Terms of service
About these terms
1. When you complete your Booking, you accept these Terms and any other terms that you’re provided with during the booking process.
2. If anything in these Terms is (or becomes) invalid or, unenforceable:
· it will still be enforced to the fullest extent permitted by law
· you will still be bound by everything else in the Terms.
3. The English version of these Terms is the original. If there’s any dispute about the Terms, or any mismatch between the Terms in English and in another language, the Terms as they appear in English will apply. (You can change the language at the top of this page.)
A3. About TripFloric.com
1. We work with companies that provide local support services (e.g. Customer Support or account management). They don’t:
· control or manage our Platform
· have their own Platform
· have any legal or contractual relationship with you
· provide Travel Experiences
· represent us, enter into contracts or accept legal documents in our name
· operate as our ‘process or service agents’.
A4. Our Platform
1. We take reasonable care in providing our Platform, but we can’t guarantee that everything on it is accurate (we get information from the Service Providers). To the extent permitted by law, we can’t be held responsible for any errors, any interruptions, or any missing bits of information - although we will do everything we can to correct/fix them as soon as we can.
2. Our Platform is not a recommendation or endorsement of any Service Provider or its products, services, facilities, vehicles, etc.
3. We’re not a party to the terms between you and the Service Provider. The Service Provider is solely responsible for the Travel Experience.
4. To make a Booking, you may need to create an Account. Please make sure all your info (including payment and contact details) is correct and up to date, or you might find you can’t access your Travel Experience(s). You’re responsible for anything that happens with your Account, so please don’t let anyone else use it, and please keep your username and password secret.
5. We will show you the offers that are available to you, in (what we think is) the right language for you. You can change to another language whenever you like.
6. Unless otherwise indicated, you need to be at least 16 to use the Platform.
A5. Our values
1. You will:
· comply with all applicable laws
· cooperate with any anti-fraud/anti-money laundering checks we need to carry out
· not use the Platform to cause a nuisance or make fake Bookings
· use the Travel Experience and/or Platform for their intended purpose
· not cause any nuisance or damage, and not behave inappropriately to the Service Provider’s personnel (or anyone else, for that matter).
A6. Prices
1. When you make a Booking, you agree to pay the cost of the Travel Experience, including any charges and taxes that may apply.
2. Some of the prices you see may have been rounded to the nearest whole number. The price you pay will be based on the original, 'non-rounded' price (although the actual difference will be tiny anyway).
3. Obvious errors and misprints are not binding. For example: if you book a night in a luxury suite that was mistakenly offered for €1, we may simply cancel that Booking and refund anything you’ve paid.
4. A crossed-out price indicates the price of a like-for-like Booking without the price reduction applied (‘like-for-like’ means same dates, same policies, same quality of accommodation/vehicle/class of travel, etc.).
A7. Payment
1. For some services, the Service Provider will require an Upfront Payment and/or a payment taken during your Travel Experience.
· If we organise your payment, we (or, in some cases, our affiliate in the country your payment originates from) will be responsible for managing your payment and ensuring the completion of your transaction with our Service Provider. In this case, your payment constitutes final settlement of the 'due and payable' price.
· If the Service Provider charges you, this will usually be in person at the start of your Travel Experience, but it could also be (for example) that your credit card is charged when you book, or you pay when you check out of your Accommodation. This depends on the Upfront Payment policy of the Service Provider as communicated to you in the booking process.
2. If the Service Provider requires an Upfront Payment, it may be taken or pre-authorised when you make your Booking, and it may be non-refundable. So before your book, please check the Service Provider’s Upfront Payments policy (available during the booking process), which we don’t influence and aren’t responsible for.
3. If you know of or suspect any fraud or unauthorised use of your Payment Method, please contact your payment provider, who may cover any resulting charges, possibly minus an excess.
4. If the currency selected on the Platform isn't the same as the Service Provider's currency, we may:
· show prices in your own currency
· offer you the Pay In Your Own Currency option.
You’ll see our Currency Conversion Rate during checkout, in the Booking details of your Account, or (if you don’t have an Account) in the email we send you. If we charge you fees in connection with any such services, you’ll find the fee expressed as a percentage over European Central Bank rates. Your card issuer may charge you a foreign transaction fee.
5. We will store your Payment Method details for future transactions after collecting your consent.
A8. Policies
1. When you make a Booking, you accept the applicable policies as displayed in the booking process. You'll find each Service Provider's cancellation policy and any other policies (about age requirements, security/damage deposits, additional supplements for group Bookings, extra beds, breakfast, pets, cards accepted, etc.) on our Platform: on the Service Provider information pages, during the booking process, in the fine print, and/or in the confirmation email or ticket (if applicable).
2. If you cancel a Booking or don’t show up, any cancellation/no-show fee and any refund will depend on the Service Provider’s cancellation/no-show policy.
3. Some Bookings can’t be cancelled for free, while others can only be cancelled for free before a deadline.
4. If you book a Travel Experience by paying in advance (including all price components and/or a damage deposit if applicable), the Service Provider may cancel the Booking without notice if they can't collect the balance on the date specified. If they do, any non-refundable payment you’ve made will only be refunded at their discretion. It's your responsibility to make sure the payment goes ahead on time (that your bank, debit card or credit card details are correct, and that there's enough money available in your account).
5. If you think you're not going to arrive on time, please contact your Service Provider and tell them when they can expect you, so they don't cancel your Booking. If you’re late, we are not liable for the consequences (e.g. the cancellation of your Booking, or any fees the Service Provider may charge).
6. As the person making the Booking, you are responsible for the actions and behaviour (in relation to the Travel Experience) of everyone in the group. You are also responsible for obtaining their permission before providing us with their personal data.
A9. Privacy and cookies
1. If you book an accommodation, or tour, please see our Privacy and Cookies Statement for more information on privacy, cookies, and how we might contact you and process personal data
2. If you book ground transport, please see the TripFloric.com Privacy Statement as appropriate to find out how we process your personal data.
A10. Accessibility requests
1. If you have any accessibility requests:
· about our Platform and/or services, please contact our Customer Service team
· about your Travel Experience (wheelchair access, walk-in baths, etc.), please contact your Service Provider - or the airport, train station, etc.
A11. Credits & Wallet
Credits
1. You can put either Cash Credits or Travel Credits towards the cost of an eligible Travel Experience on a participating Platform (e.g. www.TripFloric.com or Upenta.com).
2. If that Travel Experience costs less than you have in Credits, your unused Credits will remain available in your Wallet.
3. If that Travel Experience costs more than you have in Credits, you must make up the rest of the cost in time, using another accepted Payment Method - or your purchase will be cancelled, and your Credits returned to your Wallet.
4. If you have various Credits with more than one expiration date, the Credits with the earliest expiration date will be used first.
5. If you cancel a Travel Experience that you’ve paid for (in part or in full) with Credits, the Service Provider’s cancellation policy will determine whether or not your money and/or Credits are refunded. Our Customer Service team will be able to refund any Credits that you may be entitled to.
6. You can cash out Cash Credits (but not Travel Credits) to a Payment Method.
7. Your Wallet’s default currency is determined by your location, residency or another currency we may elect. If you get any Credits or Credit Card Cashbacks in another currency, we’ll convert them to your default currency, or another currency we may elect, using our Currency Conversion Rate.
8. All Credits have an expiration date, which you’ll find in the ‘Credits’ section of your Wallet.
Wallet
9. All data, including personal data, will be processed in accordance with our privacy policy and applicable data protection laws and regulations. It will be shared with Group Companies or Service Providers as required by the Wallet programme.
10. Your obligations:
· You’re responsible for making sure that all information is (and stays) correct, complete and up to date
· If we ask you for proof of ID, please provide it within 30 days
· You’re responsible for keeping your Wallet sign-in details safe and secure.
11. If you don’t adhere to the rules in this section, we may automatically suspend or cancel your Wallet.
12. You may not use your Wallet in any way that is misleading, unfair or harmful.
13. We may set off/settle any or all of your Credits against any claim we (or TripFloric.com) have against you. We may do this at any time, and without advance notice.
14. We may change, suspend or end any aspect of the Wallet and Credits. In particular, we might change:
· these Wallet terms
· which users we allow to have a Wallet
15. We will make reasonable efforts to give you prior notice if we make any changes or stop providing Wallets altogether.
16. If we stop providing Wallets, all Credits that haven’t expired will be valid for another 12 months.
A12. Intellectual property rights
1. Unless otherwise stated, all rights in our Platform (technology, content, trademarks, look & feel, etc.) are owned by TripFloric.com (or its licensors: Upenta.com) and by using our Platform you agree to do so for its intended purpose only and respecting the conditions set out in this term of conditions.
2. You’re not allowed to monitor, copy, scrape/crawl, download, reproduce or otherwise use anything on our Platform for any commercial purpose without written permission of TripFloric.com or its licensors.
3. We keep a close eye on every visit to our Platform, and we’ll block anyone (and any automated system) we suspect of:
· conducting an unreasonable amount of searches
· using any device or software to gather prices or other information
· doing anything that places undue stress on our Platform.
4. By uploading any picture to our Platform (with a review, for example), you’re confirming that it complies with our criteria and that:
· it’s truthful (you haven’t altered the picture, for example, or uploaded a picture of a different property)
· it doesn’t contain any viruses
· you’re allowed to share it with us
· we’re allowed to use it on our platform and in relation to further commercial purposes (including in a promotional context), everywhere, forever (when you let us know we can no longer use it we will consider any such reasonable request)
· it doesn’t infringe the privacy rights of other people
· you accept full responsibility for any legal claims against TripFloric.com related to it.
5. Just to make it clear: we’re not responsible and liable for any picture uploaded to our Platform, we’re allowed to remove any picture upon our discretion (for instance, if we detect that a picture does not meet the above criteria).
A13. What if something goes wrong?
1. If you have a query or complaint, please contact our Customer Service team. You can do this by accessing your Booking, or through our Help Centre (where you’ll also find some useful FAQs). You can help us help you as quickly as possible - by providing:
· your Booking confirmation number, your contact details, your PIN code (if you have one) and the email address you used when you made your Booking
· a summary of the issue, including how you’d like us to help you
· any supporting documents (bank statement, pictures, receipts, etc.)
2. All queries and complaints are recorded, and the most urgent ones are treated as highest priority.
3. We do try to resolve disputes internally, and we’re not obliged to submit to any alternative dispute resolution procedures handled by independent providers.
A14. Communication with the Service Provider
1. We may help you communicate with your Service Provider, but we can’t guarantee that they’ll read anything from you, or that they’ll do what you ask. In itself, the fact that you contact them, or that they contact you, doesn’t mean you have any grounds for legal action.
A15. Measures against unacceptable behaviour
1. We have the right to stop you making any Bookings, to cancel any Bookings you’ve already made, and/or to stop you using our Platform, our Customer Service, and/or your Account. Of course, we’ll only do this if, in our opinion, there’s a good reason to - for example:
· fraud or abuse
· non-compliance with our values, or with applicable laws or regulations
· inappropriate or unlawful behaviour (e.g. violence, threats or invasion of privacy) in relation to us, any of the companies we work with – or anyone else, for that matter.
2. If we cancel a Booking as a result, you won’t be entitled to a refund. We may tell you why we've cancelled your Booking, unless telling you would (a) contravene applicable laws and/or (b) prevent or obstruct the detection or prevention of fraud or other illegal activities. If you believe we have incorrectly cancelled your Booking, please contact our Customer Service team.
A16. Limitation of liability
1. To the extent permitted by mandatory consumer law, we’ll only be liable for costs you incur as a direct result of a failure on our behalf. This means, to the extent permitted by law, we won’t be liable for (e.g.) any:
· indirect loss or indirect damage
· inaccurate information about a Service Provider
· product, service or action of a Service Provider or other business partner
· mistake in an email address, phone number or credit card number (unless it’s our fault)
· force majeure or event beyond our control.
2. If you are in breach of these Terms and/or the Service Provider’s terms, to the extent permitted by law:
· we won’t be liable for any costs you incur as a result, and
· you won’t be entitled to any refund.
3. To the extent permitted by law, the most that we, or any Service Provider, will be liable for is the cost of your Booking, as set out in your confirmation email.
4. Nothing in these terms will limit our (or the Service Provider’s) liability in respect of our (or their) own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation.
5. We don’t make any promises about Service Providers’ products and services (apart from what we expressly state in these Terms). Making the right choice(s) is entirely your responsibility.
6. Just to make it clear: nothing in these Terms will entitle any third party other than the Service Provider to anything.
7. You may be protected by mandatory consumer protection laws and regulations, which guarantee you rights that no company’s terms can overrule. In that case, our liability is determined not just by these Terms, but also by any applicable consumer protection laws and regulations.
A17. Linked travel arrangements
1. If:
· after selecting and paying for one travel service, you book additional travel services for your trip or holiday during the same visit to the Platform; or
· you book additional travel services for your trip or holiday via a link provided to you by us not later than 24 hours after receiving confirmation of your initial Booking with us,
you will NOT benefit from rights applying to packages. Therefore, we will not be responsible for the proper performance of those travel services. In case of problems, please contact the relevant Service Provider.
2. In either of these cases, the travel services will become part of a linked travel arrangement and not a package. In that case TripFloric.com has protection in place to refund your payments to TripFloric.com for services not performed because of TripFloric.com's insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant Service Provider.
3. Note: This insolvency protection does not cover contracts with parties other than TripFloric.com, which can be performed despite TripFloric.com's insolvency.
B. Accommodation
B1. Scope of this section
1. This section contains the specific terms for Accommodations products and services.
B2. Contractual relationship
1. When you make a Booking, it’s directly with the Service Provider. We’re not a ‘contractual party’ to your Booking.
2. TripFloric.com B.V. owns and operates the Platform.
3. Our Platform only shows Accommodations that have a commercial relationship with us, and it doesn’t necessarily show all their products or services.
4. Information about Service Providers (e.g. facilities, house rules and sustainability measures) and their Travel Experiences (e.g. prices, availability and cancellation policies) is based on what they provide to us. They’re responsible for making sure it’s accurate and up to date.
B3. What we will do
1. We provide the Platform on which Service Providers can promote and sell their Accommodations – and you can search for, compare and book them.
2. Once you’ve booked your Accommodation, we will provide you and the Service Provider with details of your Booking, including the names of the guest(s).
3. Depending on the terms of your Booking, we may be able to help you change or cancel it if you wish to.
B4. What you need to do
1. Fill in all your contact details correctly, so we and/or the Service Provider can provide you with information about your Booking and, if necessary, contact you.
2. Read these Terms and the terms displayed during the booking process carefully.
3. Take care of the Accommodation and its furniture, fixtures, electronics and other contents, and leave things in the same state they were when you got there. If anything is broken, damaged or lost, make sure you report it to the staff there (as soon as you can, and certainly before you check out).
4. Maintain the security of the Accommodation and its contents during your stay. So don’t, for example, leave doors or windows unlocked.
B5. Price and payment
1. See ‘Prices’ (A6) and ‘Payment’ (A7) above.
B6. Amendments, cancellations and refunds
1. See ‘Policies’ (A8) above.
B7. What else do you need to know?
We Price Match
1. We want you to get the best possible price every time. If, after you've booked your Accommodation with us, you find the same Accommodation (with the same conditions) for less on another website, we promise to refund the difference.
Partner offer
2. Some offers on our
Platform are marked as 'Partner offers', which means they come to us through a TripFloric.com partner company, rather than straight from a Service
Provider. Unless otherwise indicated, any Partner offer that you reserve:<
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