TBO Holidays

GENERAL

These Terms and Conditions ("Terms") governs the use of the website ("Service"). The Terms "TBO Holidays", "We", "Us", "Our" refer to Tek Travels DMCC ('TBO Dubai') and their affiliates, including but not necessarily limited to TBO Technology Services DMCC ('TBO Tech Dubai'), TBO Holidays Pte. Ltd. ('TBO Singapore), TBO HongKong Holidays Ltd ('TBO Hong Kong'), TBO Holidays Europe B.V. ('TBO Netheland'), TBO Holidays Malaysia SDN.BHD ('TBO Malaysia'), Travel Boutique Online S.A. De C.V. ('TBO Mexico'), TBO Technology Consulting Shanghai Co., Ltd. ('TBO China'), TBO Holidays Brasil Agencia De Viagens E Reservas Ltda (TBO Brazil), TBO LLC ( TBO USA),Tek Travels Arabia Company for Travel & Tourism ( TBO KSA).

THESE TERMS CONSTITUTE A LEGAL AGREEMENT. By your use of the Service, you agree to comply with all of the terms and conditions set out herein, as amended periodically. TBO Holidays may terminate your account at any time, with or without notice, for conduct that is in breach of these Terms, for conduct that we believe is harmful to our business, or for conduct where the use of the Service is harmful to any other party.

We may, in our sole discretion, change or modify these Terms at any time, with or without notice. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with these Terms.

These Terms and Conditions and any additional terms posted on www.tboholidays.com ("Site") together constitute the basis of the relationship between TBO Holidays and You ("Customer") with respect to your use of this Site.

SERVICES

We offer Customers hotels, flight bookings and travel services purchased from Us. Services are provided on the basis of facility and availability. We reserve the right to modify, change, or discontinue any aspect of the Services at any time. Access to the Site is terminated upon expiry or termination of the Service.

TERMINATION

We may terminate the Service under the following circumstances (non-exclusive list):

Non-payment of dues
Where you are in breach of any terms or conditions
Your use of the Service disrupts our business operations or affects any other party

You may request account termination at any time by contacting our Customer Service team either through email.

CONSENT TO COMMUNICATE DIGITALLY

Your use of the Site is conducted digitally and you agree that TBO holidays may communicate with You digitally for all aspects of your use of the Site, including sending you emails. If you do not wish to conduct digitally, do not use this Site. Delivery of email notices is not infallible. You agree to keep all records relating to your use of the Site and to print or make an electronic copy of these Terms and any disclosures provided on the Site. Except as prohibited by law, you waive any law requiring different communication methods in connection with your use of this Site. TBO Holidays reserves the right, at its sole discretion, to deliver notices and disclosures by other means as well.

LINKS TO THIRD PARTY SITES

This Website may contain hyperlinks to websites operated by parties. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

DATA PRIVACY

You hereby warrant that You have all the necessary consents and authorisation from the data subject for the transfer of such personal data to Us and authorize Us to proceed with all the subsequent transfers of data in order to complete the request and booking of the Services.

The personal information that We may collect from the service supplier, as well as any personal data which, in the use of this system, that You may disclose to Us shall be understood as obtained, treated and transmitted with strict observation of and in total compliance with the requirements set forth in EU GDPR 2016/679. In fulfilment of that stated in the EU GDPR 2016/679, both Parties undertake to observe professional secrecy regarding such data, even when their relationship has terminated and to ensure that the staff performing the Services abide by the aforementioned obligation.

If You should wish to exercise rights of access, rectification, cancellation or opposition granted by EU GDPR 2016/679, You may address Us at dpo@tboholidays.com indicating the performance requested regarding personal data and a copy of the passport of the Customer who is requesting this performance.

In the event of a breach of these commitments or any obligation derived from EU GDPR by You, including your employees or, as the case may be, by any contracted third parties, You shall be considered responsible for the processing thereof and fully accept all responsibility and liability for any claims against Us due to any kind of administrative sanctions being imposed by the relevant authorities, as well as any damages or losses in judicial or non-judicial proceedings brought against Us including, in any case, the costs of the fees payable to Legal Counsel, Court Liaisons or any other professionals, and such breach by You shall also be specifically considered reasonable for early termination of the rendered Services.

YOUR REPRESENTATIONS & WARRANTIES

You represent and warrant that:

you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms;
all information that you submit to us is true and accurate;
you are in compliance with all applicable laws and have made relevant filings/ declarations and have obtained requisite approvals and registrations under applicable laws;
you possesses the ability to perform the obligations under the Agreement in accordance with applicable laws;
you will keep your registration and Account information up to date;
you will be responsible for all use of your Account even if such use was conducted without your authority or permission;
you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
You shall not at any point of time display, disclose or otherwise communicate publish or promote / distribute / share TBO’s Rates or Inventory directly or indirectly to any B2C channel. For the purposes of this clause “Inventory” shall mean and include all of TBO’s products and services as listed on its System. “Rates” shall mean and include the individual pricing of each Inventory item, as available and mentioned on the System. B2C channel means directly available to end consumer (traveler) on an online platform.
The above is core and critical to the above Agreement and You shall be liable for the following for any breach.
- Penalty of $ 5,000 for each instance, to be paid upon first demand;
- Further, TBO may temporarily suspend OR completely terminate the Agreement per its discretion on breach of the above.

YOUR RESPONSIBILITY

When you apply to use our services, you will be provided with an Agent ID and will be required to select your password. The Agent ID and password are the means through which you access certain services (“Account”). You acknowledge and agree that it is your responsibility to safeguard the Agent ID and password from any unauthorized use. IN NO EVENT WILL TBO HOLIDAYS BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR AGENT ID OR PASSWORD.

Customers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account settings.

TERMS AND CONDITIONS FOR THE PROVIDING OF SERVICES

Cancellations

For each service booked and confirmed, You will be provided with a cancellation or amendment deadline along with any cancellation charges that will apply if cancelled or amended after the Deadline.

To avoid cancellation or amendment penalties, such confirmed travel should be cancelled or amended prior to the date and time specified in the cancellation and amendment deadline. Bookings cancelled or amended after the cancellation and amendment deadline and before the check-in date will be automatically invoiced with the cancellation or amendment charges.

No Shows

No show by the guest at the accommodation establishment without prior warning shall be considered a cancellation. There shall be no refunds applicable in the case of no shows.

Rates and Currency

Unless otherwise specified all rates quoted are net and non-commissionable, inclusive of all taxes and service charges except any city taxes, resort fee or other charges directly payable at the hotel by the guests.

You must pay the invoices in the same currency as they are raised. In case You are desirous of settling invoices in a different currency, we may allow so only at our discretion at an exchange rate determined by Us.

Booking Procedures for Hotels & Apartments

You must not use the online booking system for any bookings other than FIT bookings. Any booking containing 9 rooms or more either as a single or as a consolidated booking with the same check-in and check-out dates maybe considered by the Hotel as a Group booking, and is liable to be cancelled by the Hotel if found to be in violation of the booking procedure. For all Group bookings, please write to us at groups@tboholidays.com.

No Liability for Onward sales

Our contract for the sale of travel components is with You. A Guest purchasing travel services contracts with You and not Us. The Onward Sale of travel components is your responsibility. We do not accept any liability for Onward Sales to a guest nor do we accept liability for anything which may go wrong with a travel service. The classification of all accommodation is provided to us by the supplier of the accommodation. We are not responsible or liable for any errata or inaccurate information provided to us by the supplier including but not limited to images, descriptions, amenities/facilities, tariffs, reviews and any other information that the supplier uses to promote and market its properties.

We are not responsible or liable for any dispute between You and a guest arising from the Onward Sale of a travel service by You to a guest. If any claim is made against us following an Onward Sale by You, then You shall indemnify Us against all losses, fees, expenses and costs arising as a result of that claim.

Credit Card Chargeback

You may use your company credit card or guest’s credit card for bookings. A guest’s credit card must only be used to pay for bookings of the same Guest. You are solely responsible for ensuring that a genuine credit card is used for paying for bookings.

You take complete liability for any losses or damages arising out use of fake or stolen credit cards or from any chargeback.

Refunds

The refund shall be made to the original instrument used at the time of booking. In the event TBO is unable to immediately refund the amount, such amount shall lie as future available credit for the customer.

Declaration

You warrant that neither You nor any of your clients, stake holders or directors are on the list of Office of Foreign Assets Control (OFAC), Specially Designated Nationals (SDN) or Blocked Persons. You shall immediately advise us in writing if You or any of your shareholders or directors or clients are placed on the above lists.

PROHIBITED CONDUCT

Your use of the Service must be in compliance with the terms mentioned herein and the laws of your country at all times.

The following is a non-exclusive list of content, and behaviour prohibited:

Any content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
Any content that condones, promotes, contains, or links to hackers, or other piracy related information.
Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam.
Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectionable material.
Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any TBO Holidays service, solution or technology.

COPYRIGHT

The copyright in the contents of this website belong to TBO Holidays. Accordingly, TBO Holidays reserves all rights. Copying of part or all the contents of this website without permission of TBO Holidays is prohibited except to the extent that such copying is necessary for the purposes of availing of the Services herein.

AVAILABILITY OF SERVICES

The products and services displayed on the Site may not be available for purchase in your particular country or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular geographical location. You should check with your local TBO Holidays authorized representative for the availability of specific products and services in your area.

PRIVACY

The Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of personal information. Our Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: https://www.tboholidays.com/privacypolicy.aspx

LIMITATION OF LIABILITY

The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk. We make no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. We are not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by www.tboholidays.com.

In no event will we be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

TBO Holidays, its officers, directors, owners, agents and employees shall in no way be liable to You or anyone else for any loss or injury resulting from the use of the Service.

DISCLAIMER

THIS SITE AND ALL CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OF ANY KIND. TBOHOLIDAYS.COM GIVES NO EXPRESS WARRANTIES AND DISCLAIMS: (A) ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY CONTENT ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE AND CONTENT IS WITH YOU. IN ADDITION, TBOHOLIDAYS DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.

In no event shall TBO Holidays be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

INDEMNIFICATION

You agree to indemnify and hold TBO Holidays, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse TBO Holidays with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of these Terms or use by you or any third party of the Services.

FORCE MAJEURE

Neither party shall be responsible or liable for or deemed in breach of these Terms because of any delay or failure in the performance of these Terms due to any event or circumstance the occurrence and the effect of which the party affected thereby is unable to prevent and avoid, including, without limitation acts of God; government regulations, curtailment of transportation facilities, strikes, lock-outs or other industrial actions or trade disputes of whatever nature (whether involving employees of a party or a third party), terrorist attacks, haze, sabotage, riots, civil disturbances, insurrections, national emergencies (whether in fact or law), blockades, acts of war, (declared or not), etc. (a "Force Majeure Event"). The non-performing party shall give the other party written notice describing the particulars of the Force Majeure Event as soon as possible.

VARIATIONS

In the event of any variations in the payment terms, the billing cycle along with the due date of payment as mentioned in the invoice shall be treated as the final payment terms between the Parties.

INDEPENDENT CONTRACTOR

TBO Holidays and Customer are independent contractors. There is no relationship of partnership, joint venture, employment or franchise between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the parties’ prior written consent.

DISPUTE RESOLUTION

If any dispute arises between you and us during your use of the Service or thereafter, in connection with and arising from your use or attempt to use this Site and the Service, the dispute shall be referred to arbitration. Each Party shall mutually appoint a sole arbitrator. The place of arbitration shall be Dubai, United Arab Emirates. The arbitration proceedings shall be in the English language. The said arbitration proceedings shall conducted as per the procedures, rules and regulations mentioned in DIFC-LCIA Arbitration Centre and the accompanying rules.

GOVERNING LAW

These terms and conditions are governed by and shall be construed in accordance with the laws of the United Arab Emirates and any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Dubai, United Arab Emirates.

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