Trippur is part of Holding Yno B.V., a private company with limited liability established and existing under the laws of the Netherlands, having its registered office in Amsterdam, the Netherlands, at Keizersgracht 391 A, registered with the Chamber of Commerce in Amsterdam under 65233948.
These terms and conditions entail a license and its terms to use the platform of Trippur. On the platform, you can offer your travel offers to Trippur's individual users. Your acceptance of these terms and conditions is necessary before you can use Trippur's platform as a seller and offer your services to Trippur's individual users.
We advise you to carefully read the terms and conditions, so you fully understand the rights and obligations you have in relation to your use of our platform.
1.1 In these Terms and Conditions, the terms indicated with a capital, whether single or plural, will have the meaning as stated in Article 13.
1.3 The applicability of any general -, purchase -, delivery - and/or other conditions of the Sellers are excluded unless set out differently by Trippur expressly and in writing.
1.4 Trippur is entitled to amend or supplement these Terms and Conditions. The most up-to-date Terms and Conditions can always be found on the Platform and the Website. The amended or supplemented Terms and Conditions will be brought to the Partner's attention during the Partner's use of the Platform. By continuing its use of the Platform, the Partner accepts the amended Terms and Conditions. If the Partner does not agree to the amended Terms and Conditions, it can terminate the Agreement and its Account in accordance with Article 8.
1.5 Additions to and/or deviations from these Terms and Conditions are only valid when confirmed in writing by Trippur.
2.1 In order to make use of the Platform, the Partner shall enter into an Agreement with Trippur, to which Agreement these Terms and Conditions apply. To enter into an Agreement, the Partner shall follow Trippur's registration process. The Partner warrants that all information provided during this process is up-to-date, correct and complete. If the (company) data submitted by the Partner is at any point no longer up-to-date, correct or complete, the Partner shall modify or complete the required data. The Partner is not allowed to register an Account on behalf of another entity or person.
2.2 During the registration process the Partner is required to enter all information requested by Trippur before an Account is created on its behalf, which includes information about cancellation, location, contact information and the Partner's terms and conditions, as communicated to the Partner during its registration.
2.3 The Seller is responsible for maintaining secrecy with regard to its Login Details. As soon as the Partner knows or has reason to suspect that its Login Details have come into the hands of unauthorized persons, the Partner must inform Trippur of this without delay, without prejudice to its own obligation to immediately take effective action, such as changing its Login Details.
2.4 The Seller is at all times responsible and liable for the use of the Platform by third parties through its Account. The Seller indemnifies Trippur against any and all damage and costs arising from and/or related to the access to and/or the use of the Platform by third parties through the Partner's Account.
3.1 If the Seller complies in full with all obligations pursuant to these Terms and Conditions, Trippur will grant the Partner a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to use the Platform.
3.2 To the best of its ability, Trippur will make efforts to provide the Platform with due care. The Partner accepts that the Platform, only contains the functionalities and other characteristics as it contains at the moment of the Partner's use (“as is” and “as available”). Each and every use of the Platform is for its own risk and responsibility.
3.3 Trippur is at all times, without in any way becoming liable to the Seller entitled to make procedural and technical alterations and/or improvements to the Platform, including the available payment process.
3.4 Each and every use of the Platform is for the risk and responsibility of the Seller is solely responsible and liable for Content and the storage and processing of the personal data of Users.
3.5 Trippur may at any time impose quality standards upon the Seller, including but not limited to standards regarding technical requirements, information level and requirements regarding the Travel Offers and/or services offered by the Seller to Users. Trippur may at any time amend or supplement these standards and can – at its sole discretion – (temporarily) block the Partner's Account if these standards are not met.
3.6 The Seller is not entitled to:
make Content available that is in any way unlawful or infringes the rights of Trippur and/or third parties, including – but not limited to – IP Rights and rights that relate to the protection of privacy;
reproduce or decompile the Platform or to apply reverse engineering to it, unless permitted by mandatory law;
make Content available that harms the interests and reputation of Trippur;
engage third parties to perform any of the abovementioned acts;
deliberately involve false or misleading information; and/or
violate minimum (quality) standards communicated by Trippur from time to time.
3.7 If, after completing a Travel Offer, a Users experience materially and objectively differed in a negative sense (to be assessed by Trippur) from the offer suggested by the Partner in its Offer due to the Seller violation of article 3.6e, the Partner shall refund the total amount paid by the User for the Reservation. In addition, Trippur shall be entitled to suspend or delete the Partners Account or impose additional requirements for subsequent Travel Offers.
3.8 Trippur reserves the right to modify, refuse or delete Content, in particular in - but not limited to - the events such Content is unlawful or violates any third party right, these Terms and Conditions or legislation or does not meet Trippur's (quality) standards.
3.9 If the Seller is of the opinion that certain content offered by another Partner or that is otherwise available on the Platform infringes its rights and/or the rights of a third party, the Partner shall notify Trippur thereof.
4.2 The Partner is not entitled to apply higher prices on the Platform than the prices listed on its own website or social media networks for the same Travel Offers.
4.3 The Partner is entitled to apply its own (booking) terms & conditions to a Reservation. However, the contents of these terms & conditions, as well as the application and enforcement thereof are the sole responsibility of the Partner. The Partner's terms and conditions shall not conflict with any provision of these Terms and Conditions, and the provisions of these Terms and Conditions shall prevail in case of such conflict. Trippur reserves its right to reject the applicability of a Seller Partner's terms & conditions or specific provisions thereof. In such case, Seller Partner shall either adjust its terms & conditions as to meet Trippur's requirements.
4.4 In case of Reservation through the Platform, Trippur is responsible only for forwarding the relevant reservation information as submitted by the User and for sending a notification (email) to the User.
4.5 The Partner acknowledges and accepts that a Reservation of the User constitutes a binding agreement between the Partner and User. The Partner is fully responsible for the implementation and execution of such agreement, including support services/help desk et cetera. However, the Partner is not permitted to share its contact details with the User. Trippur shall never become a party to an agreement between the Partner and User.
4.6 In providing the Platform, Trippur provides support to the Partner's as well as to the Users. However, Trippur can never be held to provide support services to any User regarding a Reservation. If Trippur deems it necessary that a Partner contacts a User regarding a Travel Offer or a Reservation, the Partner shall immediately do so. If the Partner's support services to Users do not meet Trippur's quality standards, Trippur is entitled to (temporarily) block or remove the Partner's Account.
4.7 In case the User cancels a Reservation in accordance with the Partner's terms and conditions, the Partner shall notify Trippur of such cancellation as soon as possible. If the Partner fully reimburses the User for the Reservation, the commission fee (see article 5.2) shall also be reimbursed by Trippur. If the Partner does not fully refund the amount paid by the User for the Reservation, Trippur shall be entitled to retain the commission fee.
4.8 In case a Reservation has been canceled and the User has paid through the Platform, the Partner shall also process the refund through the Platform. Trippur is never responsible or liable in case the Partner processes this refund directly to the User. The Partner shall be liable for any loss of Trippur in the event the Partner acts contrary to the provisions of this paragraph.
4.9 If the Partner cancels a User's Reservation due to a cause attributable to the Partner, the Partner shall at all times fully refund all amounts paid by the User for the Reservation. In addition, the Partner shall compensate the User for all other costs and damages incurred in relation to the Reservation. The Partner is never entitled to deviate from its statutory obligations regarding liability resulting from its for non-performance vis-à-vis a User.
4.10 In case the Partner shortens the Travel Offer for any reason, the Partner shall offer the User at least a (partial) refund, which refund is proportional to the shortened Travel Offer.
4.11 If the Partner has failed to deliver the package as described in the list on the Website, Partner shall offer the User at least a (partial) refund.
5.1 When making a Reservation, the User is required to pay a deposit, which is a percentage or the total amount of the value of the Reservation (unless mutually otherwise agreed upon). Trippur shall be entitled to determine a minimum amount of a deposit to be requested from a User for a specific Reservation.
5.2 Trippur shall reserve a commission fee for its services, which shall be a percentage of the total price due for a specific Reservation by a User (unless mutually otherwise agreed upon). The applicable commission percentage shall at all times be indicated to the Partner before the Partner publishes a Travel Offer. Trippur shall be entitled to adjust the applicable commission, which it shall at all times indicated to the Partner in advance.
5.3 The Partner shall be entitled to request the removal of their travel offers and/or its Account if it does not agree with such adjusted commission.
Upon payment of a Reservation through the Trippur Platform by a User, Trippur shall deduct the commission fee from this amount.
5.4 If (part of) the commission fee of Trippur is paid directly to the Partner, Trippur reserves the right to withhold the amounts due and payable from future User payments the Partner has through Trippur.
5.5 Trippur may incur transaction costs.Trippur shall be entitled to charge such costs to the Partner in accordance with the principles agreed with Partner in its Account.
5.6 Trippur may impose requirements in relation to the minimum balance which can be transferred to the Partner's bank account per transaction, which requirements shall be set out on the Platform.
5.7 Trippur cannot be held to make available alternative payment methods on the Platform. Since Trippur is entitled to change the payment methods available on the Platform, the Partner cannot derive any rights from the methods available at a certain moment.
5.8 Trippur solely enables a User to make payment for a Reservation through its Platform. Trippur engages a third party provider to carry out the actual payment and Trippur has no influence on, is not involved in and is not liable for the payment of Reservation by a User to the Partner. If and to the extent a User fails to make payment for a Reservation (in full), resolving such issue shall be the sole responsibility of the Partner and the User – Trippur shall not become a party in such dispute.
6.1 No transfer of IP Rights is constituted by these Terms and Conditions. The Partner is solely granted a license as described in Article 3.1. The IP Rights with regard to the Platform and all materials, look-and-feel and other texts, images, videos and information made available thereon, including the Website but excluding the Content, are held by Trippur or its licensor(s).
6.2 All IP Rights in relation to the Content will remain vested in the Seller Partner. The Seller Partner acknowledges and accepts that by making the Content available, it automatically and free of charge grants Trippur an unlimited, worldwide, non-exclusive, sublicensable and transferable right to reproduce the uploaded Content and make the Content available on the Platform, including the right to use (parts of) the Content, the Seller Partner's name and/or logo for promotional purposes and other services in connection with the Platform.
6.3 The Seller Partner shall refrain from any act that infringes the IP Rights of Trippur, including – but not limited to – the registration of domain names, trademarks or Google Adwords that are identical or similar to any object to which Trippur holds IP Rights, as well as the reproduction, modification, reverse engineering or publishing of the Platform, including the Website, for other purposes than those listed in the Agreement or those permitted by mandatory law.
6.4 The Seller Partner is not permitted to remove, make illegible, hide or modify notifications or statements with regard to IP Rights.
7.2 In using the Platform, the Seller Partner may receive personal data of Users. The processing of such personal data is the sole responsibility of the Seller Partner. The Seller Partner warrants that it shall at all times comply with laws and regulations regarding the processing of personal data. The Seller Partner indemnifies Trippur from all claims of Users and/or third parties which are in any way related to the processing of personal data by the Seller Partner.
8.1 The Agreement between the Seller Partner and Trippur shall commence when the Seller Partner creates its Account. The Seller Partner may, at any time terminate the Agreement, by requesting Trippur to remove its Account. In addition, the Seller Partner can at all times unpublish its Account, in which case its Account and Travel Offers shall no longer be available to the Users.
8.2 The Seller Partner acknowledges and accepts that the termination of the Agreement has no effect on any Reservation made by Users and that the Seller Partner shall remain responsible for correctly implementing such Reservation(s).
8.3 In the event of termination of the Agreement, there will be no reversal of that which Trippur has already delivered and/or carried out, unless the Seller Partner proves that Trippur is in default in respect of the material part of such performance.
8.4 Trippur is at all times entitled to restrict the use of or terminate the Seller Partner's Account if there are grounds to do so according to Trippur. Trippur shall not become liable to pay any compensation to the Seller Partner in such cases. Trippur shall, in particular, invoke this right if Trippur is of the opinion that i) the quality of the Seller Partner's service towards Users is substandard, ii) if Trippur receives notice or has knowledge that Content infringes upon or violates the IP Rights and/or any other rights of a third party, or iii) the Seller Partner violates any (other) provision of these Terms and Conditions.
8.5 In the event the Agreement is terminated, for whatever reason, Trippur remains entitled to use the Content submitted by the Seller Partner. Trippur will however, upon the first request of the Seller Partner, remove or (where applicable) anonymize the Content.
8.6 All clauses of these Terms and Conditions that are to their nature intended to survive termination, in particular Article 5 (Payment), 6 (IP Rights), 7 (Personal data), 9 (Liability), 11 (W&I) and 13 (Miscellaneous) shall survive such termination.
9.1 Except as expressly provided in these Terms and Conditions, Trippurmakes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Platform, nor the continued and correct availability of the Platform or the Content, or the constitution of any agreements.
Furthermore, Trippur does not guarantee that the Platform shall lead to successful travel experiences or any good and/or lawful behavior by Users or any behavior according to the terms that apply between the Seller Partner and Users.
9.2 The Seller Partner is fully responsible and liable for the conclusion and performance of agreements between the Seller Partner and a User, including any payment obligation of a User related to any Reservation. The Seller Partner indemnifies Trippur from all claims of Users that relate to any agreement.
9.3 The Seller Partner is liable for and indemnifies Trippur from any damages and costs which Trippur suffers or makes as a result of (i) an attributable breach by the Seller Partner of the Agreement or any other agreement between the Seller Partner and Trippur, such as these Terms and Conditions, (ii) an (alleged) infringement of IP Rights or any other rights by the Seller Partner, including the rights of Users with respect to privacy, (iii) any use the Seller Partner makes of the Platform or (iv) an unlawful act. All costs and damages that in any way relate to such a claim will be reimbursed by the Seller Partner.
9.4 The Seller Partner warrants that:
it has the full legal power and authority to enter into the Agreement and shall use the Platform under the conditions as set out in these Terms and Conditions;
it has the full legal power and authority make the Content available through the Platform and provide the license as mentioned in Article 3.1;
the Content is correct, complete, unencumbered and not limited or restricted by any third parties' rights, including IP Rights;
the Content is not infringing upon any third parties' rights, including IP Rights, and that the use of the Content is not in any other way unlawful towards third parties;
the Travel Offer complies with all laws and regulations and gives a correct representation of the actual trip offered by the Seller Partner;
it shall at all times comply with these Terms and Conditions.
10.1 Trippur is not responsible for any content made available on the Platform. Trippur will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
10.2 Trippur has established a procedure, by which any alleged unlawful content available on the Platform can be reported to Trippur. This can be done by flagging the specific content as unlawful, whereupon Trippur shall receive a notification.
10.3 Trippur reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests. In such a situation Trippur can request a court order from a competent court in The Netherlands to determine whether the material or the activity is unlawful and should be removed.
10.4 Trippur will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.
10.5 The person that has reported unlawful content indemnifies Trippur from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs Trippur suffers, could suffer or which Trippur incur in relation to such a claim, including but not limited to the compensation of legal assistance.
10.6 Trippur respects and protects the privacy of those who report (alleged) unlawful content. All personal data Trippur receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.
11.1 Trippur may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this. The Seller Partner is not permitted to transfer any right derived from an Account to third parties without Trippur's prior written consent.
11.2 If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
11.3 These Terms and Conditions and the use of the Platform are governed by Dutch law.
11.4 Any and all disputes arising from or related to any agreement between Parties will be brought before the competent court in Amsterdam.
12.1 In these Terms and Conditions, the following terms, indicated with a capital, whether single or plural, will have the following meaning:
as a result of the registration process, the personal, secure environment of the Seller Partner, accessible through the Website after entering Login Details, which can be published/unpublished by the Seller Partner and through which environment the Seller Partner can make available its Travel Offers to Users;
the agreement between the Seller Partner and Trippur, on the basis of which the Seller Partner can use the Platform and to which these Terms and Conditions apply;
all information made available by a Seller Partner on the Platform, including its Account, Travel Offers, business details, comments, look and feel and other information;
all intellectual property rights and associated rights, including copyrights, trademark rights, patent rights, design rights, trade name rights, database rights, and neighboring rights, as well as rights to knowhow;
the combination of the username and password generated when entering into the Agreement, with which the Seller Partner can access its Account;
the binding agreement between a Seller Partner and a User regarding the purchase of one or more Travel Offers, which comes in effect after the acceptance of a Travel Offer by a User, subject to the Seller Partner's terms and conditions;
the party that wishes to offer its Travel Offers to Users and has, to that end, entered into an Agreement, created an Account and has accepted these Terms and Conditions;
the Seller Partner and/or Trippur;
Trippur's travel marketplace platform, where the Seller Partner can create an Account and make available its travel Offer to Users, whereupon Users can make Reservations with regard to specific Travel Offers;
the limited liability company Holding Yno B.V., incorporated under the laws of the Netherlands, having its statutory seat in Amsterdam and its office at (1016 EJ) Keizersgracht 391 A, Amsterdam, the Netherlands;
Terms & Conditions
these terms and conditions of Trippur;
the individual that makes use of the Platform and is able to, among other things, view the partner's Offers and make Reservations;
a specific vacation, holiday or trip published on the Platform as an offer, which vacation, holiday or trip can be bought by a User by making a Reservation;
all websites related to Trippur including all underlying web pages.