Terms of Service
IN PARTICULAR, PARTNERS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR COUNTRIES. SOME COUNTRIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO SERVICE PAYING TRIPPERS FOR SHORT AND LONG PERIODS. THESE LAWS ARE OFTEN PART OF A COUNTRY'S GOVERNMENT ADMINISTRATION. IN MANY COUNTRIES, PARTNERS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE PROVIDING A SERVICE OR ACCEPTING CUSTOMERS. CERTAIN TYPES OF SERVICES OR ACTIVITIES MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. PARTNERS SHOULD REVIEW LOCAL LAWS BEFORE POSTING A PACKAGE ON YOUTRIPPER.
1. Key Terms
youtripper provides an online platform that connects providers who have activities and services to list and book with customers seeking to book such activities and services in forms of packages (collectively, the "Activities"), which Activities are accessible at www.youtripper.com and any other websites through which youtripper makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").
If you are using the Site, Application or Services and you reside in and outside of Thailand, these Terms of Service are between you and Youtripper Co., Ltd.
Youtripper Co., Ltd handles any and all payments and payouts conducted through or in connection with the Site, Application or Services ("Payment Services"). Payment Services provided by Youtripper Co., Ltd are subject to the Payments Terms of Service ("Payments Terms").
"Booking Quota" means the number of servings a Partner offers to Customers for a package, which can be limited to a maximum at the Partner's discretion but must contain at least one serving.
"Booking" means a limited license granted by a Partner to a Tripper to enter the Partner's property to participate in and/or consume the activity or service for the limited duration of the confirmed booking. Please note, as used on the Site, Application, and Services, "Packages" and "Activity and Services" have the same meaning as "Booking;" both terms mean a limited license to use the Partner's properties and services for the duration of the confirmed booking as defined above.
"Collective Content" means Partner Content and Youtripper Content.
"Communication" means an email, message, and notification via the Site, Application, text message or message to a Line account.
"Confirmed Booking" means a paid for booking in which the Partner commits to serving the package to the Tripper at the requested date and time of the booking.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Customer" means a visitor to the Site, Application or Services who has not yet successfully registered as a member on youtripper.com and whose actions are limited to browsing the collective content and adding packages into the cart but who is restricted from submitting a booking by completing payment in the check-out stage.
"Member" means a person who completes Youtripper's account registration process, including but not limited to Providers and Customers, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Package, Member profile or Youtripper promotional campaign to be made available through the Site, Application or Services.
"Package" means activities and services as submitted and published by a Partner on youtripper.com through the Package creation process.
"Partner" means a business and private individual who has successfully registered as a Youtripper service provider and member on the Site.
"Provider" means a business and/or private individual who have services to list and book.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), tourist or other visitor taxes, accommodation or lodging taxes, fees that Service providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
"Tripper" means a customer who has successfully registered as a member on youtripper.com by email, Facebook or Google application. Only Trippers can request from a Partner a Booking of a Package via the Site or Application.
"Youtripper Content" means all Content that Youtripper makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
2. Terms of Service
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PARTNERS MAY CREATE PAACAKGES FOR ACTIVITIES OR SERVICES AND CUSTOMERS MAY LEARN ABOUT AND BOOK PACKAGES DIRECTLY WITH THE PARTNERS. YOU UNDERSTAND AND AGREE THAT YOUTRIPPER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PARTNERS AND TRIPPERS, NOR IS YOUTRIPPER A TOUR BROKER, AGENT OR INSURER. YOUTRIPPER HAS NO CONTROL OVER THE CONDUCT OF PARTNERS, TRIPPERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A PACKAGE ON YOUTRIPPER, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH YOUTRIPPER IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR SHARE HOLDER OF YOUTRIPPER FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF YOUTRIPPER. YOUTRIPPER DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR PACKAGE, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR PACKAGE, OR ANY OTHER MATTERS RELATED TO ANY PACKAGE, THAT YOU PROVIDE.
AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF YOUTRIPPER, INCLUDING BY INAPPROPRIATELY USING ANY YOUTRIPPER INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Youtripper reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the "Last Updated" date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Youtripper Account you will be deemed to have accepted the changes.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
For users in Thailand, Youtripper will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside Thailand, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Youtripper’s vendors.
5. How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and Booking of Activities and Services in form of Packages. Such Packages are included in Categories on the Site, Application and Services by Partners. You may view Packages as an unregistered customer to the Site, Application and Services; however, if you wish to book a Package or create a Package, you must first register to create a Youtripper Account (defined below).
As stated above, Youtripper makes available an online platform or marketplace with related technology for Customers and Providers to meet online and arrange for Bookings of Activities and Services directly with each other. Youtripper is not an owner or operator of Properties used for Services, including, but not limited to, activity games and parks, service rooms, ships, boats, other transportation or Services, nor is it a provider of Packages, including, but not limited to, physical activities and medical services, professional services, and Youtripper does not own, sell, resell, manage and/or control Packages, including, but not limited to, physical activities and medical services, professional services. Unless explicitly specified otherwise in the Youtripper platform, Youtripper’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE PROVIDERS AND CUSTOMERS CONNECTING AND BOOKING ACTIVITIES AND SERVICES DIRECTLY WITH EACH OTHER. YOUTRIPPER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PACKAGES AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS. YOUTRIPPER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PACKAGES AND ACTIVITIES AND SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
6. Account Registration
In order to access certain features of the Site and Application, and to book an Activity and Service or submit a Package, you must register to create an account ("Youtripper Account") and become a Member as a Partner or Tripper. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Youtripper Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Youtripper through the Site, Services or Application; or (ii) allowing Youtripper to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Youtripper and/or grant Youtripper access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Youtripper to pay any fees or making Youtripper subject to any usage limitations imposed by such third-party service providers.
By granting Youtripper access to any Third-Party Accounts, you understand that Youtripper will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Youtripper Account and Youtripper Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Youtripper Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Youtripper’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Youtripper Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Youtripper makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Youtripper is not responsible for any SNS Content.
Your Youtripper Account and your Youtripper Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Youtripper Account as a Partner or Tripper. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Youtripper reserves the right to suspend or terminate your Youtripper Account and your access to the Site, Application and Services if you create more than one (1) Youtripper Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on Youtripper, you are not permitted to share your Youtripper Account with anyone or allow others to access or use your Youtripper Account. Youtripper may enable features, in our discretion, that allow other Members to take certain actions associated with your Youtripper Account, on your behalf with your express authorization, such as having your executive assistant, travel agent, or employer book on your behalf or adding a family member to your account as an additional Partner. You agree that you will take sole responsibility for any activities or actions under your Youtripper Account, whether or not you have authorized such activities or actions. You will immediately notify Youtripper of any unauthorized use of your Youtripper Account.
7. Activity and Service Package
As a Partner, you may create and submit Packages. To create a Package, you will guided through a 5 Step form filled with questions about the Activity or Service to be listed, including, but not limited to, the category, description, location, schedule, capacity, features and availability of the Package and pricing and related rules and financial terms. In order to be featured on the Site, Application and Services, all Packages must have been validated by Youtripper. Youtripper shall but is not required to approve a newly submitted Package within 24hrs. Packages will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Packages in search results may depend on a variety of factors, including, but not limited to, Tripper and Partner preferences, ratings and/or ease of Booking.
Customers will be able to book your Activities via the Site, Application and Services based upon the information provided in your Package, your Customer requirements, and Customer’s search parameters and preferences. You understand and agree that once a Customer requests a Booking of your Packaging, you may not request the Customer to pay a higher price than in the Booking request.
You acknowledge and agree that you alone are responsible for any and all Packages and Member Content you post. Accordingly, you represent and warrant that any Package you post and the Booking of, or a Tripper’s Service, an Activity in a Package you post (i) will not breach any agreements you have entered into with any third parties, such as tour operators, guides, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Activity included in a Package you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Youtripper assumes no responsibility for a Partner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Youtripper reserves the right, at any time and without prior notice, to remove or disable access to any Package for any reason, including Packages that Youtripper, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Youtripper’s then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
If you are a Partner, you understand and agree that Youtripper does not act as an insurer or as your contracting agent. If a Tripper requests a Booking of your Package during the serving of the Package, any agreement you enter into with such Tripper is between you and the Tripper and Youtripper is not a party to it.
If you are a Partner, Youtripper makes certain tools available to you to help you manage Bookings for your Packages. You acknowledge and agree that, as a Partner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who take part in or are serviced by the Activity at your request or invitation, excluding the Tripper (and the individuals the Tripper invites to join the Package such as a private serving, if applicable.)
Youtripper recommends that Partners obtain appropriate insurance for their Activities and Services.
Please review any insurance policy that you may have for your Packages carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Trippers (and the individuals the Tripper invites to join the Package, if applicable) while at your place of service.
Youtripper may offer Partner the option of having photographers take photographs of their Activities and Services. If you as a Partner choose to have photographer do this, Youtripper shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Package with a watermark or tag bearing the words "Youtripper.com Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Package is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Package and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Package or if you cease to be a Partner for the Package featured. All images, materials and content created by these photographers, including Verified Images, constitute Youtripper Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from Youtripper. If your Youtripper Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that Youtripper retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
8. Medical Packages
Partners providing medical services including but not limited to medical health, medical beauty or plastic surgery (Collectively known as "Medical Solutions") shall adhere to additional terms as set forth in Medical Solutions Policies. Unless specifically written and stated Partners offering Medical Solutions are not except from the Terms of Service.
9. No Endorsement
Youtripper does not endorse any Partner or Package. You understand that Verified Images are intended only to indicate a photographic representation of the Activity and Service at the time the photograph was taken. Verified Images are therefore not an endorsement by Youtripper of any Partner or Package.
Partners are required by these Terms to provide accurate information. Although Youtripper may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
By registering for a Youtripper Account, you agree that Youtripper may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law.
Any references in the Site, Application or Services to a Partner being "verified" or "connected" (or similar language) only indicate that the Partner has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Youtripper about any Partner, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Customers to evaluate when they make their decisions about the identity and suitability of Providers who they contact or interact with via the Site, Application and Services. We therefore recommend that Trippers always exercise due diligence and care when deciding whether to participate in a Partner’s Package or to have any other interaction with other Members. Except as provided in the Youtripper Partner Guarantee Terms and Conditions ("Youtripper Partner Guarantee"), which is an agreement between Youtripper and Partners, we are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Youtripper with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Bookings or Packages made by you. This limitation shall not apply to any claim by a Partner against Youtripper regarding the remittance of payments received from a Tripper by Youtripper on behalf of a Partner, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
10. Bookings and Financial Terms
"Package Price" means the amount that is due and payable by a Tripper in exchange for the Partner’s serving of the Activity. The Partner alone, and not Youtripper, is responsible for the Package Price for his or her Package submission. The Partner may in his or her sole discretion decide to include in these amounts (i) a serving fee or any other fee permitted on the Youtripper platform, or (ii) Taxes that the Partner determines that he or she has to collect.
"Tripper Fee" means the fee that Youtripper charges a Tripper for the use of the Services, which is calculated as a percentage of the applicable Package Price. The Service Fee will be displayed to the Tripper on the Package Detail page prior to requesting a Booking at a Partner.
"Partner Fee" means the fee that Youtripper charges a Partner for the use of the Services, which is calculated as a percentage of the applicable Package Price.
"Payment Method" means a payment method that you have added to your Youtripper Account, such as a credit card, debit card or PayPal.
"Service Fees" means collectively the Tripper Fees and the Partner Fees.
"Total Fees" means collectively the Package Price and the Tripper Fees plus any Taxes.
Bookings and Financial Terms for Partners
If you are a Partner and a Booking is requested for your Package via the Site, Application or Services, you will be required to preapprove (instant confirm) the Booking request as pre-defined by your booking quota of the applicable Package. When a Booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Tripper who has requested the Booking, (ii) a link to the Tripper’s Youtripper Account profile page, (iii) an indication of whether or not the Tripper has provided other information to Youtripper, such as a verified email address, connection to SNSs, or a government ID. Youtripper will collect the Total Fees from Trippers at the time of the Booking request and will initiate payment of the Package Price (less applicable fees and taxes) to the Partner as described in the Payments Terms.
Each Partner agrees that Youtripper may, in accordance with the cancellation policy selected or created by the Partner and reflected in the relevant Package, (i) permit the Tripper to cancel the Booking and (ii) refund (via Youtripper) to the Tripper that portion of the Package Price specified in the applicable cancellation policy.
Bookings and Financial Terms for Trippers
You acknowledge and agree that you, and not Youtripper, will be responsible for performing the obligations of any such agreements, that Youtripper is not a party to such agreements, and that, with the exception of Youtripper ‘s obligations pursuant to the Payments Terms, Youtripper (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a Tripper before the Tripper sends a Booking request to a Partner. As noted above, the Partner is required to preapprove (instant confirm) the Booking request as pre-defined by the booking quota of the applicable Package. Upon receipt of your Booking request, Youtripper will charge the applicable Package price to your Payment Method pursuant to the Payments Terms.
You as a Tripper agree to pay the Total Fees for any Booking requested in connection with your Youtripper Account. Youtripper will collect the Total Fees pursuant to the Payments Terms.
Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking.
Best Price Promise
Terms for Partners
We strive to have the most competitive prices and we want Trippers to pay the lowest price possible for participating in an activity or booking a package As a partner, you agree to set prices independently from other providers and to the best of your competitive ability. You understand that you will not undertake any action to fix or regulate prices with other Members of the Site, Application or Services. If you have published the same package or activity content on other channels including but not limited to, website platforms, marketplaces or offline venues, travel agencies, tour operators and hotels or any other site no affiliated with youtripper.com, you guarantee to match the price set on youtripper.com with the price found on the applicable channels.
Should a lower priced package with the same booking conditions and content offered by you at a lower rate be found online or offline by a Tripper after having booked a package through youtripper.com you are required to match the difference between the price on youtripper.com and the lower rate pursuant our Payment Terms and Services and the Best Price Promise Terms and Conditions.
Terms for Trippers
As a Tripper, if you find a package, with the same booking conditions and content offered by the same Partner at a lower rate after having booked through us, you are entitled to a refund of the difference. In order to receive your refund you must file a claim directly with the Partner in the Review and Claim Center.
You understand that Youtripper has no control over the price strategy set by Partners on the Site, Application and Services and therefore cannot be responsible for the actions and omissions by a Partner regarding the Best Price Promise. Any conflict resulting out of an unfulfilled Best Price Promise must be resolved with the Partner directly. Youtripper may only facilitate to achieve a resolution between the Partner and Tripper as described in Review and Claim Center section.
Sometimes cheaper rates are available on the Site for a specific stay at an Accommodation for the same room type, however, these rates made by Accommodations may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room type and rate details thoroughly for any such conditions prior to making your reservation. The same room type may have different rates, depending on such restrictions and conditions (see also section 6 below). For the avoidance of doubt, the Best Price Promise does not apply to Ancillary Services provided on the Site.
- Terms for Partners
Service Fees and Other Fees
In consideration for the use of Youtripper’s online marketplace and platform, Youtripper charges Service Fees. Youtripper collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Partner Fees and Tripper Fees. Youtripper deducts the Partner Fees from the Package Price before remitting the balance to the Partner as described in the Payments Terms. Tripper Fees are, as noted above, included in the Total Fees.
Applicable Tripper Fees, as well as Taxes collected by Youtripper, will be shown to Trippers via the Site and Application at checkout, prior to their submission of a Booking request. And, Youtripper will disclose applicable Partner Fees to Partners via the Site and Application. More information on Services Fees can be found at the Youtripper Help Center.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Tripper, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Partner’s place of service, the cancellation policy of the Partner contained in the applicable Package will apply to such cancellation. Our ability to refund the Package Price will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Tripper Fee is non-refundable. Credit Card charges will be deducted from the refundable package price. Youtripper will initiate any refunds due pursuant to the Payments Terms.
If a Partner cancels a confirmed Booking made via the Site, Services, and Application, (i) Youtripper will refund the Total Fees for such Booking to the applicable Tripper pursuant to the Payments Terms and (ii) the Tripper will receive a Communication from Youtripper containing alternative Packages and other related information. If the Tripper requests a Booking from one of the alternative Packages and the Partner associated with such alternative Package confirms the Tripper’s requested Booking, then the Tripper agrees to pay Youtripper the Total Fees relating to the confirmed Booking for the Activity in the alternative Package, in accordance with these Terms. If a Partner cancelled a confirmed Booking and you, as a Tripper, have not received a Communication from Youtripper, please contact Youtripper.
If, as a Partner, you cancel a confirmed Booking, you agree that Youtripper may apply penalties or consequences to you or your Package, including (i) publishing an automated review on your Package indicating that a Booking was cancelled, (ii) keeping the calendar for your Package unavailable or blocked for the dates of the cancelled Booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, Youtripper may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services.
This may be for reasons set forth in Youtripper’s Extenuating Circumstances Policy or for any other reason. Youtripper may also determine, in its sole discretion, to refund to the Tripper part or all of the amounts charged to the Tripper in accordance with the Tripper Refund Policy or in connection with a cancellation under Youtripper’s Extenuating Circumstances Policy. You agree that Youtripper and the relevant Tripper or Partner will not have any liability for such cancellations or refunds.
Review and Claim Center
Members may use the Review and Claim Center to send or request money for refunds, services or damages related to their Bookings. You agree to pay all amounts sent through the Review and Claim Center in connection with your Youtripper Account, and Youtripper will handle all such payments pursuant to the Payments Terms. When a Member agrees to provide services or amenities to another Member via the Resolution Center, both parties acknowledge and agree that they, and not Youtripper, will be responsible for performing their respective obligations of any such agreements, that Youtripper is not a party to such agreements, and that, with the exception of Youtripper’s obligations pursuant to the Payments Terms, Youtripper (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements and the services or amenities provided.
As a Tripper you agree that any claims made for an unsatisfactory package experience must be made against the Partner of the applicable package and not against Youtripper, the Site, Application and Services. You understand that it is your personal duty to issue the claim within fourteen (14) days after the serving of the package. For claims issued past the fourteen (14) day period your right to request a refund is no longer enforceable and you may only leave a review. Youtripper cannot be responsible to remind you of reporting the unsatisfactory package experience and thus cannot be held financially liable for late claims for actions and omissions of Partners.
If, as a Partner, a claim is filed against you by a Tripper, Youtripper will halt the payout of the Total Fees until the claim is resolved between the applicable parties through the Review and Claim Center via the Site, Application or Services. The claim is considered as resolved when the claim is withdrawn by the Tripper or the Tripper accepts a partial or full refund from the Partner.
As a Partner you agree that you bear the sole responsibility for resolving the claim filed by the Tripper through the Site, Application and Services. Through the Review and Claim Center you can appoint Youtripper to refund to the Tripper partially or to the full amount the Total Fee as a settlement for the claim. If you do not answer or show any sign of interaction with the Tripper of the relevant claim either by intent or by negligence within a period of 72 hours, the claim will be granted in favour of the Tripper in the value of the Total Fees pursuant the Payment Terms.
In case the Partner and Tripper cannot resolve the claim amicably within seventy-two (72) hours both parties must file for conflict resolution by the Youtripper Investigative Committee. The Committee at their own discretion and availability will start an investigation into the claim and deliver a verdict to both parties. This verdict is final and cannot be challenged by either the Partner or Tripper. During the course of the investigation both parties must offer their full cooperation.
As a Tripper you agree that the review is only for the purpose of sharing your opinion of the package’s service quality relating to but not limited to professionalism, cleanliness, attitude, overall satisfaction with other perspective/existing Trippers. You represent and warrant that (i) the contents that you post or distribute through Youtripper’s platform do not violate the laws and regulations under the related jurisdictions, and (ii) such contents do not cause injury to any person or entity. You agree that you alone shall be solely responsible for any damage arising from the contents that you posted as such. Without limitation, Youtripper has no participation and shall share no responsibility in the legal action arising from such review.
In respect of the foregoing paragraph, all contents submitted to Youtripper shall be regarded as non-confidential and Youtripper is under no obligation to consider such contents as protected information under specific laws. Youtripper reserves the right to adjust, modify, translate, edit, refuse, delete or remove review at its own discretion without prior notice.
As a Partner you agree that the review section of the platform serves the purpose of free expression and the sharing of opinions and experiences by Trippers regardless if they are of rewarding or critiquing nature. Youtripper has no obligation to remove reviews unless they violate the laws of the related jurisdiction, are of inappropriate content or whereas the Partner can factually prove the wrongful representation of the case.
Youtripper may, in its sole discretion, round up or round down amounts that are payable from or to Trippers or Partners to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Youtripper will round up an amount of 102.00, and 101.00.
Some currencies are denominated in large numbers. In those cases, Youtripper may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Youtripper to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Some Partners may pledge to donate a portion of the funds they receive from confirmed Bookings made via the Site, Application and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Partner does in fact make the donation he or she pledged to make. In such cases, the Partner in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
You as a Tripper or Partner are responsible for any modifications to a Booking that you direct Youtripper Customer Service to make ("Booking Modifications"), and you agree to pay any Package Price, Tripper Fees, Partner Fees, Services Fees, and/or Taxes associated with such Booking Modifications.
Tax regulations may require us to collect appropriate tax information from our Partners, or to withhold taxes from payouts to Partners, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W–9 from certain US Partners, and an appropriate IRS Form W–8 (e.g. Form W–8BEN) from non-US Partners with at least one Listing in the US. You as a Partner are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Partner fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Partner and you fail to provide us with a completed IRS Form W–9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a Partner understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Packages. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Youtripper cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Partner, Youtripper may issue a valid VAT invoice to such Partner.
12. Currency Conversion
Youtripper’s online platform facilitates Bookings between Trippers and Partners who may pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the Youtripper platform allows users to view the price of Packages in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.
13. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Youtripper endorsement, partnership or otherwise misleads others as to your affiliation with Youtripper;
dilute, tarnish or otherwise harm the Youtripper brand in any way, including through unauthorized use of Collective Content, registering and/or using Youtripper or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Youtripper domains, trademarks, taglines, promotional campaigns or Collective Content
copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
infringe the rights of Youtripper or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
"stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Youtripper Tripper or Partner;
offer, as a Partner, any Activities that you do not yourself have permission to operate
offer, as a Partner, any Activities that may not be Booked pursuant to the terms and conditions of an agreement with a third party;
register for more than one Youtripper Account for either Partner or Tripper or register for an Youtripper Account on behalf of an individual other than yourself;
unless Youtripper explicitly permits otherwise, request or book a Package if you will not actually be participating in the Package yourself;
contact another Member for any purpose other than asking a question related to a Booking, Package, or the Member’s use of the Site, Application and Services;
recruit or otherwise solicit any Partner or other Member to join third-party services or websites that are competitive to Youtripper, without Youtripper’s prior written approval;
recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
use the Site, Application, Services or Collective Content to find a Partner or Tripper and then complete a Booking of a Package independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Youtripper’s provision of the Services or for any other reasons;
as a Partner, submit any Package with false or misleading information, including price information, or submit any Package with a price that you do not intend to honor;
violate these Terms or Youtripper’s then-current Policies and Community Guidelinesa or Standards;
engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Youtripper’s name, any Youtripper trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Youtripper’s express written consent;
access, tamper with, or use non-public areas of the Site, Application or Services, Youtripper’s computer systems, or the technical delivery systems of Youtripper’s providers;
attempt to probe, scan, or test the vulnerability of any Youtripper system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Youtripper or any of Youtripper’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
advocate, encourage, or assist any third party in doing any of the foregoing; or
accept or make a payment for Package Prices outside Youtripper. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Youtripper harmless from any liability for such payment.
Youtripper may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Youtripper or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Youtripper, its users, or members of the public. You acknowledge that Youtripper has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Youtripper reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Youtripper, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you are servicing a Tripper or being served by a Partner who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Youtripper by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
15. Intellectual Property Ownership and Rights Notices
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Thailand and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Youtripper and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Youtripper used on or in connection with the Site, Application, Services, and Youtripper Content are trademarks or registered trademarks of Youtripper in Thailand and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Youtripper Content are used for identification purposes only and may be the property of their respective owners.
As a Partner, Tripper, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Youtripper’s Trademark & Branding Guidelines (as may be updated from time to time).
16. Additional Terms
Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to Youtripper ("Referral Program"). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
17. Application License
Subject to your compliance with these Terms, Youtripper grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Youtripper reserves all rights in the Application not expressly granted to you by these Terms.
18. Youtripper Content and Member Content License
Subject to your compliance with these Terms and Youtripper’s Trademark & Branding Guidelines, Youtripper grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Youtripper Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Youtripper or its licensors, except for the licenses and rights expressly granted in these Terms.
19. Member Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Youtripper promotional campaigns, you hereby grant to Youtripper a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Youtripper does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Youtripper promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Youtripper promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Youtripper the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Youtripper’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Youtripper promotional campaigns will infringe, misappropriate or violate a third party’s 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 or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Youtripper is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Youtripper of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Youtripper and you hereby irrevocably assign to Youtripper and agree to irrevocably assign to Youtripper all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Youtripper’s request and expense, you will execute documents and take such further acts as Youtripper may reasonably request to assist Youtripper to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
22. Copyright Policy
Youtripper respects copyright law and expects its users to do the same. It is Youtripper’s policy to terminate in appropriate circumstances the Youtripper Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Youtripper’s Copyright Policy for further information.
23. Term and Termination, Suspension and Other Measures
These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Youtripper terminate these Terms as described below.
Termination for convenience
You may terminate these Terms at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your Youtripper Account as a Partner, any confirmed Bookings will be automatically cancelled and your Trippers will receive a full refund. If you cancel your Youtripper Account as a Tripper, any confirmed Booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, Youtripper may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.
Termination for breach, suspension and other measures
Youtripper may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Youtripper Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Youtripper believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Youtripper or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Youtripper may deactivate or delay Packages, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your Youtripper Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Youtripper Account, or temporarily or permanently suspend your Youtripper Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Partners or Trippers, or (ii) Youtripper believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Youtripper or third parties, for fraud prevention, risk assessment, security or investigation purposes.
If we take any of the measures described in this Section C, we may (i) communicate to your Trippers or Partners that a pending or confirmed Booking has been cancelled, (ii) refund your Tripper in full for any and all confirmed Bookings, irrespective of preexisting cancellation policies, (iii) support your Trippers, on an exceptional basis, in finding potential alternative Packages, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Youtripper and an opportunity to resolve the issue to Youtripper’s reasonable satisfaction.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Youtripper Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Youtripper Account has been suspended or this Agreement has been terminated by us, you may not register a new Youtripper Account or attempt to access and use the Site, Application and Services through other Youtripper Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT YOUTRIPPER DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRIPPERS AND PARTNERS. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YOUTRIPPER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOUTRIPPER MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO,
THE PACKAGES OR ACTIVITIES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUTRIPPER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PACKAGES, ACCOMMODATIONS, PARTNERS, TRIPPERS, YOUR ACCRUAL OF YOUTRIPPER TRIP COINS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YOUTRIPPER OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PARTNER OR TRIPPER. YOU UNDERSTAND THAT YOUTRIPPER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF PARTNERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY PARTNERS. YOUTRIPPER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TRIPPERS AND PARTNERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY YOUTRIPPER. YOUTRIPPER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CUSTOMERS OR OTHER THIRD PARTY.
25. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR BOOKING OF ANY PACKAGE VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF YOUTRIPPER WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER YOUTRIPPER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR PACKAGE OR BOOKING OF ANY PACKAGE VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOUTRIPPER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PTNERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE YOUTRIPPER PARTNER GUARANTEE, IN NO EVENT WILL YOUTRIPPER’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY ACCOMMODATION OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A TRIPPER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PARTNER, THE AMOUNTS PAID BY YOUTRIPPER TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOUTRIPPER AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Youtripper and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an Accommodation, or (iii) creation of a Listing; (d) the use, condition or Booking of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of an Accommodation; and (e) your participation in the Referral Program or your accrual of any Youtripper Trip Coins.
27. Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
You acknowledge and agree that (i) these Terms are concluded between you and Youtripper only, and not Apple, and (ii) Youtripper, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Youtripper and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Youtripper.
You and Youtripper acknowledge that, as between Youtripper and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Youtripper acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Youtripper and Apple, Youtripper, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
You and Youtripper acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
28. Entire Agreement
Except as they may be supplemented by a document referenced and incorporated herein or by additional Youtripper policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Youtripper and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Bookings or Submission of Packages made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Youtripper and you regarding Bookings or submitting of Packages, the Site, Application, Services, and Collective Content (excluding Payment Services).
You may not assign or transfer these Terms, by operation of law or otherwise, without Youtripper’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Youtripper may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Youtripper (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.
31. Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the Kingdom of Thailand. You and we agree to submit to the personal jurisdiction of a state court located in the district of Bangkok, Thailand for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
32. Dispute Resolution
If you reside in Thailand, you and Youtripper agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Youtripper are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Youtripper otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law.
This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the Thailand Arbitration Center ("THAC") in accordance with the Thai Consumer Arbitration Rules ("THAC Rules").
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the THAC Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the Kingdom of Thailand and will be selected by the parties from the "THAC" roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the THAC will appoint the arbitrator in accordance with the THAC Rules.
Arbitration Location and Procedure.
Unless you and Youtripper otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Youtripper submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the THAC Rules. Subject to the THAC Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the THAC Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Youtripper will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any THAC filing, administrative and arbitrator fees will be solely as set forth in the THAC Rules. However, if your claim for damages does not exceed $30,000, Youtripper will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the "Modification" section above, if Youtripper changes this "Dispute Resolution" section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Youtripper’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Youtripper in accordance with the provisions of this "Dispute Resolution" section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Youtripper to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Youtripper. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
34. Third party beneficiary
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
35. Contacting Youtripper
If you have any questions about these Terms or any App Store Sourced Application, please contact Youtripper.