Terms and Conditions
Please read these Terms and Conditions carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the yourTravy Platform, you agree to comply with and be bound by this Agreement.
Thank you for using yourTravy!
1. Definition of Terms
b. Site – refers to the yourTravy website, including any subdomains thereof, and any other websites through which yourTravy makes its Services available.
c. Application – refers collectively to the website, including the mobile, tablet and other smart device applications, and application program interfaces.
d. Platform – refers collectively to the Site, Application and Services when cited together.
e. Services – refer to the availability of the tour and experience packages in the yourTravy website.
f. User – refers to a person who can browse the yourTravy website but cannot book any tour or experience package therein.
g. Guests/Travyler – refers to a person who has registered as a user of the yourTravy website. Upon registration, the Travyler may proceed to book any tour or experience package listed in the yourTravy website.
h. Travel Agency and Local Tour Operator – refers to Travel Agents and Local Tour Operators who simplify the time-consuming and complicated process of planning a trip, aside from providing consultation services and entire travel packages. An Agent can be self-employed, work for an independent Travel Agency, or be part of a Travel Agency Consortia. Travel Agents may specialize in liesure, business and/or other niche travel markets. They may be generalists or specialists (i.e. specialise in adventure travel, conventions and meetings or cruises.) They may also specialise in a specific location/area (i.e. Palawan Tours, Cebu Tours etc.).
i. Experience Guide – refers to a person or group who offer experiences unique to thier expertise i.e. Artists offering access to thier performances, collectors showcasing their collection and offering insight to their passions, etc.
j. Tour Guide – refers to a person or group who provides assistance, information on cultural, historical and contemporary heritage to people on organized tours and individual clients at educational establishments, religious and historical sites, museums and at venues of other significant interest.
k. Experience Partner(s) or ExP – collectively refer to the travel agency, local tour operator, experience or tour guides.
2. Scope of Services
a. yourTravy and its Platform is an online marketplace that enables Travylers and certain third parties, such as the Experience Partners, who offer Tour and Experience Packages, to publish the same as “Listings” on the Platform and to communicate and transact directly with Travyler(s), who are seeking to book such Tour and Experience Packages
b. As the provider of the Platform, yourTravy does not own, create, sell, resell, provide, control, manage, offer, deliver or supply any Listings, Packages, or Experiences. The Experience Partners alone are responsible for their Listings. When Travylers make or accept a booking, they are entering into a contract directly with the Experience Partners. yourTravy is not and does not become a party to or participate in any contractual relationship between Travylers and Experience Partners, nor is yourTravy a tour agency or travel insurer. yourTravy is not acting as an agent in any capacity for any Travyler or Experience Partner.
c. While We may help facilitate the resolution of disputes, yourTravy has no control over and does not guarantee (a) the existence, quality, safety, suitability, or legality of any Listing, Tour or Experience Package, (b) the truth or accuracy of any Listing descriptions, or (c) the performance or conduct of any Travyler, Experience Partner or its employees. Travyler(s) should always exercise due diligence and care when deciding whether to make or accept a booking, or participate in an experience. In turn, Experience Partners are bound to be conscientious in accepting a booking request and in communicating and interacting with Travyler(s), whether online or in person. The images used in the Listings are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by yourTravy of any Experience Partner or Listing.
d. In order to promote the Platform or Site and to increase the exposure of Listings to potential consumers, Listings and other content may be displayed or posted in other websites, in applications, within emails, and in online and offline advertisements.
e. To assist Travyler(s) who speak different languages or dialects, Listings and other contents of the Site may be translated, in whole or in part, into other languages. yourTravy cannot guarantee the accuracy or quality of such translations and Travyler(s) are responsible for reviewing and verifying the accuracy of such translations. The Platform may contain translations powered by Google. However, Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. yourTravy likewise disclaims any liability that may arise in relation to the accuracy and reliability of said translations.
f. The Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. yourTravy is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by yourTravy of such Third-Party Services.
g. Due to the nature of the Internet, yourTravy cannot guarantee the continuous and uninterrupted availability of the Platform. yourTravy may restrict the availability of the Platform or certain areas or features thereof, if necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. yourTravy may improve, enhance and modify the Platform and introduce new Services from time to time.
3. Eligibility, Use of Platform and Member Verification
a. You must be at least eighteen (18) years old and able to enter into this Agreement upon accessing and using the yourTravy Platform. By using the Platform and by agreeing to this Agreement, you hereby warrant and represent that you are at least eighteen (18) years of age.
b. If you create an account in the yourTravy website, you are responsible for maintaining the security of your account and you are responsible for all activities that occur under the account and any other actions taken in connection with it.
c. Providing false contact information of any kind may result in the termination of your account.
d. The Travyler(s) must immediately notify yourTravy of any unauthorized use of your account or any other breach of security.
e. yourTravy shall not be liable for any acts or omissions of the Travyler(s), including damages of any kind incurred as a result of such acts or omissions.
f. yourTravy may suspend, disable, or delete your account (or any part thereof) if We determine that the Travyler has violated any provision of this Agreement or that your conduct or content would tend to damage yourTravy’s reputation and goodwill. If the Travyler(s) account was deleted for the foregoing reasons, the Travyler may not re-register to avail of Our Services.
4. Booking, Rebooking and Cancellation Procedures
a. Once the Travyler(s) decide to book a Listing, the former shall receive, within twenty-four (24) hours, an email confirmation from the Experience Partner that the booking is accepted. Said email shall contain the payment instructions. In case the booking cannot be confirmed (i.e. maximum number of participants has been reached, bad weather, etc.), the Experience Partner shall communicate with the Travyler for rescheduling of the booking. The booking may be cancelled by the Experience Partner if no agreement has been reached with the Travyler.
b. Upon successful payment, the Travyler(s) shall receive an invoice from PayPal and email confirmation from yourTravy bearing the details of his booking.
c. It shall be understood that bookings of any listing in the Platform shall be final and binding as to the Travyler and Experience Partner concerned. The details as indicated in the listing can no longer be changed or amended except in the following instances and subject to the following options:
(c.1)In case of changes in the Travyler(s) schedule, the following options shall be allowed, in the order stated, provided that yourTravy has been informed of the request for rebooking or change of schedule at least one (1) month prior to the original booking:
(c.1.a) rebooking to a date later than the original booking, subject to the availability and confirmation of the Experience Partner;
(c.1.b) transfer of the original booking to another person(s); and
(c.1.c) cancellation of the booking with concomitant refund of the amount paid by the Travyler(s).
(c.2) In case a force majeure or fortuitous event affects the confirmed booking of Travyler(s), the following options are available, in the order stated:
(c.2.a) rebooking to a date later than the original booking;
(c.2.b) transfer of the original booking to another person(s); and
(c.2.c) cancellation of the booking with concomitant refund of the amount paid by the Travyler(s).
In the event that the Experience Partner cannot honor or accommodate the rebooking date due to a conflict of schedule, yourTravy shall inform the Travyler(s) of such conflict of schedule and shall refund the full amount paid by the Travyler(s) subject to processing time and charges imposed by PayPal.
All cases of rebooking, transfer, cancellation and refund will be dealt with on a case-by-case basis. yourTravy reserves the right to decide on each individual case in a manner deemed most fair and impartial to all parties involved.
5. Rates/Listed Price
a. It shall be understood that the rates or listed price are per tour/experience package and per person, as described in the listing, and quoted in Philippine Pesos (PhP). However, yourTravy reserves the right to amend listed prices affected by foreign exchange rate movement beyond its control.
b. The listed price in this Platform are final and binding upon the guests, Travylers, Experience Partners and yourTravy.
c. yourTravy warrants that the rates shall have no hidden charges except those that may occur as a consequence of foreign exchange rates and foreign exchange charge of the credit card(s) used by the Travylers. In such a case, the Travyler agrees to hold yourTravy free from any liability as said matter is between the Travyler and his credit card issuer.
d. The Experience Partner guarantees that the rate indicated on his yourTravy listing shall not be higher than that on his own website or any other page. Said rates are for all the inclusions mentioned on the Listing and the Experience Partner is prohibited from charging, and/or collecting from, the Travyler(s) any fee before, during or after the tour/experience other than the listed price. The listed price, however, does not include voluntary tips, taxes, fees, meals, snacks, water, etc. which are not mentioned on the listing. The Travyler may clarify the inclusions with the Experience Partner using the Message Partner tool on the Platform.
6. Payment and Refund Policies
a. All payments shall be through credit or debit cards, American Express, Dis cover, Visa, Mastercard or Paypal fund, all processed by PayPal and, therefore, subject to the Paypal terms and conditions.
c. However, in the event that the Travyler(s), for whatever reason other than force majeure or fortuitous event, chose to cancel the booking and refund the amount paid, the same shall be subject to the processing time and charges imposed by PayPal.
d. No refund shall be due in case the Travyler(s) did not show up at the time and place agreed upon with the Experience Partner.
7. Rights and Obligations of Travyler(s)
The foregoing shall be without prejudice to other rights and responsibilities of the Travyler(s) enumerated in this Terms of Service:
a. Travyler(s) must agree with the terms and conditions of the Experience Partner concerned in the booking
b. After tour/experience proper, any Travyler(s) is encouraged to give a feedback in relation to the booking in order to help yourTravy in improving its Platform and services.
8. Rights and Obligations of yourTravy
The foregoing shall be without prejudice to other rights and responsibilities of yourTravy enumerated in this Terms of Service:
a. Upon booking by Travyler(s) using the yourTravy Platform, yourTravy has the following responsibilities, namely: (a) to send through email a booking confirmation to said Travyler(s) and (b) to coordinate with the Experience Partner the itinerary details either in writing, verbal or electronic communication.
b. yourTravy acts only as an intermediary and shall not be liable for any loss, injury, accident or damage sustained by the Travyler(s) in connection with, or resulting from, the conduct, act or omission of the Experience Partner’s employee(s) during the duration of the tour/experience package.
c. yourTravy shall likewise be free from any liability, loss or damage that may arise in connection with, or resulting from, the conduct, act or omission of the Travyler(s) or any part of the touring party.
d. yourTravy undertakes to mediate and exert all efforts to resolve any and all issues that may arise between the Travyler(s) and Experience Partner(s) in connection with the booking.
e. These rights and remedies are in addition to any right to damages or other rights and remedies allowed by law.
9. Rights and Obligations of the Experience Partner
The foregoing shall be without prejudice to other rights and responsibilities of the Experience Partner enumerated in this Terms of Service:
a. The Experience Partner shall accommodate the rebooking date chosen by the Travyler(s) who were forced to re-schedule their tour/experience package due to force majeure or fortuitous event. In case that the Experience Partner could not accommodate the Travyler during said rebooking date chosen, the former shall immediately inform yourTravy, within five (5) days from the date the rebooking was made, such conflict of schedule so that the latter may inform the Travyler thereof, which shall, in turn, inform the Travyler.
b. Unless otherwise specifically noted, the Experience Partner shall provide and pay for all supplies, paraphernalia, tools, equipment, transportation, and other facilities and services necessary for the proper execution and completion of the tour/experience as provided in its listing.
c. The Experience Partner shall take all reasonable safety precautions and provide all necessary protection to prevent damage, injury, or loss to Travyler(s) and his/her employees during the duration of the tour/experience.
d. The Experience Partner shall be solely responsible for all damages and/or liabilities that may arise in connection with, or resulting from, the conduct, act or omission of its employees.
10. Confidential Information/Data Privacy
a. All information given by Travyler(s), upon registration, are accepted by yourTravy as true and correct unless subsequently amended in writing through the use of the Platform or email.
b. In this connection, Travyler(s) shall not hold yourTravy responsible for any inconvenience or financial loss caused by wrong information supplied to the latter.
11. Miscellaneous Provisions
a. Assignment. The Travyler(s) shall not assign their booking, in whole or in part, without the written consent of yourTravy and/or the Experience Partner concerned. Any request for assignment or transfer of booking shall be addressed directly to yourTravy.
c. Non-waiver Clause. No failure to enforce any provisions of this Terms of Service on account of any breach thereof shall be considered as a waiver of any right to enforce provisions thereof concerning any subsequent or continuing breach.
d. Separability Clause. If any provision of this Terms of Service is declared by any court of competent jurisdiction to be invalid for any reason, such invalidity shall not affect the remaining provisions. On the contrary, the remaining provisions shall be fully severable, and this Terms of Service shall be construed and enforced as if such invalid provisions never had been inserted herein.
e. Effectivity Clause. The terms and conditions herein provided shall be irrevocable upon acceptance by the Travyler(s) through the Platform and shall remain in full force and effect following final payment. The provisions of the Agreement are binding on the heirs, successors or assignees of the parties.
12. Your Acceptance of These Terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.