youtravel.me tripsider.com

TERMS & CONDITIONS

 

Welcome to Tripsider
Terms and conditions - Travel Experts

(is an offer)

1. General

 

1.1.Under these Terms and Conditions (hereinafter referred to as the Terms) we, being the group of companies Tripsider (hereinafter referred to as Administrator and/or we), shall provide you (a Travel Expert and/or you) with access to the Website Tripsider.com (hereinafter referred to as Website), mobile application and services stated herein below, and you shall use it in strict compliance with  these Terms.

 

These Terms shall be legally binding contract between you and us. Please take a moment to read them carefully. If you do not agree with these Terms and other documents governing the operation of the Website in whole or in part, immediately stop all use of the Service.

 

1.2. If you access or use the Website on behalf of a company, (a) “you” and “your” shall mean a company, (b) you warrant that you are an authorized representative of the company or a person authorized by the company to accept these Terms and to consent to these terms and conditions on its behalf, and (c) your business or the company is legally and financially liable for accessing or using our services and for accessing or using your account by any other persons related to your company, including employees, agents or contractors.

 

1.3.  After filling in the required fields and reading these Terms, you should accept these Terms by clicking the “Sign Up” or a similar button that shall be the acceptance of our offer and the entry into the contract that shall entail your obligation to comply with the terms of these Terms. Actual use of the Website without signing up an account, in the form and to the extent available without signing up, shall be an acceptance of these Terms as well. By accessing the Website and using the Services, you acknowledge that you have read and agree with the Privacy Policy. When transferring funds for using the Website, you agree with the terms of the Connected Bank.

 

1.4.  By signing up for the Website, you acknowledge that you are of the eligible age for signing up in accordance with the domestic law of the country you use the Website from and/or have obtained all necessary consents (for example, of your parents) in all respects in compliance with the mentioned national legislation.  Otherwise, signing up for the Website and its use are prohibited.

 

1.5. These Terms, Privacy Policy and any other applicable agreements and terms and conditions incorporated in these Terms by way of reference can be found on the Website directly or in the respective app store of your mobile device where the Website is available for downloading. You may print or save local copies of these Terms and Privacy Policy.

 

1.6. If you fail to comply with these Terms or any other applicable terms and conditions, we may suspend or terminate your account as described below.

 

1.8. From time to time, we make amendments to these Terms, the Privacy Policy and any other legally binding documents, for example, when we update and expand the functionality of our Services and/or the application/Website or when there is a change in the legislation. We will use reasonable efforts to notify you of any material changes to these Terms and other documents within a reasonable timeframe, for example, by means of a notice on our Website or by e-mail. However, you should regularly review the terms and conditions in order to check for such changes.

 

Your continued access to or use of the Services after the date of the new terms and conditions shall constitute your acceptance of them. If you do not agree to a new version of these Terms or other terms and conditions or rules, you must stop using our Services/Website.

 

2. Terms and definitions

 

2.1. Tripsider.com or Website is:

 

(1) an online service hosted on the Website that allows Travel Experts to publish advertisements offering Author's trips, as well as to negotiate, enter into transactions and make settlements with Travelers who intend to purchase or have purchased Author's trips.

            (2) an Website, a set of tools, plugins, software code, technologies,  and services  owned by the Administrator, through which the Administrator provides Travel Experts with services as follows: (a) advertising of Travel Experts Author's trips, (b) ensuring the technical possibility of communication between Travel Experts and Users, booking Travel Services and arranging of settlements with Travelers, (c) to assist in resolving disputes between Users and Travel experts.

2.2. Administrator (Administration) - any company of Tripsider group of companies which currently owns all rights to Website  and Services and domain https://tripsider.com/and which provides services to Users and Travel Experts.

The Administrator is not a travel organizer or travel service provider or seller of travel products within the meaning of the laws of the United States of America and any other applicable law. By using the Website, Users enter into a contractual relationship directly with each other. The Administrator is not a party or other participant in any contractual relationship between Users and Travel experts, and is not a travel agent or insurer in relation to any insurance risks of Users. The Administrator does not act as an agent for the Users, except as provided in the Payment Services Terms.

2.3. User (Traveler) – an individual who has reached the age of 18 or any other age which is considered as age of maturity under applicable law and acts on his own behalf and is interested in receiving the Service. If the User is a legal entity, then section 1.2 of these Terms shall be applied.

2.4. Travel experts - individuals and/or legal entities which shall meet the requirements stated in sections 2.3 and 1.2 of these Terms places an Advertisement on the Service with an offer of an Author's trip on the basis of a these Terms and other relevant documents.

2.5. Account - a unique User and/or Travel expert account on the Website, which allows to identify the User and/or Travel expert.

these Terms2.6. Author's trip or Author's tour - the Travel Expert's service to accompany the Traveler in accordance with the Advertisement and (or) these Terms entered into with the Traveler, containing the "Stay Program" agreed by the Travel Expert and the Traveler and corresponding to the Conditions and Procedure for Travel.

2.7. Advertisement - an offer of the Travel Expert Service placed by him/her on the Website.

2.8. Booking - the User's acceptance of the Advertisement of the Travel Expert, confirmed by the payment / prepayment for the Services of the Travel Expert.

2.9.  - audiovisual, graphic, textual, photographic and other display of the Software activity, forming information in any form and form, posted on the Website by the  Administration, Travel Experts, third parties.

 

3. Services

shall
3.1. Under these Termsthese Terms, the Administration provides information services and shall, on its own behalf, at its own expense, but in the interests of the Travel Expert, to provide information services for the placement of Author's tours and the formation of Orders with Users, and the Travel Expert shall to accept the results of the information services provided and pay fee to the Administration in the amount and in the manner prescribed by these Termsthese Terms.

 

3.2. The Service provides information services to the Travel Expert for posting information about the Author's tour on the Website, as well as for placing an Order for the Author's tour with the User.

 

4. The Subject matter of these Terms

4.1. To register on the Website, the Travel Expert presses the "Register" button and fills out a questionnaire form, in which he indicates personal data in accordance with the fields. The Travel expert guarantees that it provides reliable and non-violating information about itself.


4.2. After the registration is completed, the Travel Expert receives a notification of the completion of the registration to the e-mail specified during registration.

4.3. All actions on the Website under the created Account are considered to be performed by the Travel Expert personally or by an authorized representative.

4.4. The Travel expert is obliged to indicate his bank details in his Account.

 

4.5. Upon registering an account, you should follow the rules as follows:

 

4.5.1.   You can use all the functionality of the Website available to your age group.

 

4.5.2.   On the Website, it is prohibited to:

• Register as a User on behalf of or instead of another person ("fake account");

• Mislead Users about your identity using the phone or email of another registered User;

• Distort information about yourself, your age or your relationships with other persons or organizations;

•   Upload, store, publish, distribute and provide access or otherwise use any information that:

-   contains threats, discredits, offends, denigrates the honor and dignity or business reputation of other Users or third parties, or violates their privacy;

-   violates the rights of minors;

-   is vulgar or obscene, contains pornographic images and texts or scenes of a sexual nature involving minors;

-   contains scenes of inhuman, cruel treatment of animals;

-   contains a description of the means and methods of suicide, any incitement to commit it or encouragement to commit it;

-   advocates for and / or promotes incitement of racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;

-   promotes intolerance and hatred based on racial, religious, ethnic, sex, gender, sexual orientation and / or self-identification, their look, person’s choice in relation to their body;

-   promoting cyberstalking by disclosing personal information of users, including minors;

-   promotes cyberbullying by disclosing personal information, photos and/or videos of persons posted without their consent, including encouraging bullying, ridiculing users by the public, as well as

-   other actions that offend the human dignity of users and aimed at public censure, harassment of users, including minors;

-   contains extremist materials, including encouraging the commission of terrorist acts;

-   contains propaganda for the unlawful use and carrying of weapons among minors;

-   advocates for unlawful possession and carrying of weapons;

-   promotes and/or contains child pornoghraphy;

-   promotes and/or advocates sexual harassment of people based on their gender identity;

-   contains, promotes and/or advocates for harassment, hatred, violence of LGBTQ+ community;

-   promotes and/or advocates for encouragement of terrorist attacks, including school-shootings;

-   contains or encourages illegal hunting of wild animals, including using illegal technical means and/or the Internet;

-   promotes criminal activity or contains tips, instructions or guidelines for committing criminal acts, contains information of limited access, including state and commercial secrets, information about the private life of third parties, but not limited to the above;

-   contains advertisements for narcotic substances or describes the attractiveness of their use, including "digital drugs" (sound files that affect the human brain through binaural beats), information about the distribution of drugs, recipes for their manufacture and advice on how to use them, as well as ways, methods of development, manufacture and use of narcotic drugs, psychotropic substances and their precursors, new potentially dangerous psychoactive substances, places of their acquisition, methods and places of cultivation of narcotic plants;

-   is fraudulent;

-   also violates other rights and interests of citizens and legal entities or the requirements of the applicable domestic laws;

 

•   Unlawfully use the intellectual property of any third parties;

 

•   Use the software and take actions aimed at disrupting the normal functioning of the Website as well as emulate, decompile, disassemble, decrypt, modify and perform other similar actions with the Website or delete / replace the copyright of the copyright holder;

 

•   Try to gain access to the account of another user in any way, including, but without limitation, by deception, abuse of trust and hacking;

 

•   Unlawfully collect and process personal data of other persons;

 

•   Incite conflict situations, make calls for violation of these Terms and requirements of applicable legislation;

 

•   Carry out illegal activities related to the organization of gambling;

 

•   Post information containing offers for remote retail sale of alcoholic beverages, and (or) alcohol-containing food products, and (or) ethyl alcohol, and (or) alcohol-containing non-food products, retail sale of which is limited or prohibited by legislation on state regulation of production and turnover ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products;

 

•   Post information aimed at persuading or otherwise involving minors in committing illegal actions that pose a threat to their life and (or) health or to the life and (or) health of other persons;

•   Post information expressed in an indecent form that offends human dignity and public morality, contains clear disrespect for society, the state, official state symbols, constitutional law or bodies exercising state power in countries which the Website is used from; medical and pharmaceutical practices in violation of the applicable laws.

 

•   Post information containing calls for mass riots, the implementation of extremist activities, participation in mass (public) events held in violation of the established procedure, unreliable socially significant information disseminated under the guise of reliable messages that create the threat of harm to life and (or) health citizens, property, the threat of mass violation of public order and (or) public safety or the threat of interfering with the functioning or termination of the functioning of life support facilities, transport or social infrastructure, credit organizations, energy, industry or communications facilities, as well as information materials of a foreign or international non-governmental organization, whose activities are recognized as undesirable on the territory of the country you use the Website from, and information allowing access to the specified information or materials.

 

4.5.3    On the Website, it is prohibited to:

•   Grant and receiving loans, replenishing accounts in payment systems, making money transfers, accepting payments in favor of payment systems;

•   Attract Users to third-party services, sites or registering Users on such services, sites;

•   Manufacturing feedbacks;

•   Ordering of automatic or manual mailing of invitations and messages to users of social networks, email newsletters;

•   Provision of services for the distribution of goods;

•   Sale/distribution of medicines, food supplements, dietary supplements;

•   Sale/distribution of poisons;

•   Sale/distribution of crude medicines obtained from reindeer husbandry (velvet antlers and endocrine raw materials);

•   Sale/distribution of drugs, psychotropic substances and their precursors, cropping narcotic plants;

•   Services of storage, transportation, manufacturing, processing of narcotic drugs, precursors, psychotropic substances or their analogues, as well as illegal acquisition, storage, transportation of plants containing narcotic drugs or psychotropic substances, or their parts containing narcotic drugs or psychotropic substances;

•   Services for arranging for or involving in prostitution;

•   Services of an erotic nature;

•   Creation or distribution of  for adults, any pornography, sex video chats, sites indicating the placement of explicit photos;

•   Distribution and sale of tobacco products;

•   Distribution and sale of alcoholic beverages, ethyl alcohol;

•   Distribution and sale of precious, rare metals and stones, jewelry, including waste containing precious and rare earth metals and precious stones;

•   Distribution and sale of gold bars, investment in gold bars, any transacting in precious metals, natural precious stones or pearls, including the sale of items made of precious metals;

•   Services to provide assistance in the conduct of hostilities, regardless of the side of the conflict, forms of support (humanitarian aid, supply of weapons, communications, medicines, etc.);

•   Distribution and sale of weapons and ammunition;

•   Development, production, testing, storage, repair and disposal of weapons and ammunition;

•   Trade in basic parts of firearms;

•   Trade in ammunition, including cartridges and their component parts such as shells and fulminate caps;

•   Any actions with military equipment, spare parts, components and devices for it, explosives, blasting supplies, gunpowder, all types of missile fuel as well as special materials and special equipment for their production, special equipment of staff of paramilitary organizations and regulatory and technical products for their production and operation;

•   Any actions with chemical warfare agents, means of protection against them and regulatory and technical documents for their production and use;

•   Services for manufacture/alteration/repair of firearms, their basic parts, ammunition, explosives or explosive devices;

•   Any actions with pesticides and agrochemicals which turnover is restricted;

•   Any actions with potent or poisonous substances;

•   Any actions with museum pieces and museum collections included in the Museum Fund of the countries the Website is used from;

•   Any actions with X-ray equipment, instruments and equipment using radioactive substances and isotopes;

•   Any actions with spacecraft and ground-based space infrastructure facilities related to satellite navigation systems and created at the expense of the state budget;

•   Any actions with space missiles, military communications and control systems and regulatory and technical documents for their production and operation;

•   Gambling, including lotteries, bookmaker’s offices and betting houses;

•   Forex, binary auctions, bitcoins and other cryptocurrencies;

•   Financial pyramids, HYIPs (High Yield Investment Program);

•   Services for posting information or materials disgracing honor and dignity of a person, violation of the secrecy of correspondence, privacy;

•   Services for creating, using and distributing malicious software;

•   Card sharing services;

•   Services for the provision of unauthorized access to computer information;

•   Services for hacking third party accounts, extracting or modifying private information;

•   Any actions with special technical aids designed to surreptitiously obtain information;

•   Services for distribution and sale of information constituting trade, tax or banking secrets;

•   Trade in/production of counterfeit credit or payment cards and other payment instruments;

•   Services for the placement of public appeals to carry out extremist activities, incitement to hatred or enmity, as well as humiliation of human dignity or encouragement of such actions;

•   Services for organizing an extremist community;

•   Bribery mediation services;

•   Any other services that may entail a violation of the applicable legislation by their  or nature;

•   Potentially dangerous services that may cause deliberate harm to the health of the User and third parties.

 

5. Granting License Rights to the Website

 

5.1. We respect intellectual property rights and ask you to do the same. Your access to and use of the Services shall be conditional upon your agreement not to use the Services for the purpose of infringing any intellectual property rights. We reserve the right to block access to the Website/Services and/or to delete the account of any User that infringes or allegedly infringes any copyright or other intellectual property rights, without a notice, at any time and at our sole discretion.

 

5.2. Granting you License Rights to Use the Website. Provided that you comply with these Terms and all other applicable terms and conditions or rules, we shall grant you a limited, non-exclusive license, without the right to sublicense (and without the right to transfer and to assign access to the Website) to use the Website and to integrate with it, but only to the extent permitted by these Terms and all other applicable terms and conditions or rules. You will not sell, transfer or sublicense the rights to the Website to any other persons. Unless these Terms explicitly grants you a license to do so, you will not use, access, integrate, modify, translate, reverse engineer or otherwise operate the Website or any its element or create any derivative works.

 

5.3. Administration shall carry out the day-to-day management of the Website, determine its structure and appearance, allow or restrict your access in case the provisions of these Terms are violated and exercise any other rights that it has. The User agrees that we shall have the right to use the functional and technical capabilities of the software  that ensure the display of the  posted on the Website, at our sole discretion, including for the purpose of displaying advertisements.

 

5.4. As regards enabling interaction among the Users, and, specifically, enabling the Users to independently take certain actions on the Website, Administration shall act exclusively as the person that provides the technological capability for such interaction with the use of the Website. Any information, graphics and other materials provided by the Users shall be transferred and stored in the context of such interaction and access to them shall be provided via the Internet and the Website software without such materials being changed or their  being affected by Administration.

 

5.5. We shall have the right to:

5.5.1. At any time, change the Website design and user interface, its , the  of the provided functions of the Website, modify or supplement the scripts, software and other items used or stored on the Website, with or without notification of the User.

 

5.5.2. We reserve the right to temporarily or permanently disable the User’s account at any time, including if you fail to comply with any of the provisions of these Terms or other applicable rules, terms and conditions, or if we believe that any actions taken from your account cause or may cause damage to or deteriorate the quality of the services, or may prejudice or infringe the rights of any third parties, or violate any laws or regulations, of which we will notify you within a reasonable time.

 

5.5.3.  WE RESERVE THE RIGHT TO BLOCK YOUR ACCOUNT, AMONG OTHER THINGS, IF YOU:

5.5.3.1. We receive complaints about you (rudeness, offensive behavior, inadequate communication).

5.5.3.2. You have violated these Terms or any legally binding agreements with us.

 

5.6.      You acknowledge and agree that we may stop granting you the license rights to the Website described in this section at any time for or without a reason.

 

5.7.  License Grant of Third-Party Services

5.7.1. NO RIGHTS SHALL BE LICENSED TO ANY IMAGES, PHOTOS AND VIDEOS THAT ARE AVAILABLE THROUGH THE WEBSITE.

 

5.8 We do not seek ownership of your , but you shall grant us a license to use it. Your rights to your  shall be unchanged. We do not claim ownership of your  that you post to or through the Website. You hereby grant us a non-exclusive, royalty-free, worldwide license with the right to transfer and to sublicense to store, use, distribute, modify, launch, copy, publicly perform or display, translate your  and create derivative works on its basis. The license shall expire when your  is deleted from our systems unless otherwise is required by applicable law. You may delete the  separately or as a whole by deleting your account. You shall be solely liable for ensuring that the relevant obligations of your copyright protection entity are complied with. You shall grant us the right to use your images.


6. Fee

 

6.1. The Administration's fee shall be not less than 15% from the amount of confirmed and duly paid Order, unless otherwise provided in these Termss with the Travel Expert.

 

6.2. The Administration's fee includes all necessary taxes and obligatory payments.

 

6.3. All payments shall be made in USD. The Travel Expert's obligation is considered as duly performed as of moment the Services are provided to the User and the fee is credited to the Administration's account.

 

6.4. The Administration is entitled not to transfer funds until the details are specified in the Account by the Travel Expert. Penalties for late payment are not charged and are not paid by the Administration.

 

6.5. Travel Expert is liable for payment of taxes on income received for Services, additional services, related products.

 

7. Providing Services

7.1. The Travel Expert puts on the Website an advertisement regarding his services. The Travel expert may edit information about the services in his Account.


7.2. The Travel Expert guarantees that the information about the services related to the Author's tours is true, complete and up-to-date both at the time of addition and in the future.

7.3. In case of successful verification of information about the Services, the Administration forms a Travel Expert profile on the Website.

 

8. Rights and obligations of the Travel expert

8.1. The information regarding the Author's tour (Services) shall include:

8.1.1. type of author's tour and its description, broken down by dates;

8.1.2.description of the route of the author's tour;

8.1.3. the number of participants in the author's tour;

8.1.4. description of additional services;

8.1.5. conditions for a refund, in case of cancellation of the Order by the User in more than 24 hours. These conditions must not contradict the Refund Policy posted on the Website. The Administration is entitled to to withhold in its favor the fee for the generated Order, as well as the commission for the transfer;

5.2.1. a list of necessary/recommended clothing/equipment for the User (if necessary);

5.2.2. a list of equipment and equipment provided to the User (if necessary);

5.2.3. on the requirements imposed by authorized bodies on documents (including for foreign citizens);

5.2.4. on the possibility of acquiring medical insurance and on the conditions of insurance;

5.2.5. about the rules of conduct during participation in the Author's tour;

5.2.6.     about possible difficulties associated with ignorance of the language of communication of the country (place) of residence;

5.2.7.     on the state of the natural environment in the country (place) of stay and on the specifics of weather conditions;

5.2.8. o sanitary and epidemiological situation in the country (place) of temporary residence;

5.2.9. about the dangers that may be encountered during participation in the Author's tour;

5.2.10.      about what medical measures (including vaccinations) must be taken to enter the country (place) of temporary residence and participate in the Author's tour.

 

5.3. The Travel Expert is entitled to establish an installment plan for payment of Author's tours for Users. The Travel Expert is entitled to refuse to provide an internal installment plan for the Services rendered by him without explaining the reasons.

 

5.4. The Travel Expert shall  pay fee to the Administration as stated in these Termsthese Terms. In cases (established by the Terms and Conditions), when the User is refunded 100% of the funds paid by him, the Travel Expert's fee paid in favor of the Administration is returned to him in full.

 

5.5. The Travel Expert shall  provide the Administration with information on the services actually provided by the Travel Expert for each Transaction (Order) with the User, to the extent required by the Administration. The specified information is provided to the Administration within 3 (three) business days after the request is received by the Travel Expert.

 

5.5.1. Information and documents confirming the expenses actually incurred by Travel Expert are provided no later than 14 (fourteen) calendar days from the date of sending the request to Travel Expert.

 

5.6. The Travel Expert shall  independently and properly fulfill the obligations to the User under the Transaction, as well as to independently settle the claims of the Users related to such obligations, including claims arising from the discrepancy between the amount of the Transaction and the current rates of the Travel Expert.

 

5.7. The Travel Expert shall to be responsible for the legitimacy of the services provided by the Travel Expert within the framework of Author's tours and Transactions.

 

5.8. The travel expert shall to notify the Administration of any changes within 3 (three) calendar days, including: changes in its company name (last name, first name or patronymic), legal address, actual address, postal address, bank details, Website address, the applicable taxation system, as well as passport data.

 

5.9. The Travel Expert warrants that the cost of any of its Authorized tours on the Website is no more than on any other resource on the Internet, including, but not limited to, its own Website or social media pages or accounts, such as pinterest, youtube, and others. If the User finds a trip of this Travel Expert at a lower cost within 24 hours after the payment made by him and provides a valid link to information about this, the Travel Expert shall to immediately reduce the cost of the trip on the Website and compensate this difference to the User.

 

5.10. If the information () posted by the Travel Expert is protected by copyright, the rights to such information are reserved by the Travel Expert who posted such information. At the same time, Travel Expert grants the Users of the Website a gratuitous non-exclusive right to use such  by viewing, reproducing (including copying), processing (including printing copies) and other rights solely for the purpose of personal non-commercial use, except in cases when such use causes or is likely to cause harm to the legally protected interests of the right holder.

 

5.11. The Travel Expert shall, no later than 3 (three) days from the date of the request, to provide the Administration with documents confirming the legitimacy and guarantees of the Author's tours on the date indicated by the Travel Expert, as well as confirming the legitimacy and authority of the Travel Expert to make Transactions.

 

6. Performance

these Terms
6.1. The User, using the Website, sends an Order, which is displayed in the Account on the Website and in the application for Travel Experts.

6.2. If the Travel Expert confirms the possibility of providing the Service in the Account on the Website and in the mobile app for Travel Experts, than the Travel Expert is considered to be bound by such promise. The User pays for the Services a nominal account.

6.3. The service can be paid by the User by means of internal installments according to the conditions of the Administration's partner.

6.4. Payment for the Services by means of an internal installment plan is made monthly, in equal parts of the cost of the Service. The amount of the monthly payment is determined by these Terms between the Travel Expert and the User, depending on the total cost of the Services.

6.5. The date of the monthly payment for the internal installment plan is set depending on the User making the first payment for the Travel Expert Services - the payment date is the same day of each subsequent month after the first payment.

6.6. In the absence of a monthly payment by internal installment within 1 calendar month after the date of payment established by clause 6.7. of these Termsthese Terms, the Travel Expert is entitled to to refuse to provide the Service to the User.

 

7. Amendments and Termination.

7.1. The Travel Expert may cancel the Service Agreement (Order) within a period not exceeding 24 hours (96 hours for accounts with increased clearing) from the moment of receiving a request for the provision of Services within the Author's tour, or until the User makes payment for such an Order. If the period for the Travel Expert to withdraw from these Terms does not exceed 24 hours (96 hours for accounts with increased clearing), the Administration automatically refunds the amount paid for the order to the User without the participation of the Travel Expert.

7.2. In case of refusal of the User from these Terms for the provision of services by Travel Expert:

7.2.1. Returns the funds to the User in full within 3 (Three) working days, unless otherwise specified in the description of the Author's tour and the Order.

 

7.2.2. If the Travel Expert receives information about the impossibility of providing the booked and/or confirmed Service or about changing the parameters of the booked Service, the Administration offers the User alternative Services.


7.3. If the Travel Expert did not provide the Service and / or additional service or did not provide the paid related products to the User, the funds shall be returned by the Travel Expert to the User in full within three working days.

 

7.4. The cancellation conditions set by the expert independently and individually for each tour and relevant at the time of making the deposit, are not subject to change during the entire duration of the Tour.

 

 

8. Prohibited actions of the Travel Expert

A travel expert is prohibited from:

8.1. Use the Website in ways not expressly provided for in these Terms.


8.2. Attempt to gain access to the personal information of other Travel Experts in any way, including, but not limited to, by deception, breach of trust or hacking of the Website.

8.3. Take any actions, including technical ones, aimed at disrupting the normal functioning of the Website.

8.4. Use any technical means to collect and process information on the Website, including personal data of Users and other Travel Experts.

8.5. Copy, modify, prepare derivative works of, decompile, attempt to reverse engineer or otherwise modify the Website.

8.6. Mislead other Travel Experts, Users, Administration in any way.

8.7. Impersonate another person, his representative, without sufficient rights, including the Administration or its employees, as well as use any other forms and methods of illegal representation of other persons.

8.8. Use information about the received phones, postal addresses, e-mail addresses to send spam, i.e. messages of a commercial and non-commercial nature.

8.9. Use logos, trademarks and / or other commercial designations of the Administration without permission.

8.10. Provide access to the Account to third parties. The Travel Expert is solely responsible for transferring access to the Account to third parties.

8.11. Accept payment from Users at the place where the Services are provided and not pay fee to the Administration.

 

8.12. Change the Cancellation Conditions for the Tour if the deposit has already been received by the Travel Expert.

 

9. Report

9.1. At the end of the reporting period, the Travel Expert confirms to the Administration the information about the payments made by the Users to the Travel Expert.


9.2. A report on completed Orders is reflected daily in the Travel Expert's Personal Account. An Order is considered to be executed, according to which the Travel Expert has provided the Service to the User and for which there are no complaints/comments from the User. In relation to the generated and executed Orders, the Administration indicates the amount of fee for the information services provided to the Travel Expert.

9.3. The report states:

9.3.1. numbers of executed Orders;

9.3.2. information about Users;

9.3.3. the amount of payment of the Travel Expert;

9.3.4. the amount of fee of the Administration.

 

9.4. The travel expert is entitled to send his written objections to the report no later than 3 (three) working days from the date of its receipt.

 

9.5. If the Travel Expert does not send the Administration written objections to the Administration's email address within the specified period, the report is considered accepted by the Travel Expert, and all primary documentation (acts, reports in the personal account) are considered automatically signed by the Travel Expert and are legally significant.

 


10.1 Warranties and Liability


10.1Your Warranties and Liability


10.1.1.  You warrant that you have all powers and capacity required to enter into these Terms and other rules, terms and conditions and shall be liable for assessing the accuracy, completeness and fitness of all opinions, estimates, services and other information, quality and functions of the goods provided through the Website.


10.1.2.  You may not transfer your rights or obligations under these Terms without our consent.


10.1.3.  You shall be personally liable for any  information that you post on the Website or otherwise communicate to the general public on or through the Website. You undertake to independently settle claims of any third parties that are related to inappropriate posting of information on the Website.


10.2. Administration Warranties and Liability

10.2.1. We shall have the right to assign our rights and obligations to other persons. For example, this may occur in the event of a change of ownership (due to merger, acquisition or sale of assets) or by virtue of law.


10.2.2. The Website shall be provided “as is”, we make no warranties that:


 The Website will operate continuously and will be free from technical errors;

  The Website will meet all your expectations or requirements.

10.2.3. We shall not control any statements and actions of people and other persons and shall not be liable for their (or your) actions and conduct (on and off the Internet) or the  (including unlawful or objectionable one). Furthermore, we shall not be liable for the services and functions offered by other people or companies, even if you access them through our Website.

10.2.4. We shall not participate in generating the information of your account and the , shall not control your actions or censor information in the open sections of the Website or in your account. Due to the specific features of the Website functioning, we shall not moderate the information and  you post and are not responsible for their , but we do have certain pre-filtering algorithms that do not allow you to publish  on the Website that is expressly prohibited by the Website's rules.

10.2.5. We shall not bear any liability for any information presented and posted by the Users and/or authorized third parties.

10.2.6. The Website is provided “as is” and “as available”. We expressly disclaim any representations or warranties of any kind, express or implied, including fitness for any particular purpose and non-infringement as to the operation of the Website. You agree that we will not be liable for any lost profits or income, lost information or data or for any indirect, punitive or incidental damages arising out of or in connection with these Terms, even if we were aware that such damages could be incurred. This provision shall apply as well to our deletion of your information or account, loss of business, goodwill or business opportunities or business interruption. Any other losses will be limited to the amount you paid to Administration during the past 12 months.

10.2.7. We exclude our liability for death or personal injury that may occur during the  creation by the User.

11.   Special Conditions


11.1. Administration Logo. The User has been notified of and agrees that when images and videos are posted, each of such images or videos may be provided with the Administration logo that is due to the Website functionality.

11.2.  Applicable Law and Jurisdiction. These Terms, its subject matter shall be governed by the law of California. All disputes between the parties to these Terms shall be resolved through correspondence and negotiations in the course of compulsory pre-court dispute settlement procedure (pre-action protocols). If the parties cannot reach an agreement through negotiations within sixty (60) days from the date the other party receives a written claim, the dispute shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce(the jurisdiction over the case of any other courts shall be ruled out unless otherwise is stipulated by domestic laws) The seat of arbitration shall be the location of any of Administration companies. The language to be used in the arbitral proceedings shall English.

11.3. Entire Agreement. These Terms (including all rules, terms and conditions) shall constitute the entire legal agreement between you and Administration, govern your use of the Services and supersede in full any prior agreements between you and Administration in relation to our Services.

11.4. Age Limit. The Services shall be provided solely to persons aged 18 and over except where other age limits are required by legislation of the countries you use the Website from (higher limits).  By using the services, you confirm that you are over the respective age specified in these Terms. If we become aware that someone under the respective age specified above uses the Services, we will terminate that User’s account.

11.5. Waiver. Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or right.

11.6.Safety. We do not warrant that our Services will be safe or free from any bugs or viruses. You shall be liable for configuring your information systems, computer programs and the Website to access our Services. You must use your own anti-virus software.

11.7.  Partial Invalidity. If a court having jurisdiction to rule on this matter determines that any provision of these Terms is invalid, such provision will be deleted from the Agreement without affecting the remaining part of these Terms and other provisions will remain valid and enforceable.


11.8.  Communication


• Any notices may be sent by one party to the other party:  By e-mail to the e-mail address of the User specified by him/her when signing up or to the e-mail address of Administration [email protected]

   • In the form of an SMS message to the User’s mobile phone number: by the User’s phone number specified by him/her when signing up;


   To the Notifications section of the User’s personal profile on the Website.


12.  Additional Terms and Conditions—App Stores

To the extent permitted by applicable law, the following additional terms and conditions shall apply when accessing the Website through certain devices.

12.1. Apple Products Note. By downloading our Website to devices manufactured by Apple, Inc. (hereinafter “Apple”) or from the Apple AppStore, you acknowledge and agree that:

  These Terms shall be valid between Administration and you; Apple shall not be a party to these Terms;

   License granted to you under these Terms shall be limited to your personal, limited, non-exclusive, non-transferable right to install the Website on Apple devices that you own or control for your personal, non-commercial use in accordance with the Terms and Conditions of Use set out in the terms and conditions of Apple AppStore services;

   Apple shall not be liable for the Website or its  and is not obliged to provide any services for maintaining or supporting the Website;

 To the fullest extent permitted by applicable law, Apple will have no other warranty obligations with respect to the Website;

  Apple shall not be liable for any claims of yours or of any third parties that relate to the Website, your possession or use of the Website, including, without limitation, (a) claims related to the product quality; (b) any claims to the effect that the Website does not comply with all applicable laws and regulatory requirements; and (c) claims arising from consumer rights protection or from applying similar legislation;

  If any third party alleges that the Website or your possession and use of the Website infringes such third party’s intellectual property rights, Apple shall not be liable for investigating, defending, settling, or rejecting such intellectual property infringement claim.

12.2. Google Play App Store. By downloading the Website from the Google Play App Store operated by Google, Inc. or one of its affiliates (hereinafter “Google”), you acknowledge and agree that:

  In the event of a conflict between (a) the Google Play User Agreement, the Google Play Business and Program Policy or any other agreements that Google determines by default as the end-user license of the Google Play App Store (jointly referred to as the “Google Play Agreements”), and (b) other terms and provisions of these Terms, the Google Play Agreements will apply to the use of the Website that you downloaded from Google Play; and

  Google shall not assume any liability or obligations whatsoever arising out of Administration’s or your (or any other User’s) compliance or failure to comply with these Terms or the Google Play Agreements.