TRIPOVY TERMS AND CONDITIONS
1. Welcome
Welcome to the
Tripovy platform, owned and operated by the
Tripovy site with business address Falcon Tower, Suite 2B, Gulshan 2,
Dhaka, Bangladesh.
The
Tripovy portal is an online platform that connects global service
providers and customers (User (Customer)s), both parties are referred to as
"Users" via the website accessible at
https://tripovy.com. supplied by
Tripovy. ("Company", "we", "us" and "our"). If you have any concerns or
complaints about any section of this terms please send us a message via our
email:
support@tripovy.com.
Tripovy facilitates a Marketplace where Users can book travel and/or
Accommodation services on the web-based platform and including other associated
platforms and/or websites or through mobile devices or directly through the
telephone offered by
Tripovy. The
Tripovy portal do not provide
Accommodation or travel service directly, but acts as a facilitator for all
travel and Accommodation Service provided by a third party, also called Travel
or Accommodation service supplier.
These Terms are part of every contract between the User (Customer)s' and
Tripovy. Please ensure to read them carefully before you proceed.
Table of Content
1) Welcome
2) Definitions
3) Important Notices
4) Contractual Relationship between Us
5) Online Booking Confirmation
6) Payments; Service Fee
7) Booking Request and Registration Requirements
8) Services Facilitated by us
9) Interactions with Others
10) Third Party Service Providers
11) User Obligations
12) Fees & Charges
13) Administration Fees
14) Receipt of Purchase
15) Disputes between Service Provider and Customer (User)
16) Booking Cancellation By Service Provider
17) Passports; Visas
18) Insurance
19) Intellectual Property Rights
20) Disclaimer
21) Limitation Of Liability
22) Forceability
23) Refunds
24) Dispute Resolution
25) Place of Jurisdiction
26) Complaints
2. Important Notices
By using the Portal (“Site” ”Service”), you acknowledge that you have read,
understand, and agree to all the agreements of this terms, including our Privacy
Policy, and Cookies policy incorporated herein by reference. This terms and our
other Policy are subject to the provisions of the Bangladesh proposed Data
Protection Act, 2022, the Bangladesh Telecommunication Regulatory Commission
Regulation for Digital, Social Media and OTT Platforms, 2021 and the applicable
European Union GDPR privacy laws. Under the Privacy Laws, we are a data
“Controller” and you are a “Data Subject” with certain protected privacy rights
concerning your “Personal Data.”
3. Definitions
"Users or User (Customer)s", "You", "Yours", "Customer", and "Service
Providers" means a person who has signed up and is registered with
Tripovy. to use the Service.
"Service Provider" means a person who is registered with
Tripovy platform as a Service Provider to provide Accommodation and
Travel services to the customers. The Service Provider is not an employee of
Tripovy. but an independent entity.
“Personal Data” Personal Data may also be referred to as Personally
Identifiable Information (“PII”).
"Book or Booking" means a when a customer book for a Travel and/or
Accommodation Services (as described herein) via the
Tripovy Site.
“Payments; Service Fee” means the total payment, costs and estimation
payed by the Customer for a service via the
Tripovy portal.
"Service" means the use of the
Tripovy Accommodation and Travel
facilitator services accessed online via the
Tripovy website and
application.
"Application (web-based application)" is mobile software, owned and
operated by
Tripovy. to provide Accommodation and Travel facilitator
services to Users.
4. Contractual Relationship between Us
Tripovy facilitates an online search and booking portal, with its primary
focus on the travel and accommodation industries (‘the Services’) exclusively
via its website.
Tripovy does not directly provide travel and
Accommodation services, we merely offer a platform for the User (Customer)s to
connect and facilitate travel and Accommodation services provided by a
third-party independent of
Tripovy.
Tripovy makes all necessary arrangements with the service provider in its
name, to provide the User (Customer) with access to various travel and
accommodation services. The User (Customer) agrees to use the
Tripovy platform only to connect Travel and Accommodation Services
offered by a service provider/Supplier. The User (Customer) (and Service
Provider) agrees that
Tripovy shall receive a compensation claim for
every successful travel and Accommodation service via the platform which is made
up of arrangement fees and the advance payment made by
Tripovy to the
Service provider.
The Customer agrees that by submitting a booking form via the
Tripovy portal ("Travel or Accommodation Service Request") or by
telephone to
Tripovy, the Customer makes an offer for the conclusion of
an arrangement agreement. The objective of this agreement is to facilitate the
travel or Accommodation service to meet the Customer's Request.
5. Online Booking Confirmation
To confirm your booking, you are required to complete applicable fields on the
booking page to initiate a booking regarding a specific destination, trip, mode
of travel, accommodation accommodation and/or other services offered on the
Tripovy’s website.
Tripovy will send the Customer an email
confirming the receipt of the Request for the travel or Accommodation service
which is to be arranged. The Customer agree to pay all total cost and estimation
of all services requested, which will be provided on the
Tripovy site or
application. The arrangement agreement comes into effect only through a separate
booking confirmation email which will include the Service Provider details and
cost provided through the
Tripovy site. Consequently, the Customer agree,
you are only directly demanding Accommodation and travel services from the
designated service provider.
6. Payment, and Service Fee
For every successful booking,
Tripovy will charge a fee, to process your
booking and accept your payment. Any Payment and Service Fee charged by
Tripovy will only be in the capacity (as a merchant), and not as an agent
for any other party.
Payment and Service Fees cover a range of services, costs, and fees charged with
your booking, shall cover among other things to provide the site and services.
7. Booking Request and Registration Requirements
When making a Travel or Accommodation booking Request, you will be asked to
provide certain data to complete your booking and registration. The User
(Customer) agrees to provide only true, correct, and up-to-date information to
Tripovy. To learn more about the information you are required to submit
during booking, please read our Privacy Policy.
8. Services Facilitated by us
We facilitate Travels, and Accommodation Bookings: We offer
Customers the possibility to choose between Travel and Accommodation bookings
while completing a booking request. The Customer agrees
Tripovy holds the
right to charge an additional fee depending on the services requested or if
changes are requested to an existing request completed by Customer, which will
be communicated to the customer on the
Tripovy site or via email (
Communication ).
i.
Travel Service: For travel services, the price quoted at the beginning
to you shall remain valid until variation is requested to change date or time,
please be aware that, such variation will incur additional charges subject to
the Customer booking changes request.
ii.
Accommodation Services: For Accommodation services, the price quoted
at the beginning to you shall remain valid until variation is requested to
change date or time, please be aware that, such variation will incur additional
charges subject to the Customer booking changes request.
The customer agrees that changes in Travel or Accommodation Arrangements are
subject to the availability.
Tripovy holds the right to inform the
Customer of special provisions including conditions of changes and
cancellations. The Customer agrees that all changes have to be pre-approved and
agreed upon by the specific provider. All additional charges will be charged as
defined herein.
9. Interactions with Others
We and our representatives are not parties to, have no involvement or interest
in, make no representations or warranties as to, and have no responsibility or
liability with respect to any communications, transactions, interactions,
disputes or any relations whatsoever between you and any other user, person or
service provider ("your interactions with others"). You must conduct any
necessary, appropriate, prudent or judicious investigation, inquiry, research or
due diligence with respect to your interactions with others on the site. You
disclaim and indemnify
Tripovy of any loss, or damages you may encounter
via your interaction with any supplier or service provider.
10. Third Party Service Providers
The
Tripovy site contains links to third party resources of
Tripovy partners. The availability of such links on the
Tripovy site is provided for User information and reference and does not
imply any approval or recognition by
Tripovy. You agree to bound by such
third party terms when you access such links via the
Tripovy site.
Tripovy, shall not be liable to you for any any claims against
non-fulfillment or unsatisfactory fulfillment of products and/or services
purchased from these third party providers and distributors via the
Tripovy Site.
11. User Obligations
a. The terms described herein (collectively, the "obligations of the User")
constitute a legal contract between the User (Customer) and
Tripovy. (The
"Company" or " or "We", "Us" or "Our").
b. To use the Service the Customer agrees to the Terms, and Conditions of the
Contract described herein.
c. Access to the
Tripovy website and any other
Tripovy web-based
applications is free of charge. You must be registered with
Tripovy to
access our services.
Tripovy reserve the right use the data provided as
described in the GDPR Regulations and our Privacy Policy.
d. By using or accessing the Service, the Customer expressly agrees to be bound
by the Terms of this Contract, and any future changes and additions to this
terms and conditions as published and updated from time to time at the
Tripovy website (
https://tripovy.com).
e. The Customer acknowledges that all data provided to
Tripovy is
accurate and complete.
Tripovy reserve the right at any time to verify
the information that the Customer has provided at its own discretion.
f. The Customer acknowledges that
Tripovy is entitled at any time to
refuse the Service or withdraw the use of the Web-based Application at his own
discretion.
g. The User agree to not at any time impair the proper operation of the website
and services;
h. The User acknowledges to refrain from doing anything which we reasonably
believe to be disreputable or capable of damaging our reputation;
i. The User agree not to harm the Service or Website in any way whatsoever;
j. The User agree he/she will not copy, modify or distribute the
Tripovy website content or other materials, without express written
permission of
Tripovy;
k. You will provide us with only true and genuine proof of identity we may
reasonably request;
l. You will not use the Website or any part of it for any resale or commercial
use of the services on offer or its contents, except with the express written
consent of
Tripovy.
m. You will not collude with a service provider/supplier to defraud
Tripovy of its commission by attempting to bypass payment systems and
dealing outside the portal.
n. You will comply with all applicable, state, local, and federal laws of your,
country, state, and city in which you are using the
Tripovy website or
Service;
o. You agree that
Tripovy does not own any Accommodation and is not a
Accommodation Vendor. It is the responsibility of the third-party Accommodation
providers, Travel merchants to provide the services requested by the Customers'
on the
Tripovy platform.
p. You will not use the Service to cause nuisance, annoyance, or inconvenience
to others;
12. Fees & Charges
While the
Tripovy site shall endeavor to provide users with a Travel and
Accommodation service, sometimes we might your choice may not be available;
Tripovy agree to provide other options to you via the website so you can
make your choice from the available options. The customer authorizes
Tripovy to automatically deduct the payment for the booking, (as
described on the website) using the [credit, debit] provided by the Customer
during registration. You agree that we may undertake authorization checks on the
card at our discretion. The total charge includes GST [Good and Service Tax] or
any other Value added taxes.
The fee estimation provided on our website is a fixed amount and will include
any extra services or special requirements specified by you at the time of
making the Booking. Variations to the bookings may lead to changes to the total
fees under these Terms.
13. Administration Fees
Tripovy deducts an administration charge (includes GST) of each fess and
estimation which is included in the Customer invoice on the order page. In the
event of any cancellation, you agree that these administration fees will not be
refunded.
The administration charge shall cover the following: i. All Bank charges
associated with a credit card verification, pre-authorization, and processing of
credit card payments.
ii. Website and mobile application maintenance fees and database management fees
associated with each booking and cancellation request.
iii. PPC advertising expenses, related to each booking request.
iv. Cancellations related to third-party bookings.
v. Other miscellaneous charges
14. Receipt of Purchase
A receipt of the fees charged to you will be provided in your invoice as a
consolidated charge and will be non-refundable. Funds need to be available on
your card now otherwise your booking confirmation will not take place.
15. Booking, Charges and Cancellation Policy
The Customer reserve the right to cancel a booking only when the service is yet
to begin, but agree to be subjected to certain cancellation conditions as
described below.
Once the Travel or Accommodation service has begun and payment automatically
deducted the Customer will not be able to cancel (since the service has already
been provided) and no refunds will be considered. The Customer agree that
payment will be deducted automatically, once a service as been successfully
booked, and confirmed by
Tripovy system. For refunds concerns, the
Customer agree to contact the service provider directly to reach a conclusion.
16. Disputes between Service Provider and Customer (Users)
If a Customer have any dispute or complaint in relation to the services
provided, then we strongly encourage you to first contact the provider directly
to reach an agreement/dialogue. If both parties is unable to come into a
dialogue, then the Customer can send
Tripovy a Complaint message and we
will try to resolve the dispute through alternative dispute resolution
procedures,
17. Booking Cancellation By Service Provider
The Service Provider reserve the right to cancel a Customer booking at any time.
Should the case arise,
Tripovy will send an email message to the
Customer, prompting the Customer to make a new alternate booking, however, this
will also depend on the timing and availability a Travel or Accommodation
Services.
In such instances, you agree to waive
Tripovy of any damages, delays, or
direct and indirect losses that may happen due to such cancellation, nor would
we be liable for any financial losses that the Customer may encounter.
18. Passports; Visas
The Customer agree it is his/her responsible to ensure that all visas and
passport document are current, valid, obtained on-time, sufficient blank pages
available, and valid for at least six months, including but not limited to all
certificate of vaccinations, prophylactic, inoculations, (e.g. malaria) etc,
required, have been obtained. The Customer also acknowledge to check all
relevant requirements relating to the destination and transit in the specific
country before confirming their booking.
19. Insurance
The Customer acknowledge and agree it is his/her responsibility to own adequate
insurance policy to cover instances such as cancellation due to injury, or
illness, personal liability, personal accident and loss of or damage to baggage
and other equipment (this is not an exhaustive list). You agree that
Tripovy Will Not Be Responsible Or Liable, if you fail to own adequate
insurance policy.
20. Intellectual Property Rights
All content on this Site, including but not limited to Images, texture,
background, objects, graphic elements, and related metadata (collectively the "
Content"), as well as the selection and arrangement of the the Content, are
protected by copyright, trademark, patent, trade secret and other intellectual
property laws and treaties. Any unauthorized use of any Content violates such
laws and this Terms and Conditions. Except as expressly provided herein or in a
separate license agreement between you and us, we do not grant any express or
implied permission to use the service or any Content.
21. Disclaimer
Your use of this website and services is at your own risk. We will not be liable
for any direct, indirect, incidental, or consequential damages or loss arising
out of your access to or use of this services. We will not be liable for any
loss or damage, whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, even if foreseeable, arising under or in
connection with, Use of, or inability to use our Site/Services; or Use of or
reliance on any content displayed on our platform.
22. Limitation Of Liability
In no event shall
Tripovy and/or its licensors be liable for any
indirect, special, punitive, exemplary, consequential, incidental, or other
damages of any type or kind including loss of data, personal injury, loss of
revenue, and profits, use or other economic disadvantages.
Tripovy does
not guarantee that its Website or services will always be available or
uninterrupted.
Tripovy reserves the right to withdraw or modify the
services or some features without notice to you. You also agree that
Tripovy shall not be responsible for Failure to provide
Tripovy facilitated travel or Accommodation services or our failure to
meet any of our obligations under these Terms, where such failure is due to
events beyond our control.
23. Forceability
As a Customer of the services, you agree that:
a.
Tripovy will not be responsible for the behavior, actions, or
inactions of Service Providers that you may use (which has been facilitated by
the
Tripovy Website).
b. You also agree that any contract for the provision of services is between you
and the Service Provider and not
Tripovy.
c. You agree that
Tripovy is not responsible for Service Provider
canceling any booking already confirmed and notified to you. Notwithstanding
Tripovy will endeavor to provide an alternative option,
Tripovy is
not liable to you under whatever conditions.
d.
Tripovy may introduce the User (Customer) to third-party Accommodation
or Travel service providers to offer services based on the terms described
herein.
Tripovy will not be responsible to verify the suitability,
legality, or ability of any third-party providers and you expressly waive and
releases the
Tripovy Company from any liability, claims for damages
arising from or in any way related to the third-party provider.
e.
Tripovy will not be a party to disputes or negotiations of disputes
between the User (Customer) and any third-party providers.
Tripovy cannot
and will not play any role in managing payments between the User (Customer) and
the third-party providers.
You also agree that the quality of any services scheduled through the use of the
site is entirely the responsibility of the third-party provider who ultimately
provides such services to the Customer.
24. Refunds
Your request for a refund of a service booked on
Tripovy shall be
governed by our Terms and Conditions and the consideration will be notified to
you.
25. Dispute Resolution
This Terms and Conditions and the site activities shall be governed in
accordance with The laws of the Supreme Court of Bangladesh, without reference
to its conflict of law provisions. You agree to submit to the personal and
exclusive jurisdiction in your location for any disputes with us arising out of
your use of this site. You agree that if a dispute arises, parties will attempt
to resolve the dispute with mediation or an online mediation service that is
mutually agreed upon by all parties. The parties agree that their good faith
participation in mediation is a condition precedent to pursuing other legal
remedies. The successful party to any dispute resolution will be entitled to
reasonable costs and fees incurred in resolving or settling the dispute, in
addition to any other relief to which the party may be entitled.
26. Place of Jurisdiction
These terms and the relationship between you and the service shall be governed
by and satisfied by The laws of the Supreme Court of Bangladesh and the law of
your jurisdiction, where you are using our site. However, ultimately it is your
choice as to whether you wish to use our website.
27. Complaints
If you have any questions, support issues or complaints regarding the website
and services or these terms, please send an email to
support@tripovy.com