Terms & Conditions of service
TERMS AND CONDITIONS OF
SERVICE OF TRAVELLERMATES (Customers)
The Agreement was last updated on 20th September 2017.
- Thank you for engaging our Deals and/or placing an order with TravellerMates a site operated by Travelbro Ltd (“the Company”) at ‘[www.travellermates.com]’ (“Website”).
- TravellerMates is an online platform that assists individuals and/or companies with offering group discounts to consumers who decides to book the same as part of a group but will not necessarily travel together at the same time.
- By placing an order, clicking to accept this Agreement or using and/or accessing any of the Company or related Deals, you agree to all the terms and conditions of the Agreement.
- If you are using or ordering the Company’s service(s) or related service(s) on behalf of a Company or other entity, then “Customer” or “You” means that entity, and you are binding that entity to the Agreement. You represent and warrant that you have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, the Agreement is entered into by an employee or agent with all necessary authority to bind that entity to the Agreement.
- The terms and conditions of the Agreement (together with any other terms and conditions agreed in writing between the Company and the Customers from time to time) constitute the entire agreement between the parties and supersede any previous agreement(s) or understanding(s) and may not be varied except with notice from the Company.
- No failure or delay by the Company in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by the Company of any breach of the Contract by the Customers shall be considered as a waiver of any subsequent breach of the same or any other provision.
DEFINITION AND INTERPRETATION
- The following words used herein have the following definitions and meanings :-
- ‘Authorised Users’ refers to the Customers’ employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Customers.
- ‘Active’ refers to any deal which has achieved the minimum amount of people to initiate the first discount.
- ‘Customers’ refers to you as the receiver of the Deals and will also include inter alia, to your employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of you.
- ‘Contract’ refers to any digitally or normally signed documents which the Partner(s) are asked to agree to after engaging a Deal.
- ‘Claim Period’ refers to the period where the customers can print their voucher and claim their discount.
- ‘Deals’ refers to the Deals hereinafter displayed on the Website (as the case may be) (subject to change).
- ‘Deal Period’ refers to the one month period that the deals feature on the website
- ‘Discount Bracket(s)’ refers to the three (3) levels of discount.
- ‘Downtime’ refers to the period to which any Deal does not feature on the Website on any particular date during the deal period.
- ‘Expired’ refers to as any deal that has been featured for the whole deal period or a deal that has reached the maximum discount bracket.
- ‘Featured’ refers to any deals which has been agreed with the Partner and has begun to appear on the Website.
- ‘Materials’ refers to any materials, goods, parts or items the Partner needs to buy for the performance of the Deals.
- ‘Maximum Discount’ refers to any deals that reaches the end of the deal period and achieves the maximum amount of people specified in the deal.
- ‘Printed’ refers to as the process whereby the Customer activates their voucher. This will not be construed as meaning a paper copy of the Deal but a printed deal will have a unique generated code relating to the deal purchased.
- ‘Parties’ collectively refers to ‘the Partner’ and its employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of the Company for the carrying out of the Deals as the Service Provider and ‘You’ as the Customers and its authorized agents, contractors, employees or any entity duly authorized for and on behalf of you.
- ‘Partners’ refers to any company or individual who posts a Deal on the Website
- ‘Redeemed’ refers to when a customer presents their printed voucher to a Partner and the Partner inputs the unique voucher code into the Website.
- ‘Service Provider’ refers to the Partner and/or its employees, agent, contractor, third parties, staff or any entity that is duly authorized to act on behalf of the Partner for the carrying out of the Deals.
- ‘We, Us or Our’ refers to the Company and its employees, agents, contractor, third parties, staffs or any entity that is duly authorized to act on behalf of the Company for the carrying out of the Deals.
- ‘You or Your’ refers to the Customers.
- General terms of Deals
- The Company shall provide the Deals to the Customers subject to the terms and conditions contained herein or any other reference to documents referred to by the Company to the Customers or such other terms and conditions as may be agreed in writing between the Company and the Customers.
- The Company shall provide to the Customers all Deals as specified on the Company’s website.
- Deals printed from this website are promotional deals that may be purchased from Partners through the website to be used in exchange for goods and services at a discount from their actual cost.
- By placing an order for a Deal you make an offer to purchase the Deal you have selected on the terms and conditions stated.
- You are required to create an account in order to purchase any Deal.
- The Deal you purchase is redeemable for goods or services by the Partner. The Partner, not the website, is the provider of the goods or services of the Deal and responsible for redeeming any Deal you purchase.
- All Deals shall be subject to the terms and conditions of the website and the participating Partner. The Partners are the providers of the goods or services which you are purchasing, not the website.
- Deals are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally or more than once. Nothing within these terms waives your rights under card scheme rules in relation to chargebacks.
- Once you have completed the transaction to purchase a Deal, you may cancel the transaction at any time within 48 hours from the date you purchase the deal by following the details on the website and in each case provided you have not yet printed the Deal.
- The Deal may be subject to further terms and limitations made clear on the email sent to customers after purchase and subject to the further terms and conditions specified by the Partner.
- Deals expire on the date specified in the email sent to customers on purchase of a deal.
- The Partner nor the website take responsibility for lost or stolen Deals or Deal reference numbers used to make a redemption with a Partner. If a customer thinks they have lost their deal or had it stolen they must contact the website immediately to have another code issued at email@example.com. The website will not be held responsible for any loss financially or otherwise for deals that are redeemed by other parties.
- It is at the discretion of the Partner to determine whether Deals can be combined with any other promotions, vouchers, or offers.
- Deals purchased for a Partner who offers food and beverage are subject to the applicable laws for the sale, provision and redemption of alcohol.
- Deals will be removed at the end of the deal period without notice. The website will not be held responsible for any loss financially or otherwise from any missed opportunity by the customer as a result of a deal being removed from the website at the end of the deal period.
- The website will not be held responsible for any loss financially or otherwise for deals that do not feature at any time during the deal period for any reason.
- Should a deal have downtime for more than one quarter of the deal period then the deal can be cancelled by the partner. Should the deal be cancelled then all customers who have already purchased said deal will receive a full refund. Should a deal have downtime but be completed with maximum discount then the deal will be honored by the partner and all customers can redeem their vouchers as defined in the contract.
- Every deal can be printed/redeemed from the beginning of the deal period and only when there are enough customers to make the deal active, so partners must have the product available for the customer when the deal features.
- Expired deals will be removed from the website without notice. The website will not be held responsible for any loss resulting in the missed opportunity by the customer to take advantage of a deal which has already expired.
- The claim period will begin when the deal is first featured on the website and will end as specified on a deal per deal basis. The website cannot be held responsible for any loss financial or otherwise resulting in not printing and or redeeming the voucher before the claim period ends.
- After a deal has expired and the claim period is over the customer can always use the voucher to the value they paid against a full price item for up to a period of one year after the claim period ends.
- Deal exclusion dates will be agreed with the partner in the contract. Customers cannot redeem their voucher during these periods. If a customer wants to redeem a voucher during the exclusion period the partner must honor the value of the voucher against the full price item.
- Should the customer purchase a deal and not print the voucher. No refund will be given. However they will receive a partial refund if they purchased a deal in one deal bracket and the deal achieved a better deal bracket.
- Should a customer print the voucher and not redeem. No refund will be given.
- Should the customer not print the voucher within the claim period they will not receive any refund, however they can print and redeem the voucher against a full price item for a period of one year after the claim period ends.
- The maximum number of deals is limited to 4 per purchase, however each person can only use one voucher per visit unless otherwise stated in the individual deal terms.
- Responsibilities, Obligations and Due Diligence
- At the absolute discretion of the Company, it will provide the Customers with the Deals in its best endeavor to the Customers.
- The Partner nor the website, take responsibility for lost or stolen Deals or Deal reference numbers used to make a redemption with a Partner. The website nor the partner, will not be held responsible for any loss financially or otherwise for deals that are redeemed by other parties.
- The Company will not be held liable for any claim from a partner relating to deals that do not start or end on the correct dates as set down in the contract for whatever reason.
- The Company will not be held liable for any claim resulting in financial loss or otherwise for deals that do not feature at any time during the deal period for any reason.
- The maximum number of deals is limited to 4 per person. The customer may only redeem one voucher per individual person, but may buy 4 deals at time of purchase for other individuals.
- The customer will be charged at the deal bracket they purchase in, but will be refunded the difference of the deal bracket the deal is in when they print their voucher (collectively referred to as the “Charge”).
- The customer will have different payment options which will be subject to a processing fee. This will be made clear during the payment process will be added to the total prior to payment being made. The fee will depend on the payment option chosen.
- Cancellation / Termination and Refunds
- After the Parties have entered into the Agreement, refunds may only be requested, subject to the final discretion of the Company when performance by the Company has not begun.
- The customer can choose to have the remaining money resulting in a better deal bracket being achieved after they purchase the deal refunded to their bank account or credit card. This will be subject to a charge which will be detailed in the ‘My Account’ section of the website. However they can use their TravellerMates credit to buy other deals or vouchers towards things like food, drinks and accommodation in the location of their original deal.
- Redeem Procedure
- Before booking the customer will have an opportunity to select a date. The customer should only book a deal if they find an appropriate date. The website will not be held responsible for any loss financial or otherwise if a customer books a deal after selecting the wrong date.
- When the customer prints the voucher it is automatically valid and cannot be cancelled by the customer. The website will not be held responsible for any loss financial or otherwise relating to this.
- The customer is advised that they should only print their voucher when they wish to redeem in order to achieve the maximum discount available to them. The website will not be held responsible for deals that are printed too early resulting in the customer not being refunded the desired amount.
- When the customer prints the voucher. This is the price the customer pays regardless if the deal goes on to achieve maximum discount. The website will not be held responsible for any loss, financial or otherwise, resulting in this.
- When a deal is redeemed the partner must offer the customer the product or service featured on the deal as seen on the website. These will be subject to the partner’s terms and conditions which will be sent in an email to the customer on purchase. Customers are advised to print this to eliminate any dispute at the location. If a partner is unable or unwilling to provide the service as described please contact us at firstname.lastname@example.org.
- Booking a Date & Date Changes
- If the customer books a suitable date on the website with the partner and wishes to change that date for any reason they can do so as many times as they wish provided there is availability with the partner. The website cannot be held responsible for any loss, financial or otherwise, relating to lack of availability from the partner.
- If no date changes are available the customer must redeem on the original date they booked. If they cannot redeem on this date they can still redeem their voucher against the value of a full price item. The website will not be held responsible for any loss, financially or otherwise, relating to the customer being unable to fulfil the date of their booking.
- If a customer cannot find a suitable date when they book they have 48 hours to cancel their deal on the website and will be given a full refund. The website will not be held responsible for any loss, financially or otherwise, relating to deals that are not cancelled within 48 hours of purchase.
- If a customer does not show up for a date they have booked they forfeit their discount, but can still redeem their voucher against a full price item provided the partner has availability for the item they purchased. The website, nor the partner will be held responsible for any loss relating to no shows.
- Customer’s Cancellation
- A deal can only be cancelled by a customer up to 48 hours after they purchase. After 48 hours all sales are final and no refund can be given. However their voucher is still worth what they paid for it and is redeemable against a full price item for a period of one year after the claim period ends. The website will not be held responsible for any loss financial or otherwise relating to deals that are not cancelled within 48 hours.
- Partner’s Cancellation
- Should a partner cancel for any reason the customer will receive a full refund.
- The website cannot be held responsible for any loss, financially or otherwise, relating to partner cancellations.
- If a partner doesn’t honor the deal for a customer for any reason. The customer can contact the website resolution center traveller@travellermates,com. The website will investigate the claim with the partner. If the resolution goes in the favor of the customer, the website will refund the customer fully.
LIABILITY, EXCLUSION AND LIMITATIONS
- The Company warrants to the Customers that it shall use all of its reasonable endeavors to provide the Deals using reasonable care and skill and as far as reasonably possible, in accordance with the Customers’ request.
- The Company will not exclude or limit liability for its negligence or negligent omission which causes personal injury or death.
- The Company shall not be liable for any loss, cost, expense or damage of any nature whatsoever (whether direct or indirect) resulting from the use of Deals except where it is expressly determined that a person acting under the direct instruction of the Company has knowingly acted in a negligent manner.
- The Company shall have no liability to the Customers for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by the Customers which are incomplete, incorrect or inaccurate or any other fault of the Customers.
- The Company shall not be liable or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure, any of the Company’s obligations in relation to the Deals, if the delay or failure was due to any cause beyond the Company’s reasonable control.
- Subject to the provisions of the terms and conditions contained herein, the maximum liability of the Company to the Customers for breach of any of its obligations hereunder shall be limited to the value of the Charge (provided that the Charge has at such time been paid by the Customers in full).
DISCLOSURE OF INFORMATION
- Unless the Company receives notice from the Customers to the contrary, the Company shall from time to time provide to the Customers (by post, telephone or email) such information in relation to the Deals that the Company considers may be of interest to the Customers.
- The Company may update or modify this Agreement from time to time. If the Company modifies the Agreement during the Deals, the modified version will take effect upon the next Service.
- Customers may be required to check the update version from time to time after the modified version takes effect, in any event the continued use of the Deals shall constitute acceptance of the modified version.
- If any provision of this Agreement is found by any Court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement may otherwise remain in effect.
- Neither Party will be liable for any delay or failure to perform its obligations under the Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or Deals, or government act.
- Nothing in the Agreement prevents the Company from disclosing Customers information and data to the extent required by law, subpoenas, or court orders, but the Company will use commercially reasonable efforts to notify Customers where permitted to do so.
- The Agreement will bind and inure to the benefit of each Party’s permitted successors and assigns. Neither Party may assign the Agreement without the advance written consent of the other party, except that the Company may assign the Agreement without consent to an affiliate or in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of its assets or voting securities.
- The Agreement represents the parties’ complete and exclusive understanding relating to the Agreement’s subject matter. It supersedes all prior or contemporaneous oral communications, proposals and representations with respect to the Company or any other subject matter covered by this Agreement.
NOTICE & CONTACT DETAILS
- The partner agrees to receive the customer’s contact information for the sole purpose of contacting the customer regarding the deal they have purchased. Partners will not share information with any other parties and partners will not use this information for promotional or marketing purposes. The partner and not the website will be held responsible for any claim resulting in the misuse of customer contact details.
- The partner must keep their contact details the same as agreed in the contract and it must be available for customers from the beginning of the deal period till one year after the end of the deal period.
- The contact details have to be defined in the contract and can only be changed with seven days prior written notice to allow the Company to contact customers to notify them of the changes. The partner, not the website will be held responsible for any claim resulting in a partner changing their contact details without notifying us in the time frame.
GOVERNING LAW, JURISDICTION AND VENUE
- This Agreement is governed by the laws in the England, United Kingdom, without regard to choice or conflict of law rules thereof.
- The Company welcomes your questions or comments regarding the foregoing Terms.
Email : [email@example.com]
Effective as of 20th September 2017