General Terms and Conditions
Last Updated: 28th Dec 2018
Please read these General Terms and Conditions carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Tripwant Platform, you agree to comply with and be bound by these General Terms and Conditions.
1.1 We are Tripwant International Company Limited (collectively "we", the "Company") and we own and operate the site. Our site facilitates a convenient way to shop online including by using our Site, mobile, tablet and other smart device applications or software (collectively “services”).
1.2 We reserve the right to make changes to these terms and conditions from time to time without providing any prior notification. The amended terms and conditions are effective from the date they are published on our site. Your continued access and use of our site and our services shall represent your unconditional acceptance of the latest version of the terms and conditions.
1.3 The meaning of some words used in these terms and conditions:
1.3.1 “we”, “us”, “our”, “Tripwant” refer to Tripwant International Company Limited.
1.3.2 “you” or “your” refer to the person to whom we are providing the services or delivering merchandise and who is required to pay for the merchandise we delivered.
1.3.3 “Content” means all text, graphics, logos, icons, photographs, images, moving visual representational images or a combination of sounds and such images, audio, computer programs, and other material featured, displayed or used in or in relation to our site.
1.3.4 “merchandise” means the goods or services you ordered through our site, which you will pay for.
1.3.5 “intellectual property rights” means any and all patents, trademarks, rights in domain names, rights in designs, copyright and database rights (whether registered or not and any applications to register or rights to apply for registration of any of the foregoing), rights in confidential information and all other intellectual property rights of a similar or corresponding character which may subsist now or in the future in any part of the world.
1.3.6 “supplier” means the seller and supplier of the merchandise you ordered through our site.
1.3.7 “site” means www.tripwant.com, and any associated sites linked to it.
2.1 You are required to register with us when you use the services or place an order or make a booking. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or above and capable of forming a legally binding contract.
2.2 In consideration of your use of our services, you agree to:
2.2.1 Provide true, accurate, current and complete information about yourself when filling out our registration form; and
2.2.2 Maintain and promptly update your registration information to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that any information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration.
3. USE OF THE SITE
As a condition of your use of this Site, you warrant that:
I. You are at least 18 years of age and are of sound mind,
II. You possess the legal authority to create a binding legal obligation,
III. You will use this Site in accordance with the General Terms and Conditions,
IV. You will only use this Site to make legitimate reservations for you or for another person for whom you are legally authorized to act,
V. You will inform such other persons about the General Terms and Conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto,
VI. All information supplied by you on this Site is true, accurate, current and complete, and
VII. If you have an online account with this Site, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time without notice and for any reason, including, but not limited to, for violation of these General Terms and Conditions.
4. PROHIBITED ACTIVITIES
The content and information on this Site (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Site, 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 this Site. Additionally, you agree not to:
I. Use this Site or its contents for any commercial purpose;
II. Make reservation for travel-related products or services or other products on this Site for the purposes of resale;
III. Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
IV. Access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
V. Violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
VI. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
VII. Deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
VIII. "Frame", "mirror" or otherwise incorporate any part of this Site into any other Site without our prior written authorization.
If Tripwant suspects that you have breached the General Terms & Conditions (including without limitation if you have made multiple reservations on the Site and Tripwant considers (acting reasonably) that any such reservations are for the purposes of reselling) or your reservation or account shows signs of fraud, abuse, or suspicious activity, Tripwant may cancel any reservations associated with your name, email address, or account, and close any associated Tripwant accounts. If such reservations cancelled are non-refundable bookings, Tripwant reserves its right not to refund you for the cancelled reservations. In addition, we may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, Tripwant reserves the right to take any necessary legal action and you may be liable for monetary losses to Tripwant, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Tripwant Customer Service.
5. SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions of third party Suppliers will apply to your reservation and purchase of travel-related products and services that you select. Please read these additional terms and conditions carefully. To minimize the impact to your travel plans, you are advised to purchase travel insurance to cover travel disruption. You agree to abide by the terms and conditions of purchase imposed by any third party Supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the third party Supplier's rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
You acknowledge that some third-party Suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
7. FARES AND PRICES
Subject to the below, you acknowledge and agree that your debit or credit card will be charged by the Tripwant or the Supplier(s) with which your booking is made (as applicable) for the total booking price of the travel services in full at the time of the booking, which includes the price displayed on the Site, plus tax recovery charges, and service fees.
We do not charge an amendment fee for changes made by you on any bookings except air bookings, where we do charge an amendment fee. However, the relevant Third Party Supplier may charge a fee in connection with any changes, which will be payable by you (if any). The price of your new arrangements will be based on the prices that apply on the day you ask us to make the change. These prices may not be the same as when you booked the products or services.
8.1 Except where otherwise specified, we are not the Supplier of the merchandise. We are responsible for managing and administering the Site, arranging order processing and fulfillment for the merchandise you ordered from the Suppliers through our Site.
8.2 When you place an order you are making an offer to buy from the Supplier the merchandise you have specified at the price stated for those merchandise. You cannot cancel an order once it has been submitted, even if our acceptance or rejection of your order is still pending.
8.3 We will acknowledge your order to confirm that we have received your order by email. The confirmation will provide:
8.3.1 Details of what you have ordered,
8.3.2 Details of the price charged,
8.3.3 Information about the progress of your order, and
8.3.4 Estimated dispatch and delivery information.
This communication will be our acceptance of your order on behalf of the Supplier. You may track your order status online.
8.4 Our acceptance of your order will only cover the merchandise mentioned in it and may not cover all the merchandise you ordered. If this is the case, then the order you made for the remaining merchandise will only be accepted when we send a further acceptance of that part of your order.
8.5 The availability of the merchandise is as shown online and will be updated regularly by the Supplier. They should not be relied on as definite statements as to whether the merchandise you wish to purchase are actually in stock.
8.6 We reserve our right not to accept or cancel an order for any reasons at our sole discretion, including without limitation:
8.6.1 No sufficient stock to deliver the merchandise you have ordered;
8.6.2 No delivery can be arranged for your area; or
8.6.3 One or more of the merchandise you ordered was listed at an incorrect price due to a human or computer error or an error in the pricing information provided by the supplier.
8.7 If we cancel your order we will notify you by email and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within sixty (60) days of your order. You accept that we will not be obliged to offer any compensation for disappointment suffered.
9. PAYMENT AND FEES
In the event that your payment is taken at the time of booking, the company taking that payment and charging your payment card will be: (1) Tripwant International Company Limited, Unit B7, 12/F, Efficiency House, 35 Tai Yau Street, San Po Kong, Kowloon Hong Kong or (2) the travel service provider directly. Where Tripwant takes your payment and charges your card, the law governing that payment transaction will be the laws of Hong Kong. You agree that Hong Kong Courts shall have jurisdiction to hear and determine any dispute arising from the payment transaction with Tripwant.
Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee are determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on this Site. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
We only make deliveries through Hong Kong Speed Post in the specified areas of Hong Kong from Monday to Sunday except Public Holidays and when typhoon warning signal No. 8 or above or black rainstorm warning is in force. We currently do not make deliveries to remote areas and outer islands, and buildings without elevator facility. We reserve the right to decline delivery at our sole discretion. You agree and accept that you will collect your ordered merchandise from our office and under no circumstances will we accept cancellation of order or refund.
We will deliver the merchandise ordered by you to the address you give us for delivery at the time you make your order through our staff or a third party provider. You agree to present your photo identification upon request when you acknowledge receipt of the merchandise. The merchandise shall be, and shall be deemed to be, delivered and accepted by you when the merchandise are delivered to the address you give us for delivery. You agree and accept that we are entitled, at our option, to charge you additional costs or cancel your order in the event of your failure to accept delivery for whatever reasons.
Unless otherwise specified, we will use all reasonable commercial endeavors to make delivery within 14 days after your order is accepted.
You will become the owner of the merchandise you have ordered when they have been delivered to you. Once merchandise has been delivered to you they will be held at your own risk and we will not be liable for the loss or damage.
11. RETURNS OR EXCHANGES (FOR TELECOMMUNICATIONS/ FOOD & BEVERAGE/ SPECIALTY ITEMS AND TRAVEL GADGETS ONLY)
Unless otherwise specified, our orders are non-cancellable and non-refundable. Please read the General Terms and Conditions and Rules & Restrictions as specified by the Suppliers carefully before you place an order.
12. MODIFICATIONS OR CANCELLATIONS (FOR LOCAL TOURS ONLY)
Unless otherwise specified, you can cancel the confirmed order as follows: If reservation cancelled within 60 days prior to departure date, then 20% cancellation fee per person applied; If reservation cancelled 30 days prior to departure, then 50% cancellation fee per person applied; If reservation is cancelled 14 days or less to departure, then 75% cancellation fee per person applied. If reservation is cancelled 6 days or less prior to departure, then 100% cancellation fee per person applied.
If inclement weather creates an unsafe or uncomfortable scenario for customers, Suppliers may modify or cancel the order. If there is a sustainable change in the itinerary or the local tour services needs to be cancelled, Tripwant will work with the Suppliers and/or customers to offer the alternative date, an appropriate refund or a rebooking.
13. TRAVEL DESTINATIONS
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Tripwant have no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information in good time before booking and departure. We accept no liability if you are refused entry onto the flight or into any country due to failure on your part to carry the correct passport, visa or other documents required by any airline, authority or country, including countries you may just be transiting through. This includes all stops made by the aircraft even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change at any time and you should consult your doctor on current recommendations before you depart. It is your responsibility to ensure that you obtain the recommended inoculations, take all recommended medication and follow all medical advice in relation to your trip.
By offering reservations for travel products in particular international destinations, Tripwant does not represent or warrant that travel to such areas is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.
14. LIABILITY DISCLAIMER
The Services and information published on this Site may include inaccuracies or errors, including pricing errors. In particular, Tripwant do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the travel products and services displayed on this Site (including, without limitation, the pricing, photographs, general product descriptions, etc.). In addition, Tripwant expressly reserves the right to correct any pricing errors on our Site and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty. Tripwant is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking.
Tripwant and the Suppliers make no representations about the suitability of the Services and information contained on this Site for any purpose, and the inclusion or offering of any products or services on this Site does not constitute any endorsement or recommendation of such products or services by Tripwant and the Suppliers. All such Services and information are provided "as is" without warranty of any kind. Tripwant and the Suppliers disclaim all warranties and conditions that this Site, its servers or any email sent from the Tripwant and the Suppliers are free of viruses or other harmful components. Tripwant and the Suppliers hereby disclaim all warranties and conditions, whether express or implied, with regard to this Services and information, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, compliance with any description, title and non-infringement, including that this Site shall be free from infringement of any copyright, trademark or other intellectual property rights of third parties.
The Suppliers providing travel-related products and services or other services on this Site are independent contractors and not agents or employees of Tripwant. Tripwant 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. Tripwant are not liable for any costs, expenses, claims or damages arising out of any services to recover any of the foregoing, including without limitation relocation costs. Without limiting the foregoing, Tripwant has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall Tripwant and the Suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Site or with the delay or inability to access, display or use this Site (including, but not limited to, your reliance upon opinions appearing on this Site; any computer viruses, information, software, linked sites, products and services obtaining through this Site; or otherwise arising out of the access to, display of or use of this Site) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Tripwant and the Suppliers have been advised of the possibility of such damages.
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 General Terms and Conditions is found to have failed of its essential purpose. The limitations of liability provided in these General Terms and Conditions inure to the benefit of Tripwant and the Suppliers.
You agree to defend and indemnify Tripwant and the Suppliers and any of their 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:
1. You or on your behalf in excess of the liability described above; or
2. By third parties as a result of:
> your breach of these General Terms and Conditions or the documents referenced herein;
> your violation of any law or the rights of a third party; or
> your use of this Site.
16. LINKS TO THIRD-PARTY SITES
This Site may contain hyperlinks to Sites operated by parties other than Tripwant. Such hyperlinks are provided for your reference only. We do not control such Sites and are not responsible for their contents or the privacy or other practices of such Sites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Site or other Sites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such Sites does not imply any endorsement of the material on such Sites or any association with their operators.
17. COPYRIGHT AND TRADEMARK NOTICES
All contents of this Site are ©2018 Tripwant International Company Limited. All rights reserved.
If you are aware of an infringement of our brand, please let us know by e-mailing us at [email protected]
We only address messages concerning brand infringement at this email address.
This Agreement is governed by the laws of Hong Kong. You hereby consent to the exclusive jurisdiction and venue of courts in Hong Kong, in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
You agree that no joint venture, partnership, or employment relationship exists between you and Tripwant as a result of the Agreement or use of this Site.
Our performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. If any part of the Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of the Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
The Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Tripwant with respect to this Site, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Site are not intended to represent any real individual, company, product, or event.