directly TripandAdventure through our Customer Service.
  5. If there is a complaint from either party, notice must be given to TripandAdventure within 24 hours of check-in.
  6. TripandAdventure will mediate when necessary, and has the final say in all disputes.
  7. Cancellation policies may be superseded in extenuating circumstances, for any other reason permitted under the Terms of Service.

 

    4. Moderate – Refundable booking – 14 Days prior

Our service fee is non-refundable.

Accommodation fees or any other reservation fees for your booking are refundable in certain circumstances as outlined as below:

  1. For a full refund of accommodation fees, cancellation must be made 14 full days prior to listing’s local check in time.
  2. If the guest cancels less than 14 days in advance, the first night is non-refundable but 50% of the accommodation fees for remaining nights will be refunded.
  3. If the guest arrives and decides to leave early, 50% of the accommodation fees for the nights not spent 24 hours after the cancellation occurs are refunded.
  4. Guest may apply for a refund in his account or by contacting directly TripandAdventure through our Customer Service.
  5. If there is a complaint from either party, notice must be given to TripandAdventure within 24 hours of check-in.
  6. TripandAdventure will mediate when necessary, and has the final say in all disputes.
  7. Cancellation policies may be superseded in extenuating circumstances, for any other reason permitted under the Terms of Service.

 

    5. Strict – Refundable booking – 30 Days prior

Our service fee is non-refundable.

Accommodation fees or any other reservation fees for your booking are refundable in certain circumstances as outlined as below:

  1. For a 50% refund of accommodation fees, cancellation must be made 30 full days prior to listing’s local check in time (or 3:00 PM if not specified) on the day of check in.
  2. If the guest cancels less than 30 days in advance, the nights not spent are not refunded.
  3. If guest arrives and decides to leave early, the nights not spent are not refunded.
  4. Guest may apply for a refund in his account or by contacting directly TripandAdventure through our Customer Service.
  5. If there is a complaint from either party, notice must be given to TripandAdventure within 24 hours of check-in.
  6. TripandAdventure will mediate when necessary, and has the final say in all disputes.
  7. Cancellation policies may be superseded in extenuating circumstances, for any other reason permitted under the Terms of Service.

 

    6. Long Term – Refundable booking – over 30 Days prior

Our service fee is non-refundable.

Accommodation fees or any other reservation fees for your booking are refundable in certain circumstances as outlined as below:

  1. The Long Term cancellation policy applies to all reservations of 28 nights or more.
  2. If the guest books a long term reservation and decides to cancel the reservation before the start date, the first month of the reservation is paid to the host in full and not refunded to the guest.
  3. If the guest books a reservation and decides to cancel the reservation during their stay, the guest must use the online alteration tool in order to agree to a new checkout date. Regardless of the checkout date chosen, the guest is required to pay the host for the 30 days following the cancellation date or up to the end date of the guest’s original reservation if the remaining portion of the original reservation is less than 30 days.
  4. Guest may apply for a refund in his account or by contacting directly TripandAdventure through our Customer Service.
  5. If there is a complaint from either party, notice must be given to TripandAdventure within 24 hours of check-in.
  6. TripandAdventure will mediate when necessary, and has the final say in all disputes.
  7. Cancellation policies may be superseded in extenuating circumstances, for any other reason permitted under the Terms of Service.

LIABILITY DISCLAIMER

Please read this section carefully. This section limits the TripandAdventure  liability to you for issues that may arise in connection with your use of the services. If you do not understand the terms in this section or elsewhere in this agreement, please consult a lawyer for clarification before accessing or using the services. If you do not agree with these Liability Disclaimer terms  or our other Terms of use, you are not authorized to use our Services .

Our Service is offered “as-is”, including any errors, bugs or other technical issues. The TripandAdventure does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies relating to the information and description of the accommodation, experiences, air, cruise, restaurant or any other travel products and services displayed on the services (including, without limitation, the pricing, availability, photographs, list of accommodation, experience, air, cruise, restaurant or other travel product amenities, general product descriptions, reviews and ratings, etc.).

 

You agree that while using our Service, your results may vary and you may not achieve any desired results. We expressly disclaim all warranties either express or implied. Our site, app, or service may not be fit for a particular purpose and may not work or be applicable where you reside. We make no representations or warranties as to the reasonable skill and care invested in our Service, satisfactory quality of our Service, merchantability of our Service or that our Service is non-infringing of any intellectual property rights. Furthermore, we do not warrant that the functions contained in the Service will meet any requirements or needs you may have, that the Service will operate error free or in an uninterrupted fashion, that any defects or errors in the Service will be corrected, or that the site or service is compatible with any particular platform. We are not obligated to provide you access to our Service. In the event of any problem with the Service, you agree that your sole remedy is to cease using the Service. In the event of any problem with any products or services purchased through our Service, you agree that your sole remedy, if any, is through this agreement. Subject to the foregoing, you use the services at your own risk and in no event shall the TripandAdventure (or their officers, directors and/or employees) be liable for any direct, indirect, punitive, incidental, special, or consequential losses or damages or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption of any type arising out of, or in any way connected with, your access to, display of or use of the services or with the delay or inability to access, display or use the services (including, but not limited to, your reliance upon reviews and opinions appearing on or through the services; any viruses, bugs, trojan horses, information, software, linked sites, products, and services obtained through the services; personal injury or property damage, of any nature whatsoever, resulting from your use of the services’ servers and/or any and all personal information and/or financial information stored therein; any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content; or otherwise arising out of the access to, display of or use of the services) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if TripandAdventure or its corporate affiliates has been advised of the possibility of such damages.

The third party suppliers providing accomodations, flight, rentals, experiences, restaurants, or cruise information, travel or other services on or through the services are independent contractors and not agents or employees of the TripandAdventure . The TripandAdventure is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. TripandAdventure has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and it has no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the TripandAdventure.

These terms and conditions and foregoing liability disclaimer do not affect mandatory legal rights that cannot be excluded under applicable law, for example under consumer protection laws in place in certain countries. If the law of the country where you live does not allow any particular limitation or exclusion of liability provided for in this clause, that limitation will not apply. The liability disclaimer will otherwise apply to the maximum extent allowed by your local law.

If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied. TripandAdventure does not have any duties or obligations as agent for each Providing Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.

FORCE MAJEURE

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

INDEMNIFICATION

You agree to defend and indemnify TripandAdventure and its partners, officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. your use of this Website and access to our Services,
  2. your violation of these Terms of Use;
  3. your violation of any law;
  1. your violation of any third party right, including without limitation any intellectual property, property, or privacy right; or
  2. any claim that you or any of your Content caused damage to a third party.

This defense and indemnification obligation will survive this Agreement and your use of the Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

TERMINATION, SUSPENSION, AND OTHER MEASURES

TripandAdventure may immediately, without notice, temporarily or permanently suspend your use of  TripandAdventure Services or access to the Payment Services,or terminate your Acoount and this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; (iv) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body or (v) TripandAdventure believes in good faith that such action is reasonably necessary to protect other TripandAdventure, other Members or Third Parties or to prevent fraud or other illegal activity.

You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the TripandAdventure Terms. Terminating this Agreement will also serve as notice to cancel your TripandAdventure Account pursuant to the TripandAdventure Terms. If you cancel your TripandAdventure Account as a Host, TripandAdventure Payments will provide refunds to any Guests with confirmed booking(s) based on our Payment Terms of service. If you cancel your TripandAdventure Account as a Guest, TripandAdventure Payments will provide a refund for any confirmed booking(s) based on Our Cancelation policy.

CHANGES AND MODIFICATIONS TO THESE TERMS

TripandAdventure reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the TripandAdventure Platform and update the “Last Updated” date at these Terms. If you disagree with the revised Payments Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement before the date the revised Terms become effective, your continued use of the Payment Services will constitute acceptance of the revised Terms.

 

HOW YOU CAN CONTACT US

If you have questions about these Terms of use, please contact us at: info@tripandadventure.com

Last Modified: 20th November 2018