TERMS
OF USE
BEFORE USING THE SITE, PLEASE READ THESE TERMS OF USE. ANY USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE.
The Damokles Group of Companies, including its subsidiaries and connected companies, manages the www.Travolounge.com website and mobile application (the "Site"). By accessing and/or using any portion of the Site, you indicate that you have read and understood the Terms of Use ("Terms") and all other terms and conditions applicable to the Site as referenced in these Terms and that you agree to be bound by them. You may not access or use any portion of the Site if you do not agree to be bound by these Terms. These Terms form a legally enforceable agreement between you, the user ("you" or "your"), and Travolounge. To use this website, you must be at least eighteen (18) years old.
Please
note that we reserve the right to change, modify, add, or delete portions of
these Terms at any time if doing so is necessary to comply with any applicable
law or regulation or to reflect a change in our operational practices, provided
that we will use reasonable efforts to provide notice of material changes on
the Site. Check these Terms each time you visit the Site to ensure you've read
the most recent version. By continuing to use any portion of the Site after
these Terms have been modified, you agree and consent to these modifications
and their application to you.
If
you use any of our other services, your use is contingent upon your submission
to and acceptance of the terms and conditions applicable to such services,
which will be made accessible to you when you use those other services.
SCOPE
OF OUR SERVICES
Through
the Site, Travolounge provides an online platform for browsing various types of
airlines, trains, and other transportation services, temporary accommodations, and lodging (as applicable), event entrance tickets, tourist attraction
entrance tickets, tour packages, prepaid credits, vouchers for prepaid
sim-card, experiences and tours, and other services (collectively, the
"Services"). On the Site, users can make reservations for services
offered by hotels, airlines, train or other transportation operators, event
promoters, tourist attraction operators, travel agencies, communications
operators, and/or other service providers (collectively, "Vendors").
You will be able to book and/or purchase airline tickets, train or other
transportation tickets, temporary accommodation and lodging (as applicable),
event entrance tickets, tourist attraction entrance tickets, tour packages,
prepaid credits, vouchers for prepaid sim-card, experiences and tours, and
other services by placing an order on the website. We will send an email
confirmation of your reservation. We reserve the right to deny a reservation in
accordance with our Terms and Conditions.
Although
we will use our expertise and care in performing the Services, we do not verify
and do not guarantee that all information provided by Vendors that is available
on the Site is accurate, complete, correct, or the most up-to-date information
available, and we are not responsible for any errors (including placement and
typing errors), obstruction (whether due to temporary and/or partial, damage,
repair, or improvement to the Site or otherwise), inaccurate, misleading, or
false information.
Changes
in market conditions or other events may cause the information given by Vendors
on the Site to become erroneous or irrelevant within a short period of time.
Please contact Travolounge's Customer Service if you have any issues, and they
will assist you.
In
providing the Services, we connect you with Vendors via an online platform. You
are solely responsible for any responsibilities or liabilities to Vendors, to
the degree authorized by law. We make no representations and should not be
construed as making any recommendations or suggestions regarding the level of
service quality or rating of the Vendors listed on the Site, and we assume no
responsibility or liability for any information, content, products, services,
or other materials provided or made available by Vendors. Vendors may be
offered in the form of distinct classifications based on reviews, ratings, or
any other aspect. The rating is computed using automatic algorithms that are
subject to modification at our discretion.
We
reserve the right, to the extent authorized by law, to not accept any user or
booking (or in certain situations to revoke the booking confirmation) at our
sole discretion and for any reason, without providing an explanation. The reasons
for rejecting a user or booking or canceling a booking confirmation may
include, but are not limited to, the following: violation of these Terms, trade
or economic sanctions by global or national authorities, embargo, prohibitions
in regulations, fraud or theft (or indication or suspicion of fraud or theft),
suspicion of criminal activity, suspicious ordering, services not being
available or no longer being offered by the Vendor, the user providing inaccurate,
erroneous or incomplete information, and the user providing information that is
incomplete, inaccurate or otherwise We reserve the right to delete or remove
any user's account at any time, either temporarily or permanently. Removed
Users may not attempt to access the Site under a different name or by impersonating
other users.
In
certain circumstances, we may cancel or refuse reservations due to a "Real
Issue," regardless of where the error originated. A Real Error is an error
on the Site (such as a price error) that no reasonable person would deem proper
or make commercial sense. In such a circumstance, the amount charged shall be
refunded without further fees.
Each
payment associated with the booking or reservation of Services must be made
directly to Travolounge's bank account or payment methods. Except where Travolounge
is required to hold such payments in trust for the relevant Vendor pursuant to
a separate agreement applicable to the relevant Vendor, all such payments will
be Travolounge's property, and amounts will be due and payable to the relevant
Vendor when the services to which a payment relates are provided, or at any
other applicable time required by the relevant Vendor. If the payment is not
made directly to Travolounge's bank account or payment methods, Travolounge is
not responsible for the validity of the reservation.
CANCELLATIONS
By
placing a booking, order, or reservation on the Site, you accept and agree to
the terms and conditions of applicable Vendors, including their rules regarding
cancellation and/or absence, as well as any specific requests you may provide
to the Vendors. Before you make a booking, order, or reservation using the
Site, please read the Vendors' terms and conditions carefully. Travelodge is
not liable for any violations of these terms and conditions or those that are
based on the user's particular demands.
Regarding
refunds, including chargebacks, and subject to any applicable legal rights you
may have, Travolounge reserves the right to withhold or deduct a portion of the
amount paid to compensate for the reasonable costs incurred in connection with the
cancellation.
SPECIAL
REQUESTS
In
the event of any special requests (for example, rooms to be easily accessible
by wheelchair, wheelchair assistance for people with disabilities at hotels or
airplanes, change of name, change of date, adding "frequent flyer"
points or equivalent, availability of the event's seat tickets, special
equipment/tools needed for tour packages or equivalent), the user can include
the request when making a reservation on the Site or contact the Vendor
directly (as applicable). The request will be handled at the discretion of the
Vendor and Travolounge, based on availability and other criteria. Depending on
the discretion and/or policy of the relevant Vendor, additional charges and/or
fees may be applied to your particular requests. Travolounge is not responsible
for the Vendor's availability and/or adherence to your unique requests.
Travolounge
maintains the right to cancel any new bookings established through the
rescheduling process if the original booking is no longer valid in the event of the rescheduling (including but not limited to changes of date, route, and/or
passenger) (including but not limited to instances where the ticket has been
used or refunded).
TRANSPORTATION
ADVICE
By
showing particular destinations, Travolounge does not represent or warrant that
travel to such destinations is desirable or risk-free, and Travolounge is not
liable for any damages or losses that may occur from such travel. Travolounge
is under no circumstances accountable for any mishaps that may occur during
your journey or stay. You are solely responsible for selecting your mode of
transportation, travel route, and final destination for the duration of your
trip. To the extent permitted by law, Travolounge is not liable for any loss
incurred if you fail to bring the required travel papers, such as your
passport, e-ticket, and e-voucher, or for any other reason attributable to you.
If
you purchase round-trip tickets under the same Airline Booking Code (Passenger
Name Record, abbreviated PNR), both the departure and return tickets must be
utilized in their whole, per the schedule printed on your Travolounge e-ticket.
Use of I only the departure or return ticket; or (ii) partial use of any
segment of a round-trip flight may render the other ticket invalid and
non-refundable. Travolounge is not liable for any repercussions stemming from a
breach of these terms and conditions.
You
are solely responsible for obtaining, maintaining, and having available for
presentation, the appropriate and valid travel permits or foreign entry requirements
(including, but not limited to, visas or other travel permits and documents,
whether for transit or otherwise) applicable to you prior to finalizing your
travel arrangements in accordance with the laws of the country you are
traveling from, into, over, or transiting. Travolounge is not obligated and is
not responsible for informing you of the necessary travel arrangements and
permissions to carry out your travel plans. Travolounge has no responsibility
or liability for any losses or damages originating from or relating to your
travel permits.
RATINGS
Existing
ratings are based on information provided by third parties, such as suppliers,
users, or other review websites. Ratings displayed on the website are intended
solely for the information of users. We do not verify the rating and are thus
not responsible for its accuracy, nor do the ratings indicate an endorsement
(or otherwise) from us. Travolounge is in no way responsible or liable for any
claims, losses, or responsibility related to the ratings displayed on the
website.
PRICE
AND PROMOTION
Occasionally,
we may offer cheaper prices and/or specials. Please note that these booking and
refund policies may be subject to varying circumstances and criteria.
If
a Vendor provides a promotion directly, the rights and power over the offer are
governed by the Vendor's independent terms and conditions and do not extend to
reservations made through Travolounge.
Additional
fees and reimbursements
Each
price mentioned on the Site is subject to certain restrictions, and prices are
subject to vary based on booking availability, booking duration, and/or other
variables. In some instances, pricing may not include taxes and other service
costs (e.g., tips for tour guides, other facility charges (where applicable),
and other charges/fees that may result from the usage of services other than
those offered by Travolounge). You acknowledge that it is your responsibility
to verify the entire amount due and other terms and conditions when the
confirmation email is received. You must validate the reservation on the
reservation page, and you may cancel the reservation at any moment before to
the final confirmation. You will be charged any additional fees incurred due to
the use of credit cards or inter-bank fees for shipping expenses, which are
indicated in the shown prices. If there is a disparity in the amount paid, Travolounge
will notify you through email of the additional amount due. In the event that
you cancel the booking prior to paying in full any existing deficiencies, Travolounge
will return the amount paid, less any reasonable costs incurred by Travolounge
as a result of your non-payment, subject to any applicable legal rights you may
have. Contact Travolounge Customer Service if you have any questions regarding
the Services. For all other cancellations, Travolounge will investigate and
verify applicable bookings prior to issuing refunds of the same amount paid by
you, less any applicable costs incurred by Travolounge, including but not
limited to processing and administrative surcharges, inter-bank transfer fees,
credit card fees, etc. (the "Refund Amount"). Refunds will initially
be sent in the form of electronic vouchers (e.g. Travolounge Coupon, Travolounge
Points, and/or Travel Voucher from the airline/vendor). Travolounge will work
with you to return monies already paid, less the reasonable costs spent by Travolounge
(e.g. inter-bank transfer fees). Depending on your original method of payment,
refunds may not be instantaneous. Credit card chargeback refunds will be issued
if this option is available and you request it.
You
can contact Travolounge Customer Service for further information on the
projected time frame for receiving your refund, and we will do our best to
assist you.
Travolounge
is not responsible or liable for any e-tickets, e-vouchers, or other
transactions that are terminated due to erroneous transfer amounts, exceeding
the time limit for transfers, or any payment that is not made directly to Travolounge's
bank account or Travolounge payment channels.
Additional
fees imposed by hotels
Please
note that unless otherwise noted, all hotel reservation costs displayed on our
website (the "Hotel Prices") are dependent on your preferences, such
as the required length of stay and the number of guests. Unless otherwise noted,
hotel rates are offered per room and per night. You are responsible for
confirming that your decision and any extra requests or services are reflected
in the price published on the Site and/or in the email-coupon confirmation.
Unless otherwise noted, breakfast is typically not included. Hotel resort fees
and other necessary costs (see explanation below) as well as municipal taxes,
tourist or occupancy fees (where applicable) are your responsibility and are
typically not included in the Hotel Rates unless otherwise specified. You are responsible
for confirming the accuracy of any explanations or policies offered by the
hotel on the Site. Unless otherwise specified, insurance of any type is not
included in the Hotel Prices. The regular hotel room reservation is for one or
two visitors; an extra bed will typically incur an additional fee. If the hotel
is not alerted in advance, it may refuse new guests.
Please
note that certain hotels may levy a resort fee, but specific services may incur
additional fees (or the like). Generally, the resort charge is not included in
the Hotel Rates; additional information will be provided in the hotel's
description on the website. You may also be charged directly by the hotel for
products and services such as, but not limited to, an energy surcharge, baggage
handling fees, the cost of newspaper delivery, in-room security expenses,
travel/tour fees, and the cost of cleaning the room in unusual circumstances.
This practice of adding hotel fees is beyond the authority of Travolounge.
Typically,
incidental expenses and personal consumption costs (incurred during the Hotel
stay) are not included in the Hotel Price. These expenses include but are not
limited to, parking fees, in-room minibar fees, telephone fees, room service,
food and beverage costs, special (gala) dinner costs, movie rentals / on-demand
movie costs, and Internet usage fees. During certain peak holiday seasons, some
hotels may require guests to partake in their special meals (such as for the
New Year, Christmas, Chinese New Year, and other events). These fees are not
included in the room rate, however, they will be listed on the reservation form.
Please refer to the site's "Hotel Information," "Booking
Requirements," and "Cancellation Policy" sections for additional
information. If you are uncertain whether a fee is included in the rate, please
contact Travolounge Customer Service for clarification.
Some
hotels may charge extra for airport transportation or transfer. In order to
reach the hotel, it is typical to travel between islands (such as the Maldives)
in this manner. This transportation is always provided by or on behalf of the
hotel, which is liable for the transportation service. Travolounge does not
organize transportation and is not responsible for such services. You
acknowledge that Travolounge is not responsible for the quality, safety,
frequency, or service level of the transportation services, or for any loss or
damage that may arise from using such transportation services.
In
some areas, hotels may be legally obligated to collect occupancy tax or local
city tax directly from customers. Additionally, government authorities may levy
additional taxes and order hotels to collect them directly. You agree to pay
all applicable taxes and fees directly to the hotel at check-out unless
otherwise noted. If you have any issues with additional fees that may be
included in the Hotel Price, please contact the Travolounge Customer Service
team.
USER
ACCOUNT
You
must register for an account in order to utilize the Services. When you
register to create an account, we will collect and process your personal
information, including your name, electronic mail (e-mail) address, and mobile
phone number. You are required to give us accurate, comprehensive, and
up-to-date information and agree to supply us with any proof of identity we may
reasonably request. We will collect, use, disclose, and otherwise handle your
personal information in line with our Privacy Statement, which may be found
here.
Only
you may use your own account, and you represent and warrant that you will not
authorize any third party to use your identity or account for any reason unless Travolounge expressly authorizes such usage.
You
cannot transfer or assign your account to another user.
You
must keep your account password and any other identity we provide secure and
confidential. In the event of any leak of your password, resulting in any
illegal use of your account or identity, the order(s) received from such
unauthorized usage will still be regarded as valid orders, and we will process
such order(s) (s). You hereby declare, subject to any legal rights you may
have, that Travolounge is not liable for any loss or harm resulting from the
misuse of your account in line with this article 9.4.
You
are expected to contact us promptly if you no longer have access to your
account (e.g., if your account is hacked or if your phone is stolen) so we can
temporarily block and/or deactivate your account. Please be aware that you are
responsible for your account's activity and may be held liable even if others
misuse your account.
Travolounge
reserves the right to temporarily block, delete, or deactivate your account at
our sole discretion and for any reason without providing a reason for blocking,
deleting, or deactivating your account, provided that this does not affect our
obligations to provide any Services that you have purchased prior to the
account suspension, deletion, or deactivation (unless we also cancel those
Services as permitted by these Terms). The reasons for blocking, deleting, or
deactivating your account may include but are not limited to, the following:
violation of these Terms, prohibitions in law or regulations, fraud or theft
(or indication or suspicion of fraud or theft), suspicion of criminal activity,
suspicious ordering, you are providing inaccurate, erroneous, or misleading
information, your inappropriate behavior, threats, or insults, refusal to
provide information, practical impediments, communicable disease, or other
unforeseen circumstances.
MEMBERSHIP
PROGRAM
By
joining Travolounge, you are instantly enrolled in our loyalty program,
"Travolounge Club," which is managed by Travolounge.
As
a member of Travolounge Club, you will have access to the points, promotions,
discounts, features, and other perks made available by Travolounge and/or third-party merchants on the Site from time to time. For the avoidance of doubt, we
may, to the extent permitted by law, from time to time modify, remove, or make
unavailable points, promotions, discounts, features, or other benefits offered
by us in accordance with applicable laws, provided that we provide a reasonable
amount of advance notice on our website.
PAYMENT
DETAILS AND PROCEDURES
Payments
are made in the amount and currency specified, exclusive of bank fees and other
Travolounge charges.
Taxes
and fees are not collected by Travolounge. Taxes imposed by a hotel or city
destination are the responsibility of the user.
For
all types of reservations, payment must be made within the allotted time frame.
Travolounge retains the right to cancel any and all reservations if payment is
not received.
The
accepted payment options include bank transfer and credit card but are not
restricted to them. For bank transfer payments, you must present the bank
transfer receipt as evidence of payment for the reservations stated in the Travolounge
confirmation email. You must adhere to the instructions outlined in the
confirmation email.
For
alternative payment methods, such as credit cards, you must adhere to the
procedures outlined by Travolounge and/or the applicable payment service
provider.
After
receiving complete payment, Travolounge will place the order and issue a
reservation number, which will include the Booking Code, Customer Name, Number
of Bookings, Booking Details, and Phone Number / Extension.
Fraudulent
credit card transactions
Travolounge
will charge your credit card the full amount for bookings made on the Site at
the time of booking and confirmation of the booking (any refund that may be
given will depend on the conditions of the existing reservations). Before
making a reservation, you must always double-check the reservation details. Travolounge
will process all relevant refunds within a fair timeframe. For certain
bookings, you may be required to pay the Vendor directly. We employ encryption
technologies such as Transport Layer Security ("TLS") and Secure
Sockets Layer ("SSL") in order to protect and encrypt your credit
card information while it is in transit to us.
In
the event of credit card fraud or unlawful use of your credit card by a third
party, you are required to report your bank or card issuer as soon as you
become aware of the fraudulent or unauthorized use. In such a case, Travolounge
is not liable for any credit card fraud or unauthorized use of your credit card
by a third party, regardless of whether such fraud or unauthorized use occurred
through Travolounge services (including, but not limited to, Travolounge Quick),
unless this was caused by Travolounge's fraud, negligence, or wilful action, or
as otherwise required by law. Travolounge is not obligated to issue refunds or
repayments to you because of such fraud unless otherwise required by law. As a
gesture of goodwill, we may present you with a form of compensation, subject to
our evaluation and approval. You may only request compensation if such
reservations were made through our secure servers and the fraud or unauthorized
use of your credit card was the result of our default or negligence and not
your own fault while using the secure server, or if you are otherwise entitled
to compensation under the law. If the fraudulent or unauthorized use of your
credit card occurred through third-party applications or servers, or as a
consequence of your own fault or negligence, we are not liable. You must
contact Travolounge Customer Service if you suspect unlawful reservations or
fraud on the site.
To
make a reservation, you must be at least eighteen (18) years of age and possess the full legal ability (or have authorization from your legal guardian). You must
use your own credit or debit card, issued in your name, and you must have
sufficient cash to cover the transaction fees. Travolounge is not responsible
for any fees you incur for allowing a transaction that results in an overdraft
of your account.
You
are required to give us absolutely accurate information. Travolounge
retains the right to decline the acceptance of specific credit cards. Travolounge
reserves the right to add or delete different payment options.
In
some instances, we may request further information or proof to validate and
confirm the reservation, as detailed on the website. Reservations are not
guaranteed until a confirmation email containing an e-ticket or voucher is
received, and the Vendor may use fraud examination procedures during the
booking process. If fraud happens or is confirmed to have occurred, the
reservation will be canceled. Travolounge is not responsible for any
cancellations made by the Vendor. Reservations will not be processed and will
be canceled if more information is not provided.
RIGHTS
AND OBLIGATIONS
Travolounge
hereby offers the user certain non-transferable and non-assignable limited
rights (a "Limited License") to access and use the Site to the extent
explicitly permitted by these Terms. In connection with this Limited Licence,
we do not grant you any additional rights or licenses pertaining to the use of
the Site; any rights or licenses not specifically granted are reserved by Travolounge
or other third-party licensees. Content published on the Site, including any
information, data, text, pictures, sound, graphics, video, messages, reviews,
or other materials (the "Content"), is the sole property of Travolounge
or its suppliers and service providers, including but not limited to the
Vendors (as applicable). You can use the Site to place orders, and you promise
not to submit any fraudulent reservation requests. You hereby declare that you
will submit accurate payment information. You also warrant that you have
provided an accurate email address, postal address, and other contact
information.
You
undertake not to use the Site or the Content for commercial purposes, directly
or indirectly for other than personal use, for illegal activities (prohibited
by law), or in violation of these Terms. You undertake not to edit, duplicate,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, sell, or resell any information, software,
products, or services obtained in connection with the Site without the prior
written approval of Travolounge. In addition, you agree not to: use the Site or
the Content for commercial purposes without written permission from Travolounge;
access, monitor, or copy any Content on the Site using any technology,
software, or program, either manually or automatically, for any purpose
without written permission from Travolounge; take any action that imposes or
may impose an unreasonable burden on the Site or Site infrastructure; create a
major link to the Site (including but not limited to the logo), or make a
major link to the Site (including (including but not limited to other
destinations provided by the Site). This includes, but is not limited to, the
following: obtaining or gathering information about individuals, such as email
addresses; engaging in fraudulent acts or actions designed to influence a
search engine results page ("SERP"), or doing search engine
optimization ("SEO"). SEO practices considered unethical or to
constitute "spamdexing" include, but are not limited to, cloaking,
metadata, title tags, content scraping, link schemes, google bomb, search
keywords, hidden text or hidden links, link schemes, comments containing spam
and other matters; any other activities which may adversely affect or result in
damage to the Site, Travolounge or its affiliates and employees, or Travolounge's
reputation; modify or create derivative works based on the Site's content or
code
By
placing an order on the Site, you represent and warrant that you are not
subject to any prohibitions or restrictions imposed by any sanctions program,
or any penalties imposed by any anti-money laundering system.
RIGHTS
TO CONTENT USED
By
completing a reservation, you consent to receive an email with an invitation to
submit reviews or content reviews regarding the selection of Vendors. Travolounge
has sole discretion over whether to publish your review on the Site. Travolounge
can display the review, which may include your name, remarks, and service
rating.
In
providing a review, you agree to ensure that: you own and control all of the
rights to the reviews that you provide to the Site; you grant us a perpetual,
irrevocable, royalty-free, worldwide, sub-licensable, and transferable license
to use your reviews, including all intellectual property rights therein, in
connection with our business operations, including the operation and management
of the Site; the content of the review is accurate and does not contain any
misrepresentation, and the review does not violate any applicable laws or
You
are solely responsible for the content of any and all reviews you provide or
submit.
Your
reviews will not be considered to include confidential information, and Travolounge
is not required to treat any review as confidential information. Without
limiting the other terms of these Terms, Travolounge reserves the right to
utilize reviews as it sees fit, including removing, chopping, changing, or
otherwise editing the review. Travolounge shall have no duty to pay for the
content that you submit in a review, including but not limited to content that
has been altered, removed, or cut. Travolounge shall have no obligation to
give, include, or mention writers or other third parties.
In
any event, you agree that with respect to the content of your reviews: you do
not require any attribution or identification on derivative works; you consent
that Travolounge and its employees, successors, and transfer recipients may use
all content of reviews submitted to Travolounge in any way, at any time. This
includes, but is not limited to, the publication and replication of the review,
and you agree not to assert any rights in any review.
RIGHTS
TO INTELLECTUAL PROPERTY
All
intellectual property rights ("Intellectual Property Rights") in
Content on the Site, including but not limited to the copyright, patents, domain
names, trademarks, service marks, logos, symbols or other designs, etc., are
owned by Travolounge and its affiliated companies, the Vendors, or other third
parties with whom Travolounge has a commercial arrangement. All information and
materials on the Site, including but not limited to software, text, data,
graphics, images, sounds, videos, trademarks, logos, icons, HTML codes, and
other codes, may not be published, modified, copied, reproduced, duplicated, or
altered in any way outside the confines of the Site without Travolounge's
express written permission. If you infringe these rights, Travolounge has the
right to file a civil suit against you for the total amount of damages or
losses incurred. These infractions may constitute crimes as well.
Certain
Intellectual Property Rights belong to Travolounge and/or its related
companies. Nothing in these Terms shall be considered as providing you a
license or any rights, express or implied, to use, own, distribute, or alter
any of Travolounge's intellectual property rights, except as clearly set forth
above. Other product and company names on the Site, including names,
trademarks, brands, service marks, logos, symbols, and other designs, maybe
the property of third parties or used under license. The use of third-party
Intellectual Property Rights on the Site does not constitute a third-party
endorsement or sponsorship of the Site. Travolounge owns the intellectual
property rights to the Site, and you may not use, possess, distribute, or
modify any of the Intellectual Property Rights owned by Travolounge and its
connected entities without Travolounge's prior written consent.
The
entire Content is safeguarded by copyright laws. We and our licensors own the
copyright and/or other rights to the Content's selection, coordination,
arrangement, and repair, as well as the original content. You may not change,
reproduce, copy, perform, display, or publish the Content, in whole or in part,
without Travolounge's prior written authorization.
Travolounge
is not liable for Intellectual Property Rights owned by third parties or for
your and/or any other party's violation of such rights.
You
may only use the Site's content for personal, non-commercial purposes. Unless
otherwise noted and expressly permitted by the copyright laws, you may not
copy, reproduce, redistribute, retransmit, publish, or otherwise exploit
commercially any downloads you make from the Site without the owner's consent.
Even if you receive the appropriate authority, you are prohibited from making
modifications or deletions. You agree that downloading any Content does not
grant you any Intellectual Property Rights in that Content.
Travolounge
can license the use of open source software from third parties under the GNU
General Public License ("GPL") when creating the Site, preparing the
source code, and providing software support. Any use by Travolounge of open
source software and the Intellectual Property Rights of a third party is with
the necessary licenses or permits.
CLAIMS
OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
If
there is proof of infringement on your Intellectual Property Rights, you or
your representative (collectively "Sender") may send a notice
containing the following information:
The
sender's name and address;
If
the Sender is not the owner of the Intellectual Property Rights or exclusive
license, then the name and address of the owner of the Intellectual Property
Rights must be included.
If
the Sender's address is not in Malaysia, the Sender must supply a temporary Malaysia
address;
Sender's
phone number, fax number (if applicable), and e-mail address;
Sufficient
information to establish the existence of intellectual property rights
infringement, including the Internet addresses of any electronic copies;
Request
from the sender to remove or disable access to the electronic copy or version
that infringes;
A
declaration that the Sender acknowledges in good faith the violations identified
in paragraph (5) of this Clause;
A
declaration that the information in the notification is correct;
A
statement that the Sender (a) is the owner or exclusive holder of the
intellectual property rights that are being infringed; or (b) has the legal
authority to act on behalf of the owner or exclusive holder, and (c) is
authorized to act on behalf of the owner or exclusive holder.
The
statement that the Sender is subject to Malaysian law and that all claims,
disputes, controversies, or differences arising from the infringement of
intellectual property rights shall first be submitted to the Malaysia Mediation
Centre for resolution by mediation in accordance with the Mediation Procedure.
The Sender should indicate that they will participate in mediation in good
faith and will abide by the conditions of any settlement.
The
letter must be signed and physically and electronically delivered to the
following address:
We
shall review and process notifications in compliance with the aforementioned
procedures and Malaysian law.
You
agree not to hold Travolounge liable for any losses or damages resulting from
fraud, forgery, or fraudulent allegations of intellectual property rights
violation.
LIMITATION
OF LIABILITY
YOU
HEREBY DECLARE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE
SITE'S SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS
AVAILABLE." WE HEREBY EXPRESSLY STATE THAT WE DO NOT MAKE ANY KIND OF
GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE
MERCHANTABILITY OF A PRODUCT OR SERVICE, OR THE SUITABILITY OF THE SERVICES WE
PROVIDE FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT WHERE APPLICABLE; WE
DO NOT GUARANTEE THAT: I WE HAVE NO DUTY TO NOTIFY YOU OR COMPENSATE YOU IF YOU
SUFFER LOSSES OR DAMAGES DUE TO YOUR LACK OF VISA OR TRAVEL PERMITS (INCLUDING,
BUT NOT LIMITED TO, REFUSAL OF ENTRY, DEPORTATION).
YOU
ASSUME COMPLETE RESPONSIBILITY AND RISK FOR ANY MATERIALS YOU DOWNLOAD OR
OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICES. YOU VOLUNTARILY ASSUME SUCH
RISK, AND YOU WILL BE FULLY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM OR
RELATED TO SUCH MATERIAL, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM DOWNLOADING ANY OF THE PROVIDED MATERIALS.
NOTWITHSTANDING
WHAT IS STATED IN THESE TERMS AND SUBJECT TO CLAUSE 17.2, WE SHALL NOT BE
LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM OR
CONNECTED TO YOUR USE OF THE SITE OR USE OF THE LINKS ON THE SITE, INCLUDING
BUT NOT LIMITED TO SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR
OTHER
Nothing
in these Terms limits or excludes a party's liability for death or bodily
damage caused by that party's negligence, fraud, or any other liability that
cannot be restricted or excluded under applicable law.
You
agree to indemnify and hold harmless Travolounge and its employees, affiliates,
staff, and partners, from and against any and all claims, demands, liability,
damage, or loss, including legal fees, that arise as a result of claims of third
parties in connection with: (a) your use of the Site; (b) Content that is
given, provided or accessed through this Site; (c) your violation of the Terms;
(d) your violation of any other rights or obligations; and/or (e) any act or
THE ONLY REMEDY AVAILABLE TO YOU IS TO CEASE USING THE SITE.
The
Website may contain links to websites owned by third parties. We have no
control over these sites or links and are not responsible for their content, privacy practices, or other actions. We or third parties may submit automated
search results and provide links to other websites. We make it possible for
third parties to deliver, load, transmit, or otherwise make Content accessible.
We do not examine and/or have no control over the site, its source, or the
Content it contains. You accept that we are not responsible for the content or
availability of such sites and resources and that we do not endorse,
recommend, or control the origin of such other sites or Content. You hereby
undertake to indemnify and hold us harmless from and against any and all
liabilities, expenses, loss, or damage, directly or indirectly caused or
alleged to be caused by or in connection with the use of or account for such
Content, site, or resource.
Travolounge
has the entire and absolute right to change, postpone, cease, or halt the Site
and/or any portion of the Site, including any Services, and/or your use of the
Site, or any portion thereof, at any time and for any reason, without providing
you with prior notice.
In
the event of termination, you and Travolounge remain bound by the obligations
in these Terms, including but not limited to the warranties, indemnification,
waiver, and limitation of liabilities that you have agreed to, in relation to
any Services that have been partially provided to you but not fully provided as
of the termination date.
Travolounge
is not responsible to you or any third party for any termination or suspension
of your Site access.
You
agree and consent to our collection, use, disclosure, and processing of your
personal information in accordance with our Privacy Statement, which is available
here.
APPLICABLE
LAW These Terms (and any disputes arising out of or in connection with these
Terms (including any alleged breach or challenge to the legality or
enforceability of these Terms)) shall be governed by and construed in
accordance with the laws of Malaysia.
DISPUTES
RESOLUTION
In
the event of a dispute arising out of or relating to these Terms, the parties
shall first discuss in good faith for sixty (60) days from the date of the
notice of the dispute to reach an amicable resolution. In the event that a dispute
cannot be resolved through mutual consultation within sixty (60) days, it shall
be referred to mediation at the Malaysia Mediation Centre in accordance with
the Mediation Procedure. The parties agree that if the dispute remains unresolved,
the courts of the Republic of Malaysia will have non-exclusive jurisdiction. If
you are a consumer and a resident of a country other than the Republic of Malaysia,
we may also bring legal action in that country.
These
Terms constitute the complete agreement and understanding between you and Travolounge
pertaining to their subject matter and supersede any earlier agreements,
written or oral, between you and Travolounge pertaining to their subject
matter.
If
you use the Site for or on behalf of a third party ("Third-party"),
such as a family member or traveling companion, you are responsible for any
inaccuracy in the information provided in connection with such usage. You must
also inform the Third Party of all applicable terms and restrictions. When using
the Site for or on behalf of a Third Party, you agree to indemnify and hold Travolounge
harmless from and against any and all liabilities, losses, damages, suits and
claims, including legal fees, arising out of or in connection with your and/or
the Third Party's violation of these Terms or negligence.
These
Terms have been drafted in English. Any translation into another language is
provided solely for your convenience and education. In the event of a
discrepancy between the English version and any other translation, the English
version shall prevail. These headings are inserted solely for convenience and
shall not affect the interpretation or construction of these Terms.
In
the event that any provision is determined to be invalid or unenforceable by a
court of competent jurisdiction, such provision shall nevertheless be enforced
to the fullest extent permitted by applicable law, and such determination shall
not affect the validity and enforceability of the remaining provisions. The
severed section shall be replaced with a provision that approximates the
original wording and intent as closely as practicable.
Failure
by either Party to enforce any provision of these Terms at any time shall not
be construed as a waiver of its rights to enforce the breach of such provision
or any other provision in these Terms, or as a waiver of any continuing,
succeeding, or subsequent breach of any provision or other provisions.
Without
our prior written consent, you may not transfer or assign your rights or
responsibilities under these Terms.
We
reserve the right to change, modify, add, or delete portions of these Terms (or
the entire document) at any time in order to comply with any applicable law or
regulation or to reflect a change in our operational practises, provided that
we will use reasonable efforts to provide notice of material changes on the
Site. We may modify the Terms at any time by publishing a revised version on
the Site. All previous versions of the Terms will be superseded by the most
recent version.
Nothing
in these Terms is intended to offer any third party the right to enforce any
term or confer any benefits under these Terms, except as specifically
indicated. It is clearly excluded that the Contracts (Rights of Third Parties)
Act (Cap. 53B) and any re-enactment shall apply.
Notices
issued pursuant to these Terms shall be deemed given if they are in writing and
sent by registered mail, recorded delivery, or an equivalent service to either
Party (at our registered address, or otherwise notified).
Travolounge
may provide notice to you by a general notice on the Site or to the email
address associated with your account. You must provide notice to Travolounge
via registered mail or by equivalent means to either Party (at our registered
address, or otherwise notified).
MAJEURE
Travolounge
shall not be liable for any non-performance or violation of these Terms,
including but not limited to transaction failure, restricted access to the
Site, or any damage or harm to users caused by an act or condition beyond your
or our reasonable control ("Force Majeure Event"). Natural disasters
(floods, earthquakes), epidemics, riots, a declaration of war, war, military
action, terrorist action, embargo, sanctions, changes in laws or regulations,
lightning, hurricanes/typhoons/cyclones, labor strikes, demonstrations,
airline or hotel bankruptcy or insolvency, and cyber-attacks are examples of
Force Majeure Events.
Travolounge
is not liable for any damages or losses incurred by any party as a result of
the Force Majeure Event.
Please
go to the FAQs if you have any additional inquiries about TRAVOLOUNGE.
Accessible
here are the terms and conditions that govern the sale of certain products
through this Platform ("Secondary TnC"). Your acceptance of these
Terms and Conditions constitutes agreement to the Supplementary Terms and
Conditions. If you are uncertain whether your reservation is subject to the
Secondary Terms and Conditions, please contact us prior to completing the
transaction.
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