The following definitions are used in these Terms. Where these terms are used, they shall have the meaning set out below.
Account: shall have the meaning set out in clause 4.1.
Booking: a booking made by you on the website for one or more Services.
Booking Acknowledgment: shall have the meaning set out in clause 5.3.
Client: an end-user of the Services.
Contract: shall have the meaning set out in clause 5.2.
Customer, you: the customer (including, but not limited to a tour operator, travel agent or educational institute) using the website to make a Booking.
Force Majeure Event: any act or event beyond our (or the Supplier’s) reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
TripCenter, we, us: TripCenter, part of Let’s Travel Services Limited, full details of which are set out in clause 2.
Platform: the booking platform provided by TripCenter on the website through which Customers can make Bookings.
Service: means a service provided by a Supplier to Clients pursuant to a Booking made by the Customer.
Supplier:a supplier of Services, including but not limited to a coach company, tour guide, driver guide, trip or attraction provider.
Terms: these terms and conditions, as may be varied by us from time to time in accordance with clause 11.2.
Platform, website, portal: the website at www.tripcenter.net
- ABOUT US
- We operate and make available to you the Platform. We are a company registered in England and Wales under company number 04841327. Our registered office at 3rd Floor, 207 Regent Street, London, W1B 3HH, UK. Our correspondence address is: TripCenter, 1st Floor, Congress House, 14 Lyon Road, Harrow-on-the-Hill, Greater London, HA1 2EN, UK.
- To contact us, please use the contact details set out at clause 13.
- ABOUT THE WEBSITE AND THESE TERMS
- It is important that you read these Terms carefully. You should print out a copy of these Terms for your future reference.
- These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
- If you have any questions or queries, or if you would like to request a printed copy of these Terms, please contact us using the contact details set out at clause 13.
- We may amend these Terms from time to time, as set out in clause 11.2.
- ABOUT YOU
- To access the Platform, you will need to create an account on the website (“Account”).
- When creating an Account, you will be asked to enter your email address (which will become your username) and a password will be generated by us and sent to you by email to the registered email address. Your password will be unique to you. You must keep your password confidential.
- You are responsible for all your activities, including all Bookings, undertaken through your Account, including the use of your user name and password and through any sub-accounts which may be created by you under the Account.
- Any Booking which is made through your Account (or any sub account) shall be deemed to be made by an authorised representative of the Customer.
- By making a Booking on the website, you warrant that:
- you have the authority to bind any business on whose behalf you make the Booking; and
- you have the authority and legal right to use any debit or credit card(s) used to purchase the Booking.
- THE BOOKING
- We act as a disclosed agent for the Suppliers who promote their Services through the Platform. The Supplier is the principal in connection with the supply of the Services. We arrange and agree orders for Services on behalf of the Supplier between you and the Supplier.
- When you complete a Booking through the Platform, the resulting legal contract is between you and the relevant Supplier(s) and such contract shall comprise of these Terms and, the email confirmation of the Booking (the “Contract”).
- After you make a Booking, and we accept the Booking, you will receive an email from us confirming acceptance of the Booking (“Booking Acknowledgement”) acknowledging that we have received your order for Services and if we accept the Booking. The Contract between you and the Supplier will only be formed when we have sent to you the Booking Acknowledgment.
- THE SERVICES
- If you have any special requests relating to the Booking, including any special travel arrangements, dietary requirements, health or mobility issues which need to be made on behalf of the Clients, such requests should be sent directly to the relevant Supplier through the Platform. A Supplier shall consider any such requests that it receives but shall not be required (unless required by law) to accommodate such requests when supplying the Services.
- All Clients shall be solely responsible for ensuring that they have valid passports, visas and any other travel documentation to travel to, through and within any country which is listed as part of the Services.
- All Clients shall be solely responsible for complying with local laws in the countries where the Services are provided including driving hour regulations and working hour regulations for other Suppliers such as tour guides, driver guides. For more information on driving regulations in UK and European Union, please visit https://www.gov.uk/drivers-hours/overview
- No person under the age of 18 shall be permitted to participate in any of the Services unless accompanied by an adult or as expressly permitted in writing by the Supplier.
- PRICES AND PAYMENT
- Details of the prices for the Services shall be set out on the Platform.
- The prices on the Platform are subject to change at any time. The final price for the Services shall be that set out in the Booking Acknowledgment.
- Unless expressly mentioned otherwise, all prices set out on the Platform shall be inclusive of VAT.
- Anything which is not stated as being included price on the Platform shall be expressly excluded.
- BusNet: Price on the platform includes vehicle and driver hire, fuel, BAA and all railway station and sea port charges.
- GuideNet: Price on the platform includes 11 daily working hours for tour guides.
- GuideNet: For driver/guides price on the platform includes vehicle and driver hire, guide’s full daily working hours, fuel, BAA charges and any parking, toll and bridge charges.
- You shall be required to make payment for the Services in accordance with the payment schedule set out in the Booking Acknowledgment.
- You shall be required to pay a deposit for the Services, the details of which shall be included on the Platform. In the event that a deposit is required, your Booking will not be accepted by the Supplier until such time that the deposit has been received in full and cleared funds.
- All payments made under any Contract shall be made in full and cleared funds to TripCenter Escrow bank account, the details of which shall be made available to you upon request.
- TripCenter is authorised by each Supplier to hold all funds paid by you to TripCenter in respect of the Services until such time that the Services have been completed. The funds shall then be released to the Supplier.
- Any late payments made by you may incur interest at the rate of 4% per annum above the base rate of the Bank of England. We shall notify you of any such interest which shall become payable by you at the same time as you make the payment.
- We reserve the right at all times to modify or cancel a Booking as a result of late payment, in accordance with clause 9.4.
- OUR LIABILITY
- We shall use our reasonable endeavours to verify the information which is provided by the Suppliers and which we include on the Platform. We shall not, however, be liable to you should any such information be incorrect or misleading. We shall accept such documentation from the Suppliers in good faith and shall not be liable in the event that it is later found that any such documentation was fraudulently provided, that any information in such documents is inaccurate or incorrect, or that such documentation was not valid at the time of a claim against the Supplier.
- As part of our verification checks against Suppliers, we shall ask each Supplier to provide certain documentation relating to its insurance policies and any other policies, checks or documentation which it is legally required to have undertaken and/or to have in place.
- You may request copies of the documentation which we hold in relation to a particular Supplier and we may, at our sole discretion, provide you with such copies. We reserve the right to charge an administration fee in respect of any such copies that we provide.
- Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- our fraud or fraudulent misrepresentation;
- anything else which cannot be limited or excluded by law.
- The Customer hereby agrees and acknowledges that neither TripCenter nor its parent or any of its subsidiary companies, will under no circumstances be held liable with respect to the Services or in any way in connection with the Booking, other than as expressly set out in clause 8.4.
- Notwithstanding clause 8.5 and subject always to clause 8.4, we shall under no circumstances whatsoever be liable to the Supplier, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:
- any loss of profit, revenue or anticipated savings; or
- any indirect, special or consequential losses; and our total liability in respect of all other loss or damage arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not (unless otherwise agreed in writing between the parties) exceed the price of the Booking paid by you to us.
- The information displayed on the website has been provided by the respective Suppliers and we do not accept any liability for any inaccuracies. You must ensure that you verify all information given before making a Booking and raise any concerns with us or the Supplier directly.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes (even if you have told us what those purposes are).
- Except as expressly set out in these Terms, all the information contained on the Platform is provided without any warranty (either express or implied) or implied term of any kind, including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or noninfringement. All such implied terms and warranties are excluded. By accessing the Platform, you agree that we will not be liable for any direct, indirect or consequential loss arising from the use of the website, any delay or inability to use the Platform, or from your use of links from the website.
- We do not guarantee that the website and the Platform, or any content on it, will always be available or be uninterrupted. Access to the website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the website without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
- For the avoidance of any doubt, neither TripCenter nor the Supplier have any direct contractual relationship with any Client.
- CANCELLATION OR MODIFICATION OF BOOKING
- If you need to cancel a Booking or any part of a Booking, you will need to notify the relevant Supplier. You can do this through the relevant section on the Platform. The cancellation policy set out herein shall apply to any such cancellation and you shall be required to pay any cancellation charges which are set out in that policy.
- Your right to receive a refund in respect of all or part of the money you have paid in connection with a Booking will depend on whether the Booking is for travel during high season or low season and will depend on the period of time between notification of cancellation and the start date of your Booking. Full details of the cancellation policy which shall apply to your Booking shall be made available on the website and you should review this carefully prior to making your Booking.
- Your right to modify the Booking, or any part of it, will be solely at the discretion of the Supplier and shall be subject to confirmation. If the amendment is not confirmed or rejected, the original Booking remains confirmed and you are still liable to make payment as per clause 7.
- We reserve the right to cancel any Booking (on behalf of a Supplier) in the event that payment has not been received from you in accordance with the terms of the Contract relating to that Booking.
- We reserve the right to cancel any Booking in circumstances where the Supplier is not able to provide the Services or where we consider, in our sole discretion, that it is not safe for the Supplier to provide such Services. In such circumstances, we shall refund to you any monies which have been paid by you in respect of the Services, thereby, no monies will become payable to the Supplier.
- In the event that a reimbursement is due to the Customer, we shall arrange for such payment to be made to the same card / bank account as the original payment for which the Booking was made. We shall pay such reimbursement to you within [60 days of receipt from the Supplier of the relevant amount.
- We, on behalf of the Supplier, may make changes to the Services in the time between you receiving the Booking Acknowledgment and completion of the Services. If there is a significant change to the Services (for example, a change to travel dates or locations or a material change to the proposed schedule for the Services) the Customer shall be entitled to terminate the Contract without incurring any charges.
- Neither TripCenter nor the Supplier will be liable or responsible for any failure to perform, or delay in performance of, any of the obligations under a Contract that is caused by a Force Majeure Event.
- SUSPENSION OR CANCELLATION OF YOUR ACCOUNT
- We can suspend or terminate your use of the Platform at any time by suspending or terminating your Account if you are in breach of these Terms (including any document referred to in them) or if we have reasonable grounds to believe that you have or are likely to breach any of these Terms.
- In the event that we suspend your Account, pending further investigation of such breach, we will notify any Suppliers with whom you have a Booking and each such Supplier may, at its sole discretion, cancel any pending Booking.
- In the event that we cancel your Account, all Bookings will terminate immediately and you may be entitled to a refund of all or part of the amount you have paid in connection with any such Bookings dependant on our cancellation policy.
- On the cancellation by us or the Supplier of any such Bookings we shall return to you any funds which we hold in respect of any pending Bookings in accordance with clause 9.6, provided always that we reserve the right to deduct from such funds an amount equivalent to any monies which are owed to us or the Supplier in respect of any such Bookings pursuant to these Terms (including any relevant cancellation policy).
- Intellectual property rights: You agree and acknowledge that we own or are licensed to use all copyright, database rights, trade marks and other intellectual property rights in and to all the Platform and parts of the website and that nothing in these Terms or otherwise shall be deemed to be a transfer of any such intellectual property rights to you or any other person.
- Variation to Terms: We have the right to revise and amend these Terms from time to time. You will be subject to the Terms in force at the time that you make the Booking, unless any change to such terms and conditions is required to be made by law or governmental authority (in which case it will apply to Bookings previously placed by you), or if we or the Supplier notifies you of the change to such terms and conditions before a Booking Acknowledgment is sent to you.
- Severance: If any of the provisions of these Terms is determined by a competent authority to be invalid, unlawful or unenforceable
- to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Waiver: If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- Governing Law & Jurisdiction: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and submitted to the non-exclusive jurisdiction of the English courts.
- COMPLAINTS PROCEDURE
- If you have a query or a complaint about a particular Booking you should contact the Supplier directly through the website.
- If your complaint is not resolved by the Supplier you may report such complaint to us and we will review it. Any decision by us shall be final and binding on both you and the Supplier, subject always to you having the right to escalate any such dispute to an external body.
- CONTACT US
- You may contact us by using the live messaging service on the website, telephoning our customer service team at +44 20 3500 2271 or by e-mailing us at email@example.com. If you intend to write to us, you should address the communication to the correspondence address set out in clause 2.1.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered or correspondence office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission.
- In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.