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Terms and Privacy
Last modified: 20 November 2017
About BookMartialArts and Tripaneer
BookMartialArts 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.
"The annotation on the right contains a short explanation but is not legally binding."
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.
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:
Use of the Platform
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.
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 confirmation email, where you will find all relevant instructions.
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.
Finally, when using our Platform you shall adhere to the following rules. You may not:
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;
deliberately involve manual or automated software, devices, or other processes to "crawl", "spider" or scrape any content on the Platform;
reproduce or decompile the Platform or to apply reverse engineering to it, unless permitted by mandatory law;
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."
Prices and Payment
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.
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.
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."
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.
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."
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."
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).
Direct damage shall solely mean:
Damage to property;
Reasonable expenses incurred to prevent or limit direct damages that could be expected from the event on which is the liability is based, and
reasonable costs incurred in determining the cause of the damage.
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.
In case you made a Reservation or booked an Experience Offer with the Organizer directly, while you initiated the contact with the Organizer through our Platform and you did not inform us immediately – in every case within five (5) working days and under no circumstances after the date of arrival – about such act outside our Platform, Tripaneer will no longer accept any liability with regard to the Platform or any services provided in relation to the Platform.
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."
Warranties and indemnifications
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.
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.
You guarantee that you will not use the Platform in a way that:
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;
is contrary to any current legislation or regulations; or
In other words:
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."
Applicable law and compentent court
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."
Last modified: 5 May 2017
Tripaneer takes your privacy very seriously and treats all your personal information with great care. In order to guarantee your privacy, Tripaneer always acts in accordance with the Dutch Data Protection Act.
This document sets out Tripaneer’s Privacy Statement. It is recommended that you read this Privacy Statement carefully. The capitalized words are defined in this Privacy Statement and in the User Terms.
1. Who is Tripaneer?
Tripaneer B.V. is a company with limited liability, having its registered office in Amsterdam and place of business in having its registered office in (1017 AZ) Amsterdam, the Netherlands, at Singel 542 office 3B-O. The manner in which your personal data are used has been reported to the Dutch Data Protection Authority.
Tripaneer has developed a platform (“Platform”) available through its website(s) (“Website”), which enables you to find, compare and book theme vacations anywhere in the world.
2. What information does Tripaneer collect and process?
In order to use the Platform for the purpose of booking a vacation, you are required to enter certain information about yourself. The following information is obligatory:
First and last name;
Your booking details are not visible to third parties, except for your first and last names, which are visible to the Organizer.
By using the Platform in order to write a review you can make certain information available about yourself, such as your name, photo, place of residence, travel experience and other “about you-information” (“Content”). This information could include personal data. Once the Content is submitted, this is visible for other Users and Organizers on the Website.
By taking surveys you submit information about yourself, such as your vacation habits. In submitting this information you can also provide us with so called sensitive personal data, such as information about your health. We will use this information only if you have given your explicit consent, by clicking the submitting button.
In order to handle your payment Tripaneer offers you multiple payment options, such as credit cards and bank transfer methods. The available payment methods may vary from time to time.
The Website may contain hyperlinks which take you to the website or application of a third party, such as social media sites. Tripaneer has no authority over the services and/or websites of third parties to which is linked. It therefore may be the case that for the use of those services and/or websites of third parties another privacy statement is applicable. This Privacy Statement is exclusively applicable to the personal data that is obtained through the Platform of Tripaneer. Tripaneer does not accept any responsibility or liability for the (use and/or content of the) services and/or websites of third parties.
Automatically generated data
Tripaneer requires certain information in order for the Platform to work as optimally as possible (for example, to display Content correctly and to keep the Platform secure). That is why Tripaneer automatically collects generated data about your use of the Platform. This information consists of your IP address (an unique number, which makes it possible to recognize your device) and your location.
In so far as Tripaneer uses this information, the data is not connected to your name or other personal data.
When using the Platform, various cookies are saved on your computer and/or mobile device and/or tablet (“Peripherals”), which can then be accessed. Cookies are small pieces of information (in the form of text) that a server sends to the browser (such as Internet Explorer or Firefox) with the intention that the browser sends this information back to the server the next time a user makes use of the Platform. Cookies of Tripaneer cannot damage your Peripherals or the files saved on it.
First party cookies
When you use the Platform, first party cookies are saved on your Peripherals. First party cookies are made by or for Tripaneer and are stored on your Peripherals by Tripaneer and only Tripaneer has access to these cookies. Such cookies are used by Tripaneer in order to enhance your Platform experience, for example, to remember your login information and your language settings.
You can configure your browser so that you do not receive any cookies the next time you use the Platform. However, it is possible that you will no longer be able to make full use of the Platform.
4. For what purposes will Tripaneer use information about you?
Tripaneer may use your personal information for the following purposes:
To provide its services and to allow you to use the Platform;
To allow your Content to be viewed by other Users and Organizers in relation to the Platform;
To communicate with you about the Platform, including promotions, offers, etc;
To configure the Platform to your wishes and needs;
To generate statistical data and to use this data for research purposes.
Tripaneer wishes to inform you on the developments of its Platform. Therefore, if there is a change or an update to the Platform, Tripaneer will inform you thereof. Also Tripaneer will inform you on its promotions and other news. If you do not wish to receive emails of Tripaneer, you can opt-out in every email that Tripaneer sends you.
Use by third parties
Tripaneer will not provide your personal data to third parties for commercial purposes, unless you have given your explicit consent to do so. Tripaneer will only provide your personal data to third parties if it is obliged to do so on account of national or international laws, case law and/or regulations, if Tripaneer considers it necessary to do so in defense of its own rights, if this is necessary for (the improvement of) providing the Platform to you or if you have given your informed and specific consent to do so.
5. How does Tripaneer protect your personal information?
Tripaneer takes appropriate technical and organizational measures to protect your (personal) information against loss or any form of unlawful use.
6. Viewing, changing and deleting your data
If you wish to know what information Tripaneer has collected about you, then you can send a request for information on your personal data to: [email protected] Tripaneer will respond to your request as soon as possible, but in any case within 4 weeks.
If you then wish Tripaneer to modify or delete your personal data, you may send another request thereto. Tripaneer shall respond within 4 weeks to such a request. If Tripaneer decides to deny your request, it shall inform you on the grounds of this decision.
Tripaneer will retain your personal data as long as needed to provide the Platform to you, to resolve disputes, enforce agreements or comply with any legal obligations.
7. Can this Privacy Statement be changed?
It is possible for the Privacy Statement to be amended in the future. That would then be mentioned on this page www.tripaneer.com, so it is recommended to regularly have a look at this page.
If you have any questions, please do not hesitate to contact us via [email protected].
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