Terms & Conditions

Version: 1 AUGUST 2019

TRVL MEMBER TERMS AND CONDITIONS

TRVL is a service of TRVL Magazine B.V, located in Rotterdam, the Netherlands and having its registered office in (2685 DC) Poeldijk at ABC Westland 271. TRVL Magazine B.V. is registered in the Dutch Register of Companies under Chamber of Commerce number 52471764.

Article 1 Definitions

In these Terms and Conditions the following definitions apply:

  • Terms and Conditions: these terms and conditions;

  • Web Sites: the website of TRVL www.trvl.com, beta.trvl.com, www.trvl-hotels.com and any related websites;

  • Sub Sites: Any page on the Web Sites that is branded by the TRVL Member including the TRVL Member’s profile page and the pages on the Web Sites through which a TRVL Member provides customised recommendations to the Traveler;

  • TRVL Community: the communication and the sharing of information and recommendations between TRVL Members that is facilitated by TRVL;

  • Platform: the platform made available by TRVL through the Web Sites, Sub Sites, Apps and the TRVL Community;

  • TRVL’s Services: access to and use of the Web Sites, Sub Sites, Platform, Apps and the TRVL Community;

  • TRVL Member’s Services: the provision of recommendations and information through the Web Sites, Sub Sites, Platform, Apps and the TRVL Community;

  • TRVL Member: each person or company that has registered with TRVL as a TRVL Member and for that purpose uses the Web Sites, Sub Sites, Platform, Apps and the TRVL Community, also referred to in these Terms and Conditions as ‘you’;

  • TRVL’s Paid Subscription Services: access to and use of a premium part of the Web Sites, Sub Sites, Platform and Apps.

  • TRVL Member: each person or company that has registered with TRVL as a TRVL Member and for that purpose uses the Web Sites, Sub Sites, Platform and Apps, also referred to in these Terms and Conditions as ‘you’. For completeness sake, the term TRVL Member does not imply by any means that either TRVL or the TRVL Member runs a travel agency or are resellers of travel services;

  • Traveler: each person who uses a Travel Service that is booked through the Web Sites, Sub Sites, Platform, Apps or the TRVL Community;

  • Travel Service: any services of a Travel Service Provider booked with a Booking Service Provider through the Web Sites, Sub Sites, Platform, Apps or the TRVL Community;

  • Booking Service Provider: the third-party service provider who facilitates the Booking.

  • Travel Service Provider: the third-party service provider who provides the booked (travel) service to the Traveler;

  • Booking: the agreement between a Travel Service Provider and a Traveler, facilitated by the Booking Service Provider;

  • Privacy Statement: the privacy statement of TRVL;

  • TRVL Member Commission: the Commission that TRVL pays to the TRVL Member for each Materialised Transaction;

  • Materialised Transaction: the Booking, made through the Web Sites, Sub Sites, Platform, Apps or the TRVL Community, for which TRVL has received payment of its commission from the Booking Service Provider. This excludes Void Transactions, cancelled or no-stay Bookings;

  • Travel Content: all content provided by Booking Service Providers through the Web Sites, Sub Sites, Platform, Apps and the TRVL Community;

  • Editorial Content: All content other than Travel Content provided by TRVL, by TRVL Members and other third parties through the Web Sites, Sub Sites, Platform, Apps and the TRVL community.

Article 2 General

  1. These Terms and Conditions are applicable to the use of TRVL’s Services by you, as well as to all resulting or related legal relationships between TRVL and you.

  2. By using TRVL’s Services, you agree with the applicability of these Terms and Conditions and the Privacy Statement. The Terms and Conditions shall also be handed to you prior to your registration with TRVL as a TRVL Member. By registering you have (once more) accepted these Terms and Conditions.

  3. If any of the provisions in the Terms and Conditions are null and void - or are declared null and void -, the other provisions shall remain in force. The replacing provision must be agreed as much as possible in view of the purpose and the intention of the original provision.

  4. Ambiguities regarding the contents of the Terms and Conditions or situations not covered by these Terms and Conditions shall be assessed in accordance with the spirit of these Terms and Conditions.

  5. TRVL is entitled to amend or complement the Terms and Conditions. In that case you agree with the amended terms and conditions by using - or by continuing to use - the Web Sites, Sub Sites, Platform, Apps and the TRVL Community. You shall be informed about the amended terms and conditions at the e-mail address specified by you. It is advisable to read the Terms and Conditions again from time to time. Changes are effective upon publication on the Web Sites and Sub Sites.

  6. You warrant that you’re not resident, or acting via any entity incorporated in or resident in a country subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department's Office of Foreign Assets Control (“ OFAC” ) or are listed as a "Specially Designated National," a "Specially Designated Global Terrorist," a "Blocked Person," or similar designation under the OFAC sanctions regime.

Article 3 The use of TRVL’s Services

  1. TRVL makes available the Web Sites, Sub Sites, Platform, Apps and the TRVL Community for the provision of the TRVL Member’s Services by you. TRVL’s responsibilities are limited to facilitating the availability of TRVL's Services.

  2. TRVL is not a travel agency, travel organizer or provider or trader of travel services and TRVL is not responsible in any way for any booked Travel Services.

  3. Through the Web Sites, Sub Sites, Platform, Apps and the TRVL Community, TRVL shows information relating to services provided by the Booking Services Providers (the Travel Content). TRVL’s Platform has automated connections with the Booking Service Providers through which the Travel Content is shown on the Web Sites, Sub Sites, Platform, Apps and the TRVL Community. Any Travel Content is subject to change by the Booking Service Provider at any time and without prior notification. TRVL has no obligation to review or moderate the Travel Content or any other information submitted by the Booking Service Providers and TRVL cannot guarantee its completeness and accuracy.

  4. You can add content to the Web Sites, Sub Sites, Platform, Apps and the TRVL Community. All the content you submit, including recommendations or other information you make available, is collectively called Editorial Content. By submitting Editorial Content you grant TRVL a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Editorial Content of yours throughout the world in any media, now known or hereafter devised; (b) make your Editorial Content available to the rest of the world and to let others do the same; (c) to provide, promote, and improve the Services and to make your Editorial Content shared on the Services available to other companies, organisations or individuals for the syndication, broadcast, distribution, promotion or publication of such Editorial Content of yours on other media and services, subject to our Privacy Statement and these Terms and Conditions; and (d) use the name and/or trademark that you submit in connection with such Editorial Content of yours.

  5. Through the Web Sites, Sub Sites, Platform, Apps and the TRVL Community, TRVL may also show Editorial Content provided by others. TRVL has no obligation to review or moderate any Editorial Content and cannot guarantee its completeness and accuracy. TRVL may adjust any Editorial Content on the Web Sites, Sub Sites, Platform, Apps and the TRVL Community at any time and without prior notification.

  6. The Web Sites, Sub Sites, Platform, Apps and the TRVL Community are in beta. TRVL does not accept liability for any damage caused by the use of the Web Sites, Sub Sites, Platform, Apps and the TRVL Community, the (non-)functioning of the Web Sites, Sub Sites, Platform, Apps and the TRVL Community or for interruptions or disruptions in the access to the Web Sites, Sub Sites, Platform, Apps and the TRVL Community. TRVL does not guarantee that the Web Sites, Sub Sites, Platform, Apps and the TRVL Community are free of malware.

  7. TRVL may make available updates, enhancements and/or modifications to the Web Sites, Sub Sites, Platform, Apps and the TRVL Community, at its sole discretion, but is under no obligation to do so. When made available to you, such updates, enhancements and/or modifications shall be subject to all conditions of these Terms and Conditions.

Article 4 The Booking of Travel Services

  1. TRVL’s relationship with the Booking Service Providers is limited to the provision of affiliate marketing services. Therefore, TRVL does not process any Bookings. Instead, on the Web Sites, Sub Sites, Platform, Apps and the TRVL Community, white-labelled checkout forms of the respective Booking Service Providers are embedded through which the Booking is made. These checkout forms are hosted, operated and managed by the Booking Service Providers. TRVL is not responsible for the functioning of these checkout forms and accept no liability for any damage caused by the use of the checkout forms. YOU ARE SOLELY RESPONSIBLE TO CHECK THE BOOKING DETAILS (INCLUDING THE TRAVELING DATES, THE NUMBER OF PEOPLE YOU ARE TRAVELING WITH, THE NAMES OF THE TRAVELERS, PASSPORT NUMBERS, BIRTHDATES, ETC.) IN THE CHECKOUT FORMS BEFORE YOU MAKE A BOOKING.

  2. An up to date list of Booking Services Providers we currently work with is shown at the bottom of these Terms and Conditions.

  3. Through the checkout forms, you will make the Booking directly with the Travel Service Provider. TRVL is not party to any contractual relationship resulting from such Booking. You only enter into contractual relationships with the Booking Service Provider and the Travel Service Provider and their terms and conditions shall apply to the Booking you make. The Booking Service Providers and the Travel Services Providers are solely responsible for the fulfilment of the Travel Services booked by you.

  4. When you make a Booking your payment information will be collected and transmitted to the Booking Services Provider to complete the transaction. TRVL will not handle the payment of any Booking; payments are always made to the Booking Services Providers directly. The Booking Service Providers are responsible for all payment related matters.

  5. In the unlikely event that a Travel Service is available when you make a Booking, but becomes unavailable prior to check-in, your sole remedy will be to contact the Booking Service Supplier to make alternative arrangements or to cancel your reservation.

  6. Any support and customer services activities (including, but not limited to changes to a booking, cancellations and complaints) with respect to Bookings should be performed by the Booking Services Provider and/or the Travel Service Provider.

Article 5 The Use of the TRVL Community

  1. TRVL facilitates the communication and the sharing of information and recommendations between TRVL Members. This may be done via contain discussion forums, bulletin boards, review services, private communication channels, travel feeds or other forums in which you may post and share your Editorial Content, such as reviews of travel experiences, messages, materials or other items. This is collectively called the TRVL Community.

  2. TRVL Community's explicit purpose is to to help each TRVL Member to better perform the TRVL Member Services by making the collective knowledge and expertise of TRVL Members available to each individual TRVL Member;

  3. TRVL Community is a collaborative environment, not a transactional one. When the Editorial Content that you provide is used to perform the TRVL Member Services or to make a Booking, you are not entitled to any type of compensation or payment from TRVL or TRVL Members.

  4. You warrant that the information and recommendations that you provide to TRVL Members is true, accurate and helpful, and that you will always honour the collaborative purpose and the cordial spirit of the TRVL Community.

  5. It's strictly forbidden to recommend or otherwise promote a hotel that you are personally involved with, directly or indirectly.

  6. You are solely responsible for your use of the TRVL Community and use it at your own risk. TRVL does not guarantee any confidentiality with respect to any of the Editorial Content you provide to the TRVL Community. You further agree that TRVL may monitor the communication in the private communication channels between TRVL Members that TRVL provides in order to help safeguard our community and the TRVL Services.

Article 6 Intellectual Property

  1. Any materials on the Web Sites, Sub Sites, Platform, Apps and the TRVL Community (such as content, imagery, design, brand names, trade marks, logo’s, code base, technology, etc.) are protected by copyrights. It is not permitted to alter, publish, copy, multiply and/or tinker with any contents or code base obtained from or through the Web Sites, Sub Sites, Platform, Apps and the TRVL Community without the explicit and written consent of TRVL.

  2. TRVL is a registered and protected brand name. It is not permitted to make use of the name TRVL in any way unless they are embedded in marketing materials for which TRVL has allowed you a right of usage or when you have explicit and written consent of TRVL.

Article 7 Registration as TRVL Member

  1. TRVL’s Services are solely intended for persons who are 18 or older. When a company registers as a TRVL Member, the person using TRVL’s Services on behalf of that company needs to be 18 or older. Any access to or use of TRVL’s Services by anyone under 18 is expressly prohibited. By accessing or using TRVL’s Services you represent and warrant that you are 18 or older.

  2. In order to become a TRVL Member you have to create an account by filling out the online registration form, providing all required information and by choosing a username and password.

  3. If you are creating a TRVL account for commercial purposes and are accepting these Terms and Conditions on behalf of a company, organisation, or other legal entity, you represent and warrant that you are authorised to do so and have the authority to bind such entity to these Terms and Conditions, in which case the words “you” and “your” as used in these Terms and Conditions shall refer to such entity.

  4. Your relationship with TRVL is limited to your registration with TRVL and your use of TRVL’s Services. You are not an employee, joint venture, franchisee or partner of TRVL, the Booking Service Provider or the Travel Service Providers for any reason nor do you have power or authority to act on behalf of or represent TRVL, the Booking Service Provider or the Travel Service Providers in any way. You shall never imply or otherwise suggest towards third parties that your relationship with TRVL, the Booking Service Provider or the Travel Service Provider is any other than described in these Terms and Conditions.

  5. You, when registering as a TRVL Member, represent and warrant that all registration information is truthful and accurate and that it will be updated as and when necessary to keep it accurate and up to date.

  6. You will notify TRVL immediately if you suspect unauthorised use of or access to your account and/or password. You are solely responsible for any and all use of your account.

  7. TRVL will not have any liability to you or others for any unauthorised Bookings made using your password or account. The unauthorised use of your password or account could cause you to incur liability to TRVL and/or others.

  8. You represent and warrant that you shall handle any personal and financial information provided to you by the Traveler with due care and you shall not use and/or trade such information in any way.

Article 8 The provision of the TRVL Member’s Services

  1. You can use the Web Sites, Sub Sites, Platform, Apps and the TRVL Community to provide TRVL Member’s Services.Your role as a TRVL Member is to inspire your Travelers by curating Travel Services for them, out of which they can select the Travel Services they wish to consume.

  2. You will NOT use the Web Sites, Sub Sites, Platform, Apps and the TRVL Community to promote any services other than TRVL Member’s Services, the provision of recommendations and information regarding Travel Services that can be booked on TRVL’s platform. If you promote other, non-TRVL platform related services on the Platform, Apps and the TRVL Community TRVL is entitled to pause, or even terminate your TRVL Member’s account.

  3. You are solely responsible for any materials in the form of text, images and videos that you add or upload to the Web Sites, Sub Sites, Platform, Apps and the TRVL Community and represent and warrant that you are the sole and exclusive owner of these materials and that the publication of the contents does not infringe or violate any third party (intellectual property) rights. You shall indemnify and hold TRVL harmless for any infringement or violation of any third party (intellectual property) rights.

  4. TRVL is entitled to pause, or even terminate your TRVL Member’s account, at its own discretion, if the Editorial Content in any way (i) discriminates or advocates or endorses discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability; (ii) includes material that is libellous, defamatory, obscene, pornographic, sexually explicit, abusive, offers or advocates unlawful activities; (iii) contains or promotes deceptive, false or misleading information; or, (iv) includes material that constitutes, involves or contributes to any violation of law or Intellectual Property Rights or other rights of third parties, or (v) you violate article 2.6 of these Terms and Conditions.

  5. You shall treat all Travelers respectfully. When the Traveler contacts you with questions, problems or complaints, you shall properly and timely address those. TRVL has the right to monitor Traveler satisfaction without informing you.

  6. As a TRVL Member you will not advertise or otherwise suggest that you are an organizer of (package) trips or a trader of (package) travel services.

  7. The Traveler will make the Booking directly with the Booking Service Provider. Neither TRVL nor you are a party to any contractual relationship following from such Booking. Only the Traveler enters into a contractual relationship with the Booking Service Provider and the terms and conditions of this Booking Service Provider shall apply.

  8. You can only provide the TRVL Member’s Services to the Traveler in the capacity of a TRVL Member through the Web Sites, Sub Sites, Platform, Apps and the TRVL Community. Any services provided to the Traveler by you outside the Web Sites, Sub Sites, Platform, Apps and the TRVL Community are not covered by these Terms and Conditions.

Article 9 TRVL Member Commission and invoicing

  1. For each Materialised Transaction you will earn a TRVL Member Commission. Such TRVL Member Commission shall be accrued until it becomes payable. The accrued TRVL Member Commissions become payable when, in total, they exceed US$25 or equivalent thereof of the currency elected by you.

  2. TRVL calculates all TRVL Member Commissions in USD. You can elect to view the TRVL Member Commission in another currency in your dashboard and/or receive the TRVL Member Commission in another currency. In such case, TRVL shall pay out the elected currency equivalent of the USD amount at the time of payout and any foreign exchange result and conversion costs charged, if applicable, shall be for your expense.

  3. The systems, books and records of TRVL shall be considered conclusive evidence in respect of the amount of the TRVL Member Commission due to the TRVL Member under these TRVL Member Terms and Conditions.

  4. Payouts shall take place once a month in a batch payment, on or before the 5th day of each month, and between 30-60 days after the checkout date from the Travel Service Provider.

  5. All TRVL Member Commission payouts will be made by direct bank transfer, into the bank account specified by you, or the organisation you belong to. TRVL works with TransferWise Ltd who handles all money transfers. The money will be directly transferred by TransferWise and will appear on your bank account statement under the name “Transferwise”. It is your responsibility to provide TRVL and TransferWise Ltd. with correct payment details. Any Commissions charged in relation to the payment shall be for your expense and be settled with your TRVL Member Commission.

  6. If you are a registered business, on your request, TRVL will operate and you will accept, a “self-invoicing” system for any TRVL Member Commissions due. On or before the 5th day of each month, TRVL shall provide you with a credit invoice stating the TRVL Member Commissions of the next batch payment. TRVL does not accept any invoices sent by you for any TRVL Member Commissions.

  7. If you are a resident of an EU member state, your TRVL Member Commission shall be excluding VAT and inclusive of any other taxes that may be due on or withheld from the TRVL Member Commission.

  8. If you are a resident of a state that is not an EU member state, your TRVL Member Commission shall be inclusive of any taxes that may be due on or withheld from the TRVL Member Commission.

Article 10 Termination

  1. These TRVL Member Terms and Conditions will remain in full force and effect while you use TRVL’s Services or as long as you are a TRVL Member.

  2. You may terminate your registration and these TRVL Member Terms and Conditions at any time by cancelling your registration through the Web Sites. By terminating your registration, you agree that TRVL may delete your Sub Sites and all its contents as well as your account information.

  3. TRVL may terminate your registration with TRVL and these TRVL Member Terms and Conditions for convenience at any time and at its sole discretion by giving you a 30 days’ notice via email to the registered email address.

  4. TRVL may immediately, without notice and without settlement of the TRVL Member Commission, terminate the membership and these TRVL Member Terms and Conditions if

  5. i) you have materially breached these TRVL Member Terms and Conditions;

  6. ii) you have provided inaccurate, fraudulent, outdated or incomplete information in your registration;

  7. iii) you have acted in any way that damages TRVL, the Booking Service Providers or the Travel Service Providers;

  8. iv) you have violated applicable laws, regulations or third party rights.

  9. Upon termination of the membership and the TRVL Member Terms of Conditions by either party, you may no longer access or use the Web Sites, Sub Sites, Platform, Apps and the TRVL Community. You shall indemnify TRVL for all and any damage arising from the denial of access to TRVL’s Services or blocking your Sub Sites. Any provision of the TRVL Member Terms and Conditions that by its nature or express terms should survive will survive such termination or expiration.

Article 11 Liability and Indemnification

  1. TRVL does not accept liability for any acts or omissions by you or any Booking Service Provider or Travel Services Provider. TRVL does not accept liability for any direct or indirect damage incurred by you, for example caused by down time or malfunctioning of the Web Sites, Sub Sites, Platform, Apps and the TRVL Community, unless the damage can be blamed on gross negligence or wilful intent on the part of TRVL.

  2. TRVL does not accept liability for any damage of whatever nature, caused by TRVL assuming that all data provided by or due to the TRVL Member are accurate, even when these later turn out to be incorrect and/or incomplete.

  3. If TRVL is unable to fulfil its obligations, not in time or not properly due to exterior causes and circumstances, whether foreseen or not, which reasonably cannot be attributed to TRVL (force majeure), such obligations shall be postponed until the moment when TRVL is able to fulfil its obligations in the agreed manner after all. Force majeure includes but is not limited to strikes, stagnation in the daily routine within its enterprise, including but not limited to disability or death of the person carrying out the assignment, computer breakdown and a general lack of resources or services needed to carry out the agreed performance.

  4. Notwithstanding anything to the contrary contained in this clause, TRVL’s total liability towards you will at all times be limited to the TRVL Member Commission earned in the month in which the issue arose and in the two months preceding the month in which the issue arose.

  5. You hold TRVL harmless from and against any claims, liabilities, damages and expenses including reasonable legal and accounting commissions, arising out of or in any way connected with the use by you of the Web Sites, Sub Sites, Platform, Apps and the TRVL Community, the contents on your Sub Sites and the recommendations provided to Travelers. This indemnification includes without limitation claims of Travelers on you.

  6. You yourself are held liable to take care of your login data, including but not limited to the non-disclosure and security thereof.

Article 12 Specific Beta Warranty Conditions

  1. You understand that the Web Sites, Sub Sites, Platform, Apps and the TRVL Community are experimental and that TRVL does not warrant the Web Sites, Sub Sites, Platform, Apps and the TRVL Community in any way, including performance of features of the Web Sites, Sub Sites, Platform, Apps and the TRVL Community. All warranties regarding the Web Sites, Sub Sites, Platform, Apps and the TRVL Community, including, without limitation, all warranties of fitness for a particular purpose, merchantability, non-infringement, or any other warranty, whether express or implied, are hereby disclaimed by TRVL. The Web Sites, Sub Sites, Platform, Apps and the TRVL Community are provided “as is” for evaluation and testing purposes, and owing to this experimental nature you are advised not to rely on the features or performance of the Web Sites, Sub Sites, Platform, Apps and the TRVL Community for any reason. You agree to use the Web Sites, Sub Sites, Platform, Apps and the TRVL Community with all due caution, and to take every precaution to ensure the integrity of data, hardware, and the Web Site, Sub Sites and Platform in the Web Sites, Sub Sites, Platform, Apps and the TRVL Community’s operating environment. You further agree that TRVL shall not be held liable for any damages, including but not limited to direct, indirect, incidental, special of consequential damages or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract of tort, even if TRVL has been advised of the possibility of such damages. In no event shall TRVL’s liability for damages hereunder exceed the amounts as referred to under clause 9.4 of these Terms and Conditions.

Article 13 Miscellaneous provisions

  1. These Terms and Conditions shall remain in force if TRVL changes names, legal structures or owners.

  2. All agreements between TRVL, the TRVL Member and the Traveler shall be construed in accordance with and are governed by Dutch law. All and any disputes arising from an agreement between TRVL, the TRVL Member and the Traveler shall be brought before the competent court of law in Amsterdam unless TRVL chooses another court or another way of dispute resolution. Each party consents to the jurisdiction and venue of these courts for any dispute alleging a breach of these Terms and Conditions, and waives any objection that such action or proceeding was brought in an inconvenient court and agrees not to plead or claim the same.

TRVL works with Booking Service Providers whose terms and conditions shall apply when you book services with them through the Web Sites, Sub Sites, Platform, Apps and the TRVL Community. Please find links to their terms and conditions below.

Booking.com

Expedia

Priceline

Agoda

Ean, branded as Hotels.com