You And Tripaneer, From A Legal Point Of View

About BookMeditationRetreats and Tripaneer

BookMeditationRetreats 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. These different websites have in common that they can be used to find, compare, and book travel experiences anywhere in the world.

Support

We would like to make your experience of the use of our platform as positive as possible. In case you experience any problems when using our platform, please let us know. We are always happy to support you. Please note that this support is never a legal obligation and that we do not take on more obligations than provided in these terms of use.

Terms of Use

These terms of use – that may be amended from time to time – apply to all our services that are provided to you online directly or indirectly. By browsing our website, making use of our website and/or making a reservation through our platform you acknowledge and agree that you have read the below terms of use and you agree to these terms of use. We advise you to carefully read the terms of use, so you fully understand the rights and obligations you have in relation to your use of the platform. You can access the terms of use through this hyperlink [Terms and Conditions].

The annotation on the right contains a short explanation but is not legally binding.

  1. General

    1. These terms of use ("Terms of Use") apply to every use made of the platform. On the platform, as developed by Tripaneer, you can find, compare and book travel experiences anywhere in the world ("Platform").
    2. If you keep using the Platform after the Terms of Use have been amended/supplemented, you unconditionally agree to the amended/supplemented Terms of Use. If you do not wish to accept the amendments and/or supplements, your only remedy is to cease using the Platform.
    3. To the best of its ability, Tripaneer will make efforts to provide the Platform with due care. You accept that the Platform, only contains the functionalities and other characteristics as it contains at the moment of your use ("as is" and "as available"). Each and every use of the Platform is for your own risk and responsibility.
    4. Tripaneer is at all times, without in any way becoming liable to you, entitled to make procedural and technical alterations and/or improvements to the Platform.

    In other words: "Sometimes it is necessary for us to make changes or improvements to our service or to our terms of use. However, we will do everything in our power to make sure your use of the platform goes as smoothly as possible. Please be aware that your use of our platform is for your own risk and responsibility."

  2. Use of the Platform

    1. In using the Platform, you can view all offers published by organizers ("Organizers") (which offers are referred to as "Experience Offers"), submit requests ("Requests") with the Organizers, make a reservation ("Reservation") for such Experience Offers and write reviews. A Reservation placed through the Platform forms a binding agreement between you and the Organizer if the Organizer accepts your Reservation. Requests, however, are non-binding. If you have any questions, complaints or remarks about an Organizer, an Experience Offer, a Reservation or a Request, you can contact Tripaneer through the Platform.
    2. The Experience Offers are subject to the Organizer’s terms and conditions, as well as all agreements between you and the Organizer. Tripaneer shall never become a party to an agreement between an Organizer and you. We advise you to carefully read the Organizer’s terms and conditions, since they may entail legal obligations and it is your responsibility to adhere to such obligations. Tripaneer accepts no responsibility whatsoever for any decisions made by you based on the content of Tripaneer and/or the Organizers on the Platform, unless stated otherwise in these Terms of Use.
    3. You and the Organizer are solely responsible for the correct performance and execution of a Reservation, which – from your side – includes the correct provision of the required information in making a Reservation. To view, change or cancel your Reservation, please refer to your conformation email, where you will find all relevant instructions.
    4. You are solely responsible and liable for the content you submit, which includes the reviews you write. Since you are able to upload content to the Platform without restriction, you warrant that this content is lawful and does not infringe upon any party’s intellectual property rights, privacy rights or any other rights and you indemnify Tripaneer from any third party’s claim in this respect. You also warrant that you do not submit content which involves any illegal activities or activities that are contrary to morality or public order, which includes, but is not limited to content that relates to hate speech, is intended to promote or sell drugs or firearms, is violent in any way or qualifies as or transmits unwanted or unsolicited material or content (spam). We do not warrant that your content will be correctly, completely and/or continuously available on the Platform.
    5. Finally, when using our Platform you shall adhere to the following rules. You may not:
      1. use the Platform with a device that contains viruses, Trojan horses, worms, bots or other malicious software that can alter, damage, disable, infect or delete the Platform or make it unavailable or inaccessible;
      2. deliberately involve manual or automated software, devices, or other processes to "crawl", "spider" or scrape any content on the Platform;
      3. reproduce or decompile the Platform or to apply reverse engineering to it, unless permitted by mandatory law;
      4. remove and/or to circumvent security measures or technical limitations (including limitations to the use) of the Platform.

    In other words: "After you’ve chosen a trip, made a reservation for this trip and entered all of your correct personal data, you will engage in a contract with the actual organizer of the trip. Tripaneer can in no way be held responsible if issues (however unlikely) arise between you and the trip organizer, but we will help you in resolving the issue. Also, you cannot use our platform in any inappropriate way, so no spreading viruses, hacking or spamming etc."

  3. Prices and payment

    1. Your use of the Platform is free of charge. Organizers charge their own fees for the Experience Offers. Please be aware that you might owe the Organizer (part of) the fee in case you make a Reservation. We have no influence on, are not involved in and are not liable for your payment of Reservations.
    2. When using the Platform, you will be able to convert the prices of Experience Offers to the available currencies. Such converted prices are indicative. At the moment of payment, the price of the Experience Offer will be converted in real-time to the currency as specified by the Organizer. This amount may differ from the amount displayed at an earlier moment. The price displayed after such real-time conversion will be the amount you are due for the relevant Reservation.
    3. Since the Organizers are responsible for the payments terms, you cannot derive any rights from the currencies or payment methods available at a certain moment. Furthermore, Tripaneer is not responsible for and has no influence on the applicable payment terms.

    In other words: "The use of our platform is free of charge. Please be aware that specific payment terms of the organizers apply to payment of the trips."

  4. IP Rights

    1. All intellectual property rights relating to the Platform, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow ("IP Rights"), are owned by Tripaneer, its licensors or our Organizers. Nothing in these Terms of Use constitutes the transfer of any IP Rights from Tripaneer to you. You are solely granted a right to use the Platform if you act in accordance with the Terms of Use.
    2. By uploading reviews and other content, you grant Tripaneer a royalty-free, worldwide, non-exclusive, sublicensable and transferable right to reproduce this content and make it available on the Platform, including the right to use (parts of) this content, for promotional purposes and other services in connection with the Platform.
    3. You represent and warrant that you have all rights to grant the licenses as laid down in Article 4.2 of these Terms of Use, without infringing or violating any third party rights, including but not limited to, any privacy rights, publicity rights, IP Rights or any other proprietary rights. You indemnify Tripaneer against any and all third party claims, based upon any alleged infringement of such third party rights in relation to the content you submitted.

    In other words: "Please respect our intellectual property rights and the rights of the trip organizers. We do the same with the content you upload; your content will preserve whatever copyright and other IP rights it had when uploading to our platform. "

  5. Privacy

    1. In order to make use of the Platform it is required that you provide Tripaneer with personal information such as your name and e-mail address. The provision of this information is subject to legislation in respect of privacy, such as the Dutch Personal Data Protection Act ("Wet bescherming persoonsgegevens"). Tripaneer only uses your personal data in accordance with the Privacy Policy.
    2. In order to submit a Request or make a Reservation, you may be required to provide personal data to an Organizer. The Organizer is responsible for the processing of such data and shall do so in accordance with its own privacy statement. We shall not be liable for any damages incurred by you due to the processing of your personal data by an Organizer.

    In other words: "We take your privacy very seriously. We only gather (personal) data for the purpose of providing you the service you need. We take appropriate measures to safeguard your personal data. After making a reservation the trip organizer is responsible for handling of your personal information.

  6. Liability

    1. Tripaneer’s liability, whether based upon (attributable) default, unlawful act or any other ground, is limited to direct damages only and shall not exceed the amount of EUR 250 in a contracting year per event (a sequence of events will be regarded as one event).
    2. Direct damage shall solely mean:
      1. Damage to property;
      2. Reasonable expenses incurred to prevent or limit direct damages that could be expected from the event on which is the liability is based, and
      3. reasonable costs incurred in determining the cause of the damage.
    3. 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 data or content, 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.
    4. 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 damages of over EUR 250, except in the unthinkable event of us causing a problem intentionally or acted recklessly."

  7. Warranties and indemnifications

    1. Except as expressly provided in these Terms of Use, 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. Furthermore, Tripaneer does not guarantee that the Platform shall lead to a successful travel experience or to the achievement of any skills, levels and/or experiences related to a particular travel experience.
    2. The conclusion and performance of Reservations, including any payment obligation resulting therefrom, as well as the cancellation of Reservations is the sole responsibility of you and an Organizer. You indemnify Tripaneer from all claims submitted by an Organizer or a third party that relates to Reservations made by you with that specific Organizer, as well as to the payment of such Reservations. However, Tripaneer will provide assistance to you to the best of its abilities in case any issues arise between you and an Organizer in order to resolve those issues.
    3. Notwithstanding the abovementioned, Tripaneer guarantees that you get a refund of what you have paid i) when you cancel your Reservation in conformity with the Organizer’s terms and conditions regarding cancellation, and ii) when your stay is in fact shorter than what was offered by the Organizer in the Experience Offer.
    4. You guarantee that you will not use the Platform in a way that:
      1. infringes the rights of Tripaneer or third parties such as other users or Organizers, including but not limited to IP Rights or rights in relation to the protection of privacy;
      2. is contrary to any current legislation or regulations; or
      3. is contrary to any provision in these Terms of Use.

    In other words: "Even though the Organizers have their own terms and conditions, we are there to help you in case any issues arise, in particular if an Organizer does not stick to his own cancellation policy or if the duration of your stay is different than what the Organizer promised. We will only provide this assistance to you if you act in conformity with these terms and do not harm the rights of us and others."

  8. Unlawful Content

    1. Tripaneer is not responsible for any content made available on the Platform. Tripaneer is only, under the conditions as set out in this provision, obliged to remove or block access to content, such as reviews, that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated. We have established a procedure, by which any alleged unlawful content available on the Website can be reported. Please notify us by emailing us at [insert email] with the subject heading "Objectionable Content". On receipt of your complaint we may remove or block access to the content complained of.
    2. We reserve the right to refrain from removing or blocking access to reported content in case we have reasonable grounds to doubt the accuracy of the notification or after a balance of interests. In such a situation we can request a court order from a competent court in The Netherlands to determine whether the content or the activity is unlawful and should be removed.
    3. We 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. If you have reported unlawful content, you indemnify Tripaneer from all claims of third parties in relation to the blocking or removal of that content, including from all damages and (legal) costs Tripaneer has incurred.
    4. We respect and protect the privacy of those who report (alleged) unlawful content. All personal data we receive 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 can notify us of this content and we may remove or block access to that content."

  9. Applicable law and compentent court

    1. The Terms of Use and the use of the Platform are governed by Dutch law. Any and all disputes arising from or related 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."

Last modified: 11 January 2017