Last Updated: 28 May 2019
Introduction and Scope of Services
TravelOP Pte. Ltd and its subsidiaries (together “TravelOP”) provide an online Business-to-business platform with technology for Tourism supply chain players with sell and buy intent to meet online, write reviews, search, compare and book Supplies such as package tours, activities, transport, restaurants and attractions tickets (collectively referred to as “Supplies”). Tourism Supplies provided by Suppliers are booked directly by the respective buyers. The buyers are authorized individual representing an organization or a business who is interested in booking tourism supplies. The “Members” within TravelOP are persons who can have a buyer or seller profile or both, who completed TravelOP’s account registration process. Sellers (or suppliers) and buyers are Members jointly referred to as “you”.
The “Services” comprise listings for Supplies independently created by Suppliers in their own discretion and responsibility (each a “Listing”) as well as Content (as defined below) which are accessible at www.travelop.co including its subpages (collectively, the “Site”) and any related applications (the “Application”).
TravelOP is solely acting as a non-commercial agent for the Buyers and Sellers.Suppliers. TravelOP is not a Supplier of Supplies, nor is it a provider of Supplies, nor a representative or proxy of a Supplier, Buyer nor an insurer. TravelOP does not own, sell, resell, furnish, provide, manage or control any transportation, activities, food destinations, Supplies or supply services and does not act as an agent to the Suppliers and Buyers. TravelOP’s responsibilities are limited to exclusively facilitating the availability of the Services and serving as the non-commercial agent of each member.
TravelOP has no control over the conduct of Supplier and Buyers and other members or users of the Services. TravelOP CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SUPPLIES. TravelOP IS NEITHER RESPONSIBLE NOR LIABLE FOR TO ANY LISTINGS AND SUPPLIES, BOOKINGS WITH THE SUPPLIERS ARE MADE AT THE BUYER’S OWN RISK.
The Services are intended solely for persons who are aged 18 years or older. Any access to or use of the Services by anyone under 18 years is expressly prohibited. By accessing or using the Services you guarantee that you are 18 years or older.
Bookings and Payments
Bookings by Buyers with Suppliers
The respective Supplier only, and not TravelOP, is solely responsible to the respective Buyer for honouring any confirmed bookings and making available any Supplies reserved through the Services. The Supplier is also responsible to provide all information legally required to the Buyer. If you, as a Buyer, choose to enter into a transaction with a Supplier for the booking of the Supplies, you agree and understand that you will be required to enter into an agreement (including releases) with the Supplier only and you agree to accept any terms, conditions, rules and restrictions associated with such Supplies imposed by the Supplier and will receive necessary information from the Supplier only. You acknowledge and agree that TravelOP is no party to the agreement but only acts as the non-commercial agent to the Supplier and TravelOP accepts no liability arising from or related to any of your agreements with the Supplier unless TravelOP is legally obliged to do so or to fulfil certain information and security obligations towards the Buyer.
The Buyers and Sellers are requested to either confirm or reject a booking within the specified timeframe (which is generally within 24 to 48 hours of when the booking is requested, as determined by TravelOP in its sole discretion) or the requested booking may be automatically cancelled. Once your confirmed booking transaction is complete, you will receive a confirmation email summarizing your confirmed booking.
Payments by Buyer
You agree to pay for the “Total Cost” (including the price of the supplies and, where applicable, taxes, levies and duties) for any booking requested, in accordance with the pricing terms set forth in the applicable booking page, if such requested bookings are confirmed by the applicable Supplier. The availability and price of Supplies can change any time until you have received a booking confirmation. Please take note that TravelOP DOES NOT COLLECT ANY PAYMENT on behalf of Supplier and Buyer. Commercial terms and payments between the buyers and sellers are between themselves and TravelOP is in no way involved.
Buyer Cancellations and Refunds
If (1) the applicable Supplier does not confirm the requested booking, or, (2) as a Buyer, you cancel your requested booking before the requested booking is confirmed by the Supplier. Once your booking is confirmed by the applicable Supplier, the Total Cost of your Supplies is subject to the cancellation and payment terms of the Supplier. Please carefully read the fine print and important information in the Listing, the booking page and your reservation confirmation for policies as applied by the Supplier. A cancellation must be done via your booking conversation page.
TravelOP may, in its sole discretion, permit you to post, upload, publish, submit or transmit text, graphics, images, video or other materials (“Content”). By making available any Content on or through the Services, you agree that TravelOP may use the Content as TravelOP at its discretion sees fit in particular on its (mobile) website and app, and in (online/offline) promotional materials and publications. You hereby grant to TravelOP a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, or by means of the Services. TravelOP does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to TravelOP the rights in such Content, as contemplated under these Terms; and (b) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or TravelOP’s use of the Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The person who uploaded the Content warrants that the Content shall not contain any viruses, Trojan horses or infected files. You must not store illegal content on the Site and TravelOP will monitor the site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine. Any Content that does not meet the aforesaid criteria will not be posted and can be removed at any time and without prior notice.
Also TravelOP may, in its discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or terminate your TravelOP account. TravelOP does not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or feedback.
If you choose to use the Services, you do so at your sole risk. TravelOP does not have an obligation to conduct checks on any Buyers and Suppliers, Members or other users of the Services or third parties and does not make any attempt to verify Listings or Content. The Services (including the Site and Application), Listings and Content are provided “as is”, and without warranty of any kind. In particular, TravelOP makes no warranty regarding the quality of any Listings, Suppliess, the Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Services or advice or information, whether oral or written, obtained from TravelOP.
Without limiting the foregoing, TravelOP is not responsible and disclaim any liability for the use, validity, quality, suitability, fitness and due disclosure of the Listings and the Supplies and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose or be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the relevant Supplier is solely responsible and assumes all responsibility and liability in respect of the Listings and the Supplies. TravelOP is not a (re)seller of the Supplies. Complaints or claims in respect of the Supplies are to be dealt with by the Supplier. TravelOP is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities. TravelOP explicitly disclaims all liability for any act or omission of any Buyer or other third party. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services and Content, your booking of any Supplies via the Services, and any contact you have with other users whether in person or online remains with you.
TravelOP nor any others involved in creating, producing, delivering or otherwise making available the Services or the Content will be liable for (a) any punitive, special, indirect or consequential loss or damages, including loss of profit, loss of or damage to goodwill or reputation, loss of claim, (b) any inaccuracy relating to the (descriptive) information of the Supplier as made available, (c) the services rendered or the products offered by the Suppliers or other business partners, (d) any direct, indirect, consequential or punitive damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of the Services, or (e) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Supplier or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services.
Applicable Law, Jurisdiction and Dispute Resolution
These Terms and the provision of the Services shall be governed by and construed in accordance with Singapore law.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms. The non-commercial relationships that TravelOP has with the Suppliers are governed by separate agreements. Suppliers may have, declare applicable or require acceptance of their own terms and conditions for the use, access and consummation of the Supplies (which may include disclaimers and limitations of liability).
TravelOP reserves the right to modify the Terms at any time without prior notice. Any changes will become effective immediately upon use of the Site, Application and Services post change constituting an acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.