Правила и условия
Terms and Conditions
In these Terms and Conditions for TravelHub (“TravelHub”, “Website”, "our", "us" or "we"), the terms "you" and "your" refer to the Travel Business (i.e. a travel company like travel agents, tour operators, wholesalers providing services to customers) that wishes to purchase a Tour Package on our website for onward sale to the customer ("Customer”).
By accessing our online booking system you agree that you:
- understand these Terms and Conditions;
- agree to be bound by these Terms and Condition, in relation to your access to the TravelHub system and our website;
- have the authority, as your representative, to enter into these Terms and Conditions and bind your company to them;
- agree to waive any rights to challenge the validity or enforceability of these Terms and Conditions on the grounds the agreement created by acceptance of these Terms and Conditions was made electronically.
1. Scope of Services
i. These Terms and Conditions refer to all bookings made and/or services provided through our online booking system. By accessing and completing a booking through our system you acknowledge you've understood and agree to comply with the Terms and Conditions and all applicable laws and regulations governing TravelHub's online booking system, website and services.
ii. To gain access to our online booking system, you confirm you are a bona fide Travel Business. Only bona fides are able to obtain logins, passwords and company access codes to enter our online booking system. If you cease to be bona fide, you must notify us immediately. If you provide TravelHub with false information, or you defraud or attempt to defraud TravelHub, you will lose all privileges.
iii. We only transact with travel companies and make no direct contact with Customers.
iv. You acknowledge we pre-negotiate prices with suppliers of Tour Packages to facilitate the purchase of products and services on your behalf. The price displayed on the Website is a combination of the pre-negotiated price for what you purchase, and a retained fee to compensate us for our services.
2. Independent Contractor
Nothing in these Terms and Conditions will be construed as implying or establishing a partnership, agency, or joint venture relationship between the parties or authorising one of the parties to commit or bind any others in whatever way without obtaining the other party's prior written consent.
3. Payment Terms
i. By accessing our online booking system you agree to comply with our Terms and Conditions and will be designated as a "Prepay Customer".
ii. Once a booking is made, we must receive your payment prior to the cancellation deadline ("Cancellation Deadline"). If full payment is not received prior to the Cancellation Deadline, the booking will be cancelled automatically.
iii. All rates quoted are commissionable and include service charges, but inclusive of taxes (unless stated otherwise in the booking details).
iv. Prices are quoted in the currency selected at the time of booking and invoices must be paid in the same currency.
v. Details of bookings made with payments pending may be viewed online.
vi. The payment should be made using the following bank details:
"Optima Bank" JSC Branch No.1 in Bishkek
Bank account 1090820286720285
Enterprise Identification Code (OKPO) 28978471
Taxpayer ID 02711201410287
vii. You will be provided with an individual login ID, password, unique company code and white labelling tools to customize your website logo and banner. The "Supervisor" will be designated by the You.
viii. The Supervisor will have access to your company's user management module to create, edit or suspend additional internal users of the You; determine individual user rights and decide the commission; manage information about the You and tour packages. You will be liable for any bookings, amendments, cancellations, or actions of any kind and/or any breach of TravelHub terms and conditions.
ix. The Supervisor can generate a Cancellation Deadline report, in addition to the payment reminders automatically sent.
4. Cancellations and Amendments
i. Amendments need to be done through new bookings.
ii. A fee will apply for all bookings cancelled after the Cancellation Deadline up to the check-in date.
iii. Bookings may be amended or cancelled after the Cancellation Deadline if the Tour Package is available and booking conditions allow.
iv. If a booking is cancelled or amended after the Cancellation Deadline, the additional booking charge will be displayed on the screen prior to booking acceptance. On acceptance, the booking will be cancelled or amended and an invoice will automatically be generated for the additional charges. The cancellation charge will be deducted from the payment made on booking and the remaining balance will be available for future bookings.
v. Bookings may not be cancelled or amended after the date the Customer is intended to check in or utilise the Tour Package. Any such requests must be directly referred to our Bookings Department in writing and will incur additional charges.
vi. No Shows (i.e. Customers who have made a booking but fail to utilise the Tour Package(s) will be charged 100% of the cost of the Tour Package(s)).
5. Booking Procedures
i. The Tour Package available in the system can be booked online.
ii. If individual tour is requested the system will automatically redirect the request to the right suppliers.
iii. Tour booking has several stages: Confirmed, Paid, Non-paid, Refused, Accomplished.
iv. The Best Available Prices will be displayed on the system's first page. Best Available Prices refer to the pre-discounted, or lowest price for Tour Package, special promotional prices offered to the general public by the supplier.
v. The number of persons in a booking must be specified, regardless of whether children or adults. When booking children, ages must be specified. Booking details will indicate whether breakfast for children is included in the price, especially if child is sharing the room cost free.
vi. You will provide booking confirmation for Tour Package within 24 hours. The booking is instantaneously sent to the supplier to review and make sure information provided is correct. Once reviewed, the confirmation will be sent to the Travel Agent and invoice will appear in the system automatically.
6. Bookings of Individual Tour
i. Individual Tour bookings are those that cannot be confirmed at the time of booking and will require the supplier's additional price quotation and Tour Package details. The booking will automatically be sent to the suppliers who may accept or deny the request, or offer a different type of Tour Package.
ii. When bookings are specified and confirmed from the supplier, you must accept and pay the confirmed services prior to the Cancellation Deadline or the booking will be automatically cancelled.
7. Accommodation Services
i. Accommodation services are classified as: five, four, three and two star hotels, guest house and serviced apartments. Classifications are provided by the Tour Operator. While we endeavour to use reasonable care to validate information provided, by agreeing these Terms and Conditions, you accept we cannot be held responsible for inaccurate information provided by the Tour Package supplier, including but not restricted to images, descriptions, amenities and facilities.
ii. Extra beds for adults and children may also be requested.
iv. In the event a booking requires additional meals, the meal types available and the number of meals may be booked at the time the reservation is made. Rates are quoted per meal, per person, net non-commissionable and may include applicable taxes and service charges.
8. Additional services
i. You can choose additional services to the Tour Package on behalf and by request of Customers if available and provided by the supplier.
ii. The system will automatically apply additional costs to the total payment amount.
i. Refund requests must be in writing and received within 30 days from the Tour Package's intended commencement date to be processed.
ii. Refund requests will only be processed once it's confirmed the intended Tour Packages have not been utilized and the refund request complies with the booking's terms and conditions. You understand that any refund request that doesn't fall under the booking's terms and conditions will be denied.
iii. Refund requests require a minimum of 21 days for processing. No claims will be reviewed once a refund is processed.
i. Any descriptions of Tour Packages contained on our website are provided by the Tour Package supplier. We in turn pass these descriptions onto you in good faith. We endeavour to use reasonable care to verify descriptions, but we cannot check or inspect all facilities or services offered in the Tour Packages. You understand we don't accept any liability for any descriptions' accuracy, nor do we accept liability for loss, damage or claim incurred by you and/or your Customer in relying on these descriptions.
11. Onward Sales
i. Our contract for the sale of Tour Packages is solely with you. We don't contract for the forward sale of Tour Packages to Customers, directly or indirectly. Customers purchasing Tour Packages contract directly with you.
ii. TravelHub doesn't accept liability for loss, damage, legal proceeding, or any other claim or wrongdoing that may arise as a result of your onward sale to Customers. By using our services, you confirm we cannot be held liable for any disputes between You and Customers arising from the onward sale of Tour Packages.
12. Indemnity and Liability
i. You agree to indemnify us from any loss or liability, including legal expenses, arising out of any claims, demands, debts, damages, losses, actions, suits, expenses or costs.
ii. In addition, you accept that we are not liable to indemnify or defend you against any claims, damages, consequential damages, negligence, failing, fault or omission on the part of any Tour Package provider, owner or controller of any Tour Package and/or any third party.
13. Force Majeure
i. Where any Force Majeure renders impossible, hinders or delays the performance of any obligation or the exercise of any right under these Terms and Condition, then the failure or omission of TravelHub or you to perform such obligations will not be seen as a failure or omission to comply with these Terms and Conditions.
ii. Force Majeure will be defined as events occurring outside the reasonable control of TravelHub or you, including but not restricted to, acts or forces of nature, volcanic activity, landslide, lightning, earthquake, flood, fire, explosion, major storm or major storm warning, act of war or public enemy, strike (excluding lockouts, strikes or other disputes or actions of an industrial nature solely among your employees) act or omission of sovereign states or those purporting to represent sovereign states, blockade, quarantine, embargo, public disorder, accident, sabotage, or similar events beyond the your or our control.
i. You will hold in confidence and refrain from divulging and cause your employees to hold in confidence and refrain from disclosing any Confidential Information, including net prices and commission rates, which you and your employees, agents and subcontractors may acquire during the course of using our online booking system to any third party or Customer. "Confidential Information" means all business, financial or Intellectual Property and related information about TravelHub which comes to be known to you during the term of this agreement. It will include among other things information about staff, their personal contact information, businesses, methods, future plans, policies, and details of suppliers and customers.
ii. If you are forced to disclose Confidential Information to anyone other than those mentioned or to the general public for reasons beyond your control, you'll immediately notify TravelHub.
iii. Any information will cease to be Confidential Information if it is required to be given to any government or local authority under the prevailing law, rules or regulations or which becomes public by any source other than the parties or their members and /or employees.
Iv. Information and documents received from you about Customers intended for the preparations for the Tour is Confidential Information and should be used only for the Tour arrangements.
v. The Parties agree this provision will survive termination of these Terms and Conditions.
15. Intellectual Property Rights
I. TravelHub is owner and licensed user of Intellectual Property and published material on its online system and website. These are protected by copyright around the world. All rights are reserved.
ii. "Intellectual Property" refers to all intellectual property, whether or not registered or registrable in any country, including intellectual property of any kind emerging after today; including, among others, patents, trademarks, unregistered marks, designs, software, domain names, creations and inventions, so far as they are applicable to each party's products and/or services.
iii. You will indemnify and keep indemnified TravelHub against any claims, costs, demands, actions or proceedings incurred by or made against TravelHub as a result of your use of TravelHub Intellectual Property not in accordance with these Terms and Conditions.
16. Term and Termination
i. These Terms and Conditions will remain in effect until TravelHub or you provide 30 days advance written notice of termination.
ii. TravelHub has the right to immediately terminate this agreement upon your breach of these Terms and Conditions, including but not restricted to: you committing a material breach incapable of remedy or you fail to commence taking action in good faith to remedy within seven days of a written request by us; you are declared bankrupt or a liquidator/administrator is appointed over your assets; or you commit an action which causes harm to TravelHub's reputation and/or status.
iii. Upon termination, you will stop using TravelHub information and data. You will also destroy and provide evidence of such destruction, or return all Confidential Information to TravelHub within 30 days. Destruction or return of information will be at TravelHub's sole discretion.
i. You will take all reasonable precautions to prevent any abuse of the TravelHub booking system.
ii. Abuse of the online booking system includes but is not restricted to: speculative booking, booking of a Tour Package in anticipation of demand, improper record or access, training third parties on the use of the TravelHub online booking system. Any breach of your obligations pursuant to this provision will be considered a material breach of our Terms and Conditions and will provide TravelHub with the right to deny you access to our online reservation system immediately, without giving notice and without any liability to TravelHub whatsoever.
i. Bookings and/or uses of services will comply with local, national or international legal provisions.
ii. We reserve the right to amend these Terms and Conditions when necessary. It is your responsibility to be aware, remain current and comply with our Terms and Conditions.
iii. Without prejudice to any TravelHub rights, we reserve the right to deny access to our online booking service, cancel bookings, or terminate this agreement wherever and whenever we believe there has been breach by you of our Terms and Conditions.
iv. You agree to comply with all TravelHub's terms and conditions and legal statements.
v. If any obligation in these Terms and Conditions is held to be invalid, void it will be seen as reduced or changed or unenforceable, it will be seen as reduced or changed to the status that is minimally necessary in order to get it within that jurisdiction's laws. To stop it being void it will be considered binding in its new form. Each provision will be taken to be severable and as such will not have any effect on any other of these terms.
vi. The waiver, in one instance, of any act, condition or requirement stipulated in these Terms and Conditions will not constitute a continuing waiver or a waiver of the same act, condition or requirement in other instances, unless specifically so stated.
vii. All references to time will be based on the Gregorian calendar.
viii. The Terms and Conditions headings are for reference only and aren't to be construed as part of the understanding between you and TravelHub.
ix. Rights to use our online booking system and/or services cannot be assigned. For purposes of these Terms and Conditions, mergers, consolidations, corporate reorganisation, transfers or sales of controlling interests or a substantial or partial sale of assets won't be regarded as an assignment.
x. These Terms and Conditions may be executed in two or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same Terms and Conditions. The counterparts of these Terms and Conditions may be executed and delivered by facsimile or other electronic signature by TravelHub to you and by you to TraveHub. The receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received.
xi. These Terms and Conditions have been drafted, and will be construed, in the English language. Any translation of the Terms and Conditions prepared by either party is for convenience only. If there is any contradiction then the English version will prevail.
xii. Any provision of these Terms and Conditions which impose an obligation after termination or expiration of the Terms and Conditions will survive.
19. Law and Jurisdiction
i. Any claim arising from or related to, these Terms and Conditions, our online booking system, website or any other claim and/or disputes related to our terms and conditions, services, online booking system or website will be settled exclusively by arbitration, in the English language, at the Arbitrage Court of the Kyrgyz Republic. TravelHub has the right to bring proceedings against you for breach of our services, obligations, Terms and Conditions, or any related claim in your country of residence or any other relevant country.
ii. These Terms and Conditions and any claim or disputes arising out of or in connection with them, or their subject matter or formation (including non-contractual disputes or claims) will adhere to and be construed in accordance with the Kyrgyz Republic's laws.