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You And Tripaneer, From A Legal Point Of View
Last Modified: 7 March 2018
About BookCulinaryVacations and Tripaneer
BookCulinaryVacations is part of Tripaneer B.V., a private company with limited liability established and existing under the laws of the Netherlands, having its registered office in (1017 AZ) Amsterdam, the Netherlands, at Singel 542, registered with the Chamber of Commerce in The Hague, The Netherlands under 61843962). We also operate a number of other websites as part of Tripaneer. Underlying these different websites is a common theme. They all can be used to find, compare, and book travel experiences anywhere in the world.
Terms and Conditions
These terms and conditions entail a license and its terms to use the platform of Tripaneer. On the platform you can offer your travel experiences to Tripaneer's individual users. Your acceptance of these terms and conditions is necessary before you can use Tripaneer's platform as an organizer and offer your services to Tripaneer's individual users.
We advise you to carefully read the terms and conditions, so you fully understand the rights and obligations you have in relation to your use of our platform. You can access the terms and conditions through this hyperlink: [Terms and Conditions for organizers]
The annotation on the right contains a short explanation but is not legally binding.
In these Terms and Conditions, the terms indicated with a capital, whether single or plural, will have the meaning as stated in Article 13.
The applicability of any general -, purchase -, delivery - and/or other conditions of the Organizer are excluded, unless set out differently by Tripaneer expressly and in writing.
Tripaneer is entitled to amend or supplement these Terms and Conditions. The most up-to-date Terms and Conditions can always be found on the Platform and the Website. The amended or supplemented Terms and Conditions will be brought to the Organizer's attention during the Organizer's use of the Platform. By continuing its use of the Platform, the Organizer accepts the amended Terms and Conditions. If the Organizer does not agree to the amended Terms and Conditions, it can terminate the Agreement and its Account in accordance with Article 8.
Additions to and/or deviations from these Terms and Conditions are only valid when confirmed in writing by Tripaneer.
In other words:
"These terms apply to all legal acts of Tripaneer, the contract we concluded with you and your use of our platform. If any of these terms change you will be informed as soon as possible."
In order to make use of the Platform, the Organizer shall enter into an Agreement with Tripaneer, to which Agreement these Terms and Conditions apply. To enter into an Agreement, the Organizer shall follow Tripaneer's registration process. The Organizer warrants that all information provided during this process is up-to-date, correct and complete. If the (company) data submitted by the Organizer is at any point no longer up-to-date, correct or complete, the Organizer shall modify or complete the required data. The Organizer is not allowed to register an Account on behalf of another entity or person.
During the registration process the Organizer is required to enter all information requested by Tripaneer before an Account is created on its behalf, which includes information about cancellation, location, contact information and the Organizer's terms and conditions, as communicated to the Organizer during its registration.
The Organizer is responsible for maintaining secrecy with regard to its Login Details. As soon as the Organizer knows or has reason to suspect that its Login Details have come into the hands of unauthorized persons, the Organizer must inform Tripaneer of this without delay, without prejudice to its own obligation to immediately take effective action, such as changing its Login Details.
The Organizer is at all times responsible and liable for the use of the Platform by third parties through its Account. The Organizer indemnifies Tripaneer against any and all damage and costs arising from and/or related to the access to and/or the use of the Platform by third parties through the Organizer's Account.
In other words:
"In order to make use of our services you need to register and create an account on our website. You are responsible for registering the correct and complete information, and need to update it when it's no longer up-to-date. Keep your log-in information to yourself as you are responsible for what happens with your account!"
Use of the Platform
If the Organizer complies in full with all obligations pursuant to these Terms and Conditions, Tripaneer will grant the Organizer a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Platform.
To the best of its ability, Tripaneer will make efforts to provide the Platform with due care. The Organizer accepts that the Platform, only contains the functionalities and other characteristics as it contains at the moment of the Organizer's use (“as is” and “as available”). Each and every use of the Platform is for its own risk and responsibility.
Tripaneer is at all times, without in any way becoming liable to the Organizer, entitled to make procedural and technical alterations and/or improvements to the Platform, including the available payment process.
Each and every use of the Platform is for the risk and responsibility of the Organizer. The Organizer is solely responsible and liable for Content and the storage and processing of the personal data of Users.
Tripaneer may at any time impose quality standards upon the Organizer, including but not limited to standards regarding technical requirements, information level and requirements regarding the Experience Offers and/or services offered by the Organizer to Users. Tripaneer may at any time amend or supplement these standards and can – at its sole discretion – (temporarily) block the Organizer's Account if these standards are not met.
The Organizer is not entitled to:
make Content available that is in any way unlawful or infringes the rights of Tripaneer and/or third parties, including – but not limited to – IP Rights and rights that relate to the protection of privacy;
reproduce or decompile the Platform or to apply reverse engineering to it, unless permitted by mandatory law;
make Content available that harms the interests and reputation of Tripaneer;
engage third parties to perform any of the abovementioned acts;
deliberately involve false or misleading information; and/or
violate minimum (quality) standards communicated by Tripaneer from time to time.
If, after completing an Experience Offer, a Users experience materially and objectively differed in a negative sense (to be assessed by Tripaneer) from the experience suggested by the Organizer in its Experience Offer due to the Organizers violation of article 3.6e, the Organizer shall refund the total amount paid by the User for the Reservation. In addition, Tripaneer shall be entitled to suspend or delete the Organizers Account or impose additional requirements for subsequent Experience Offers.
Tripaneer reserves the right to modify, refuse or delete Content, in particular in - but not limited to - the events such Content is unlawful or violates any third party right, these Terms and Conditions or legislation or does not meet Tripaneer's (quality) standards.
If the Organizer is of the opinion that certain content offered by another Organizer or that is otherwise available on the Platform infringes its rights and/or the rights of a third party, the Organizer shall notify Tripaneer thereof.
In other words:
"Tripaneer can in no way be held liable if issues (however unlikely) arise between you and users. This includes for instance your responsibility to make sure their personal data is protected. Any quality standards imposed by us have to be complied with at all times. You have to be honest about the experience you offer: you will have to refund payment if you submit misleading information (for example, you cannot charge any additional fee before or during the experience and your accommodation should meet the specifications you submit). And finally, you cannot use our site in any inappropriate way such as making available content that infringes on the intellectual property of Tripaneer or any third parties, harm the interests of Tripaneer in any way or engage others to do so etc."
Experience Offers and Reservations
The Organizer acknowledges and accepts that the Experience Offers are automatically processed by Tripaneer and the Organizer itself is solely responsible for (the repair of) any inaccuracies and/or inconsistencies in the Experience Offers displayed in the Platform. The Organizer is fully liable for all claims from Users and/or third parties related to (Reservations made due to) an incorrect Experience Offer and shall indemnify Tripaneer from all claims in this respect.
The Organizer is not entitled to apply higher prices on the Platform than the prices listed on its own website for the same Experience Offers.
The Organizer is entitled to apply its own (booking) terms & conditions to a Reservation. However, the contents of these terms & conditions, as well as the application and enforcement thereof are the sole responsibility of the Organizer. The Organizer's terms and conditions shall not conflict with any provision of these Terms and Conditions, and the provisions of these Terms and Conditions shall prevail in case of such conflict. Tripaneer reserves its right to reject the applicability of an Organizer's terms & conditions or specific provisions thereof. In such case, Organizer shall either adjust its terms & conditions as to meet Tripaneer's requirements or remove the terms & conditions from the Platform.
In case a Reservation is made through the Platform, Tripaneer is responsible only for forwarding the relevant reservation information as submitted by the User and for sending a confirmation (email) to the User.
The Organizer acknowledges and accepts that a Reservation of the User constitutes a binding agreement between the Organizer and User. The Organizer is fully responsible for the implementation and execution of such agreement, including support services/help desk et cetera. However, the Organizer is not permitted to share its contact details with the User. Tripaneer shall never become a party to an agreement between the Organizer and User.
In providing the Platform, Tripaneer provides support to the Organizer's as well as to the Users. However, Tripaneer can never be held to provide support services to any User regarding a Reservation. If Tripaneer deems it necessary that an Organizer contacts a User regarding a Experience Offer or a Reservation, the Organizer shall immediately do so. If the Organizer's support services to Users do not meet Tripaneer's quality standards, Tripaneer is entitled to (temporarily) block or remove the Organizer's Account.
In case the User cancels a Reservation in accordance with the Organizer's terms and conditions, the Organizer shall notify Tripaneer of such cancellation as soon as possible. If the Organizer fully reimburses the User for the Reservation, the commission fee (see article 5.2) shall also be reimbursed by Tripaneer. If the Organizer does not fully refund the amount paid by the User for the Reservation, Tripaneer shall be entitled to retain the commission fee.
In case a Reservation has been cancelled and the User has paid through the Platform, the Organizer shall also process the refund through the Platform. Tripaneer is never responsible or liable in case the Organizer processes this refund directly to the User. The Organizer shall be liable for any loss of Tripaneer in the event the Organizer acts contrary to the provisions of this paragraph.
If the Organizer cancels a User's Reservation due to a cause attributable to the Organizer, the Organizer shall at all times fully refund all amounts paid by the User for the Reservation. In addition, the Organizer shall compensate the User for all other costs and damages incurred in relation to the Reservation. The Organizer is never entitled to deviate from its statutory obligations regarding liability resulting from its for non-performance vis-à-vis a User.
In case the Organizer shortens the Experience Offer for any reason, the Organizer shall offer the User at least a (partial) refund, which refund is proportional to the shortened Experience Offer.
If the Organizer has failed to deliver the package as described in the list on the Website, Organizer shall offer the User at least a (partial) refund.
In other words:
"We process the offers you place on our website automatically, which makes you responsible for the correctness of the information in the offer and liable for any claims that can arise out of incorrect information. If you wish to apply your terms and conditions to agreements with users you should upload them to your account. Any of your offers accepted by the user will result in a binding contract between you and the user, and failures could result in a refund to the user. If an offer is cancelled by a user you should notify us as soon as possible."
The use of the Platform by the Organizer is free of charge. When making a Reservation, the User shall be required to pay a deposit, which is a percentage of the total amount of the value of the Reservation. Tripaneer shall be entitled to determine a minimum amount of a deposit to be requested from a User for a specific Reservation.
Tripaneer shall reserve a commission fee for its services, which shall be a percentage of the total price due for a specific Reservation by a User. This commission fee will apply in case the first point of contact between the User and Organizer is through the Platform. The applicable commission percentage shall at all times be indicated to the Organizer before the Organizer publishes a Experience Offer. Tripaneer shall be entitled to adjust the applicable commission, which it shall at all times indicated to the Organizer in advance. The Organizer shall be entitled to remove its Experience Offers and/or its Account if it does not agree with such adjusted commission.
Upon payment of a Reservation through the Platform by a User, Tripaneer shall deduct the commission fee from this amount.
If (part of) the commission fee of Tripaneer is paid directly to the Organizer, Tripaneer reserves the right to withhold the amounts due and payable from future User payments the Organizer has through Tripaneer.
For the transfer of funds paid by Users to the Organizer's bank account, Tripaneer may incur transaction costs. Tripaneer shall be entitled to charge such costs to the Organizer in accordance with the principles agreed with Organizer in its Account.
Tripaneer may impose requirements in relation to the minimum balance which can be transferred to the Organizer's bank account per transaction, which requirements shall be set out on the Platform.
Tripaneer cannot be held to make available alternative payment methods on the Platform. Since Tripaneer is entitled to change the payment methods available on the Platform, the Organizer cannot derive any rights from the methods available at a certain moment.
Tripaneer solely enables a User to make payment for a Reservation through its Platform. Tripaneer engages a third party provider to carry out the actual payment and Tripaneer has no influence on, is not involved in and is not liable for the payment of Reservation by a User to the Organizer. If and to the extent a User fails to make payment for a Reservation (in full), resolving such issue shall be the sole responsibility of the Organizer and the User – Tripaneer shall not become a party in such dispute.
In other words:
"Use of Tripaneer, meaning creating an account and uploading experiences, is free of charge. We charge a commission fee whenever an offer is paid for. We are in no way responsible for issues arising from payment between the user to you."
No transfer of IP Rights is constituted by these Terms and Conditions. The Organizer is solely granted a license as described in Article 3.1. The IP Rights with regard to the Platform and all materials, look-and feel and other texts, images, videos and information made available thereon, including the Website but excluding the Content, are held by Tripaneer or its licensor(s).
All IP Rights in relation to the Content will remain vested in the Organizer. The Organizer acknowledges and accepts that by making the Content available, it automatically and free of charge grants Tripaneer an unlimited, worldwide, non-exclusive, sublicensable and transferable right to reproduce the uploaded Content and make the Content available on the Platform, including the right to use (parts of) the Content, the Organizer's name and/or logo for promotional purposes and other services in connection with the Platform.
The Organizer shall refrain from any act that infringes the IP Rights of Tripaneer, including – but not limited to – the registration of domain names, trademarks or Google Adwords that are identical or similar to any object to which Tripaneer holds IP Rights, as well as the reproduction, modification, reverse engineering or publishing of the Platform, including the Website, for other purposes than those listed in the Agreement or those permitted by mandatory law.
The Organizer is not permitted to remove, make illegible, hide or modify notifications or statements with regard to IP Rights.
In other words:
"We respect your intellectual property rights relating to the content you upload. We ask you to do the same relating to the materials , texts, images etc. on our website as well as our domain names, trademarks and Google AdWords registrations."
In using the Platform, the Organizer may receive personal data of Users. The processing of such personal data is the sole responsibility of the Organizer. The Organizer warrants that it shall at all times comply with laws and regulations regarding the processing of personal data. The Organizer indemnifies Tripaneer from all claims of Users and/or third parties which are in any way related to the processing of personal data by the Organizer.
In other words:
Duration and termination
The Agreement between the Organizer and Tripaneer shall commence when the Organizer creates its Account. The Organizer may, at any time terminate the Agreement, by requesting Tripaneer to remove its Account. In addition, the Organizer can at all times unpublish its Account, in which case its Account and Experience Offers shall no longer be available to the Users.
The Organizer acknowledges and accepts that the termination of the Agreement has no effect on any Reservation made by Users and that the Organizer shall remain responsible for correctly implementing such Reservation(s).
In the event of termination of the Agreement, there will be no reversal of that which Tripaneer has already delivered and/or carried out, unless the Organizer proves that Tripaneer is in default in respect of the material part of such performance.
Tripaneer is at all times entitled to restrict the use of or terminate the Organizer's Account if there are grounds to do so according to Tripaneer. Tripaneer shall not become liable to pay any compensation to the Organizer in such cases. Tripaneer shall, in particular, invoke this right if Tripaneer is of the opinion that i) the quality of the Organizer's service towards Users is substandard, ii) if Tripaneer receives notice or has knowledge that Content infringes upon or violates the IP Rights and/or any other rights of a third party, or iii) the Organizer violates any (other) provision of these Terms and Conditions.
In the event the Agreement is terminated, for whatever reason, Tripaneer remains entitled to use the Content submitted by the Organizer. Tripaneer will however, upon the first request of the Organizer, remove or (where applicable) anonymize the Content.
All clauses of these Terms and Conditions that are to their nature intended to survive termination, in particular Article 5 (Payment), 6 (IP Rights), 7 (Personal data), 9 (Liability), 11 (W&I) and 13 (Miscellaneous) shall survive such termination.
In other words:
"You can terminate our agreement at any time by requesting us to delete your profile or by unpublishing your account. Systematically rerouting users to your own website to conclude an agreement without Tripaneer's involvement may be a reason to terminate or suspend your account. Please note that some of your obligations to the users still have to be fulfilled after terminating the agreement. In case you do not live up to one or more of our terms, we are entitled to terminate or suspend your account."
Tripaneer's liability, whether based upon (attributable) default, unlawful act or any other ground, is limited (i) to direct damage only, and (ii) per calendar year to the total amounts paid for the use of the Platform in the twelve (12) preceding months of that particular calendar year. However, in no event shall Tripaneer's total, aggregate liability exceed EUR 5.000,=.
Direct damage shall solely mean:
reasonable expenses that the Organizer would have to incur to make Tripaneer's performance conform to the Terms and Conditions;
reasonable expenses incurred by you to determine the cause and scope of the damage, insofar as the determination relates to direct damage within the meaning of these Terms and Conditions; and
reasonable expenses incurred to prevent or mitigate damage, insofar as they relate to direct damage within the meaning of these Terms and Conditions.
Any liability on Tripaneer's part for damages other than direct damage, including but not limited to indirect loss, consequential loss, loss and/or damage of Content, loss of data/software, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of Tripaneer or its managers (“own actions”).
In other words:
"In the unlikely event of something going really wrong while using our services, we cannot be held liable to pay direct damages of more than the total amount of fees paid to us in the preceding 12 months. In any case the amount of damages to be paid shall not exceed EUR [….]."
Warranties and indemnifications
Except as expressly provided in these Terms and Conditions, Tripaneer makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Platform, nor the continued and correct availability of the Platform or the Content, or the constitution of any agreements. Furthermore, Tripaneer does not guarantee that the Platform shall lead to successful travel experiences or any good and/or lawful behavior by Users or any behavior according to the terms that apply between the Organizer and Users.
The Organizer is fully responsible and liable for the conclusion and performance of agreements between the Organizer and a User, including any payment obligation of a User related to any Reservation. The Organizer indemnifies Tripaneer from all claims of Users that relate to any agreement.
The Organizer is liable for and indemnifies Tripaneer from any damages and costs which Tripaneer suffers or makes as a result of (i) an attributable breach by the Organizer of the Agreement or any other agreement between the Organizer and Tripaneer, such as these Terms and Conditions, (ii) an (alleged) infringement of IP Rights or any other rights by the Organizer, including the rights of Users with respect to privacy, (iii) any use the Organizer makes of the Platform or (iv) an unlawful act. All costs and damages that in any way relate to such a claim will be reimbursed by the Organizer.
The Organizer warrants that:
it has the full legal power and authority to enter into the Agreement and shall use the Platform under the conditions as set out in these Terms and Conditions;
it has the full legal power and authority make the Content available through the Platform and provide the license as mentioned in Article 3.1;
the Content is correct, complete, unencumbered and not limited or restricted by any third parties' rights, including IP Rights;
the Content is not infringing upon any third parties' rights, including IP Rights, and that the use of the Content is not in any other way unlawful towards third parties;
the Experience Offer complies with all laws and regulations and gives a correct representation of the actual trip offered by the Organizer;
it shall at all times comply with these Terms and Conditions.
In other words:
"Even though we make sure your experience using our services is as good as possible, the use of our platform is for your own risk and responsibility. You are fully responsible and liable for the conclusion and performance of your offers and agreements. You shall compensate us for any damage we suffer attributable to any kind of breach on your part."
Tripaneer is not responsible for any content made available on the Platform. Tripaneer will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
Tripaneer has established a procedure, by which any alleged unlawful content available on the Platform can be reported to Tripaneer. This can be done by flagging the specific content as unlawful, whereupon Tripaneer shall receive a notification.
Tripaneer reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests. In such a situation Tripaneer can request a court order from a competent court in The Netherlands to determine whether the material or the activity is unlawful and should be removed.
Tripaneer will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.
The person that has reported unlawful content indemnifies Tripaneer from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs Tripaneer suffers, could suffer or which Tripaneer incur in relation to such a claim, including but not limited to the compensation of legal assistance.
Tripaneer respects and protects the privacy of those who report (alleged) unlawful content. All personal data Tripaneer receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.
In other words:
"In case someone uploads content that harms your (privacy) rights or the rights of others, you or a user can notify us of this content and we may remove or block access to that content."
Tripaneer may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this. The Organizer is not permitted to transfer any right derived from an Account to third parties without Tripaneer's prior written consent.
If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
These Terms and Conditions and the use of the Platform are governed by Dutch law.
Any and all disputes arising from or related to any agreement between Parties will be brought before the competent court in Amsterdam.
In other words:
"We are bound by Dutch law and therefore any issues that may arise will be brought before the court of Amsterdam."
In these Terms and Conditions, the following terms, indicated with a capital, whether single or plural, will have the following meaning:
as a result of the registration process, the personal, secure environment of the Organizer, accessible through the Website after entering Login Details, which can be published/unpublished by the Organizer and through which environment the Organizer can make available its Experience Offers to Users;
the agreement between the Organizer and Tripaneer, on the basis of which the Organizer can use the Platform and to which these Terms and Conditions apply;
all information made available by an Organizer on the Platform, including its Account, Experience Offers, business details, comments, look and feel and other information;
all intellectual property rights and associated rights, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow;
the combination of the username and password generated when entering into the Agreement, with which the Organizer can access its Account;
the binding agreement between an Organizer and a User regarding the purchase of one or more Experience Offers, which comes in effect after the acceptance of an Experience Offer by a User, subject to the Organizer's terms and conditions;
the party that wishes to offer its Experience Offers to Users and has, to that end, entered into an Agreement, created an Account and has accepted these Terms and Conditions;
the Organizer and/or Tripaneer;
Tripaneer's travel experience platform, where the Organizer can create an Account and make available its Experience Offer to Users, whereupon Users can make Reservations with regard to specific Experience Offers;
the limited liability company Tripaneer B.V., incorporated under the laws of the Netherlands, having its statutory seat in Amsterdam and its office at (1017 AZ) Singel 542, Amsterdam, the Netherlands;
Terms & Conditions
these terms and conditions of Tripaneer;
the individual that makes use of the Platform and is able to, among other things, view the Organizer's Experience Offers and make Reservations;
a specific vacation, holiday or trip published on the Platform as an offer, which vacation, holiday or trip can be bought by a User by making a Reservation;
all websites related to Tripaneer including all underlying web pages.
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