Booking Conditions
The following terms and conditions apply to all bookings made with Travulous and form the basis of all contracts with Travulous, a trading name of Travaleur Limited, 2nd Floor Nucleus House, 2 Lower Mortlake Road, Richmond, United Kingdom, TW9 2JA (company number 09427285). These terms and conditions form the basis of the contract between Travulous and the Travel Business.
Travulous makes available, as an intermediary, accommodation, specialist guiding and ground transport services operated and provided by independent third parties for booking by travel agents and tour operators who agree to sell such services to their own customers by entering into a direct contract with any such customers.
DEFINITIONS
In these terms and conditions, the following words have the following meanings:
“Balance Due Date” means the latest date by which payment of the full Travulous Price must be received by Travulous;
“Booking(s)” means a booking of any Services made with Travulous by the Travel Business;
“Customer(s)” means the person(s) or any of them (including the Lead Customer) who purchase a Trip or on whose behalf a Trip is purchased from the Travel Business, and who intend to personally use the Services;
“Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR (within the meaning of section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018); the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 (SI 2003 No. 2426) as amended; and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications).
“Departure” means the start date of the Services;
“Force Majeure” means an event or circumstances which Travulous or the supplier(s) of Travulous affected, could not, even with all due care, foresee or avoid;
“in writing” includes, unless otherwise specified, communications by e-mail and/or any other method agreed or notified by Travulous in writing;
"Lead Customer" means the first named Customer (and/or any substitute for that person) on a Booking;
“Local Laws” means all applicable laws, regulations, rules, codes of practice and other legal requirements which apply in any respect to the marketing, advertising or sale of the Services or the Trips by the Travel Business and/or the operation of the Travel Business’s business, including without limitation those relating to financial protection of payments made to the Travel Business by Customers, liability for the performance of the Trips, anti-bribery and data protection;
“Other Services” means the other services included in the Trip other than the Services;
"Services" means the accommodation, specialist guiding and ground transfer services organised and made available by Travulous for sale by the Travel Business to Customers;
“Travulous Agent Portal” means the Travulous Agent portal at https://www.travulous.com/agent-portal-home
“Travulous Price” means the example price per person payable for the Services as shown on the Travulous Agent Portal at the time the Booking is made;
“Travel Business(es)” means the travel business who makes the Booking and organises the Trip;
“Trip(s)” means the trip (tour/holiday/vacation) arrangements organised by the Travel Business and sold by it to Customers as principal of which the Services form part;
GENERAL
Subject to availability of any requested Services at the time of booking, Travulous authorises Travel Businesses registered on the Travulous Agent Portal to market and sell the Services, on a non-exclusive basis, to Customers and potential customers as part of a Trip. For the avoidance of doubt, Travulous is entitled to withdraw any of the Services at any time in the event that Travulous does not continue to operate the Services for any reason, either generally or for any period of time.
For the avoidance of doubt, no contract in respect of any Services will exist between Travulous and any Customer.
Subject always to compliance with these terms and conditions, the Travel Business is responsible for setting and agreeing all terms of the contracts entered into between the Travel Business and Customers including, without limitation, the price payable by Customers. For the avoidance of doubt, the price payable and the payment of the same to the Travel Business by Customers shall not affect the Travulous Price or the payment of the Travulous Price by the Travel Business to Travulous.
Nothing in these terms and conditions prevents or restricts Travulous from advertising, marketing, selling and/or making available any Services to customers through or in conjunction with any third party.
RESPONSIBILITIES OF THE TRAVEL BUSINESS
The Travel Business agrees (at its own expense) to:-
Direct contract:
Enter into a direct contract with each Lead Customer in respect of the Trip which includes the Services booked by that Lead Customer.
Booking procedure:
Comply with such booking procedures (including those applicable to changes and cancellations) for the Services as the parties agree in writing from time to time. Without limitation, the Travel Business agrees and acknowledges that a Booking is not contractually binding and all Services are subject to availability until confirmed by Travulous in accordance with its booking procedure and accordingly it must not book any Other Services (including without limitation any flights) in connection with any Services until it has received that confirmation.
Information:
Ensure all Customers receive all information made available by Travulous in respect of the Services, prior to making any Booking.
Compliance with Local Laws:
Comply in all respects with all Local Laws including without limitation, in relation to the marketing, promotion and sale of the Services and the Trips and the operation of its business.
Terms of contracts with Customers:
Ensure that all contracts with Customers for Trips include all permitted exclusions, limitations, restrictions and defences to liability in respect of the Services for the benefit and protection of Travulous.
Disabilities/medical conditions/reduced mobility/special requests:
Notify Travulous in writing prior to making any Booking for the Customers concerned of any disability, medical condition or reduced mobility advised by them (of which full details must be obtained and passed onto Travulous at the time) and not confirm any booking of the Services for those Customers until Travulous has confirmed in writing that it can accept the Booking in question. Advise any Customer making one that all special requests are subject to availability and cannot be guaranteed unless specifically confirmed in writing by Travulous.
Customer Insurance:
Ensure that all Customers are covered by suitable and adequate insurance for the complete duration of the Services.
Corrections and alterations:
Notify Customers immediately of any corrections, alterations or other information advised to it by Travulous by any means concerning any Services whether so advised before or after the Services concerned were booked. Confirm in writing to the Customer(s) concerned as soon as possible.
Representations:
Give Customers an accurate, clear and complete picture of the Services. Not to make any representation(s) or provide any information, verbally or in writing, to any Customer which is in addition or different to that appearing on the Travulous Website or otherwise provided by Travulous in writing without making it expressly clear that such representation or information derives from and is the responsibility of the Travel Business and not Travulous.
Complaints and other Customer communications:
Notify Travulous of any complaint by any Customer concerning any Services immediately on receipt.
AMENDMENT AND CANCELLATION
The Travel Business must comply with Travulous’ applicable procedures (including in respect of the payment of any administration or other charges) in relation to any amendment or cancellation of a Booking.
In the event of cancellation by any Customer, the Travel Business must pay Travulous the applicable cancellation charges as Travulous notifies the Travel Business in writing irrespective of whether the Travel Business receives payment of the same from the Customer.
The Travel Business acknowledges Travulous’s right to cancel any confirmed Services or Booking at any time up to Balance Due Date (or such other deadline as Travulous may advise at or prior to the time of booking) for any reason whatsoever, and at any time as a result of Force Majeure. The Travel Business further acknowledges Travulous’s right to make changes to any confirmed Services at any time including without limitation, as a result of Force Majeure.
In the event of cancellation or changes to any Services or Booking by Travulous (including without limitation, where the Customers affected cancel as a result of a significant change), Travulous will have no liability beyond the refund of the Travulous Price where paid and applicable in accordance with these terms and conditions, including for any costs, expenses, losses, compensation or other sums of any nature whatsoever which are incurred by the Customer and/or the Travel Business as a result of any cancellation including, without limitation, in respect of any Other Services or any other travel, accommodation or other services connected with the Trip.
PAYMENT BY THE TRAVEL BUSINESS
The Travel Business shall pay the Travulous price for each booking to Travulous in United States Dollar (USD), regardless of the currency in which payment is due to the Travel Business from the Lead Customer. The Travel Business is responsible for all bank and other charges incurred in making payment to Travulous and must ensure that all such sums are debited to its own account and not deducted from any payment made to Travulous.
Travulous, a trading name of Travaleur Limited, is a member of Protected Trust Services (PTS). Their PTS membership number is 5472. No matter where the Travel Business or Customers are located, all payments made are fully protected and held in a separate trust account, managed by independent trustees and only used to pay for the Trip. All payments made by the Travel Business for the Trip will be paid into the PTS trust account.
Where the Travel Business fails for whatever reason to make any payment to Travulous by the due date, Travulous shall be entitled (without prejudice to any of its other rights and remedies and without any liability whatsoever to the Travel Business or any Customer(s)) immediately on giving the Travel Business notice in writing to;
charge interest on the outstanding amount(s) at the rate of 5% above the base rate of Barclays Bank plc from the due date for payment until receipt of the full amount in cleared funds (whether before or after any judgment); and/or
cancel the Services to which the payment relates and/or any other booked Services; and/or
withhold and/or set off against any payment due from the Travel Business to Travulous, any amount due to the Travel Business on any basis.
Except where otherwise agreed in writing, Travulous will only issue vouchers and other documentation after receipt in cleared funds of the Travulous Price and any other amounts due to it for the Services in question in full.
LIABILITY
Travulous makes no warranties or representations as to the compliance of the Services or any services forming part of the Services or which are provided by or on behalf of Travulous or any of its suppliers with Local Laws or with any other laws, regulations, rules, legislation or legal requirements of any nature.
Except where and to the extent specifically otherwise notified by Travulous in writing, Travulous does not itself provide or operate any of the Services which are instead provided and operated by independent third parties over whom Travulous has no control. Travulous’ responsibilities in respect of the Services are limited to using its reasonable skill and care in selecting the suppliers and sub-contractors who will provide or operate such services. Travulous has no liability for the proper provision of these services or for the acts and omissions of the third parties providing or operating the same or their employees, agents, suppliers or sub-contractors.
Without prejudice to any other provision(s) of these terms and conditions, Travulous confirms that it has or will have contracts with the independent third parties who provide and operate the Services (“Supplier”) which require that;
the Supplier holds and/or will obtain and maintain all licences, permits and other authorisations required for or in connection with the provision of the contracted activities by the Supplier; and
the Supplier holds and maintains public liability insurance in respect of the provision of the contracted activities by the Supplier where locally available.
Without prejudice to any other provision(s) of these terms and conditions, Travulous has no liability and shall not be in breach of this these terms and conditions where the performance of the Services is prevented or affected by Force Majeure or for any damage, loss, cost, expense or other consequence which is suffered or incurred by any party (including without limitation, the Travel Business and Customers) as a result of Force Majeure. Without limitation, Travulous shall not be obliged to make any refunds, meet any expenses or costs or pay any compensation in the event that the Services are not performed as contracted or at all as a result of Force Majeure.
Without prejudice to any other provision(s) of these terms and conditions, Travulous is entitled to rely on and have the benefit of all permitted exclusions, limitations, restrictions and defences to liability in any legislation (including without limitation, any international convention or EU regulation) which applies to any Services (including without limitation, any and all exclusions, limitations, restrictions and defences to liability as are available to any carrier under or in accordance with any international convention or EU regulation).
Further without prejudice to any other provision(s) of these terms and conditions, Travulous’ maximum liability in relation to any claim in respect of or arising from any Services or Booking(s) shall be limited to the applicable Travulous Price save where and to the extent the claim concerns the death or personal injury of any Customer and arises from the negligence of Travulous or any of Travulous’ employees acting in the scope of their employment.
Save as expressly set out in these terms and conditions, Travulous shall have no liability in respect of any Trip or Other Services. Without limitation, Travulous shall not be responsible for the payment or refund of any of any costs, expenses, compensation, damages or other sums of any nature which relate to any Trip or Other Services.
INDEMNITY
Subject to compliance with clause 3 (see below) by the Travel Business (on which, for the avoidance of doubt, the provision of the Indemnity is conditional), Travulous agrees to indemnify and keep indemnified the Travel Business in respect of the “Indemnified Liability” as defined in the clause 2 (see below).
The Indemnified Liability consists solely of the damages, expenses and costs (including the reasonable legal costs of the Claimant) for which the Travel Business becomes liable as a result of the failure of Travulous to exercise reasonable skill and care in the selection of the Services. For the avoidance of doubt this does not include any indirect or consequential loss or damage howsoever arising.
The Indemnity is subject to compliance by the Travel Business with the following conditions:
As soon as reasonably practicable (and in any event within a maximum of 28 days) after the Travel Business becomes aware of a claim against them by a Customer which may give rise to an Indemnity in accordance with clauses 1-4 (an “Indemnified Claim”) or of any circumstances which may result in an Indemnified Claim (including without limitation, any form of notification from or on behalf of a Customer that personal injury, illness, death or any other form of loss or damage has been suffered by a Customer while using or otherwise in connection with any Services), the Travel Business shall provide full written details of the same to Travulous using such specific e-mail address(es) and/or other form of communication as is notified in writing to the Travel Business by Travulous from time to time.
The Travel Business shall deal with the Indemnified Claim as reasonably directed by Travulous and shall otherwise promptly provide all assistance in relation to the same as Travulous reasonably requests. Without limitation, Travulous shall not provide any Claimant or any person acting on behalf of any Claimant (including any legal advisors) with any document(s) or information or facilitate access to any documents, premises or persons without the prior written agreement of Travulous.
The Travel Business shall not make any admission of liability, offer of settlement or compromise (whether or not on a without prejudice basis) or otherwise do or say anything which may adversely affect the defence or conduct of any Indemnified Claim without the prior written agreement of Travulous (such agreement not to be unreasonably withheld or delayed).
The Travel Business shall promptly provide to Travulous copies of all documents, records, information and other material of any nature or description which relates to the Indemnified Claim and which is within the Travel Business’s control including without limitation, any letter of claim, claim form, other legal proceedings and correspondence received from or on behalf of any Claimant or any solicitors or other professional advisors acting on behalf of any Claimant.
Where requested by Travulous, the Travel Business shall immediately permit Travulous to take over the conduct of any Indemnified Claim and shall fully and promptly cooperate with Travulous in relation to the transfer of the same to Travulous.
The Travel Business shall comply with the terms of these terms and conditions and where Travulous commits a remediable breach of the same, shall remedy the breach within 7 days (or such longer period as the parties may agree) of being notified in writing of the breach and required to remedy the same by Travulous.
In the event of any material breach by the Travel Business of any of the Conditions which is irremediable or, where remediable, is not remedied within 7 days (or such longer period as the parties may agree) of the Travel Business being notified in writing of the breach and required to remedy the same by Travulous, Travulous shall be entitled on giving notice in writing to the Travel Business to refuse to provide or to terminate any Indemnity in respect of any Indemnified Claim to which the breach relates.
DATA PROTECTION
Each party shall comply with all their obligations imposed under Data Protection Legislation.
PROPER LAW AND JURISDICTION
These terms and conditions and any other agreement between the parties is governed by English law. The parties agree that any dispute, claim or other matter of any description which arises between them will be dealt with by the courts of England only to the exclusion of all other courts.