User agreement of Tripinsta.com (hereinafter referred to as TRIPINSTA)
Effective January 1st, 2014, the TRIPINSTA website(s) are offered to you on the condition that you accept without modification the terms, conditions, and notices contained herein. Your use of the TRIPINSTA website constitutes your agreement to all such terms, conditions, and notices. If you do not agree with any part of the terms, conditions and notices mentioned below, you must not use the services of TRIPINSTA.
Additionally, the TRIPINSTA website may contain terms pertaining to particular features or offers (for example, hotels, packages etc.) In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within TRIPINSTA website, then these terms shall prevail.
In this document, terms that commence with a capital letter are defined in this Section or in the preamble.
"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site.
"Content" also includes Marks and Products and Services.
"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
"Member" means an individual who has registered with the Site. Members choose a Member ID and a password.
"Member ID" means the e-mail address you use (with your password) to login to our Site.
"TRIPINSTA" or "we" means TRIPINSTA and its subsidiaries and affiliates.
"Products and Services" means the hotel accommodation, car rental, ground transportation, tours, and other items available through the Site.
"Provider" means TRIPINSTA's licensors, suppliers, information providers, and travel and leisure service providers.
"Purchase" means to book, reserve, or purchase.
The terms "Site", "Marks", "Content" and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and that are available through a link from the Site. Their use is subjected to the terms set forth by their respective owners or operations, on the third party's website.
"Site" means the TRIPINSTA website, and their respective subsites, together with the respective Content, Marks, Products and Services available from these sites and subsites.
While registering for Tripinsta.com, the user will choose a password and will be responsible for maintaining the confidentiality of the password and account. The user will be fully responsible for all activities that will occur while using their password or account. It is the duty of the user to notify TRIPINSTA immediately of any unauthorized use of their password or account or any other breach of security. TRIPINSTA will not be liable for any loss that may be incurred by the user as a result of unauthorized use of their password or account, either with or without their knowledge.
The TRIPINSTA websites may contain services such as email, information related to various tourist spots, personal web pages, and/or other messages. You agree to use the services only to post, send and receive messages and material that are proper and related to the particular service. By way of example, and not as a limitation, you agree that when using a service, you will not:
Minors (as defined under the laws of jurisdiction or residence) are not eligible to register for use, or purchase products and services available on TRIPINSTA. We do not knowingly collect personal information from any minor and would not use it if it is discovered that it has been provided by a minor.
TRIPINSTA has no obligation to monitor the services. However, TRIPINSTA reserves the right to review materials posted and to remove any materials in its sole discretion. TRIPINSTA reserves the right to terminate the user's access to any or all of the services at any time without notice or any reason whatsoever.
TRIPINSTA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TRIPINSTA's sole discretion.
TRIPINSTA does not control or endorse the content, messages or information found in any service and, therefore, specifically disclaims any liability or responsibility whatsoever with regard to the services and any actions resulting from the users participation in any service.
Materials uploaded to a service may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for keeping himself/herself updated of and adhering to such limitations if they download the materials.
TRIPINSTA also reserves the right, in its sole discretion, to terminate the access to any or all TRIPINSTA websites and related services or any portion thereof at any time, without notice.
We will use our reasonable commercial efforts to keep our Site available on a 24 hours/7days-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption or downtime.
Although TRIPINSTA makes every effort to ensure that the description and content on each page of the site is correct, it does not, however, take responsibility for changes that occur due to human, data entry errors or for any loss or damages suffered by any user due to any information contained herein. Also, TRIPINSTA does not own any Hotel or have control over other suppliers and cannot therefore control or prevent changes in the published descriptions. TRIPINSTA, therefore, reserves the right to make such changes and in the event of you placing an order with us or choosing to avail of our services, the same will be communicated to you before the confirmation invoice is made.
You should not take any action based on information on this Site until you have received a confirmation of your transaction. We send confirmations within 24 hours of your Purchase. If you have not received a confirmation of your purchase via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our customer service department. The Contact Information is provided on our customer service page.
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
Although most travel, including travel to international destinations is completed without incident, travel to certain destinations may involve greater risks than others. We urge you to review and evaluate travel prohibitions, warning, announcements, and advisories issued by the government and the aviation administration before booking travel to international destinations.
By offering for sale travel to a particular international destination, TRIPINSTA does not represent or warrant that travel to such a point is advisable or without risk. TRIPINSTA does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.
The TRIPINSTA websites may contain links to other websites. The linked sites are not under the control of TRIPINSTA and hence, TRIPINSTA is not responsible for the content of any linked site, or any changes and updates to a linked site. TRIPINSTA is providing these links to you only as a convenience, and the inclusion of any link does not entail endorsement by us of the site or any association with its operators
We welcome links from a third party site to the home page of our Site, through a plain text link, provided that
You give TRIPINSTA prior written notice of such link by contacting TRIPINSTA Customer Service, to request TRIPINSTA's permission to establish the link.
You discontinue providing a link to our Site if so requested by TRIPINSTA.
You do not imply in any fashion that TRIPINSTA is endorsing any of your products or service or is affiliated with you.
You do not present TRIPINSTA in a false light, or provide misleading or false information about TRIPINSTA, or its Site or Services.
You do not remove or obscure the copyright notices, or other notices on this Site.
You do not use any Mark of TRIPINSTA; and
You do not replicate, frame or mirror the content of the Site.
We reserve the right to require you to remove links to the Site, in our sole discretion.
Linking to any page of the Site other than to the homepage is strictly prohibited in the absence of a separate linking agreement with TRIPINSTA.
Since TRIPINSTA acts only as a booking agent, it accepts no liability whatsoever for any part of the arrangements between the supplier and the customer with regard to the standard of service. In no circumstances shall TRIPINSTA be liable for the services provided by the supplier/third party.
This Site is the sole and exclusive property of TRIPINSTA or its licensors. TRIPINSTA and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
TRIPINSTA and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of TRIPINSTA and its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from TRIPINSTA or the relevant Provider, except as an integral part of any authorized copy of the Content.
Any communication or material you transmit to TRIPINSTA, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communication or Material, you grant TRIPINSTA, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communication or Material posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.
TRIPINSTA reserves the right to charge transaction fees based on certain completed transactions using its services. The user shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services. TRIPINSTA further reserves the right to alter any and all fees from time to time, without notice.
TRIPINSTA and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as is" basis. TRIPINSTA and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that TRIPINSTA is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.
OTHER THAN THOSE WARRANTIES, WHICH UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, TRIPINSTA AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of TRIPINSTA. IN NO EVENT WILL TRIPINSTA OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY PROVIDER, OR (IV) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF TRIPINSTA AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
The user agrees to indemnify, defend and hold harmless TRIPINSTA and/or its affiliates, partner websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by TRIPINSTA and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you select to deal.
Hotel check-in and check-out is as per hotel policy and any special request for early check-in or late check-out is subjected to approval by the hotel authority.
Granting of special requests for additional services is not guaranteed and is subjected to the availability of the same and individual hotel policy.
All reservations come with a cancellation policy. Users are required to go through it thoroughly before making a reservation on our site. Cancellations done prior to the cancellation deadlines are subjected to refunds as per policy with a deduction of 5% for Amex & JCB Cards and 4% for all other cards as processing fee. A minimum of 21 working days is required for the processing of refunds.
If a reservation is not cancelled before the deadline applicable to the hotel reserved, the user would be charged as per the cancellation policy.
If any dispute arises between you and TRIPINSTA during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole arbitrator who is an independent and neutral third party identified by TRIPINSTA. The place of arbitration shall be in Hong Kong. The arbitration proceedings shall be in the English language. The Terms and Conditions shall be governed and construed in accordance with the laws of Hong Kong SAR.
TRIPINSTA is not responsible for any error, omission or description on any of its pages or on any link or on any of the linked website pages. The users are requested to verify the accuracy of all information before undertaking any reliance on such information.
The linked sites are not under the control of TRIPINSTA and TRIPINSTA is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. TRIPINSTA is providing these links to the users only as a convenience, and the inclusion of any link does not imply endorsement of the site by TRIPINSTA.
In case of any dispute between user and TRIPINSTA pertaining to the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by TRIPINSTA. The place of arbitration shall be Hong Kong and the arbitration proceedings shall be in the English language. The Terms and Conditions shall be governed and construed in accordance with the laws of Hong Kong SAR.
If the user does not agree with any of the disclaimers above, they are advised not to read the material on any of the TRIPINSTA pages or otherwise use any of the contents, pages, information or any other material contained on the TRIPINSTA websites. The user expressly agrees that use of the services is at their sole risk. The services are provided on an "as is" and "as available" basis. TRIPINSTA holds the sole discretion to change the features or functionality of the services at any time.
The information, software, products, and services included in or available through the TRIPINSTA websites may include inaccuracies or typographical errors. Changes are/may be periodically made/added to the information herein. TRIPINSTA may make improvements and/or changes in the TRIPINSTA websites at any time without any notice to the user. Any advice received except through an authorized representative of TRIPINSTA via the TRIPINSTA websites should not be relied upon for any assessments.
Hotel Ratings Displayed on this Website are intended as only General guidelines, and the TRIPINSTA websites do not guarantee the accuracy of the ratings. The TRIPINSTA websites and their respective suppliers make no guarantees about the availability of specific products and services. The TRIPINSTA websites and their respective suppliers may make improvements and/or changes on this website at any time.
The maximum liability on part of TRIPINSTA arising under any circumstances, with respect to any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or other charges, as may be applicable. In no case shall the liability include any consequential loss, damage or additional expense whatsoever.
The Additional Features and Tools given on this website are in various stages of Beta Testing. The Users should use all such tools such as the Travel Organizer, Travel Check List Manager, Video Channel, Emergency Number Tool, Currency Converter, etc… on their own discretion and at their own risk. TRIPINSTA shall not be liable for any damage or harm consequential to the use of such tools/features by the user.
In no event shall TRIPINSTA and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the TRIPINSTA website(s). Neither shall TRIPINSTA be responsible for the delay or inability to use the TRIPINSTA websites or services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the TRIPINSTA website(s), or otherwise arising out of the use of the TRIPINSTA website(s), whether based on contract, tort, negligence, strict liability or otherwise. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done entirely at their own discretion and risk and they will be solely responsible for any damage that results from the download of such material and/or data.
These Terms supersede any prior TRIPINSTA Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms for carriage, awards, attractions provided elsewhere in this Site.
TRIPINSTA has the right to change the terms, conditions and notices under which the TRIPINSTA websites are offered, including but not limited to the charges associated with the use of the TRIPINSTA website. We request you to regularly review these terms and conditions. TRIPINSTA has endeavored to ensure that all the information on the TRIPINSTA website is correct, but TRIPINSTA neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained. TRIPINSTA disclaims any liability, responsibility or any other claim, whatsoever, with respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in TRIPINSTA websites.
You may preserve these Terms in written form by printing them for your records and you waive any other requirement that these Terms be evidenced by a written document.
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.
TRIPINSTA is responsible only for the transactions that are done by the user through TRIPINSTA. TRIPINSTA will not be responsible controlling transactions in any way, including whether the transaction is legal and valid as per the laws of the land of the user. The user warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The user further warrants that they will comply with all applicable laws and regulations regarding use of the services.
In the event that any of the terms, conditions, and notices contained herein conflict with the additional terms or other terms and guidelines contained within any particular TRIPINSTA website, then these terms shall prevail.
If you have any question or concern about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by TRIPINSTA, you may contact our Customer Service department, the information of which is provided in the customer service section of the Site.