Clean Travel Pty Ltd (ABN:83 630 291 913) trading as Clean Travel (hereafter referred to as “Clean Travel”, “we”, “us”, or “our”) provides an online platform that connects ethical tour operators who have knowledge and experience with a particular travel destination or activity with Travellers seeking to experience such destinations and activities (collectively with the Site and Application (each as defined below), the “Services”).
Clean Travel’s registered address is 52 Webb Street, Fitzroy, Melbourne, VIC 3065, Australia.
The Services are accessible at cleantravel.org and any other websites through which Clean Travel makes the Services available (collectively, the “Site”) and any related applications (the “Application”).
By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services.
These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below) and constitute a binding legal agreement between you and Clean Travel. Please carefully read these Terms and our Privacy Policy and our Legal Notice, each of which is incorporated by reference into these Terms.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services. Failure to use the Services in accordance with these Terms may subject you to civil and criminal penalties. Clean Travel complies with the General Travel Terms and Conditions.
THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OPERATORS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR GROUP TOURS (DEFINED BELOW) AND TRAVELLERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SUCH GROUP TOURS.
YOU UNDERSTAND AND AGREE THAT CLEAN TRAVEL IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OPERATORS AND TRAVELLERS, NOR IS CLEAN TRAVEL AN AGENT OR INSURER. CLEAN TRAVEL HAS NO CONTROL OVER THE CONDUCT OF OPERATORS, TRAVELLERS AND OTHER USERS OF THE SERVICES OR ANY GROUP TOURS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
Key Terms
- “Collective Content” means Member Content and Clean Travel Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Operator” means a Member who creates a Listing via the Services.
- “Listing” means a Group Tour that is listed by an Operator as available for booking via the Services.
- “Member” means a person who completes Clean Travel’s account registration process, including, but not limited to Operators and Travellers, as described under “Account Registration” below.
- “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Services. “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
- “Clean Travel Content” means all Content that Clean Travel makes available through the Services, including any Content licensed from a third party, but excluding Member Content. “Traveller” means a Member who requests a booking of a Group Tour via the Services, or a Member who participates in an Group Tour and is not the Operator for such Group Tour. Certain portions of the Services (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions 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 portion of the Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that portion of the Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR OTHERWISE THROUGH THE SERVICES YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE 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.
Modification
Clean Travel reserves the right, at its sole discretion, to modify the Services at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Services or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, creating a Listing or requesting the booking of a Group Tour. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
Eligibility
The Services are intended solely for persons who are 18 or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older. How the Site, Application and Services Work The Services can be used to facilitate the listing, reviewing, searching, comparing, meeting other people, entering contests and booking of tours and activities (“Group Tours”). Such Group Tours are included in Listings on the Services by Operators. You may view Listings as an unregistered visitor to the Services; however, if you wish to book a Group Tour or create a Listing, you must either register to create a Clean Travel Account (defined below) or provide your email address. As stated above, Clean Travel makes available a platform or marketplace with related technology for Travellers and Operators to meet online, write reviews, search, compare, enter contests and arrange for bookings of Group Tours. Clean Travel is not an operator of tours, activities or other Group Tours, nor is it a provider of group tours or activities and Clean Travel does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour or travel services.
Clean Travel’s responsibilities are limited to: (i) facilitating the availability of the Services and (ii) serving as the limited agent of each Operator for the purpose of accepting payments from Travellers on behalf of the Operator.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF GROUP TOURS. CLEAN TRAVEL CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY GROUP TOURS. CLEAN TRAVEL IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND GROUP TOURS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE TRAVELER’S OWN RISK.
Account Registration
For Operators – Tour operators that wish to take advantage of Clean Travel services and sell their tours on the cleantravel.org Global Marketplace need to first submit their application via the tour operator sign up form. Clean Travel reviews all sign up requests and assesses the compatibility of the tour operators’ product with the cleantravel.org Marketplace. This review process can take up to 4 weeks as the product, company, market fit, bonding, safety and global reputation of the company is assessed. Upon reviewing the sign up request the Clean Travel team informs the operator whether or not working together is possible. Clean Travel reserves the right to decline the application at this stage, or any other, stage. If the first screening is positive, the operator will be asked to fill out a application form and submit it to the Clean Travel team. Once this form is accepted, processed and the application is confirmed by Clean Travel, Clean Travel will guide the operator through the next sign up steps, which includes uploading tour listings and assists the operator wherever possible. Before Clean Travel can start driving bookings for the operator, the operator must agree to Clean Travel’s Terms and Conditions in writing via e-mail.
For Travellers – In order to access certain features of the Services and to book a Group Tour, you must register to create an account (“Clean Travel Account”) and become a Member. You may register to join the Services directly via the Site or Application using the link at the top of any page or as otherwise described in this section. You may also be able to 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 Services, you may be able to link your Clean Travel Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Clean Travel through the Services; or (ii) allowing Clean Travel to access your Third Party Account, as is 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 Clean Travel and/or grant Clean Travel 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 Clean Travel to pay any fees or making Clean Travel subject to any usage limitations imposed by such third party service providers. By granting Clean Travel access to any Third Party Accounts, you understand that Clean Trave may 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 Services via your Clean Travel Account and Clean Travel Account profile page. You agree that Clean Travel may request your email address, access to photos; friends list to help verify your identity; share your updates and photos; and to be contacted by us. 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 may be available on and through your Clean Travel Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Clean Travel’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You have the ability to configure certain portions of the connection between your Clean Travel Account and your Third Party Accounts, at any time, by accessing the “Profile” section of the Services. 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. Clean Travel makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Clean Travel is not responsible for any SNS Content. We will create your Clean Travel Account and your Clean Travel Account profile page for your use of the Services 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 Clean Travel Account. 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. Clean Travel reserves the right to suspend or terminate your Clean Travel Account and your access to the Services if you create more than one (1) Clean Travel Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Clean Travel Account, whether or not you have authorised such activities or actions. You will immediately notify Clean Travel of any unauthorised use of your Clean Travel Account. Cleantravel.org performs regular backups on all servers to ensure critical files are never lost. However Clean Travel is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for Redundancy.
Group Tour Listings
Operators may create Listings. To this end, you will be asked a variety of questions about the Group Tour to be listed, including, but not limited to, the location, capacity, itinerary, features, availability of the Group Tour and pricing and related rules and financial terms. Operators working with Clean Travel are responsible for making sure that their tour listings on the cleantravel.org Marketplace are up-to-date so that travellers who wish to book their tours are presented with correct information. Tour operators are responsible for updating their tour information – either manually using the Clean Travel Dashboard, or by supplying the Clean Travel team with a fully functional XML feed. Alternatively tour operators can also provide Clean Travel with their TourCMS ID and connect using their API. Clean Travel reserves the right to specify the details of the XML feed setup and to decline XML feeds that do not meet the Clean Travel standard. In such cases, it is the sole responsibility of the operator to provide a satisfactory XML feed or to keep the tour listings up-to-date manually. Listings will be made publicly available via the Services. Other Members will be able to book your Group Tour via the Services based upon the information provided in your Listing. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Traveller taking of, an Group Tour in a Listing you post (i) will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies) and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Group Tour included in a Listing you post, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues and (b) not conflict with the rights of third parties. Please note that Clean Travel assumes no responsibility for an Operator’s compliance with any applicable laws, rules and regulations. Clean Travel reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Clean Travel, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services. You understand and agree that Clean Travel does not act as an insurer or as a contracting agent for you as an Operator. If a Traveller requests a booking of your Group Tour and participates in your Group Tour, any agreement you enter into with such Traveller is between you and the Traveller and Clean Travel is not a party thereto. Notwithstanding the foregoing, Clean Travel serves as the limited authorised agent of the Operator for the purpose of accepting payments from the Traveller on behalf of the Operator and is responsible for transmitting such payments to the Operator, subject to these Terms. When you create a Listing, you may also choose to include certain requirements, which must be met by the Members who are eligible to request a booking of your Group Tour. Any Member wishing to book Group Tours included in Listings with such requirements must meet these requirements. You acknowledge and agree that, as an Operator, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Group Tour at your request or invitation, excluding the Traveller. Clean Travel recommends that Operators obtain appropriate insurance for their Group Tours. Please review any insurance policy that you may have for your Group Tour 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 Travellers while participating in your Group Tour.
No Endorsement
Clean Travel does not endorse any Members or any Group Tours. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the 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 and you agree not to attempt to impose liability on, or seek any legal remedy from Clean Travel with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members via the Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Operator against Clean Travel regarding the remittance of payments received from a Traveller by Clean Travel on behalf of an Operator, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms for Operators
If you are an Operator and a booking is requested for your Group Tour via the Services, you will be required to either confirm or decline the booking using Clean Travel Messaging System within the specified timeframe (which is generally within 48 hours of when the booking is requested, as cancelled. If you are unable to confirm or decide to decline a booking of an Group Tour within the specified timeframe, any amounts collected by Clean Travel for the requested booking will be ndsnded to the applicable Traveller’s credit card and any pre-authorisation of such credit card will be released. You understand and agree that once a Traveller requests a booking of your Group Tour, the price for such booking may not be altered after you confirm the booking without first obtaining the Travellers consent which must be done using Clean Travel Messaging System. If you have not yet confirmed the Traveller’s booking you can amend the price, details, add discounts, food funds, single supplements and other local payment so long as you advise the Traveller of these changes via the Clean Travel Messaging System before you confirm the booking to allow Travellers to consent to your changes. Any attempts to take the conversation or transaction outside Clean Travel’s Messaging System before a booking has been confirmed my result in suspension or cancellation of your Account. When a booking is requested via the Services, we may share with you the first and last name of the Traveller who has requested the booking in the Clean Travel Messaging System. The Deposit amount displayed on the booking page is set by you. Where applicable, Taxes may be charged in addition to the Group Tour Cost.
The Group Tour Cost and applicable Taxes are collectively referred to in these Terms as the “Total Cost”. The amounts due and payable by a Traveller solely relating to an Operator’s Group Tour are the “Group Tour Cost”. Please note that it is you and not Clean Travel which determines the Group Tour Cost and you agree this Cost will be exactly the same Cost stated on your website. Unless otherwise stated, if the Departure is 60 days or more from the booking date, Clean Travel will only collect the Deposit at the time of booking confirmation (i.e. when you confirm the booking within the specified timeframe). Unless otherwise stated, the Balance of Payment (defined as the Group Tour Cost minus the Deposit) will be automatically collected from the Traveller by us, 60 days prior to the departure date. After you confirm a booking, you are responsible for invoicing Clean Travel for the original tour price listed in the cleantravel.org tour listing at the point of booking request (which must correspond to the pricing on your website) minus Clean Travel’s Service fee. Clean Travel’s Service fee is displayed in your Clean Travel Dashboard. Invoices are to be emailed to partnerinvoices@cleantravel.org. Invoices must have a payment due date of the 5th business day of the next calendar month after the tour departure date. Each tour booking must have its own invoice. Clean Travel will pay the Net Amount (defined as being the Group Tour Cost minus the Service Fee) to your nominated bank account as long as the pay-out amount is above US $500. We are not responsible for delays in remitting Group Tour Fees, which can vary based on the bank, currency, location, etc. We are responsible for emailing the Traveller with a booking receipt for their payments. You are responsible for emailing any documentation and vouchers to the Traveller. Select tours are packaged by Clean Travel and branded as “Clean Travel Exclusive”. These exclusive offers are limited in time and may only have a single departure date. Clean Travel is the managing tour operator for these tours. Clean Travel Exclusive works with local ground suppliers, who will be your primary point of contact during the tour. Clean Travel Exclusive offers require a deposit payment of 20% for all departures where the booking date is 20 days prior to the departure, at which time the full payment will be taken from the credit card provided at the time of booking. All payments are non refundable. All other booking and financial terms for travellers above apply to Clean Travel Exclusive offers.
Appointment of Clean Travel as Payment Agent for Operator
Each Operator hereby appoints Clean Travel as the Operator’s limited agent solely for the purpose of collecting payments made by Travellers on behalf of the Operator. Each Operator agrees that payment made by a Traveller to Clean Travel shall be considered the same as a payment made directly to the Operator and the Operator will make the Group Tour available to Traveller in the agreed upon manner as if the Operator has received the Part Payment. In accepting appointment as the limited authorised agent of the Operator, Clean Travel assumes no liability for any acts or omissions of the Operator. Operators acknowledge and agree that Clean Travel reserves the right, in its sole discretion, to introduce and collect other fees from you in accordance with the Modification Section of these Terms. Please note that Clean Travel will provide notice of new fees via the Services, prior to implementing such new features.
Bookings and Financial Terms for Travellers
The Operators, not Clean Travel, are solely responsible for honouring any confirmed bookings and making available any Group Tours reserved through the Services. If you, as a Traveller, choose to enter into a transaction with an Operator for the booking of a Group Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Operator and you agree to accept any terms, conditions, rules and restrictions associated with such Group Tour imposed by the Operator. Operators may not change the Group Tour Cost after a booking has been confirmed unless the Operator asks for your Consent via the Clean Travel Messaging System (changes might include additional services that you request from the Operator). If a booking has not yet been confirmed by the Operator, the Operator may change the price, details, add discounts, local payments and other services requested by you but the Operator must notify you of this change via Clean Travel’s Messaging System and you must consent to this change before the Operator can confirm your booking. You acknowledge and agree that you, and not Clean Travel, will be responsible for performing the obligations of any such agreements, that Clean Travel is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Clean Travel disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Clean Travel is not a party to any agreements between you and the Operator, Clean Travel acts as the Operator’s payment agent for the limited purpose of accepting payments from you on behalf of the Operator. Upon your payment of amounts to Clean Travel which are due to the Operator, your payment obligation to the Operator is extinguished, and Clean Travel will remit to the Operator the difference between the Group Tour Cost minus the Service Fee (defined below). The secure payment provider that Clean Travel uses to process all payments is Stripe. The Booking Page for a Group Tour will specify the Total Cost called the Group Tour Cost. As noted above the Operator is required to either confirm or decline the booking via Clean Travel’s Messaging System (also known as E2B) within the specified timeframe (which is generally within 48 hours of when the booking is requested, as determined by Clean Travel in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Operator), any amounts collected by Clean Travel will be refunded to such Traveller, depending on the selections the Traveller makes via the Site and Application, and any preauthorisation of such Traveller’s credit card will be released, if applicable, and you acknowledge we will refund these amounts as soon as possible but the speed at which these amounts are returned to your credit card is often something you will need to discuss with our bank and is not something we are responsible for. It is important that all communication is made by you with the Operator using Clean Travel’s Messaging System because this will help in the event of disputes and Clean Travel reserves the right not to rely on emails exchanged by you and the operator. Plus any transaction completed outside the Clean Travel Messaging System will not enable you to use Clean Travel Credits, savings and other promotional offers. Unless otherwise stated on the tour booking page, you agree to pay Clean Travel for the Deposit for any booking requested in connection with your Clean Travel Account if such requested bookings are confirmed by the applicable Operator if the departure date is greater than 60 days to the booking date. Unless otherwise stated on the tour booking page, if the departure date is within 60 days of the booking date the Group Tour Cost is payable. If you have paid a Deposit then the balance of payment will be automatically deducted from the credit card stored in your Account Profile (unless otherwise stated) 60 days prior to the departure date. In order to establish a booking pending the applicable Operator’s confirmation of your requested booking, you understand and agree that Clean Travel, on behalf of the Operator, reserves the right, in its sole discretion, to (i) obtain a pre-authorisation via your credit card for the Part Payment and/or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound) to verify your credit card. Once the Operators confirms your booking, Clean Travel will collect the payment in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Clean Travel cannot control any fees that may be charged to you by your bank related to Clean Travel’s collection of payments, and Clean Travel disclaims all liability in this regard. In connection with your requested booking, you will be asked to provide customary billing information such as name, billing address and credit card information either to Clean Travel or its third party payment processor. You agree to pay Clean Travel for any confirmed bookings made in connection with described on the Site or Application – e.g. by credit card. You hereby authorise the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by Clean Travel or indirectly, via a third party online payment processor or by one of the other payment methods as may be described on the Site or Application. If you are directed to Clean Travel’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services. Once your confirmed booking transaction is complete you will receive a confirmation email summarising your confirmed booking and the Operator will email documentation and vouchers to your email address.
Service Fees only apply to Operators
In consideration for providing the Services, Clean Travel collects a service fee only from Operators (“Service Fees”). A Service Fee is a percentage of the amount of the Group Tour Cost or the Forfeited Tour Cost (only applicable for tours cancelled by the traveller – see section below) which is defined in the Operator’s Clean Travel’s Dashboard. Where applicable, Taxes may also be charged in addition to the Service Fee. Services Fees are deducted from the Group Tour Cost or the Forfeited Tour Cost before remitting the balance to the Operator (please note that we will not be responsible for delays in remitting pay-outs, which can vary based on the bank, currency, location, etc). Balances over US $500 will be remitted by Clean Travel to Operators via direct deposit or other payment methods described on the Site or via the Application, in the Operator’s currency of choice, depending upon the selections the Operator makes via the Services. Please note that for any payments by Clean Travel, we will pay our bank’s costs and you are responsible to pay your bank’s costs. If you request a pay-out when your balance is under US $500 then you must pay all bank costs. More information on Service Fees can be found in your Dashboard by going to Profile > Clean Travel Package. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms Traveller Cancellations, Refunds and Complaints
If, as a Traveller, you cancel your requested booking before the requested booking is confirmed by an Operator, Clean Travel will cancel any pre-authorisation to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time (7-10 business days). You agree to pay Clean Travel the Deposit for any booking requested in connection with your Clean Travel Account if such requested bookings are confirmed by the Operator. Once your booking is confirmed by the Operator, your Group Tour is non-refundable. Unless otherwise stated on the booking page of the tour, the following rules shall apply to cancellations & refunds. If you provide notice of cancellation to the Operator prior to 60 days to departure, only your Deposit will be non-refundable. This deposit will be retained in line with our Lifetime Deposit Guarantee policy. If you request to cancel a tour between 60-31 days before the departure date 50% of the Group Tour Costs will be forfeited and the balance will be refunded to your credit card within a commercially reasonable time period (usually within 10 working days). If you request to cancel a tour between less than 30 days before the departure date 100% of the Group Tour Costs will be forfeited.
This cancellation must be done by sending an email to booking@cleantravel.org with the name of the tour you want to cancel and for the reason. Cancellation of transfers, pre and post accommodation, optional tours, single supplements are treated differently where if the cancellation is made before 31 days prior to departure we will provide a full refund of those costs. However, if cancellation is made within 31 days to departure 100% of these costs will be forfeited. Cancellation of permits will result in the costs being 100% forfeited. Neither Clean Travel nor the operators selling their tours on Cleantravel.org offer or pay any discounts or refunds for missed or unused services which were missed or unused by the traveller due to no fault of Clean Travel, or operators working with Clean Travel, which shall include any termination of the traveller’s participation in the tour due to the traveller’s own fault, negligence or breach of these Terms. All traveller complaints about their experience on tour will be passed onto the tour operator’s team to resolve. Clean Travel is committed to working with tour operators to achieve a high level of service. If the response time and/or response quality of the tour operator however continue to fall below acceptable timing and quality despite our working together to rectify any issues, Clean Travel reserves the right to remove the operators’ tour listings from cleantravel.org Marketplace, Affiliate websites, Mobile Apps and remove any Applications provided by us.
Unforeseen Circumstances Operator Cancellations and Refunds
If an Operator cancels a confirmed booking made via the Services, (i) Clean Travel will refund any Payment for such booking to the applicable Traveller within a commercially reasonable time of the cancellation and (ii) the Traveller may receive an email or other communication from Clean Travel containing alternative Listings and other related information. If the Traveller requests a booking from one of the alternative Listings this will be treated like a new group tour booking. If an Operator cancelled a confirmed booking and you, as a Traveller, have not received an email or other communication from Clean Travel, please contact Clean Travel at info@cleantravel.org
Cancellation in the Event of Inclement Weather
Certain Group Tours may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, the Operator has the discretion as to whether the weather conditions will prevent the Group Tour from taking place. As an Operator, if you need to cancel an Group Tour for reasons of inclement weather, you must contact the Traveller and Clean Travel (at booking@cleantravel.org) as early as possible. Subject to the Traveller’s consent, the Operator and the Traveller may choose to reschedule the Group Tour for another date. If the Group Tour cannot be rescheduled, as a Traveller, please contact Clean Travel so we may assist in finding a replacement, non-weather-dependent Group Tour. For clarity, in the event the alternative Group Tour is of a higher price than the former, you may be responsible for any difference in price. In the event the alternative Group Tour is of a lower price, you may be entitled to a partial refund for the difference. As a Traveller, if you have contacted Clean Travel as provided above and Clean Travel is unable to find you a replacement Group Tour, Clean Travel may refund the Payment for such booking to the Traveller within a commercially reasonable time of the cancellation.
Taxes
You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Clean Travel cannot and does not offer Tax-related advice to any Members of the Services. Additionally, please note that each Operator is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.
Foreign Currency
As part of the Services, Clean Travel may provide a feature through which Travellers may view prices for various Listings in foreign currencies. You understand and agree that these views of prices are for informational purposes only and may not be the official local price for the Operator’s Listings. If you (as a Traveller) request a booking, you will be notified of the currency in which you will be charged together with the corresponding amount of the Payment, if your booking is confirmed by an Operator. The currency in which you will be charged may be determined by Clean Travel based on the payment method you select and the location of the Group Tour in the Listing you are booking. If the currency in which you will be charged is different from the currency chosen by the Operator to receive payment, Clean Travel will be responsible for the required currency conversion processing, including the costs thereof, which will be calculated based on the most current applicable foreign exchange rate that Clean Travel has uploaded to the Site as of the date and time that your booking is confirmed (the “Applicable Exchange Rate”).
You acknowledge that the Applicable Exchange Rate used for currency conversion processing may not be identical to the applicable market rate in effect at the specific time such processing occurs because: (i) although Clean Travel would update the Applicable Exchange Rate on a regular basis, it would not update such rate on a real-time basis; and (ii) the Applicable Exchange Rate may include an incremental cost or margin that is not included in the applicable market rate. For the avoidance of doubt, Clean Travel would retain any profits (and will bear any losses) that result from such currency conversion processing due to changes in the applicable foreign exchange rate between the date your booking is confirmed and the date Clean Travel makes payment to an Operator.
Member 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 Content. In connection with your use of the Services, 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, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content; use the Services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Services or Content for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use the 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 the Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Group Tours; “stalk” or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Clean Travel Traveller or Operator; offer, as an Operator, any Group Tours that you do not yourself have permission to provide (without limiting the foregoing, you will not list Group Tours as an Operator if you are serving in the capacity of an agent for a third party); offer, as an Operator, any Group Tour that may not be provided pursuant to the terms and conditions of an agreement with a third party; register for more than one Clean Travel Account or register for a Clean Travel Account on behalf of an individual other than yourself; contact an Operator for any purpose other than asking a question related to a booking, such Operator’s Group Tours or Listings; contact a Traveller for any purpose other than asking a question related to a booking or such Traveller’s use of the Services; when acting as a Traveller or otherwise, recruit or otherwise solicit any Operator or other Member to join third party services or websites that are competitive to Clean Travel, without Clean Travel’s prior written approval (for clarity and without diminishing any of Clean Travel’s rights to enforce these Terms, Clean Travel may cancel such offending Member’s Clean Travel Account, permanently block such Member from access to the Service, and take any legal action Clean Travel deems appropriate against such Member, including by prosecuting such Member to the fullest extent of the law); impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer’s Listing); use automated scripts to collect information or otherwise interact with the Services; use the Services to find an Operator or Traveller and then complete a booking of an Group Tour transaction independent of the Services, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Clean Travel’s provision of the Services; as an Operator, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honour; 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 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 the 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 any portion of the Services, or any individual element within the Services, Clean Travel’s name, any Clean Travel trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Clean Travel’s express written consent; access, tamper with, or use non-public areas of the Services, Clean Travel’s computer systems, or the technical delivery systems of Clean Travel’s providers; attempt to probe, scan, or test the vulnerability of any Clean Travel system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Clean Travel or any of Clean Travel’s providers or any other third party (including another user) to protect the Services 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 Services 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 Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Privacy
See Clean Travel’s Privacy Policy and for information and notices concerning Clean Travel’s collection and use of your personal information.
Ownership
The Services (including the Site and Application) and Collective Content are protected by copyright, trademark, and other laws of Austria and foreign countries. You acknowledge and agree that the Services (including the Site and Application) and Collective Content, including all associated intellectual property rights is the exclusive property of Clean Travel 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 Services (including the Site and Application) or Collective Content.
Clean Travel Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, Clean Travel grants you a limited, non-exclusive, non-transferable license to (i) access and view any Clean Travel 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 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 Clean Travel or its licensors, except for the licenses and rights expressly granted in these Terms.
Member Content
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Services, you hereby grant to Clean Travel a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Services. Clean Travel 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 Services. 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 Services or you have all rights, licenses, consents and releases that are necessary to grant to Clean Travel 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 Clean Travel’s use of the Member Content (or any portion thereof) on, through or by means of the the Services 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. You must not store illegal content on the Site and we will monitor our site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine of up to US $25,000.
Friends with the World Referral Program
Clean Travel’s Friends with the World referral program allows Travellers to earn Clean Travel Travel Credits for every non Clean Travel customer you refer that makes a qualified booking with Clean Travel. There is no limit to the amount you can earn over the lifetime of your participation across all referrals, but you can only earn a maximum of one referral credit from each person you refer. You must be eligible to accumulate and redeem Travel Credits and maintain a Clean Travel account in good standing, to be eligible to earn Travel Credits.
To participate, refer friends who are not currently Clean Travel members and who have never booked a tour with Clean Travel by sending them your personal invite link, available in your member’s area on the Site. If the New User clicks your unique invite link (or enters your invite code) and books directly with Clean Travel using your 5% discount, Clean Travel will deposit 5% of your friends’ tour value on the day your friend books the tour, to your Clean Travel Account. You must be signed into your Clean Travel account to use your Travel Credits. These credits can be used to book any tour directly with Clean Travel. Travel Credits are non-refundable. On cancellation of a tour, any Credits used for a booking will form part of your lifetime deposit guarantee. If you cancel a tour, any Credits held in your Clean Travel Account will be removed. Clean Travel reserves the right to revoke and claim Travel Credits from users when Tour Bookings are cancelled or abuse of the program has been detected.
Clean Travel provides various tools to help you share your unique invite link. You may also share your unique invite link via email and social media to friends and family. You may not however share your personal link on public forums or coupon Sites. If you do this, it is a violation of this Agreement and Clean Travel may terminate your Account and you will forfeit all your credits in your account.
Clean Travel provides Credits as part of our Rewards Program. These Credits are based on the tour you book and they are deposited to your Clean Travel Account within 30 minutes of your booking being confirmed on an eligible tour. These Credits can be used on the same basis as outlined above.
Clean Travel also may offer Promo Codes from time to time and unless otherwise stated they have an expiry period of 30 days. Promo Codes can only be used for bookings for tours and the same basis as outlined above. Only one Promo Code can be added/used per booking and they may NOT be combined with Travel Credits. Clean Travel reserves the right at any time to modify or discontinue the Friends with the World Referral and Rewards program either temporarily or permanently (or any part thereof) with or without notice. Clean Travel will not be liable to you in the event of any modification, suspension or discontinuance of this program. Clean Travel reserves the right to cancel, revoke, or otherwise prevent the issuance of Travel Credits in any suspected case of fraudulent use or misuse of this program and does not need to provide any details or explanation. Travel Credits are not redeemable for cash or equivalents. Clean Travel’s Promo Codes and Travel Credits cannot be applied on existing bookings.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that Clean Travel 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 Clean Travel 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.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Clean Travel used herein are trademarks or registered trademarks of Clean Travel. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at info@cleantravel.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of Clean Travel and you hereby irrevocably assign to Clean Travel and agree to irrevocably assign to Clean Travel 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. At Clean Travel’s request and expense, you will execute documents and take such further acts as Clean Travel may reasonably request to assist Clean Travel to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Copyright Policy
Clean Travel respects copyright law and expects its users to do the same. It is Clean Travel’s policy to terminate in appropriate circumstances the Clean Travel Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted.
Termination and Clean Travel Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or cancel your Clean Travel Account. Termination of Clean Travel Account may occur if there is (a) evidence of sexual exploitation of children, (b) fraudulent activity that causes harm, (c) evidence to not contribute with any of the 3 pillars of the Clean Travel community model as stipulated in the sign-up form, or (d) evidence of any other conduct that goes against Clean Travel Code of Conduct.
You may cancel your Clean Travel Account at any time by sending an email to info@cleantravel.org. Please note that if your Clean Travel Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or Feedback. Operators agree that should they cease their licence to use Clean Travel’s solutions, that the Tour Review content captured using Clean Travel will still be available for use by the Operator subject to certain limitations and conditions. Clean Travel’s XML file must NOT be accessed. The reviewers Facebook ID or Profile image must NOT be used or displayed anywhere. Whenever the tour review content is displayed the following attribution MUST be properly and clearly provided to Clean Travel on every page where this content appears: “These tour reviews were written on cleantravel.org” where ‘tour reviews’ must be a link to ‘www.cleantravel.org’.
Disclaimers
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CLEAN TRAVEL DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND OPERATORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SERVICES (INCLUDING THE SITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CLEAN TRAVEL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
CLEAN TRAVEL MAKES NO WARRANTY THAT THE SERVICES OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY GROUP TOURS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CLEAN TRAVEL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, GROUP TOURS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CLEAN TRAVEL 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 SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OPERATORS OR TRAVELLERS. YOU UNDERSTAND THAT CLEAN TRAVEL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES OR TO REVIEW OR VISIT ANY GROUP TOURS. CLEAN TRAVEL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELLERS AND OPERATORS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIsED BY CLEAN TRAVEL OR TAKE PLACE DURING AN GROUP TOUR. NOTWITHSTANDING CLEAN TRAVEL’S APPOINTMENT AS THE LIMITED AGENT OF THE OPERATORS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELLERS ON BEHALF OF THE OPERATORS, CLEAN TRAVEL EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.
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 SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY GROUP TOURS VIA THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER CLEAN TRAVEL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THE COLLECTIVE CONTENT 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 SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES OR FROM YOUR LISTING OR BOOKING OF ANY GROUP TOUR VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLEAN TRAVEL 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. IN NO EVENT WILL CLEAN TRAVEL’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY GROUP TOUR VIA THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SERVICES AS A TRAVELER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A GUIDE, THE AMOUNTS PAID BY CLEAN TRAVEL TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($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 CLEAN TRAVEL 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.
Indemnification and Release
You agree to release, defend, indemnify, and hold Clean Travel 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; and (c) your (i) interaction with any Member, (ii) booking of an Group Tour, (iii) creation of a Listing or (iv) the use, condition or quality of an Group Tour, 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 participating in or booking an Group Tour.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Application except as authorised by Australian law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any Australian embargoed countries.
Reporting Misconduct
If you participate in a Tour with an Operator who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) does not take adequate measures to protect children welfare, (iii) you suspect of stealing from you, or (iv) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Clean Travel by contacting us with your police station and report number at info@cleantravel.org; 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.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Clean Travel and you regarding the Services and Collective Content, and any bookings or Listings of Group Tours made via the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Clean Travel and you regarding bookings or listings of Group Tours, the Services and the Collective Content.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Clean Travel’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Clean Travel 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.
Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Clean Travel (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of Victoria, Australia, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Victoria 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.
Children
We do not allow persons who are aged eighteen or under to sign up as Clean Travel Community partners.
General
The failure of Clean Travel 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 authorised representative of Clean Travel.
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.
Prizes and rewards
Travellers: You agree that this website, in their sole discretion, may award rewards and prizes to travellers and businesses as they see fit and we will do not need to justify the methodology behind our decisions. The prizes and rewards supplied are not redeemable for cash and this website reserves the right to cancel and withdraw any such rewards and prizes at its sole discretion without any justification required. By using our Tour Contest Application, your contact details will be included in Clean Travel’s Newsletter which shall contain a mandatory opt-out at the base of each email to allow you to unsubscribe if you so choose.
Operators: Our Contest App Promotions are subject to these conditions: To access the current pool of contest entrants you must agree to allow Clean Travel to notify your past and future entrants about new Contests within Clean Travel’s network. This does not mean Clean Travel will provide the email addresses, names, etc of your entrants to other companies, we use Facebook’s 1:1 Notification API to notify past entrants about new contests that have been started. The entrants have the right to unsubscribe from these Facebook notifications and have the choice to participate in any future Contests run by yourself or other companies in Clean Travel’s network. It is not possible to target specific entrants from other companies in Clean Travel’s network. If you don’t agree with the above terms your Contest entrants will not be added to the pool and you can continue to run contests via your own Facebook Page, driving new entrants from your own marketing and advertising channels.
Newsletters
By registering; using our Services and/or providing your email address, you understand that you will receive regular email updates about the platform, travel and other community related matters. Each email you receive shall contain a mandatory opt out at the base of each email to allow you to unsubscribe if you so choose.
Contacting Clean Travel
If you have any questions about these Terms, please contact Clean Travel at info@cleantravel.org
Your transport will pick you from your respective hotels in Nadi, taking you on the hour-long drive to the mystic village known as 'ABACA', the home of the Gods (Koroyanitu Mountain range).