top of page

These Terms and Conditions (these “Terms”) govern each user’s (“you”, “your”, or “user”) access to and use of the site at thetripabroad.com (the “Website” or “Company Website”) which is owned and/or operated by The Trip, an Estonian OU (“Company”, “The Trip”, “we”, “us”, “our”), and any other products, mobile applications, other apps or other platforms the Company offers (hereinafter, the Website and these other products, mobile applications, other apps and/or other platforms are collectively referred to as “Company Programs”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

THESE TERMS, TOGETHER WITH THE COMPANY’S PRIVACY POLICY (THE “PRIVACY POLICY” OR THE “COMPANY’S PRIVACY POLICY”), AND ANY OTHER TERMS OR CONDITIONS INCORPORATED BY REFERENCE INTO THESE TERMS (HEREINAFTER COLLECTIVELY REFERRED TO AS THIS “AGREEMENT”) FORM A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY. PLEASE READ ALL OF THE PROVISIONS OF THE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR ACCESS AND USE OF THE SITE OR ANY OTHER COMPANY PROGRAMS.

BY CONTINUING TO USE OR OTHERWISE ACCESS THE SITE OR ANY OTHER COMPANY PROGRAM (INCLUDING WITHOUT LIMITATION STARTING TO BOOK ANY TRIP), YOU HEREBY AUTOMATICALLY AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THIS AGREEMENT (AS DEFINED ABOVE), AS PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF EITHER THE SITE OR ANY OTHER COMPANY PROGRAM.

AS SET FORTH IN MORE DETAIL IN SECTION 10 HEREIN, THE COMPANY RESERVES THE RIGHT, AT OUR DISCRETION AND AT ANY TIME, TO MAKE CHANGES TO ANY OF THE PROVISIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION CHANGES TO ANY OF THE TERMS AND CONDITIONS GOVERNING A BOOKING OF A TRIP OR TO THE COMPANY PRIVACY POLICY (HEREINAFTER “UPDATES” TO THIS AGREEMENT”). YOU WILL BE BOUND BY ALL UPDATES TO THIS AGREEMENT AS MORE FULLY SET FORTH IN SECTION 10 OF THIS AGREEMENT.

NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY THE COMPANY. THUS, IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT ACCESS OR OTHERWISE USE THE SITE OR ANY OTHER COMPANY PROGRAMS.

THIS AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU SHOULD DOWNLOAD AND PRINT THIS ENTIRE AGREEMENT (INCLUDING WITHOUT LIMITATION THESE TERMS AND THE COMPANY’S PRIVACY POLICY, AS DEFINED ABOVE) FOR YOUR RECORDS.

PRIVACY NOTICE

ALL USERS (INCLUDING WITHOUT LIMITATION ALL TRAVELERS AS DEFINED HEREIN) ARE DIRECTED TO SECTIONS 4 OF THIS AGREEMENT FOR A LINK TO THE COMPANY’S PRIVACY POLICY. WITHOUT LIMITING THE PROVISIONS OF SECTIONS 4 and 5.21 HEREIN OR ANY OF THE PROVISIONS OF THE COMPANY’S PRIVACY POLICY, A USER’S USE OF ANY COMPANY PROGRAM, INCLUDING WITHOUT LIMITATION BOOKING ANY TRIP, CONSTITUTES YOUR AGREEMENT TO OUR COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION, INCLUDING THE USE OF COOKIES, PURSUANT TO THE COMPANY’S PRIVACY POLICY. PLEASE READ THE COMPANY’S PRIVACY POLICY CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION ABOUT OUR COLLECTION, USE, STORAGE, DISCLOSURE, AND TRANSFER OF YOUR INFORMATION. IT ALSO OFFERS AN EXPLANATION OF GDPR RULES, AS MANDATED BY THE EUROPEAN UNION. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE COMPANY’S PRIVACY POLICY, THEN YOU MAY NOT USE THE SITE OR ANY OTHER COMPANY PROGRAM.

1. Definitions. The following terms have the following meanings:

1.1 “Access Right” has the meaning set forth in Section 2 herein.

1.2 “Booking(s)” or “Book a Trip” has the meaning set forth in Section 5 herein.

1.3 “Cancellation" means any significant date alternation not caused by a Force Majeure event or the complete removal of a trip from sale and future operation by any party.

1.4 “Company IP Assets” has the meaning set forth in Section 3.2 herein.

1.5 “Company Privacy Policy” has the meaning set forth in Section 4 herein.

1.6 “Company Server” or “Server” means the computer software or hardware that serves and hosts the Website or Company Programs to users across the Internet.

1.7 “Content” means any data, information, messages, text, photos, graphics, videos, messages, tags, works, material or any other content, including, without limitation, any personal identifiable information.

1.8 “Reschedule” means a trip that has been postponed due to a Force Majeure event. The newly scheduled dates will be within 14 months of the previously planned departure.

1.9 “Traveler” means any individual user of the Company Website or other authorized Company Program who Books a Trip using such a Company Website or other Company Program.

1.10 “Trip” means the itinerary with identified host, dates, and price as more specifically described in the Company Website.

1.11 “Trip Credit”: voucher payment which must be applied towards a new trip within 365 days of issue.
 

1.12 “Trip Payments” means the Trip payments that will be processed by Company as follows:

1.12.1 The Trip payment that the Company will process on behalf of the Traveler who Books a Trip through the Trip Services, such payments to be processed and made by the Company on behalf of the Traveler to the third parties as described in, and otherwise pursuant to, the terms and conditions of the Bookings.

1.12.2 The Trip fees paid to an Operator while using the Trip Services which will be transmitted through the Trip Services from the Organizer to a third party as agreed to by Company pursuant to said Trip Services.

1.13 “Trip Services” means the following: Any add ons booked as through the selection request of the trip purchaser.

2. TRAVELER’S BOOKING TERMS AND CONDITIONS; SCOPE OF COMPANY’S TRIP SERVICES.

2.1 Booking; Company’s Trip Services for Travelers.

2.1.1 All bookings of a Trip by a Traveler must be made with the Company by using the Website or another authorized Company Program that has been made available to the Traveler by the Company. By booking a Trip (“Booking(s)” or “Book a Trip”) with the Company you hereby are deemed to have agreed to this Agreement, including without limitation all of the provisions of this Section 2 governing the Booking, and your Booking will only be accepted by the Company on this basis. Unless otherwise stated on your Trip Page cancellation policy, your payment terms are specifically defined below.

2.1.2 The Trip services to be provided by the Company when a Traveler Books a Trip when using the Company Website or any other Company Program will be limited to acceptance of the Booking and the Company’s processing of Trip Payments (as defined above) as described in that Booking (the “Trip Services”). FOR CLARITY, AND WITHOUT LIMITING THE FOREGOING IN ANY WAY, THE TRAVELER HEREBY ACKNOWLEDGES AND AGREES THAT THE SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY OF THE COMPANY RELATED TO OR ARISING OUT OF THE BOOKING AND THE TRIP SERVICES SHALL BE LIMITED TO THE COMPANY’S PROCESSING OF THE TRIP PAYMENTS TO THE APPROPRIATE THIRD PARTY PURSUANT TO THE TERMS AND CONDITIONS OF THE PARTICULAR BOOKING.

2.1.3. All other services to be provided related to the Booking are the sole and exclusive responsibility of the The Company and our partners.

(a) The Company does not have, and does not accept, any responsibility arising from or related to any of your agreements with any third party companies you may use during your time on one of our experiences.

(b) The Trip contracts our add on experiences, transportation, hotels and other services through trusted partners. Should there be a failure of service on behalf of one of our partners, The Trip will be responsible to provide compensation for the value of the service rendered or a different service of the same value in lieu, with agreement by The Traveler.

2.2 Down Payment Requirement. After the trip is fully booked online, The Company will send an invoice to The Lead Traveler (group organizer), who is required to pay a 100% down payment (“Down Payment”) of the first individual payment for the Booking to be confirmed. Once the down payment is made, The Company will send an email in due time to all of the other party members in your booking. Your party then has up to 48 hours at receipt of the email to pay in full the amount due.

If booked more than 90 days prior to departure, you will have 24 hours to pay the initial trip confirmation payment, and another 48 hours, after the initial payment,  for all participants to pay the outstanding balance. If you cancel within this 72 hour period you get a full refund, if you cancel after this 72 hours, a penalty will be applied. If booked within 90 days of departure, your booking becomes non-refundable upon confirmation.
In the event of the participant's death or serious illness, the company reserves the right to evaluate the circumstances and determine, at its discretion, whether a refund will be granted.

2.3 Acceptance of Booking and Final Payments. 

A contract will exist between the Company and you, the Traveler, for only the Trip Services described in Section 2.1 of this Agreement, such agreement to commence as of the date we issue the confirmation email, or if you Book within 7 days the Departure Date, the contract will exist when we accept your payment. Please refer to your Booking confirmation email for details regarding final payments. Payments, other than the Down Payment, made towards the balance of the Booking are referred to as the “Additional Payments”. Payment of the balance of the Booking price is due within 72 hours of the original downpayment. If this balance is not paid on or before the due date, we reserve the right to cancel your Booking, subject to the cancellation and refund policy provided below. All credits provided in this Agreement must be used within 12 months of the date of cancellation.

2.4 Prices & Surcharges. Prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means prices may vary at any time. It is likely that different passengers on the same trip have been charged different prices. Discounts cannot be combined. A maximum of one discount may be applied per traveler per Booking. Any reduced pricing or discounts that may become available after you have paid your Down Payment will not apply to your Booking. If you wish to cancel your Booking to take advantage of a cheaper price, full cancellation conditions apply. Prices are all presented in USD or EUR. We reserve the right to impose surcharges up to 60 days before the Departure Date due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so. In such instances, we will be responsible for any amount up to 2% of the Booking price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the Booking price, you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. Please note that a surcharge may be applied to all purchases made by credit card.

2.5 Your Details. In order for us to confirm your travel arrangements for the Booking of your Trip, you must provide all requested details 45 days prior to Departure Date. Necessary details vary by Booking, and may include without limitation, full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Failure to provide requested details 45 days prior to Departure Date, may result in additional charges or non-refundable cancellation of your Booking.

2.6 Cancellation by the Traveler. If you cancel some or all portions of your Booking, cancellation fees will apply. A cancellation will only be effective when we receive written confirmation of the cancellation. Payments shall be refundable pursuant to the following:

2.7.1 If you cancel any Booking that is confirmed, on or after the date that is 90 days prior to the Departure Date, the Down Payment and Additional Payments will be retained by the Company and is non-refundable to you.

2.7.2 For Departure Dates more than 90 days in advance, if your Booking has not yet been confirmed, and you cancel the Booking, you shall either be granted a full refund within 72 hours of booking, or be granted a credit for the amount. 

2.7.3 Note that different cancellation conditions including higher charges apply to some styles of booking and additional services, as provided in your confirmation email. If you leave a trip for any reason after it has commenced, we are not obliged to make any refunds for unused Services. If you fail to join a Trip, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees. We are not responsible for any unfavorable exchange rate fluctuations that may lead to a smaller refund in your local currency.

2.8 Cancellation by the Company.

2.8.1 For any Reason. We may cancel a Booking for any reason up to 45 days before the Departure Date. Except as provided below, if we cancel your Booking, you can transfer the Down Payment and Additional Payments to an alternate Departure Date or receive a full refund. In case of any cancellation for any reason, we are not responsible for any incidental expenses that you may have incurred as a result of your Booking, including but not limited to, visas, vaccinations, unfavorable exchange rate fluctuations, travel insurance excess or non-refundable flights.

2.8.2 Force Majeure Event. Notwithstanding the above, the Company shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (including without limitation any terms of a Booking), when and to the extent such failure or delay is caused by or results from acts beyond the Company’s reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, pandemics, epidemics, drought, bushfire, storm or other natural disaster, explosion, or public health and safety emergency characterized by an applicable government authority; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) other events beyond the reasonable control of the Company. In case of a Force Majeure Event, the Company shall reschedule your Booking for a future date and provide you written notice of the same. Within 30 days of notice of the Force Majeure Event, you may cancel the rescheduled Booking, and will be granted (j) a credit In the amount of the Down Payment; and (k) either a credit or a refund of the Additional Payments.

 2.9 Inclusions & Exclusions. The price of your Booking includes:

  • All accommodation as listed

  • All transportation as listed

  • All Services as listed

  • All Add ons as booked

  • Activities listed

  • Meals as listed

Otherwise, the price of your booking does not include any other services or products, and excludes without limitation, the following:

  • International or internal flights unless specified

  • Taxes and excess baggage charges unless specified

  • Meals and Beverages other than those specified

  • Visa and passport fees

  • Travel insurance

  • Optional activities and all personal expenses

  • Tour guide tips

2.10 Age & Health Requirements. You must be at least 18 years of age to use the Trip Services, including, without limitation, booking any Trip. If you are Booking for an additional Traveler who is a minor or if you bring a minor to a trip, you must be at least 25 years of age, be legally authorized to act on behalf of the minor, and provide an executed guardian waiver in a form acceptable to the Company, in its sole discretion. You are solely responsible for the supervision of that minor. By Booking a trip using the Trip Services, you confirm you are at least 18 years of age. It is your sole responsibility to ensure that you are suitably fit to allow full participation in the trip and to obtain proper and detailed medical advice for the latest health requirements and recommendations for your destination. The Trip and our local Operators reserve the right to remove any Traveler, or deny any paid service to a Traveler, due to concerns over the health and safety of the individual or the group as a whole. Any health or safety-related removal or denial is at the discretion of The Trip and/or the authority on Trip. 

2.11 Passport and Visas. You must carry a valid passport and obtain all of the appropriate visas, permits and certificates for the countries which you will visit during your Trip. Your passport must be valid for 6 months beyond the duration of the booking. It is your sole responsibility to ensure that you are in possession of the correct visas, permits and certificates for your Trip. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.

2.12 Travel Insurance. Travel insurance is recommended for all our travelers and should be taken out at the time of Booking. Your travel insurance should provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of $200,000 USD for each of the categories of cover. We also strongly recommend the travel insurance policy include coverage for cancellation, curtailment, personal liability and loss of luggage and personal effects. If an Operator requires travel insurance, you will be advised a minimum of 90 days prior to departure. A policyholder and policy number in the Traveler’s name must be provided to the Company at minimum of 72 hours prior to departure.

2.13 . You agree and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each Booking is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport are subject to alteration without prior notice, and the Company is not liable for any such changes.

2.14 Change of Itinerary. The Operators of Add on Services as purchased reserve the right to change the Trip itinerary. Please refer to our Website or other Company Programs before departure for the Operator’s most recent updates to the trip itinerary.

2.15.1 Before Departure. If an add on service provider makes a major change, we will inform you as soon as reasonably possible if there is time before the Departure Date. The definition of a major change is defined as a substantial alteration to an itinerary which can include but is not limited to; change of date provided, non ability to provide service.

2.15.2 When a major change is made, you may choose between accepting the new itinerary, or canceling your Booking and obtaining a Trip Credit, without penalty, to be used on an alternative departure.

2.15.3 After Departure. The Add on Service Providers reserves the right to change an itinerary after Departure Due to local circumstances or events outside of their control. The additional cost of any necessary itinerary alterations will be your sole responsibility. Please note we are not responsible for any incidental expenses that may be incurred, including without limitation, expenses incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.

2.16 Authority on Trip. If you fail to comply with an add on service provider or local partner or trip manager, you may be directed to leave the trip immediately, with no right of refund. The Company may also elect not to not provide you Services in the future. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with the Company’s responsible travel guidelines.

2.17 Acceptance of Risk. You acknowledge that the nature of the Trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. It is your sole responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.

2.18 Optional Activities. Optional activities not included in the Booking price do not form part of the Booking or this Agreement. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and activity provider or Operator.

2.19 Claims & Complaints. If you have a complaint about your Trip, please inform your Trip Leader identified by the Operator at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to the Company within 30 days of the end of the trip.

2.20 Severability. In the event that any terms or conditions related to the Booking or the Trip Services, or any other terms and conditions contained in this Agreement, are unenforceable or void by operation of law or as being against public policy or for any other reason, then such term or condition shall be deemed to be severed from this Agreement or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

2.21 Photos and Marketing. You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose. You grant us a perpetual, royalty-free, worldwide, irrevocable license to use such images for publicity and promotional purposes.

2.22 Company Privacy Policy Governs Bookings. Any personal information that we collect about you may be used for any purpose associated with the operation of a Booking or otherwise associated with the Trip Services, or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to provide the Trip Services. We will otherwise treat your details in accordance with our Company Privacy Policy.

2.23 Pre-Trip Behavior. The Company may cancel a Booking at any time prior to the Departure date due to any Traveler actions, inactions, communications, or any other behavior that the Company deems to be a security concern, or that may impact the dynamic and safety of the Trip, as determined by the Company in its sole discretion. In the event of such cancellation, you may not be entitled to any refund or compensation. The Company may also elect to not provide you Services in the future.

2.24 COVID-19 Vaccination Requirements. Some countries may require that all Travelers on the Trip are fully vaccinated against COVID-19 or show PCR negative results. This requirement will be displayed via website copy at the time of Booking. If required, on the Departure Date, all Travelers must certify that they have been fully vaccinated as defined by the relevant national authority by Departure Date.  The Company will not facilitate the collection of proof in regards to vaccination status and is not responsible for providing or verifying this information. Local regulations are solely responsible to implement, administer, and enforce such vaccination requirements. Traveler agrees and acknowledges that the Company disclaims all liability related to such vaccine requirements and the implementation and enforcement of such requirements.

2.25 Luggage Restrictions. All travelers are allowed to bring one large piece of luggage (not exceeding 23kg (50lbs) in weight, with the dimensions (30” x 18” x 10”), one small carry-on (12”x11”x6”), and a personal item). Any additional luggage brought on a trip without Company’s pre-approval may result in additional storage fees to be paid by the Traveler.

2.26 On-Trip Behavior:
The Company and or authority on Trip reserves the right to remove a Traveler at any time while on trip due to any Traveler actions, inactions, communications, or any other behavior that the Company deems to be a security concern, or that may impact the dynamic and safety of the Trip, as determined by the Company in its sole discretion. In the event of such removal, the Traveler may not be entitled to any refund or compensation. The Company may also elect to not provide the Traveler Services in the future.

2.27 Early Departure from a Trip: Any additional fees or costs incurred due to an early departure from the Trip, whether voluntary or at the request of The Trip and/or the authority on trip,  are the sole responsibility of the Traveler. This includes official removal from the Trip due to behavior, violation of community guidelines and/or health and safety concerns.

3. DISCLAIMERS; LIMITATION OF LIABILITY.

EXCEPT FOR THE COMPANY’S LIMITED AND EXPLICIT PROMISE UNDER SECTION 2.1.2 TO PROCESS THE TRIP PAYMENTS OF A TRAVELER PURSUANT TO THE TERMS AND CONDITIONS OF THAT TRAVELER’S BOOKING: (A) THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR OTHER COVENANTS TO THE TRAVELER OR ANY OTHER USER REGARDING THE COMPANY WEBSITE, ANY OTHER COMPANY PROGRAMS, ANY TRIP, ANY TRIP SERVICES, ANY OTHER COMPANY IP ASSETS, AND ANY OTHER CONTENT PROVIDED THEREIN; AND (B) THE COMPANY WEBSITE, ANY OTHER COMPANY PROGRAMS, ANY BOOKINGS, TRIP SERVICES, ANY COMPANY IP ASSETS AND ANY OTHER CONTENT PROVIDED THEREIN ARE ALL PROVIDED TO A TRAVELER AND ALL OTHER USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND.

THE COMPANY HEREBY EXPLICITLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCTS OR SERVICES OF ANY HOST, OPERATORS OR ANY OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OF THE FOLLOWING WITH REGARD TO THE FOREGOING: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

FOR PURPOSES OF THIS SECTION 6, THESE THIRD PARTY PRODUCTS AND SERVICES INCLUDE PRODUCTS OR SERVICES OF HOSTS OR OPERATORS.

WITHOUT LIMITATION THE GENERALITY OF ANY OTHER PROVISION IN THIS SECTION 3, AND FOR THE AVOIDANCE OF DOUBT, EACH TRAVELER HEREBY ACKNOWLEDGES AND AGREES THAT: (A) THE SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY OF THE COMPANY RELATED TO OR ARISING OUT OF THE TRAVELER’S BOOKING AND THE TRIP SERVICES SHALL BE LIMITED TO THE COMPANY’S PROCESSING OF THE TRIP PAYMENTS TO THE APPROPRIATE THIRD PARTY PURSUANT TO THE TERMS AND CONDITIONS OF THE PARTICULAR BOOKING; AND (B) ALL OTHER SERVICES RELATED TO OR ARISING OUT OF THE TRAVELER’S BOOKING OR TRIP, AND ALL OBLIGATIONS RELATED THERETO, ARE SOLELY AND EXCLUSIVELY THE RESPONSIBILITY AND LIABILITY OF THE OPERATOR, HOST OR OTHER THIRD PARTIES PROVIDING SUCH SERVICE AND ARE NOT THE RESPONSIBILITY OR LIABILITY OF THE COMPANY.

IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING WITHOUT LIMITATION ARISING OR RELATED TO A TRAVELER’S BOOKING OR TRIP), WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO THE COMPANY FOR THE TRIP SERVICES SOLD HEREUNDER.

4. INDEMNIFICATION. You hereby agree to defend, indemnify and hold harmless the Company, its affiliates, and their officers, directors, employees, agents, licensors, content providers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of this Agreement, including without limitation: (a) any unauthorized use of the Company Website, any Company Programs, any Company IP Assets or any content thereof; or (b) any actions of a Traveler during a Trip.

5. LINKS TO THIRD-PARTY WEBSITES. The Company Website, other Company Programs or our Trip Services may contain links to third-party websites. These links are provided for your convenience only. The Company has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Company Website, other Company Programs or our Trip Services, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.

6. GOVERNING LAW; JURISDICTION, DISPUTES. READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.

6.1 Governing Law. We control and operate the Company Website, our Company Programs and our Trip Services from Tallinn, Estonia. While we invite users from all parts of the world to visit the Company Website and other Company Programs and to use our Trip Services, each user hereby acknowledges and agrees that the Company Website, other Company Programs and our Trip Services, and all activities available on and through the foregoing, are governed by the laws of Estonia. Accordingly, You hereby expressly agree that the laws of Estonia and the European Union,, excluding its conflict of laws rules shall govern this Agreement, including without limitation our Company Privacy Policy and your use of the Company Website, any other Company Programs and our Trip Services.

6.2 Jurisdiction. You hereby expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) related to or arising out of this Agreement shall be the in courts in Estonia, and, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, or agents.

6.3 Prohibition of Class or Representative Actions. You and the Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action.

7. CHANGES TO THIS AGREEMENT.

BY USING THE COMPANY WEBSITE, ANY COMPANY PROGRAM OR ANY TRIP SERVICES (INCLUDING WITHOUT LIMITATION BOOKING ANY TRIP THEREIN), YOU HEREBY AGREE AS FOLLOWS:

7.1 The company reserves the right, at our discretion and at any time, to make changes to any of the provisions of this agreement, including without limitation changes to any of the terms and conditions governing a booking of a trip or to the company privacy policy (hereinafter “Updates to this Agreement”).

7.2 The Company may take any reasonable efforts to post any such Updates to this Agreement, including without limitation posting such Updates to this Agreement on the Company’s main Website.

7.3 Continued use of any Company Website, any other Company Program, or any of the Company’s Trip Services by any user (including but not limited to any traveler) shall automatically constitute such user’s (including without limitation such Traveler’s) immediate acceptance of and consent to all of the updates to this agreement and you will thereafter be bound by such Updates to this Agreement.

7.4 If you do not agree to such Updates to this Agreement, then you should immediately discontinue using the Company Website, all other Company Programs, and all of the Company’s Trip Services.

8. MISCELLANEOUS PROVISIONS.

8.1 Entire Agreement; Waiver; Severability. This Agreement constitutes the entire agreement between Company and each user (including without limitation each Traveler) with respect to the subject matter hereof, and supersedes and replaces any prior agreements we might have had between us regarding such subject matter. The Company ’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect.

8.2 Remedies. User acknowledges that monetary damages may not be a sufficient remedy for unauthorized use of the Company Website, any other Company Program, any Trip Services or any other Company IP Assets and therefore each user hereby agrees that the Company shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.

8.3 Attorney Fees. If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.

8.4 Binding Effect; No Assignment by Client; Permissible Assignment by Company. This Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, that user (including without limitation the Traveler) may not assign this Agreement, in whole or in part, without the prior written consent of the Company (which it may or may not grant in its discretion). Any purported assignment in violation of this Section 8.4 shall be void. The Company shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall insure to the benefit of and be enforceable by such successors and assigns.

9. CONTACT INFORMATION.

If you have questions or comments about this Agreement or the Company Websites, Company Programs or Services, please write, phone or email us via the contact information below:

 

The Trip OU
www.thetripabroad.com

Harju maakond, Tallinn, Kesklinna linnaosa, Sakala tn 7-2, 10141

thetripabroad@gmail.com

​

Thetrip Services Terms and Conditions of Use (WEBSITE)

1. TERMS AND CONDITIONS - INTRODUCTION

By accessing The Trip website and/or using the services offered on The Trip website you declare that you have read, understood and accepted the terms and conditions set out below (including the privacy policy).

2. DEFINITIONS

  • “We” and “The Trip” means The Trip, a company.

  • 'Site' means the website, including the mobile version, on which The Trip services are made available.

  •  

  • 'Conditions of Sale' means the general conditions of sale of the tourist packages, available for consultation at the following link: general conditions

  • 'Owner' means the company The Trip
    “Service” means the features and functionality of the Site that may be used by the User; therefore, all services made available on the The Trip website.

  •  

  • 'Tourist Package' means travel, holiday, the 'all-inclusive' circuit resulting from the combination, by anyone and in any way, of at least two of the following elements, sold or offered for sale at a flat rate: (a) transport (excluding air transportation from and to the start of the holiday) ; (b) accommodation; (c) tourist services not ancillary to transport or accommodation that constitute, for the satisfaction of the tourist

  • “Terms and Conditions” means these Terms and Conditions of Use of the Site, which constitute a legally binding agreement between the User and the Owner.

  • “User” “you” “your” and similar terms means the natural or legal person using the Site.

  • 'Consumer User' means a natural person who requests a service offered by the Site for purposes unrelated to any business or professional activity carried out.

3. OWNER OF THE SITE AND RELATED SERVICES IS


Thetrip ADD details 

4. PRESENTATION OF THE SITE AND RELATED SERVICES

  • The Site is dedicated to the presentation and purchase of tour packages and allows the User to:

    • select the destinations and dates available with reference to tourist packages presented by the Owner on the Site;

    • forward contact requests to the Owner to receive more information on the travel packages presented;

    • configure your Tourist Package by selecting the services to your liking;

    • conclude the purchase of a Tourist Package.

  • The Service is reserved for the User of legal age.

5. OPERATION OF THE PORTAL

  • The Trip promises to use, as far as reasonably practicable, to a standard of commercial reasonableness to ensure that the Site is always accessible. However, the administrator will not be responsible if, for any reason, the Site may be unavailable even for limited periods of time.

  • To guarantee the User the best possible use of the Service, the Owner reserves the right to interrupt the same for the need for maintenance or updating of the system, informing the User through constant updates.

6. ACCOUNT SUSPENSION AND DELETION

  • The Owner reserves the right, at its sole discretion and without the exercise of such right to give rise to any claim for non-compliance or violation of these Terms and Conditions, to suspend or cancel the User's account if it considers that:

    • you have violated the Terms and Conditions;

    • Accessing or using the Service may cause harm to the Owner, other users, or third parties;

    • Your use of the Site may result in a violation of applicable law or regulations;

    • In the case of investigations conducted as a result of legal actions or for the involvement of the Public Authority;

    • The User's account is held by the Owner, at its sole discretion and for any reason, inappropriate or offensive or in violation of the Terms and Conditions.

    • There are reasonable grounds to believe that the Service is or may be used by unauthorized third parties;

    •  

    • There is an event of force majeure or circumstances that, at the sole discretion of the Owner, require emergency interventions or to resolve security issues, hazards to the entire infrastructure and/or persons and/or property (in the latter case, the User Account will be restored as soon as the Owner, at its discretion, may believe that the cause of the suspension of the Service has actually been removed or deleted

    •  

    • the User is involved, for any reason, in any judicial or extrajudicial dispute of a civil, criminal or administrative nature, and, in any case, whether such dispute may involve actions or actions or actions against the Owner;

    • The suspension is required by any court.

  • Any suspension of the account attributable to the User does not affect the right of the Owner to claim compensation for any damage suffered.

7. SIGN UP FOR THE SITE

  • The User is not required to register in order to explore and use the Site.

  • Registration on the Site takes place through the compilation of the forms present therein, through which the User must provide the Owner with the mandatory data required, accepting the relative Privacy Policy and the Terms and Conditions.

  •  

  • Each registration to the Site is valid for one User only. Any identification code, password, username or other, is a constituent part of the security systems and procedures activated by The Trip to protect the system and the data stored on the Site. Therefore, they cannot be revealed to anyone, not even within a group even if it is determined. The Trip reserves the right to disable the identification code, password and/or user-name of any user of the Site, where, in The Trip sole sole opinion, there has been a breach of any provision in the Terms and Conditions.

  •  

  • Responsibility for the confidentiality and use of the password lies solely with the User who assumes any risk of it.

  •  

  • The Registered User can deactivate their account, request its cancellation, or stop using the Service at any time by contacting the Owner directly. By deleting your account, you will only be able to visit the Site but will not have access to additional services that require registration.

  •  

The User is free to explore the Site and, consequently, without providing any personally identifiable information. However, to access some additional features of the Site, the User will have to provide the data requested in the respective forms, including the User's age. In any case, the use of the additional functions of the Site (i.e. calculation of the quote and purchase of the Tourist Package) is allowed only to the adult User. Please refer to the Privacy policy for more information.

8. USER-OWNED BEHAVIOR AND MATERIAL

  • With the exception of personal data, which will be treated in accordance with the privacy policy, any material, content, transmitted or inserted on the Site will be considered non-confidential and non-property. Therefore, The Trip assumes no obligation with respect to such information and materials and will be deemed to be authorized to collect copies, transmit, disclose and use such information and materials, whether for commercial purposes or for other purposes.

  •  

  • The User undertakes not to place or transmit to or from the Site any material:

    • that is intimidating, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, such as to incite racial hatred, discriminatory, threatening, scandalous, inciting, blasphemous, injurious to secrecy, harmful to privacy or that may in any way cause annoyance or harm;

    •  

    • For which the necessary licenses or approvals have not been obtained;

    • Representing or encouraging conduct that could be considered a form of crime, that may give rise to anyone's responsibility, that is in any way contrary to law, public order or morality, or that violates the rights of third parties anywhere in the world;

    •  

    • Causing damage (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, faulty components, corrupted data, or other software with harmful or damaging content). The User may not abuse the Site (by way of example and not limited to, by carrying out hacking activities).

    •  

  • The Trip will actively cooperate with the Public Authorities in charge of conducting investigations and will comply with any order of the Judicial Authority that requires or orders The Trip to disclose identity or identify individuals who transmit or insert material that does not comply with the law and/or the above.

  •  

  • In all cases referred to in paragraphs 8.2 and 8.3, The Trip is entitled to proceed in the procedure as per paragraph 6.1.

9. INDUSTRIAL AND INTELLECTUAL PROPERTY – CONTENT AVAILABLE ON THE SITE – UNCONCISED USE OF THE SITE

  • The Trip is the exclusive owner of the contents of the Site, including - but not limited to - texts, documents, images, logos, photographs, page layout, design, know-how and products offered for sale; some of the aforementioned contents may be covered by copyright, trademarks, patents, models and / or other industrial and intellectual property rights recognized by Estonian, European and international law.

  •  

  • The Owner grants the User, for the duration of the contract, a personal, non-transferable and non-exclusive license, for exclusive personal and never commercial purposes and limited to the device in use to the User for the use of such content. Therefore, the User is expressly prohibited from, by way of example but not limited to, copying and/or downloading and/or sharing (unless within the limits explained below), modify, publishing, transmitting, selling, sub-licensing, processing, transferring/assigning to third parties, creating works derived in any way from the content, including third parties, available on the Site

  • Where expressly indicated on the Site, the User, for his or her own use, may be authorized to download and/or copy and/or share certain content made available on the Site, provided that it faithfully contains all copyright indications and other indications provided by the Owner.

  •  

  • By sending, publishing or viewing the contents on or through the Site, the User grants the Owner a license without territorial or time limits, non-exclusive, free and with the right of sublicense, for use, copying, reproduction, processing, adaptation, modification, publication, transmission, display and distribution of such content with any medium or method of distribution currently available or developed thereafter.

  •  

  • The User may use services and content included in the Site provided by third parties, but must have first read the terms and conditions of such third parties and have accepted them. Under no circumstances can the Owner be held responsible in relation to the correct functioning or availability, or both, of services and content provided by third parties.

  • The User is not allowed to:

    • reverse engineer, decompile, disassemble, modify or create derivative works based on the Site or any portion thereof.

    • Bypass computer systems used by The Trip or its licensors to protect content accessible through the Site.

    • Copy, store, modify, change, prepare derivative works or alter in any way any of the content provided by the Site.

    • Use any robot, spider, search and/or site retrieval application or any other device, process or automatic means to access, retrieve, scrape or index any portion of the Site or its contents.

    •  

    • Rent, license or sublicense the Site.

    •  

    • Defame, offend, harass, engage in threatening practices, threaten or otherwise violate the rights (such as the right to privacy and publicity) of others.

    •  

    • Disseminate or post illegal, obscene, illegitimate, defamatory or inappropriate content.

    •  

    • Unlawfully appropriate the account in use with another User.

    •  

    • Use the Site in order to approach users to promote, sell, or advertise in any way products or services of any kind through.

    •  

    • Use the Site in any other improper manner that would violate these Terms and Conditions. In this case The Trip is entitled to proceed as set out in clause 6.1.

    •  

  • All trademarks, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, that appear on the Site concerning WeRoad are and remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties. All trademarks, figurative or nouns and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos concerning third parties and the content published by such third parties on the Site are and remain the exclusive property of such third parties or their licensors and are protected by applicable trademark laws and related international treaties. The Owner does not own the ownership of such intellectual property and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined therein.

10. EXCLUSION OF LIABILITY

  • You are responsible for your use of the Site independently and at your sole risk, provided that The Trip disclaims any liability for any damage or injury suffered in any way by you as a result of accessing and using or downloading any material for any capacity on the Site, including viruses, malware or other malicious electronic content.

  •  

  • The Owner does not make any prior moderation on the contents or links provided by third parties shown on the Site. The Data Controller is not responsible for such content and their accessibility.

  •  

  • The Trip is not responsible for the contents of any other website that should be made accessible through links or multimedia links on the Site, it being understood that such links are provided only in order to allow the User to access more complete information. The User is not authorized to create links and links to the Site without the prior written consent of The Trip.

  •  

  • The Trip is also not responsible for: a) any losses that are a direct consequence of the violation of these Terms and Conditions; b) any loss of business opportunity and any other loss, even indirect, possibly suffered by the User (such as, but not limited to, commercial loss, loss of revenue, income, profits or alleged savings, loss of contracts or commercial relationships illustrative and non-exhaustive, failures or interruptions to telephone or electrical lines, the internet and / or otherwise other transmission tools, unavailability of websites, strikes, natural events, viruses and computer attacks, interruption in the attack of third-party products, services or applications; d) incorrect use of the Site by the User or third parties.

  •  

  • The User agrees to indemnify the Owner (as well as any subsidiaries or affiliates, its representatives, directors, agents, licensees, partners and employees), harmless from any obligation or liability, including any legal fees incurred to defend himself or her, that may arise against damages caused to other users or third parties, in relation to content uploaded online, violation of the terms of law or the terms

  •  

  • The Owner reserves the right to decide to interrupt or suspend the display of certain content published by the User or by third parties in the event that: a) complaints are received from other users; b) receives a report of infringement of intellectual property rights; c) considers that it must do this in anticipation of, or as a result of, legal actions; d) such action is requested by the Public

11. PROCESSING OF DATA

For information on the use of personal data, the User should refer to The Trip privacy policy which is referred to herein and constitutes an integral and substantial part of the Terms and Conditions.

12. APPLICABLE LAW AND JURISDICTION

  • The Terms and Conditions are governed by Estonian law.

  •  

13. CHANGES TO THESE TERMS

The Owner reserves the right to make changes to the Terms and Conditions at any time, giving notice to the User by publishing it on the Site. If you continue to use the Site after the posting of the changes, you unreservedly agree to the new Terms.

14. SALE

The Owner reserves the right to transfer, assign, dispose of or subcontract all or some of the rights deriving from the Terms and Conditions, provided that the User's rights are not affected. The User may not assign or transfer in any way his rights or obligations under the Terms and Conditions without the written permission of the Owner.

15. DISCLAIMEMENT OF IMAGE RIGHTS

The User assigns free of charge to the Owner the right to use, disseminate, reproduce, process, modify, publish, communicate to the public, transmit – on any analog, electronic, computer, and / or digital medium (including but not limited to, broadcast systems via air, cable, satellite, web, also on social network pages such as, for example, Facebook, Instagram, Twitter, The User also: a) assigns free of charge any right of any kind and nature existing on these images, necessary for the exploitation for commercial, promotional and advertising purposes of the same; b) expressly declares that he is fully satisfied and has nothing to claim for any reason or title (for example, of an economic nature) from the Owner, his assignees and / or successors its assignees from any action and/or claim of third parties with regard to the images and their exploitation, assuming all related liability and cost. In any case, the Owner will not make use of the images in contexts or in ways that affect the honor, reputation and decorum of the User portrayed and / or taken up.

16. COMMUNICATIONS

All communications relating to The Trip must be sent using the contact information set out in the Terms and Conditions.

17. USE OF COOKIES

For more information on the use of cookies, please refer to the information on the Site - IUbenda

18. INEFFECTIVENESS AND PARTIAL NULLITY

In the event that any provision of these Terms and Conditions is found to be null, void, or unenforceable, the above provision shall be disapplied while the remainder shall remain in full force and effect.

Terms & Conditions

bottom of page