This site, www.thetripguru.com, (hereinafter the "Website") is operated by Trip Guru Limited (hereinafter "Trip Guru", "we", "us", and "our"). We hereby provide our users (hereinafter "Users", "user", "You", "you" and "your" includes any person who accesses this Website or uses the Services) a social platform aimed to contact travellers interested in travelling through South East Asia, while providing a wide spectrum of free available content, and a full range of unique travel experiences with local tour operators that may otherwise go unnoticed (hereinafter the "Services").
Please read these Terms and Conditions of Use (hereinafter the "Terms") carefully before using the Website, as the Terms form a legally binding agreement between you and us (hereinafter the "Agreement"), in relation to your use of the Website and the Services.
By using the Website, you agree to be bound by this Agreement. If you do not agree to the Terms, please do not use the Website. Further, by using the Website, you affirm that you are of legal age to enter into this Agreement or, if you are not, that you have obtained parental or guardian consent to enter into this Agreement. If you are not of legal age to enter into this Agreement and have not obtained parental or guardian consent to enter into this Agreement, then you may not use the Website.
Any purchase or booking made through the Website shall be subject to the Terms and shall imply an acceptance of the Terms.
We reserve the right to change this Agreement, in whole or in part, in writing from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation, by posting the revised Terms on the Website. You can determine when the Terms were last revised by referring to the "last updated" legend at the top of the Terms. Your continued use of the Website following the posting of changes to the Terms will mean that you accept those changes. If you do not agree to such changes, you should not use the Website. We further reserve the right to, at any time, modify or discontinue any part of the Website at our sole discretion, as well as to impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.
'Content' includes text, such as useful information, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials you may view on, access through or contribute to the Website.
The Website shall provide free useful information about the places where we operate. This information includes but is not limited to: name of the currency of a country, and exchange rates, weather forecast, useful phone numbers and addresses (i.e.: police, hospitals, etc), places of interest, tours, and activities.
Using the Website, Users may be exposed to Content that may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate or objectionable to you. You therefore access and use the Website at your own risk. We do not give any representation, warranty or undertaking that the Content shall be at all times accurate, as it may change from time to time, and it may take some time for us to update it. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Trip Guru with respect to any such Content. Therefore, under no circumstances shall Trip Guru be responsible for any loss, direct or indirect damage, or costs and/or expenses, which you may suffer or incur arising from our Content, or our use of the Content uploaded by you, as set forth in these Terms.
With the exception of Content submitted to the Website by you, all other Content is either owned by or licensed to Trip Guru, and is subject to copyright, trademark rights, and other intellectual property rights of Trip Guru or Trip Guru's licensors. The Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of Trip Guru or, where applicable, Trip Guru's licensors.
As an account user, you are entitled to upload Content to the Website. We do not guarantee any confidentiality with respect to said Content. You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it to the Website. Trip Guru does not endorse any Content uploaded by Users, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection thereto.
You agree that the Content you submit to the Website will not:
You represent and warrant that you have (and will continue to have during your use of the Service) all necessary licenses, rights, consents, and permissions which are required to enable Trip Guru to use your Content (including but not limited to copyright, trademark or other proprietary or intellectual property rights therein) for the purposes of the provision of the Services, and otherwise to use your Content in the manner described herein.
You shall retain all of your ownership rights in your Content, but you hereby grant license rights to Trip Guru and other Users of the Service. When uploading or posting Content to our Website, you grant Trip Guru, a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Services and otherwise in connection with the provision of the Services, including without limitation for promoting and redistributing our Website and Trip Guru's business in any media formats and through any media channels. You further agree to grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your Content through the Service and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms. The above-granted licenses in textual comments you submit as Content are perpetual and irrevocable, but are otherwise without prejudice to your ownership rights, which are retained by you as set out hereinabove.
On becoming aware of any potential violation of these Terms, Trip Guru reserves the right (but shall have no obligation) to decide whether Content complies with the content requirements set out herein and may remove such Content and/or terminate a User's access for uploading Content which is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate or in violation of these Terms at any time, without prior notice and at our sole discretion.
We offer Users two possibilities in which to browse our Website: Creating an account, or without doing so. By creating an account, the User shall be able to enjoy the full scope of our Services. Without the account, Users shall only have access to publicly available Content.
The creation of an account is necessary to access most of the features of our Website, such as, but not limited to: develop a profile and upload Content, write reviews, rate and comment other users contents, get accurate suggestions in accordance to your interests and travel destinations, contact other users, book and rate tours, share contents on social media and invite other users to join the Website, participate in promotions, games, and contests hosted on the Website.
You agree to use the Website for lawful purposes only, and in a way that does not infringe the rights of, restrict or inhibit third parties rights, whether other Users or non-users whatsoever. Therefore, you agree not to impersonate someone else, hold multiple accounts or create an account for anyone other than yourself without appropriate authorization, provide an email address other than your own, or create multiple accounts.
You agree that you will be solely responsible (to Trip Guru, and to others) for all activity that occurs under your account.
When creating your account, you must provide accurate and complete information. It is important that you keep your account password secure and confidential. You agree to notify us immediately of any unauthorized use of your account.
You hereby represent, warrant and agree that you will not, nor enable or assist others to:
Users that have created an account shall be able to book the tours ("Tours" in plural and "Tour" in singular) advertised on the Website.
Tours are offered on two modalities:
We are expressly not responsible or liable for any information relating to the Tour that is not directly provided on the Website.
Prices listed on the Website are per person unless otherwise specified. Price quotations are subject to change without notice until a booking has been confirmed.
Prices do not include gratuities to Tour Operators, drivers or other personnel of the tour provider; passport and visa fees; baggage and personal insurance; or any other not listed under "Price Includes" in the Tour description.
When a booking is performed for more than one person, the booking shall be considered as performed on behalf of the persons named in the booking, and shall imply authorization on their behalf to do so.
By booking a Tour you acknowledge, agree and accept to be bound by any additional terms as detailed in the Tour's description at the moment of performing the booking. These additional terms may make Tours dependant on weather conditions, and may postpone the commencement of the Tour until the additional conditions are fulfilled (e.g. Surfing classes for beginners may not be conducted on days of big/dangerous waves; rains may render a Tour or activity impossible; so they would be postponed to be performed as soon as possible).
The Company shall charge 100% of the Tour to the User upon booking. This sum shall be displayed before check-out. The User shall not need to pay any additional sums of money for the booked Tour.
We accept the following methods of payment: Visa, Master Card and PayPal.
There shall be no charge or service fee for processing credit or debit card payments.
As may be detailed in the Tour description, there may be additional expenses that the User may have to afford outside of the Tour price. If the Tour Operator were to charge additional expense not described in his profile, the User shall be entitled to reject those expenses. In order to do so, communication of any such situation is required immediately to Trip Guru.
When a booking is performed for more than one person, payment shall be considered as performed on behalf of the persons named in the booking and shall imply authorization on their behalf to do so. The User performing the booking on behalf of another User or a third party shall be liable for the no-show (as defined below) of any of the members of the group.
Any request for modification, cancellation, no-show or refund shall be channeled via email to email@example.com.
The possibility of performing a change to your booking shall depend on the availability of the Tour Operator for the requested dates. Trip Guru does not guarantee the success of change requests. We are, however, committed to performing our best endeavors to enable modification requests.
Tour Operators may perform changes to tour dates, prices, inclusions, coverage, age requirements, etc. We, therefore, reserve the right to change or substitute the tour requirements or cancel the Tour booked through our Website, at any time and for any reason, before a booking is performed. Once a booking is performed, the Tour Operator may still perform changes to tour dates, age requirements, or other items not affecting the price of the booked Tour. If this were to occur, we shall make every reasonable effort to amend or re-issue the booking to the Users' satisfaction. If the possibilities offered were not satisfactory, the Users shall be entitled to a full refund of the sums paid. This payment shall be final and shall be considered as payment settling any further possibility of a claim for direct or indirect damages.
These terms are applicable to single, or group bookings alike.
Each Tour has a different cancellation policy applicable to it, which is displayed on the Tour's page together with its corresponding FAQs. Refunds of amounts paid shall depend on: (a) the cancellation policy applicable to said Tour; and (b) when the cancellation has been made. In case a cancellation does not satisfy this criterion, the User shall not be entitled to any refund whatsoever of the sums paid to perform the booking. For the avoidance of doubt, in case a User did not cancel the Tour and failed to be present at the time and place stipulated in his booking (hereinafter a "no-show"), the User shall not be able to claim any reimbursement or seek to modify the booking dates.
In case of a No-show by the Tour Operator, the User shall have 48 (forty-eight) hours to notify us and ask for the refund of the booking fees paid. We shall investigate the case and if the claim were to be valid, we shall process the refund pursuant to these Terms and Conditions.
Trip Guru shall reimburse funds the last day of each month, for all cancellations performed before the 15th of each month. Cancellations performed after the 15th of each month shall be payable on the last day of the following month. However, Trip Guru will do the possible to issue the refund within 48h from the cancellation request. All transfers to the Users shall be performed via Payment Gateway or PayPal, according with the payment channel selected at the moment of purchase. Should Trip Guru refund all or part of an amount paid, any transaction cost arising therefrom shall be for User's expense. For any questions relating to exchange rates and conversion fees, we suggest you contact your bank or card company.
Trip Guru's commitment to the experiences we offer is absolute. That is why we guarantee that what we advertise is what you get. All of the offered Tours have been tried by our staff, and are based on what we believe are true traveling experiences. In this sense, if an activity does not fit the Trip Guru lifestyle and mission, it does not become part of our Tour portfolio. However, if there is any Tour that the User believes did not meet their expectations we commit to investigate this and find the reasons why the User was unsatisfied. If at our sole discretion we believe the User is right in his claim, we shall refund the Tour Price. This is our way of addressing any possible dissatisfaction of our Users and ratifying our commitment to Trip Guru's motto "Authentic Travel Experiences".
Following a booking confirmation, the User shall receive a Trip Guru Booking Voucher (hereinafter "Voucher") for the booked Tour, containing details about the Booking Fee paid and balance to be paid to Tour Provider. The Voucher shall be sent to the email address as set out in the User's account. The Voucher shall also contain the code evidencing the booking ("Reservation Code").
The Voucher must be presented to the Tour Operator with a copy of a valid ID, at the time and place agreed to with the Tour Operator. Should you fail to be at the time and place agreed to with the required documents, no refunds will be granted as set forth in the No-Show conditions detailed hereinabove.
This voucher is not only useful for us to avoid potential problems but acts as evidence of your booking, detailing time and price of the booking amongst others.
Please note that the Voucher shall not be issued until payment has been processed.
The Tour Operator may refuse to render the services pursuant to the booked Tour, if the User or one of the members of the group is not legally able to perform the Tour activities, as per the Tour description. Under this situation, no refunds will be granted. Should the Tour description not have included any such requirement, the User shall be entitled to a reimbursement of the booking fees, and a further compensation that shall be provided by Trip Guru, at its sole discretion.
In case of a problem or query with the Voucher or its use, please contact us at firstname.lastname@example.org for assistance.
Trip Guru strongly suggests that Users verify prior to departure, their Visas and entry requirements in the embassy/consulate of the country to which they shall be traveling. We may provide this information on our Website, but as countries may change their requirements without prior notice, compliance with these requirements is strictly the responsibility of the User.
We further recommend that Users purchase travel insurance before traveling to cover any contingency that may occur while traveling.
No agency, partnership, joint venture, or employment is created as a result of these Terms between you and Trip Guru. No fiduciary duty or other special relation is created by your access to the Website.
You hereby acknowledge that Trip Guru has no control over, nor a duty to take actions regarding the following, but not limited to, the identity of other Users, the Website Content, your interpretation thereof or the effect the Content may have on you, morally, psychologically, or on actions taken by you as a result thereof. You further acknowledge and agree that we are not a party to any transaction in relation to the Tours provided by the Tour Operators, being only intermediaries to the transactions. We have no control over and do not guarantee the safety of the Tours, activities, transactions, or the truth or accuracy of the Content provided by any third party on the Website.
The Website, including all its Content, and any information or service thereby accessed or obtained are provided on an 'as is' basis. Unless expressly provided in these Terms and to the fullest extent permissible by applicable law, we make no representations or warranties of any kind whatsoever for the Content and the Services or any link to third parties or for any breach of security associated with the transmission of sensitive information. We further expressly disclaim any express or implied warranties, including, without limitation, non-infringement, accuracy or suitability for a particular purpose.
We do not guarantee that the Website will always be available or not interrupted We will not be liable to you if for any reason the Services are unavailable at any time or for any period.
We do not warrant that: the Website or the Content will be error-free or that defects will be corrected; the servers that make the Website available are free of viruses, bugs or other harmful components.
We shall under no circumstances be liable for any of the following losses or damages (whether direct, foreseen, foreseeable, known, indirect, consequential or otherwise) which may be incurred or suffered by you: loss of opportunity, loss of goodwill or business reputation, loss of revenue or anticipated profits, loss of data, losses suffered by third parties, and/or any indirect, consequential, special or exemplary damages arising from the Services or the overall use of the Website, injury, damage, loss, accident, delay or irregularity, liability or expense to personal or proprietary damage due to act of default by any Tour Operator, carrier or other company or person providing services pursuant to the booked Tours or any service in connection with the travel itineraries of Users.
We further accept no responsibility for any sickness, labor disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond our control.
We shall further accept no responsibility for any loss or damage which may be incurred by you as a result of: any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website; any changes which we may make to the Website, or for any permanent or temporary cessation in the provision of the Services, the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Website; your failure to provide us with accurate information; your failure to keep your password or account details secure and confidential.
In all events, to the fullest extent permissible by applicable law, the liability of Trip Guru, its directors, officers and employees, to you or any third party in any circumstance arising out of or in connection with the Services or the Website is limited to the greater of the amount of fees paid to us by the User in the twelve months prior to the action giving rise to liability, or HK$ 500.00 (Hong Kong Dollars five hundred) in the aggregate for all claims.
These limitations and exclusions apply without regard to whether the damages arise from a breach of contract, strict liability, a breach of warranty, tort, negligence, or any other cause of action, to the maximum extent such exclusion and limitations are not prohibited by applicable law.
You hereby acknowledge and agree that you will not hold or seek to hold Trip Guru responsible for any damage or loss resulting from the reasons described hereinabove.
You shall further indemnify and hold Trip Guru, our directors, officers and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to and/or use of the Website, the Services, or your violation of these Terms, including but not limited to the infringement of any intellectual property or other right of any person or entity, either if performed by you or any third party using your account.
We reserve the right to participate in the defense of any claim or action and any negotiations for settlement in which we may hold an interest, and at our own expense and on notice to you to assume exclusive defense and control of any such claim or action. You shall not make any settlement that may adversely affect our rights or obligations without our prior written approval.
The Terms shall continue to apply until terminated by either you or by Trip Guru, as set out hereinbelow.
You may terminate this Agreement at any time by closing your account and fully discontinuing your use of the Website. If you chose to close your account, we may continue to display your previously published Content unless you let us know otherwise.
We may terminate or suspend your access to your account or ability to use the Website, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. Any such termination of your account shall result in the immediate cease of your right to access the Website. If this Agreement is terminated for your breach, or if you have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions hereof, we reserve the right to cancel any outstanding booking, without refund or liability arising therefrom.
The termination of your account may result in the forfeiture and destruction of all information associated with your account.
All provisions of these Terms which by their nature should survive the termination, shall be unaffected by this termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
If any provision of this Agreement is or becomes invalid or contravenes any applicable law, the remaining provisions shall remain in full force and effect and continue to be binding and enforceable.
This Agreement is governed by and shall be construed in accordance with the laws of Hong Kong and the parties hereby submit to the exclusive jurisdiction of the Hong Kong courts. Notwithstanding this, you agree that we shall be allowed to apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
These Terms are not assignable, transferable or sub-licensable by you except with our prior written consent. We may transfer, assign or delegate these Terms and its rights and obligations without any additional request of consent.
Unless the context otherwise requires, words importing the singular number shall include the plural and vice versa, words importing the masculine gender shall include the feminine and words importing persons shall include firms and companies and vice versa.
The division of this Agreement into sections, clauses, sub-clauses and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation hereof.
Our failure to exercise any right provided for herein shall not be deemed a waiver of any right accrued hereunder.