2. Access and Use of the Services
This Website, the domain name (www.travelgems.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered from time to time by Travelgems in connection therewith are owned and operated by Travelgems.
If you link to this Website, Travelgems may revoke your rights to so link at any time, at Travelgems sole discretion. Travelgems reserves the right to require prior written consent before linking to this Website.
3. Website and Content
If we agree to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited licence to access this Website in accordance with these Terms and Use. We may, at our absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website.
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and must not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you (i) without the express prior written consent of the respective owners; and (ii) in any way that violates any third party rights.
Travelgems cannot guarantee the identity of any other users with whom you may interact in the course of using this Website. Travelgems cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using this Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Travelgems be liable for any reason for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Website.
4. REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We welcome your comments. Please be aware that by submitting content to this Website by email, postings on this Website or otherwise, including any hotel reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Travelgems and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission. You acknowledge that Travelgems may choose to provide attribution of your comments or reviews at our discretion. You further grant Travelgems the right to pursue at law any person or entity that violates your or Travelgems's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this Website ("Interactive Areas"). If Travelgems provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website any of the following:
a. Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law
c. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Travelgems;
e. Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
f. Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files;
h. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
i. Content or links to content that, in the sole judgment of Travelgems, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) which may expose Travelgems or its affiliates or its users to any harm or liability of any type.
Travelgems has no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Travelgems liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Travelgems is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although Travelgems has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Travelgems reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this Website at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you absolutely declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by Travelgems or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Travelgems, and its licensees, successors and assigns, from any claims that you could otherwise assert against Travelgems by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this Website.
5. ACTIVITY BOOKING WITH THIRD-PARTY SUPPLIERS THROUGH TRAVELGEMS
Use of Booking through Travelgems offers you the ability to search for, select, and book activities with third-party suppliers without leaving the Travelgems site experience. By booking activities facilitated by Booking through Travelgems , you will become a Travelgems member if you are not one already. As a Travelgems member, you will be able to post travel reviews, participate in discussion forums, email Travelgems content to yourself and to others, access and receive members-only newsletters and travel planning content, and enter surveys, contests, or sweepstakes.
AS A USER OF THIS WEBSITE, INCLUDING INSTANT BOOKING, YOU UNDERSTAND AND AGREE THAT: (1) NEITHER TRAVELGEMS NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH TRAVELGEMS AND OTHER USERS.
Travelgems and its affiliates will not interfere with reservations arbitrarily, but we have the right to cancel or not process a reservation because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a reservation request might be fraudulent. Travelgems also reserves the right to take steps to verify your identity to process your reservation.
In the unlikely event that a reservation is available when you place an order but becomes unavailable prior to check-in, your sole remedy will be to contact the supplier to make alternative arrangements or to cancel your reservation.
Cancellation policy is different for each activity.
Third-Party Suppliers. Although Travelgems members may rate and review particular properties based on their own experiences, Travelgems does not endorse or recommend the products or services of any third-party suppliers. You agree that Travelgems is not responsible for the accuracy or completeness of information it obtains from third-party suppliers and displays on its sites or apps.
This Website may link you to supplier sites or other websites that Travelgems does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.
6. Intellectual Property Rights
All intellectual property rights subsisting in respect of this Website belong to Travelgems or have been licensed to Travelgems for use on this Website. This Website, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that:
(a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly permitted in this clause 6), create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website and the Content, software, materials, or the Services in whole or in part.
(b) You shall only download or copy the Content (and other items displayed on this Website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content.
(c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from Travelgems or from the copyright holder identified in such Contents copyright notice.
7. User Submissions
In the course of accessing this Website or using the Services, you may provide information which may be used by Travelgems and/or the Operators in connection with the Services and which may be visible to other users of this Websites. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Travelgems and/or the Operators in connection with the Services (collectively, 'User Submissions'),
(a) You hereby grant to Travelgems and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions (including all related intellectual property rights subsisted thereon) in connection with providing the Services and operating this Website and Travelgems business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;
(d) You acknowledge and agree that Travelgems retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Travelgems does not influence your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; and
(e) all the User Submissions publicly posted or privately transmitted through this Website is the sole responsibility of you and that Travelgems will not be liable for any errors or omissions in any content.
8. Users Representations, Warranties and Undertakings
You represent, warrant and undertake to Travelgems that you will not provide any User Submission or otherwise use this Website or the Services in a manner that:
(b) violates any law, statute, ordinance or regulation;
(c) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable;
(d) involves commercial activities and/or sales without Travelgems prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(e) libel, impersonates any person or entity, including without limitation any employee or representative of Travelgems; or
(f) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
Travelgems have the right to remove any User Submission from this Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission or if Travelgems is concerned that you may have breached any of the preceding representations, warranties or undertakings), or for no reason at all.
You remain solely responsible for all User Submission that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Website, and you further represent, warrant and undertaking to Travelgems that you possess all rights necessary to provide such User Submission to Travelgems and to grant Travelgems the rights to use such User Submission on this Website or otherwise in connection with providing the Services.
You acknowledge and agree that you shall be solely responsible for your own User Submission and the consequences of posting or publishing all of your User Submission on this Website. You represent, warrant and undertake to Travelgems that:
(b) neither the User Submission nor your posting, uploading, publication, submission or transmittal of the User Submission or Travelgems use of the User Submission (or any portion thereof) on or through this Website and/or the Services offered through this Website will infringe, misappropriate or violate any third partys patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
You are responsible for all of your activity in connection with using this Website and/or the Services. You further represent, warrant and undertake to Travelgems that you shall not:
(a) conduct any fraudulent, abusive, or otherwise illegal activity, which may be grounds for termination of your right to access or use this Website and/or the Services;
(b) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Website;
(c) violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited;
(d) run maillist, listserv, or any other form of auto-responder, or "spam" on this Website, or any processes that run or are activated while you are not logged on to this Website, or that otherwise interfere with the proper working of or place an unreasonable load on this Websites infrastructure;
(e) use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of this Website; and
(f) decompile, reverse engineer, or otherwise attempt to obtain the source code of this Website.
You will have the responsibility for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Website and/or the Services.
9. Tickets, Vouchers, Fees and Payment
Through this Website, you may purchase from Travelgems by using the credit to purchase vouchers for the Services ('Vouchers') offered by the Operators at your country ('Operators'). Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase that will contain a printable version of your Voucher.
In order to use your Voucher, you must appear in person at the meeting point designated by the relevant Operator on time, and present such documents and/or information as may be required by the Operator, that may include your printed Voucher. If you fails to appear on time or provide the required documents or information, no refunds will be granted.
An Operator may also require you to provide an identification document bearing your photo in order to use your Voucher. Neither Travelgems nor the Operator is responsible for lost, destroyed or stolen Vouchers or Confirmation Numbers. Vouchers will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Voucher in an unlawful manner (e.g., you attempt to use a Voucher for wine tasting when you are under the legal age to do so), Operator may refuse to accept your Voucher, and no refunds will be granted.
Vouchers are admission tickets to one-time events ('Events'); the date(s) on which a Voucher can be used will be stated on the Voucher. If you do not use your Vouchers on or by the date(s) noted on such Vouchers, except as expressly set forth therein, no refunds will be granted.
You may cancel your Voucher by contacting Travelgems customer service within the cancelation period, as stated at the time of purchase on the Website. Cancelation windows vary on a case by case basis. A Voucher cancelled with the required notice will be refunded in full to the credit card you used to purchase such Voucher.
The Operators, not Travelgems, is the offeror of the Services for the Events (and to which Vouchers corresponding to), and is solely responsible for accepting or rejecting any Voucher you purchase and providing all such Services relating thereto.
Please consult with the Operator if you have any enquiry or complaint in respect of the Service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in the currency stated on the Website at any time prior to purchase.
If an Event for which you have purchased for a Voucher is cancelled by the Operator, we will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.
Travelgems reserves the right to require payment of fees or charges for any Services offered by Travelgems. You shall pay all applicable fees or charges, as described on this Website in connection with such Services selected by you. Travelgems reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on this Website. Your use (or continue to use) of the Services offered by Travelgems following such notification constitutes your acceptance of any new or revised fees or charges.
10. Security Payment
All payments made using the card are processed through the electronic payment platform of "Alpha e-Commerce" of Alpha Bank and uses TLS 1.1 encryption protocol encryption with 128-bit (Secure Sockets Layer - SSL). Encryption is a way of coding the information until it reaches its recipient, who will be able to decode it using the appropriate key.
Travelgems has no special relationship with or fiduciary duty to you for accessing and using this Website and the Content. You acknowledge that Travelgems has no control over, and no duty to take any action regarding: which users gain access to this Website; what content you access via this Website; what effects the Content may have on you; how you may interpret or use the Content; or about the actions you may take as a result of having been exposed to the Content.
Travelgems shall not be liable and you agree to release Travelgems from all liability for you having acquired or not acquired the Content through this Website. This Website and the Content may contain, or direct you to websites containing, information that you may find offensive or inappropriate. Travelgems makes no representations concerning any content contained in or accessed through this Website, and Travelgems will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through this Website.
You acknowledge and agree that the Services may be offered by the Operators or other third party and suggestions or recommendations may be given by the Operators or Users of this Website. Travelgems makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through this Website.
The Services, Content, Website, Products and Services obtained through this Website, and any software are provided on an "as is" basis. Unless expressly provided in this Website and to the fullest extent permissible by applicable law, the Services, Content, Website, Products and Services obtained through this Website are provided without warranties of any kind, either express or implied, including, without limitation, implied warranties of operator ability, fitness for a particular purpose, non-infringement, or that use of the Services will be uninterrupted or error-free.
13. Registration and Security
As a condition to using some aspects of the Services, you may be required to register with Travelgems and select a password and user name ('Travelgems User ID'). If you are accessing the Services through a third party site or service, Travelgems may require that your Travelgems User ID be the same as your user name for such third party site or service.
You may not (i) select or use as a Travelgems User ID a name of another person with the intent to impersonate that person; or (ii) use as a Travelgems User ID a name subject to any rights of a person other than you without appropriate authorization.
Travelgems reserves the right to refuse registration of or cancel a Travelgems User ID in its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect our rights or obligations without our prior written approval. We keep the right, at our own expense and on notice to you to assume exclusive defence and control of any claim or action.
15. Limitation of Liability
This Website, including all content, software, functions, materials and information made available on or accessed through this Website, is provided "as is" basis. To the fullest extent permissible by applicable law, we make no representations or warranties of any kind whatsoever for the content on this Website or the materials, information and functions made accessible by the software used on or accessed through this Website, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Website or any linked website, even if we become aware of any such breaches. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, operator ability, fitness for a particular purpose or accuracy. We do not warrant that the functions contained in this Website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that this Website or the server that makes it available is free of viruses or other harmful components.
You acknowledge and agree that you will not hold or seek to hold us responsible for the content provided by any operator or third party and you further acknowledge and agree that we are not a party to any transaction in relation to the services provided by any operator or third party. We have no control over and do not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any operator or third party on this Website.
16. Interaction with Third Parties
This Website may contain links to third party websites or services ('Third Party Websites') that are not owned or controlled by Travelgems, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by us of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
Travelgems has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Travelgems will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold harmless Travelgems from any and all liability arising from your use of any Third Party Website.
Your interactions with organizations and/or individuals found on or through the Services (including without limitation the Operators), including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Travelgems shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Travelgems is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Travelgems, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
18. Passports, Visas & Insurances
It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure.
We strongly recommend that you purchase a comprehensive travel insurance policy prior to departure.
19. Governing Law
The failure of Travelgems to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Travelgems shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Travelgems reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
At travelgems we know well that your needs and wants are important so its your trust. We protecting your privacy responsibily Your Personal Information (as defined below) you provide to us on our websites, mobile applications, via email, and through our service providers and distribution partners.
You may have the opportunity to provide contact and travel-related information for other people through our websites. If you "Refer a Friend" or if you purchase products or services for someone else through travelgems, you will need to submit that individual's personal information. You must obtain the consent of the specific individual prior to providing us with their personal information. As travelgems we are not responsible for any inform ation given for others by you.
When you visit travelgems.com or any of our affiliates' web pages that are hosted by us, our web server automatically recognizes and collects your IP address, which is assigned by your Internet Service Provider and does not identify you personally, web browser software, and referring website. To help us analyze the usage of our websites and related services, and to send more relevant communications to you, we also collect and keep track of Other Information about your online activity, such as content viewed, pages visited, and searches and/or reservations facilitated or made. The reason behind that is by collecting this automatic information is to help us understand the interests and preferences of our users and customize your user experience.
If you purchase a tailor made plan which is a pertsonalised travel guide or if you book a tour or excursion with third-party suppliers facilitated by travelegms, we will collect payment information from you, including your credit card number, cardholder name, expiration date, authentication code, and billing address.
You can contribute to the tarvelgems websites in a number of different ways, including writing reviews, uploading photos, filling out your public profile, and rating other users' contributions. We may store these contributions (your "Content"), publicly display them on our websites and Applications and those of our affiliate partners and distributors, display them to other users, share them with our affiliate partners and distributors, and use them for promotional purposes. Note that if you include Personal Information in your Content, it can be used and viewed by others. We are not responsible for the information you choose to include in your Content.