1.1 These terms and conditions of use (Terms) apply to your use, as the beneficiary organisation (Beneficiary Organisation), of the website and associated services, including, but not limited to, travel booking (Services) of Truecause Limited (Truecause), located at iwhaletravel.com (the Website) whose registered office is at c/o Wilkins Kennedy LLP, Bridge House, 4 Borough High Street, London, SE1 9QR (company number 09787662). These Terms do not alter in any way the terms or conditions of any other agreement the Beneficiary Organisation may have with Truecause, or its subsidiaries or affiliates, for products, services or otherwise. If the Beneficiary Organisation does not wish to be bound by these Terms and Conditions, the Beneficiary Organisation should not continue to use or access the Website or Services.
1.2 To the full extent permitted by applicable law, Truecause reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Website, at any time and at its sole discretion by providing notice that the Terms have been modified. Such notice may be provided by sending an email, by posting a notice on the Website, by posting the revised Terms on the Website and revising the date at the bottom of these Terms or by such other form of notice as determined by Truecause. The users continued use of this Website following the posting of the revised Terms or other notice of such changes will constitute its acceptance of such changes or modifications. Otherwise, any changes or modification will be effective within thirty (30) days of the posting of the revisions on the Website unless the users notifies Truecause within such thirty (30) days that it does not agree to the changes and stops using the Website. Therefore, the Beneficiary Organisation should review these Terms whenever its representatives access the Website and at least every thirty (30) days to make sure that those representatives understand the terms and conditions that will apply to their use of the Website.
1.4 Each of the obligations of Truecause contained in these Terms is subject to the separate terms and conditions applying to each user of the Website.
1.5 All questions or comments about the Website or its contents should be directed to http://www.iwhaletravel.com/about-us/
2.CONDITION FOR BOOKING
As a condition of making a Booking, you warrant that:
• you are at least 18 years of age;
• you have the authority to create a binding legal agreement with us and the relevant Hotel Reservation supplier(s);
• you will only make Bookings for you or for other persons for whom you have authority to make such Bookings (Other Persons);
• you will advise such Other Persons about these Terms (as updated by us from time to time) and any other applicable terms that apply to a Booking;
• all information supplied by you (including any information supplied on behalf of Other Persons) in respect of a Booking is accurate, complete and up to date; and
• you will comply with our Acceptable Use Policy set out below.
3. WHAT WE DO
http://iwhaletravel.com is a Website that provides online travel booking service and other tools to individuals and organisations.
4.PAYMENT FOR YOUR BOOKING
When you make payment for a Booking depends on whether you prepay for your Hotel Reservation (Prepaid Booking) or not, which will be notified to you prior to completion of your Booking.
Please note that taxes and fees vary between the two payment options. Tax rates and foreign exchange rates could change in the time between Booking and using the Hotel Reservation.
Coupons may be available but will always be subject to their own specific terms and conditions. If you wish to use a coupon, it can only be applied to Prepaid Bookings.
Prepaid Bookings (“Pay Now”)
Prepaid Bookings are paid for by you at the time of making the Booking. You authorise us to make the Booking for the total reservation price, which includes the Hotel Reservation rate, displayed by our Affiliate, plus taxes and service fees, and any additional booking fee separately charged by our Affiliate (Total Price). If prepayment for your Booking is required or you choose to pay at the time of Booking, we, one of our Group Members or our Affiliates will immediately charge the Total Price to your credit card in the currency displayed on the site or as default in US dollars.
If prepayment for your Booking is not required, you can choose to pay at the time you use the Hotel Reservation. If you select this “pay later” option, the applicable Hotel Reservation supplier will take payment for the Hotel Reservation in the local currency at the time you use the Hotel Reservation.
In the event that your payment is taken at the time of Booking, the company taking that payment and charging your credit card will be a Group Member or an Affiliate doing business on behalf of us or our Group Member, who takes such payment on behalf of the provider of the Hotel Reservation. Some bank and card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand, e.g. Visa, MasterCard, American Express) are in different countries. The currency exchange rate, if applicable, and any transaction fee is determined solely by the bank or other agency processing the transaction. These fees may be applied by the card issuer as a charge to the cardholders account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on our Information. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.
Some accommodation suppliers may require you and/or the Other Persons to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by us for your Booking.
5.CANCELLATION OR MAKING CHANGES TO YOUR BOOKING
The Rules will set out the applicable cancellation period during which you can cancel or make changes to your Booking (the Cancellation Period). In limited cases, some Bookings cannot be changed or cancelled after they are made and this will be indicated in the specific hotel’s cancellation policy.
If permitted, you may cancel or change your prepaid Booking during the Cancellation Period but you will be charged the applicable cancellation or change fee as set out in the specific hotel’s cancellation policy.
If you are allowed to cancel or make changes to your Booking but do not do so before the end of the Cancellation Period, you will be liable to pay the Total Price whether or not you use the Hotel Reservation or not.
If you do not show for the first night of your Booking but plan to check-in for subsequent nights, you must confirm with our Affiliate no later than the date of the first night of your reservation. Failure to do so may result in your Booking being cancelled and you being charged the Total Price.
Please note that we cannot guarantee reservations for 8 or more rooms with any accommodation supplier for the same accommodation stay dates (Group Booking). If you make a Group Booking online, we may cancel such Group Booking and charge you any cancellation fee set out in the Rules. If you paid a non-refundable deposit in respect of your Group Booking, your deposit will be forfeited.
If any Booking (including any associated payment cards) shows signs or is connected to any suspected fraud, abuse or suspicious activity, we or our Affiliate may cancel any Booking associated with your name or email address. In addition, we may verify (i.e. preauthorize) any credit card used for payment of a Booking. If you or the holder of any credit card used for payment of a Booking have conducted any fraudulent activity, we reserve the right to take any necessary legal action and you and/or the card holder may be liable for our and our Group Member’s losses, including litigation costs and damages. To contest the cancellation of a Booking, please contact our Affiliate.
If your Hotel Reservation has been provided to you in conjunction with another travel product (e.g. a flight) (a Package), then the Affiliate who has provided this Package to you will be responsible for any changes regarding that Package.
The supplier of the Hotel Reservations to you is travelforcharity.net, Truecause Limited., You acknowledge that, except as provided below with respect to tax obligations on the amount we retain for our services, we do not collect taxes for remittance to applicable taxing authorities. The hotel suppliers invoice us for certain charges, including, where appropriate, tax amounts. The hotel suppliers remit the applicable taxes to the applicable taxing jurisdictions. The tax recovery charges which we charge you on prepaid hotel transactions represent the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that we pay to the hotel supplier for taxes due on the rental of the room. They do not represent a collection of taxes from you for us to remit to the applicable tax authorities. The actual tax amounts paid by us to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of your actual use of the Hotel Reservation. We retain our service fees as compensation for servicing your Booking. Our service fees vary based on the amount and type of Hotel Reservation.
We do not act as co-seller with the hotel supplier with whom we book or reserve your Hotel Reservation. Taxability and the appropriate tax rate vary depending on the location.
You acknowledge that authorities in certain countries may impose additional sales, use and/or local hotel occupancy taxes (for example a tourist tax), which have to be paid locally. You are solely responsible for paying such additional taxes.For hotel stays in New York State, but outside of New York City, for example, tax recovery charges, as described above, are collected to cover the taxes due on the rent received by the hotel for the room and there is no local hotel occupancy tax due on our services. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
You are responsible for ensuring that you meet any applicable foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met.
By offering Hotel Reservations in particular international destinations, we do not represent or warrant that travel to such areas is advisable or without risk, and are not liable for damages or losses that may result from travel to such destinations. We recommend you check your country’s foreign travel guidance for further details.
We and our Group Members will make reasonable efforts to update our Information to ensure its accuracy. However, our Information is provided by the suppliers of our Hotel Reservations. As such:
• our Information may be changed, enhanced, amended or deleted at any time, any non-availability or change may occur at any time without notice and without liability to us or our Group Members;
• we disclaim all liability for any errors or other inaccuracies relating to our Information, (including, without limitation, the pricing of Hotel Reservations, photographs of hotels, lists of hotel amenities and general hotel descriptions);
• we make no guarantees about the availability of specific Hotel Reservations;
• we make no representations about the suitability of our Information for any purpose;
• hotel ratings displayed in our Information are intended as general guidelines only and we and our Group Members cannot guarantee the accuracy of such ratings;
• the inclusion or offering of any Hotel Reservation does not constitute any endorsement or recommendation of such Hotel Reservation by us or our Group Members;
• disclaim all warranties and conditions that our Information, and services or any email sent from us, or our Group Members are free of viruses or other harmful components and all our Information; and
• services are provided “as is” without warranty of any kind.
We expressly reserve the right to correct any pricing errors and/or pending Bookings made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending Booking at the amended price or you may cancel your Booking without penalty.
12.OUR LIABILITY TO YOU
The hotels and other suppliers providing Hotel Reservations to us are independent contractors and not agents or employees of us, or our Group Members. We and our Group Members are not liable for:
• the acts, errors, omissions, representations, warranties, breaches or negligence of any Affiliate or the suppliers of the Hotel Reservations; or
• for any personal injury, death, property damage, or other damages or expenses resulting there from.
We and our Group Members have no liability and will make no refund in the event of any:
• force majeure; or
• other causes beyond our direct control;
and we have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.To the fullest extent permitted by applicable law, in no event shall we or our Group Members be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with:
• your access to our Information; or
• the delay or inability to access our Information (including, but not limited to, any computer viruses, information, software, linked sites, and Bookings);
whether based on negligence, contract, tort, strict liability, consumer protection law, or otherwise, and even if we or our Group Members have been advised of the possibility of such damages.
If, despite the limitation above, we or our Group Members are found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described above, then the liability of us, or our Group Members will in no event exceed, in the aggregate, the greater of:
• the Booking fee you paid to us, our Group Member or Affiliate in connection with the relevant Booking; or
• One Hundred Dollars (US$100.00) or the equivalent in local currency.
We do not exclude or limit in any way our liability for anything which cannot be excluded by applicable law.
The limitation of liability reflects the allocation of risk between you and us.
The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
The limitations of liability provided in these Terms inure to the benefit of us and our Group Members.
13.2 You should check the privacy provisions of the payment providers to understand how that company will collect, use or disclose your information.
14. COPYRIGHT AND LIMITED LICENSE
14.1 All intellectual property rights in any material (including text, photographs and other images, trademarks and logos) contained in the Website is either owned by Truecause or has been licensed to Truecause by the rights’ owner(s) so that Truecause can use this material as part of its Website and Services.
14.2 The Beneficiary Organisation hereby grants to Truecause, its affiliates and its partners a non exclusive licence to use its Trademark solely in connection with the Website and Services and its operation and promotion and for no other purpose whatsoever.
14.3 The licence shall terminate automatically on expiry or termination of the terms of the Beneficiary Organisation’s membership.
15.LIMITATION OF LIABLILITY
15.1 Truecause, as operator of the Website and Services, acts as an intermediary between the Beneficiary Organisation and the individual users of the Website and Services and to the fullest extent permitted by applicable law:
1. (a) in no event shall Truecause, its directors, members, employees or agents be liable for any special, direct, indirect or consequential damages or any damages, including but not limited to loss of use, loss of donations, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Website, the Services, the content or the materials contained in or accessed through the Website, including without limitation any damages caused by or resulting from reliance by users on any information obtained from Truecause, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to Truecause’s records, programs or services; and
2. (b) in no event shall the aggregate liability of Truecause, whether in contract, warranty, tort (including negligence), product liability or strict liability, arising out of or relating to the use of or inability to use the Website or the Services or to these Terms exceed any fees paid by the Beneficiary Organisation, if any, to Truecause for access to or use of the Website or the Services.
16.APPLICABLE LAW AND JURIDICTION
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of England and Wales. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the Courts of England and Wales regarding any action or proceedings arising out of these Terms.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
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