Tralalers Agreement

General Terms and Conditions

All of the Content on this Website (including but not limited to sub sites, text, images, videos, software, any products or services and other information contained in or presented on this website; collectively ˝Website˝) is operated by viaTralala Ltd., 45-51 Chorley New Road, BL1 4QR, Bolton United Kingdom. If you wish to contact us, You can do so by sending us an email at info@viatralala.com.

Special Note: This Website is made up of descriptions of Products and Services provided by Providers, and content from other third parties, including other Users. Such content is the responsibility of the Providers or third party creator of the content. We have no responsibility for such content as we are merely providing access to such content as a service to you. We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information about any Products and Services featured on this Website or any opinions posted by third parties. While we will endeavour to remove any offensive or harmful content from the website as soon as reasonably practicable, we shall not be liable on account of the accuracy, defamatory nature, completeness, or otherwise of such content.

Your use of this Website, your account and any bookings you make on the Website are governed by these General Terms and Conditions. Except where otherwise specified, We, viaTralala Ltd, act only as an advertising intermediary in respect of all bookings you make on this Website. We accept no liability in relation to any contract you enter into or for any Products and Services you purchase on this Website or for the acts or omissions of any Provider or other person(s) or party(ies) connected with the Products and Services. For all Products and Services booked on this Website, your contract will be with the Provider in question. Your booking with the Provider is subject to these General Terms and Conditions and the specific booking conditions of the relevant Provider you contract with and you are advised to read both carefully prior to booking. The Provider’s terms and conditions may limit and/or exclude the supplier's liability to you.

You may decide to make one or more bookings on the Website at the same time. The price charged in total for more than one booking will always equal the prices charged separately for each individual booking. All services on the Website are available to be purchased separately at the same price as they are when more than one booking is made. This means that any multiple bookings made by you on the Website do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992.

By using this Website, You agree that:

  • you have read these General Terms & Conditions and agree to be bound by them;
  • you consent to our use of your information in accordance with our Privacy Policy; and
  • you are the appropriate legal age and where placing an order for Products and Services with age restrictions you declare that you and all members of your party are of the appropriate age to purchase those services.


WEBSITE

This Website is operated by viaTralala Ltd (“We” or “Us”). The Content of the Website is provided by viaTralala Ltd. and/or our partners, including the Providers and/or our associates and/or registered users of the Website. The Products and Services published via the Website are offered directly by Providers, including but not limited to Tour Guides and/or Tourist Agencies and/or Tour Operators and/or other Providers. viaTralala Ltd. itself does not offer or provide any of the Products and Services published on the Website. We only act as an advertising intermediary supplying our registered Providers with marketing and technology tools to promote and sell their Products and Services on the Website. We perform quality and security checks on Providers during membership application process. However, we are not and cannot be held liable for any of their offers and/or actions and/or any information provided and/or in any other way accessed through the Website.

Please be aware that nothing on this Website is, or shall be deemed to constitute advice, a recommendation or endorsement by Us in respect of any of the Products or Services advertised. Information on this Website is provided by the Providers and is for advertisement and/or information purposes only. Accordingly, We cannot accept any responsibility for the content of the advertisement, or any errors, inaccuracies, untruths or other discrepancies featured in the advertisement. You should always check the suitability, adequacy and appropriateness of the Products and Services that are of interest to You and it is your sole decision whether to purchase any Products and Services from a Provider.

Nothing on this Website constitutes an offer by Us to sell to You any of the Products or Services or to enter into any contract with You in respect of any Products and Services. The advertisement constitutes an invitation to you to make an offer to the applicable Provider on the Provider’s stated terms to purchase Products and Services we feature. The applicable Provider may accept or decline any such offer. All Products and Services featured or referred to are at all times prior to confirmation subject to availability and no warranties, promises or representations are given as to availability.

PROVIDER(S) (or ˝he/she˝ or ˝they˝):

Providers are registered members of the Website who offer Products and Services to Tralalers. Providers are solely responsible for the Content that is uploaded and published under their Account and are solely responsible to You for supplying the Products and Services booked by You on The Website. For all Products and Services, your contract will be with the Provider of the Products and Services. Many Providers have their own terms and conditions which apply to the Products and Services advertised on the Website, which may limit or exclude their liability to you, and you are advised to read these prior to making any booking.

TRALALER(S) (or ˝You ˝):

Tralalers are registered users of the Website who create an account at viatralala.com by providing their personal information. Any content provided by Tralalers is accompanied with their user account. In order to book Products and Services at the Website, You have to have registered account. We cannot and will not be held responsible for any content published by You. Your use of this Website is governed by these General Terms and Conditions, the Account Terms and Conditions, and the Website Terms of Use, all of which outlined on this Website.

THIRD PARTY CONTENT:

Content published, either by the Tralalers or the Providers, on the Website encompasses and includes all the information, material and data published on the Website under Tralaler’s Account and/or Provider’s Accounts such as information, messages, postings, reviews, photos, videos, links, text, files, images, sounds, promotional material, and other material; and is being considered as Third Party Content. Third Party Content is any Content found on the Website that was not directly provided and/or uploaded by ViaTralala Ltd.

PRODUCT AND SERVICES:

Products and Services refer to all products and services made available to book by Providers on the Website, including but not limited to accommodation, Day tours & Excursions, Multi-Day tours & Excursions, Tickets & Passes, Transfers & Transports, and ether such services. Products and Services listed on the Website are solely created, designed, published and maintained by the Providers, and we not in the any event responsible for the provision of the Products and Services.

BOOKING REQUEST:

In order to make a booking on the Website, You must request to book the Products and Services in question. This request goes directly to the Provider, who will then either reject or confirm the booking. Your booking is confirmed and a contract between you and the Provider will exist when the Provider sends you a booking confirmation email. It is solely Your responsibility to check all the parts of Booking Request before its submission, and it is solely Provider’s responsibility to check all the segments of Booking Request before its confirmation.

BOOKING AGREEMENT:

Your booking, and subsequent contract for the Products and Services will be between you and the Provider in question, and we shall not in any circumstances be a party to any such contract or otherwise responsible to You for the provision of the Products and Services. Once the Provider has confirmed your booking, the Provider obliged to supply You with the listed and booked Product(s) and Service(s) according to the Provider’s agreed terms. The Contract between Provider and the Tralaler bounds both Provider and Tralaler with all the parts of the Booking Agreement such as pricing, pricing policy, special offers, discounts, payment methods, Cancellation Policy, and other related matters that are agreed from the moment when the Booking request is confirmed by the Provider.

PRICE and TOTAL PRICE:

Price published on the website is the amount of monies that is calculated for the purchase of Products and Services offered by the Provider. Price can be calculated per person or per group. The Price is solely defined by the Providers. The Price published on the Website includes Via Tralala fee and applicable taxes.

Total Price is the amount of monies that the Tralaler has to pay and is subject to the Price and the Quantity of the Product or Service.

We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking.

SPECIAL REQUIREMENTS:

Some of the Products and Services can have Special Requirements for purchase and/or participation, which were set up and published by the Providers. It is Tralaler’s responsibility to read, acknowledge, understand and comply with the Special Requirements before submitting any Booking Request.

If You have any special requests/requirements (for example dietary requirements, cots or room location), You must let the Provider know at the time of booking.

CANCELLATION POLICY:

Providers set up Cancellation Policy for each Product and Service that they offer individually. It is Tralaler’s responsibility to check the Cancellation policy applicable to the Product or Service before submitting Booking Request.

Any cancellation request must be made on the Website. Cancellations can only be accepted in accordance with the terms and conditions of the Provider of the Products and Services. The Provider may charge the cancellation or amendment charges shown in their terms and conditions (which may be as much as 100% of the cost of the Products and Services and will normally increase closer to the date of departure). In addition we reserve the right to deduct any costs incurred by us in processing your refund from the monies being refunded to you.

Please note that once confirmed, most Products and Services are non-changeable and therefore any requests to change your booking will be treated as a cancellation request.

Changes and Cancellations by the Provider: Occasionally, the Provider may need to change or cancel the Products and Services, and will contact you directly if this is the case. Since the contract for the Products and Services is between You and the Provider, we will have no liability to you in these circumstances. You are entitled to reject any amendment made by a Provider in which case your booking will be treated as cancelled by the Provider.

PAYMENT METHODS:

We will accept all Payment Methods published on the Website. Tralaler can use any of these services to pay for the Products and Services they wish to book through the Website.

LAW AND JURISDICTION

These Terms and Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only.

ACCOMMODATION RATINGS & STANDARDS

All ratings are provided by the relevant Provider. These are intended to give a guide to the services and facilities you should expect from the Services and Products. Standards and ratings may vary between countries, as well as between Providers. We cannot guarantee the accuracy of any ratings given .

DOCUMENTATION & INFORMATION

All descriptions and content relating to Products and Services on the Website or otherwise issued by us is done so on behalf of the Provider in question and are intended to present a general idea of the Products and Services provided by the Provider. Not all details of the relevant Products and Services can be included on the Website. All Products and Services shown are subject to availability. If you require any further details, in respect of any Products and Services please contact the Provider directly.

INSURANCE

You are strongly recommended to take out personal travel insurance for all members of your party. Some Providers require that you do so. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs.

COMPLAINTS

Because the contract for the Products and Services is between You and the Provider, any queries or concerns should be addressed to them. If you have a problem whilst utilising the Product or Service, this must be reported to the Provider or their representative immediately. If you fail to follow this procedure there will be less opportunity for the Provider to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.

If you wish to complain when you return home, you can write to us, and we will endeavour to liaise between You and the Provider to find a resolution. However, in no circumstances shall we be liable for any refunds and/or compensation in settlement of any complaint or otherwise. The resolution of any complaint is the responsibility of the Provider in question and we cannot accept any liability in this respect.


1. viaTralala Ltd. (˝Website˝ or ˝We˝)

You understand, acknowledge and agree that:

1.1. The Website viatralala.com is solely an online system and a software platform that allows Providers to advertise their Products and Services, and allows you to make bookings for these Products and Services with the Providers.

1.2. ViaTralala Ltd. is not a, representative, buyer, contractor, seller, reseller, controller or manager for any of the Products and Services listed on the Website and cannot and will not supply any of the Products and Services listed on the Website. Therefore, We will not be considered or held as a party to any Booking Agreements agreed through the System and We have no legal liability whatsoever in any of the claims arising from the Booking Agreements made through the System.

1.3. Website’s purpose is to provide the access to the Products and Services and other functionalities for Providers and You in order to be able to initiate and enter into the Booking Agreements and to facilitate payments agreed in accordance with the Booking Agreement.

1.4. We will provide You with the access to Your Tralaler Account after You have registered and We had a chance to confirm Your email and other information. You will then be able to use all of the Website functionalities and book any of the Products and Services that are offered on the Website.

1.5. Our responsibility is solely to ensure the access to the Website and its services to You and the Provider during the Booking process and conclusion of the Booking Agreement.

1.6. It is solely Your obligation and responsibility to keep Your password a secret and to prevent any use and/or misuse of Your password by a third party. Any activity originating from Your Tralaler Account will be considered to be initiated by You. If You at any time suspect that Your Tralaler Account has been misused by a third party, You are obliged to immediately report any such findings to Us at info@viatralala.com.

1.7. Products and Services listed and published on the Website are created, listed, published and maintained by Providers and We do not have and do not intend to have any responsibility to supply You with any Products and Services that are offered by Providers in any way

1.8. Providers are solely responsible for accuracy, completeness and any other aspect of the information about Products and Services that they list and publish on the Website. We have no legal liability whatsoever for any Content published on the Website. All the Booking Agreements are entered into through the System at Your and the Providers own risk

2. ELIGIBILITY AND ACCOUNTS

Registering for the Account provided by the System implies that You are natural and actionable person eligible for the registration and use of Tralaler Account according to this General Terms and Conditions.

You understand, acknowledge and agree that:

2.1. You warrant that You are natural and actionable person eligible to register and use Tralaler Account for Your own non-commercial use

2.2. You guarantee that all the information published by You on Your Tralaler Account is correct, accurate, up to date and not misleading in any way

2.3. You will not impersonate someone else and/or provide email (and the rest of Your personal information) other than Your own

2.4. You will not create and/or use multiple Accounts at any one (at the same) time

2.5. You will not misuse any of the information published on the Website for any purposes different than those agreed by these General Terms and Conditions

2.6. You will not use your Tralaler Account for any other purposes other than those presented and agreed upon in this Agreement

2.7. You will not transfer or share Your Tralaler Account with any other individual or legal entity

2.8. After obtaining access to Your Tralaler Account, You understand and agree that You are entirely and solely responsible and liable for all the information published as Content under Your Tralaler Account

2.9. You are solely responsible and liable to abide any national, regional, local, and/or other applicable tax regulations and any other regulatory obligations that might concern Your use of this Website and/or Your Tralaler Account

2.10. You agree to be financially responsible for all charges, fees and other sums of whatever nature which arise out of your use of this Website.

3. CONTENT

You understand, acknowledge and agree that:

3.1. Content on the Website encompasses and includes all the information, material and data published on the Website and/or on Your Tralaler Account such as information, messages, postings, reviews, photos, videos, links, text, files, images, sounds, promotional material, and other.

3.2. You will, while registering and/or using Your Tralaler Account enter only truthful, impartial and up to date information.

3.3. You are solely responsible for the accuracy, legality, and any other aspects of the information and Content published under Your Tralaler Account.

3.4. You will not publish any Content that is obscene, explicit, insulting, defamatory, slanderous, inappropriate or offending in any manner to any person, group or legal entity.

3.5. When posting any type of Content to any public area within our Website, You automatically give ViaTralala Ltd. an irrevocable, perpetual, non-exclusive, royalty-free worldwide licence to use, reproduce, publicly perform, display, modify, adapt, distribute, access, view, store, incorporate in other works, prepare derivate works of and/or otherwise exploit such content, or any part thereof, including but not limited to any copyrighted material, Your name, image and likeness, for any purpose and in any form, media, or technology later developed, including but not limited to featuring such Content, Name, image or likeness on Homepage (viatralala.com) or any other page of the Website, or in any marketing, promotional materials or advertisements for viatralala.com, and to grant and authorize sublicenses of the forgoing (˝The Licence¨). You also agree to permit anyone to access, display, view, reproduce and store such Content for their personal use only. By posting any information about or photographs or images of You and/or any Products and Services You booked and attended, you hereby waive any rights of privacy or publicity to such information, photographs or images.

3.6. You are exclusive and irrevocable owner of the Content that You have posted anywhere on the Website or to otherwise have the right to grant the License set forth in this section.

3.7. Any and all Content you have posted on the Website is not in violation or infringing the privacy rights, copyrights, trademarks, moral rights or other intellectual property rights, or proprietary rights of any person or entity.

3.8. You agree to pay any and all royalties, fees and any other monies owing to any person or entity by reason of any Content posted on the Website by You. Viatralala.com is solely a System and as such is not obliged and has no intention whatsoever to control the Content published on the Website.

3.9. We are not responsible for any Content published on the Website and therefore We disclaim all liability that might arise under intellectual property laws, privacy, obscenity or otherwise.

3.10. We are not liable by this Agreement for any loss, damage, injury, harm, financial loss, and injunction, lost wages, pain and suffering, emotional distress, wrongful death, and/or contract damages, direct or indirect, that might be caused by Your Content to any of the contracting parties.

3.11. We disclaim all liability from any Content published under Your Tralaler Account.

3.12. We are not obliged to verify, correct, maintain, edit or update Content that You upload and/or publish on this Website through Your Tralaler Account.

3.13. You will comply with all the rules and regulations for publishing Content on viatralala.com set forth by these General Terms and Conditions and You will not publish any reviews and/or other Content that is obscene, explicit, insulting, defamatory, slanderous, inappropriate, offending in any manner or in any other way not in compliance with the General Terms and Conditions. You will always write truthful, honest and evidence supported reviews and/or other Content about Products and Services You consumed or was a part of.

3.14. You will never use reviews and/or other Content to extort from Providers a better Price and/or Discount and/or any other additional Service not included in the purchased Products and Services.

3.15. Any Content published will not contain viruses, spams, bugs, or any other errors than might or can damage, harm, obstruct, and violate the System.

3.16. You warrant that You have all the necessary legal permissions to use all the information, materials, reviews and/or other Content under Your Tralaler Account and that You are solely responsible for any possible liability arising under intellectual property laws of any third party.

3.17. We are not liable by these General Terms and Conditions for any loss, damage, injury, harm, financial loss, and injunction, lost wages, pain and suffering, emotional distress, wrongful death, and/or contract damages, direct or indirect, that might be caused by Your Reviews and/or other Content You publish.

3.18. We disclaim any and all liability from any and all Content published under Your Tralaler Account.

3.19. We are not obliged to verify, correct, maintain, edit or update Content of Your Tralaler Account.

3.20. Any reviews and/or other Content published by You can be edited, used, copied, displayed, adapted, modified or removed by Us if We believe there is a need for such action.

3.21. Any Reviews and/or other Content published for the reason that is not in compliance with this Agreement will cause termination of this Agreement, Your Tralaler Account and might cause severe legal consequences for You.

3.22. We are entitled to edit, modify, display, adapt and/or remove any of Your Reviews and/or other Content that We at our sole discretion find is in violation of this Agreement.

3.23 We are entitled to edit, modify, display, adapt and/or remove any of Your Reviews and/or other Content that We find incompatible with the Websites visual identity.

4. ACCESS TO THE SYSTEM & SYSTEMS USAGE

You understand, acknowledge and agree that:

4.1. By registering Your Tralaler Account, We will facilitate You with the access to the System

4.2. We cannot guarantee for any of the functions, services and facilities of the System and will not be held responsible if the System is interrupted, unavailable or it has any errors whatsoever

4.3. We are not liable by this Agreement for any loss, damage, injury, harm, financial loss, and injunction, lost wages, pain and suffering, emotional distress, wrongful death, and/or contract damages, direct or indirect, that might be caused to You by dysfunction(s) or deficiency(s) of the System or its operations

4.4. You are accountable for the Content of Your Tralaler Account and all other segments of Your Tralaler Account which will never be inaccurate, misleading or false

4.5. Providers are obliged to supply You with the Products and Services as published according to the agreed conditions defined by this Booking Agreement

4.6. Providers have to either confirm or decline any Booking Request that they receive from You or any other Tralaler within 48 hours. Any Booking Request not confirmed or declined within 48 hours will automatically expire and be marked as declined by the Provider

4.7. Providers will promptly and efficiently notify Us and You in case they have to cancel any Confirmed Booking Requests

4.8. Providers are liable for all the moral, legal, and financial problems and its consequences that might arise from their cancelling of any Confirmed Booking Request

4.9. We are not liable for any loss, damage, injury, harm, financial loss, and injunction, lost wages, pain and suffering, emotional distress, wrongful death, and/or contract damages, direct or indirect, that might arise from any Cancelled and/or Confirmed Booking Requests

4.10. We are not and cannot be considered a travel agent, travel agency or any other negotiator, broker or contracting agent in any aspect related to the Booking Agreements You enter into with Providers and possible legal problems, issues, and/or legal consequences whatsoever that might arise from those Booking Agreements

4.11. You are using the System and its services including booking system, messaging system, payment system and other Systems facilities exclusively and only as an System and platform for concluding Your Booking Agreements with Providers for the listed Products and Services You want to book

4.12. We enable Providers to display their Products and Services prices in one of the Currencies defined by the System, either GBP, EUR, or USD. However Payments will only be collected in GBP

4.13. We accept credit cards, debit cards, Paypal, and other Payment Methods published on the Website to collect funds from You

4.14. We will transfer the monies to the Provider in accordance with this Booking Agreement and these General Terms and Conditions

5. PAYMENTS

You acknowledge, understand, agree and confirm that:

Payments

5.1. We will accept all payment methods published on the Website

5.2. Payment shall be collected in GBP, however Providers will be able to display prices in different currencies but such converted prices are for informational purposes only. We disclaim any and all liability that might arise from such display of prices and any additional charges brought onto You by Your bank when making a Payment and/or in cases where any conversion is required for You to make Your Payment

5.3. We shall collect all the monies from You when the Provider confirms Your Booking Request and hold them for a minimum of 48 hours after the Product(s) and Service(s) was supplied to give You enough time to complain if You were not satisfied with the supplied Product(s) and Service(s)

5.4. We will not be liable or responsible for collecting, processing, holding, and transferring any monies for additional charges that have not been included in the Total Price or defined, listed and published by the Provider before receiving Your Booking Request

5.5. Any Payments made through Via Tralala are processed either directly or indirectly via a third party payment intermediary and as such subject to that party’s General Terms and Conditions and Privacy Policy, which we suggest You read

5.6. You are obliged to pay in full for every Booking Request You submit and is confirmed by the Provider. We will collect the monies for such Confirmed Booking Requests from You when You receive confirmation that Your Booking Request is Confirmed

5.7. Payment of any additional charges and fees that You and the Provider have agreed upon when the Provider confirmed Your Booking Request, and that are not included in the Total Price, are to be paid directly to the Provider upon Your arrival but We cannot and will not guarantee for such Payments or take any liability for such Payments whatsoever.

5.8. You must pay the Total Price as notified to you at the time of booking. Failure to do so will mean your booking will not be confirmed by the Provider. Some Providers allow you to pay a deposit only at the time of booking. If you have paid a deposit, you must pay the full balance to the Provider by the balance due date notified to you. If full payment is not received by the balance due date, the Provider may cancel your booking, in which case your deposit payment will be retained.

5.9. Except where otherwise advised or stated in the terms and conditions of the Provider concerned, all payments you make through this Website for Products and Services will be held by us on behalf of the Provider concerned.

5.10. Total Price is the aggregated amount of:

§ Price is the amount of monies You have to pay to book and purchase certain Product or Service. This price is entirely determined by the Provider and it always includes Via Tralala Fee and VAT but usually excludes any applicable local tourist taxes, entrance fees and/or other additional charges that might be payable separately upon Your arrival if the Provider hasn’t included them into the Tour Price

§ Quantity or no. of Tralalers relates to number of units of that Product or Service that You want to book and purchase; and subsequently calculates how much (Tour Price*Quantity (no. of Tralalers)) monies do You have to pay to book those Products and Services

6. BOOKING AGREEMENT & BOOKINGS

You acknowledge, understand, agree and confirm that:

6.1. You acknowledge and agree that the Booking Agreement agreed on this Website is not between the You and Us but between You and the Provider which makes the Provider obliged to supply You with the listed and booked Products and Services according to the agreed terms. Booking Agreement between You and the Provider bounds You with all the parts of the Booking Agreement such as pricing, special offers, discounts, payment methods, Cancellation Policy, and other related matters that are agreed from the moment when Provider confirms the Booking Request You have sent

6.2. You are obliged to examine, audit and verify all the details related to the Products and Services availability, duration, dates, number of Tralalers, special requirements, price, Cancellation Policy and other segments of the Booking Agreement before sending any Booking Request

6.3. We will collect only the funds that Provider has listed as Price (per group or person) and that have been aggregated in the Total Price during the booking process. Any additional charges and/or expenses not included in the Total price will not be accepted/collected

6.4. Providers are solely responsible for supplying the Products and Services to You as it was presented and according to these General Terms and Conditions and the Booking Agreement, as well as other rules and restrictions that were published and agreed upon on the Website when the Provider received Your Booking Request

6.5. You are solely liable and responsible to ensure Your compliance with all the necessary and applicable laws, rules and regulations, including VAT and tax restrictions and requirements

6.6. We strongly recommend and encourage You to obtain insurance for all the Products and Services You attend and for Your travels in general

6.7. You are entitled to cancel Your Confirmed Booking Requests at any time subject to the Cancellation Policy Provider has defined for that Product and Service. In such cases, refunds and monies transfers will be transferred by Us in accordance with the Booking Agreement, these General Terms and Conditions and the Cancellation Policy

6.8. Providers are not expected to but can cancel Confirmed Booking Request, subject to a full refund to You and refund costs they have to reimburse Us for. We will refund and transfer the funds back to You according to Providers Cancellation policy, these General Terms and Conditions and the Booking Agreement

6.9. Providers are entitled to cancel Confirmed Booking Request only in cases where the weather conditions and/or other unforeseeable natural disasters and/or political instability in the country prevents them from organising safe and uninterrupted supply of the booked Products and Services for You and the rest of the participating Tralalers. In such cases no refunds are due

6.10. We are entitled to cancel any of the Confirmed Booking Requests if We for any reason suspect for any frauds, impostures, misconducts, illegal actions and acts and/or deceptions by either You or the Provider

6.11. Booking Request is valid for 48 hours and Providers are required to either confirm or decline the Booking Request within its validation time

6.12. If Provider does not confirm the Booking Request, it will automatically expire after 48 hours and You will be notified

6.13. When Provider confirms a Booking Request they receive for a certain Products and Services they are bound by that Confirmed Booking Request for supplying You whit the Products and Services booked

6.14. When Provider receive a Booking Request for a certain Products and Services they offer on the Website, We will preauthorize Your Credit Card for the amount stated as the Total Price. If the Provider confirms Your Booking Request we will than collect the preauthorized amount from Your Credit Card. In case that the Provider declines Your Booking Request We will not charge that Your Credit Card for anything

6.15. When the Provider confirms Your Booking Request You will receive acceptance of Your Booking Request in form of a Voucher/Invoice with the detailed information regarding the Products and Services and/or Service You have booked, including Providers Name and Contact, Products and Services title and location, Departure/Start Date and Time, Finish Date and Time, Providers Phone number and Cancellation policy. Provider will also receive all Your necessary contact information

6.16. You will never use Systems messaging platform and/or other communication tools to arrange or try to arrange whit the Provider to book and pay or try to book and pay for any of Providers Products and Services outside the System, subject to Your Tralaler Account termination an Us filing legal actions against You

6.17. All the details regarding Your confirmed booking request(s) and any other information We have on Products and Services You have booked will be accessible to You through Your Tralaler Account

7. CANCELLATIONS & REFUNDS

You acknowledge, understand, agree and confirm that:

Cancellations initiated by Tralaler (You)

7.1. You can cancel Your Confirmed Booking Requests at any time subject to the Providers Cancellation Policy which can be found in the tour details for the Products and Services you have booked.

7.2. Cancellations initiated by You will be processed and charged according to the Providers Cancellation Policy acknowledged and accepted by You at the time You sent the Provider Your Booking Request

7.3. Providers select the Products and Services Cancellation Policy at their own discretion and We have no interest in and/or influence over the Cancellation Policy they choose

7.4. Any Refunds are calculated on the basis of the amount paid for the Total Price and in accordance with the Providers Cancellation Policy

7.5. Cancellation Refunds are calculated on the basis of Total Price and in accordance with the Cancellation Policy

7.6. Any additional costs (transaction costs, administrative fees, and others) that We incur when refunding funds for Cancellations initiated by You will be deducted from the amount that is to be refunded to You

Cancellations initiated by Providers

7.7. Providers are not expected to alter and/or cancel any Products and Services for which they have accepted any Booking Request. Nevertheless, if and when such occasions are inevitable, Providers are obliged to inform Us and You immediately. Further procedure will be implemented according to the General Terms and Conditions agreed between the Provider and Us, and the Provider’s own terms and conditions.

7.8. Providers are permitted to alter and/or cancel Confirmed Bookings if the weather conditions and/or other unforeseeable natural disasters and/or political instability in the country prevents them from organising safe and uninterrupted supply of the booked Products and Services for You and all the other participating Tralalers. In such cases no refunds are due.

7.9. Providers have the right to deny access to the Products and Services to You and any other Tralaler that is not complying with any of the special requirements they have published for that Products and Services and/or if You and/or any other Tralaler(s) is endangering himself and others with Your behaviour and/or noncompliance whit the special requirements. In such cases no refunds are due

7.10. Any Cancellation initiated by Providers imply that they are solely responsible and liable for all the material and financial losses, costs, expenses and fees that You might suffer as a result of such occasions and circumstances. We cannot and will not be held responsible for any loss, damage, injury, harm, financial loss, and injunction, lost wages, pain and suffering, emotional distress, wrongful death, and/or contract damages, direct or indirect, that might arise from such cases

7.11. Cancellations and/or alterations of Confirmed Bookings that are cancelled or altered by the Provider and that are not accepted by You will be treated as Cancellations initiated by the Provider. On such occasions, We might assist You in finding substitute Products and Services but We are not obliged to do so

7.12. For Cancellations initiated by Providers, the funds calculated as Total Price will be refunded to You after We receive all the necessary documentation regarding the cancellation from You and the Provider

Cancellations by Us

7.13. We are entitled to cancel any Confirmed Booking Request if We for any reason suspect for any frauds, impostures, misconducts, illegal actions and acts and/or deceptions by either You or the Provider.

Refunds

7.14. We are entitled and obliged to refund monies due to You and any other Tralaler in accordance with these General Terms and Conditions and the Providers terms and conditions and cancellation policy. Refunds can only be made where an agreement has been reached between You and the Provider. Since the contract for the Products and Services is between you and the Provider, we can only make refunds where we are authorised to do so by the Provider, and we have no further liability to you in this respect.

8. OUR LIABILITY

Your contract is with the Provider and its terms and conditions apply. We accept no responsibility for the actual provision of the Products and Services. Our responsibilities are limited to allowing You access to the Website for You to then make a booking with a Provider, or otherwise manage your account. We accept no responsibility for any information about the Products and Services that we display on our Website in good faith. However, in the event that we are found liable to You on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission we earn on your booking (or the appropriate proportion of this if not everyone on the booking is affected).

9. INDEMNITY

9.1. You agree to indemnify and keep Us indemnified (including our directors, officers, employees and agents) from and against any and all liability, damages, fines, losses, claims (including all legal fees) expenses, costs and all other sums of whatever nature which We incur, suffer or become liable for as a result, directly or indirectly, of Your use of the Website and/or any information or material uploaded by You on the Website or otherwise provided or made available by You.

10. TERMINATION OF THE AGREEMENT

You acknowledge, understand, agree and confirm that this Agreement is considered to be in force indefinitely but nevertheless We are eligible to at any time disable and/or fully terminate Your access to the Website restrict Your sending of Booking Requests, deactivate Your Tralaler Account and terminate the Agreement if We suspect and/or recognize for any of the following reasons:

10.1. If We suspect and believe that You are breaking and/or trying to break any of these General Terms and Conditions agreed between You and Us, either purposely or unintentionally

10.2. If We suspect and believe that You are breaking and/or trying to break any of the General Terms and Conditions agreed between You and Provider by the Booking Agreement

10.3. If We suspect and believe that You promote and disseminate or attempt to promote and disseminate another System, website, advertising tool, booking system, payment system, company, intermediary and / or any other competitive legal entity or individual by avoiding Systems procedures and these General Terms and Conditions agreed upon between You and Us

10.4. If We suspect and believe that You are contacting and/or attempting to contact Providers directly by avoiding the Systems procedures, this Booking Agreement and the General Terms and Conditions agreed upon between You and Us

10.5. In case that We decide to terminate this Agreement for any reason, You will be immediately notified via electronic mail. Your Tralaler Account will be terminated and You will no longer have access to any of its facilities

10.6. In case You decide to terminate this Agreement, You can do so in Your Tralaler Account.

11. PROPER LAW AND JURISDICTION

11.1. Access to this Website is conditional on your agreement that all information contained in it and all matters which arise between You and Us will be governed by English law. Access is further conditional on your agreement that any dispute or matter which arises between You and Us will be dealt with by the Courts of England and Wales only to the exclusion of the Courts of any other country.

11.2. If any exclusion(s) or limitation(s) contained in these Terms and Conditions is found, in whole or part, to be unlawful, void or for any other reason unenforceable for any purpose(s), that exclusion(s) or limitation(s) or the part(s) in question shall be deemed severable and omitted from these Terms and Conditions for that purpose / those purposes. Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of these Terms and Conditions.

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