PLEASE READ CAREFULLY.
Introduction
Welcome to www.tripdreaming.com. This website is owned and operated by Daydreamers Group LLC authorized to do business as Tripdreaming. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
The terms "we", "us" and "our" refer to Daydreamers Group LLC. The terms "you" and “your” refer to the customer visiting our website, booking a trip through us or otherwise using our services.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a) In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b) You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c) Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d) Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e) Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f) You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g) We may provide various open communication tools on our website, such as blog comments, blog posts, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language.
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
iii. Contains any type of unauthorized or unsolicited advertising;
iiii. Impersonates any person or entity, including any www.tripdreaming.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h) We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Daydreamers Group LLC, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
i) You agree to indemnify and hold harmless Daydreamers Group LLC and its affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Links to Other Web Sites
Our website may contain links to third party websites or services that are not owned or controlled by Daydreamers Group LLC.
We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Products and Suppliers
We sell a variety of travel related products from different suppliers and service providers ("Suppliers"). Each Supplier has its own terms and conditions that are applicable to your particular arrangements in addition to our general terms of service, and you should make sure you understand them.
Tripdreaming is acting as intermediary or a "Booking Agent" for products and services that are not directly supplied by us (e.g., air carriage and ground transportation, car rental, hotel accommodations, meals, tours, cruises, etc.). We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers in connection with such products and services.
Booking Procedure
Initial Consultation
After visiting our website and completing a questionnaire, filling out a contact form or contacting us by phone, email, or through social networks, we will schedule a complimentary one on one consultation (by phone, Skype, Facetime, etc.) during which we will ask you about your travel interests and preferences. We will then design a personalized trip itinerary customized to your interests and passions.
Trip Proposal
After the complimentary one on one consultation, we will send you a trip proposal ("Trip Proposal") that will include all the details about your trip ("Itinerary"), the total cost of your trip ("Trip Price"), instructions on how to proceed ("Guidelines") and a copy of this User Agreement.
Booking Confirmation
Your confirmation of the Trip Proposal by email and your payment of the advance (please refer to the Payment Procedure section below for more information) confirms your booking and constitutes a contractual agreement between you and us ("Travel Services Agreement"), and represents your acceptance of the User Agreement set out herein. Please ensure that you read carefully and understand this User Agreement prior to your booking.
By confirming the booking, you confirm that you are authorized to act on behalf of all the travelers listed in the Trip Proposal. It is your sole responsibility to inform all other parties traveling under your booking of the contents of the Trip Proposal and you acknowledge such other parties have been advised and hereby accept the User Agreement set herein.
Payment Procedure
Trip Price
The Trip Price is the total cost of your trip and includes the cost of the products and services of your trip as described in the Trip Proposal, consultancy and advisory charges, other related expenses and all applicable taxes.
Please note that the estimated prices of the trip itineraries mentioned on our website are only estimates and are subject to change.
Deposit and Balance Payment
a) Upon confirmation of the Trip Proposal, 30% of the Trip Price is payable as an advance to confirm your booking.
b) The remaining 70% of the Trip Price is payable at least 60 days prior to the start of your trip.
c) In case your booking is accepted within 60 days of the date of departure, the clauses a) and b) mentioned above shall not apply and the entire amount, meaning 100% of the Trip Price, is payable upon confirmation of the booking.
Payment Methods
We do accept the following methods of payment: by wire transfer to our bank account, by credit card using a secure payment link (free of charge for US credit card holders; a 3.00% surcharge will apply for non-US credit card holders), or through any other method of payment otherwise indicated in the Trip Proposal.
By using any payment method, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
Delivery of Final Travel Documents
Upon receipt of your final payment, we will send you all travel documents for your trip electronically at least 30 days before the date of departure.
It is your responsibility to make sure that all of the details on your travel documents are correct and to bring to our immediate attention any errors or discrepancies. Your travel documents are valuable and should be safeguarded in a safe place.
Services
We agree to provide to you the services described in the service description included in the Trip Proposal.
The trips and services provided by us are subject to the applicable laws, rules and regulations of the countries of travel and you and us are bound to operate in accordance with such laws, rules and regulations.
You agree that you will only use our website or services to make legitimate reservations and shall not make speculative, false or fraudulent reservations. You will only use our website and services in compliance with applicable law.
Changes to Booking by us
We will do our best to provide the services that have been confirmed, but we reserve the right to change the services described in the Trip Proposal after your confirmation of the booking in agreement with this section.
We may make changes to your booking as a result of cancellation of certain bookings and reservations by third party service providers, non availability of certain experiences, packages or other services requested by you, or the unavailability of third party service providers due to termination of business, bankruptcy, decease, illness or any other reason or a Force Majeure Event (as described further below).
In such circumstance, we will do our best to notify you as soon as possible of any such changes. We will make such changes in good faith, keeping in mind your interests and preferences with the aim to stay in line with the overall concept of your trip.
In case the change alters the nature of your trip as a result of the above, we will give you the option to accept an alternative itinerary (as described hereafter) or cancel the entire trip.
If you accept an alternative itinerary, we will provide you with a new Trip Proposal outlining the changes. If this new Trip Proposal requires you to make any additional payments, will also issue a new invoice. Upon acceptance of the new Trip Proposal and any additional payments, the new booking will be the contract that binds you.
If you decide to cancel the original booking, you will be entitled to a refund of the costs already paid by you after deduction of all service, consultancy and advisory charges, including all expenses incurred by us in providing these services and all other cancellation charges (if any) for the bookings and reservations of third party services, including but not limited to hotel reservations.
Cancellation of or Changes to Booking by you
Cancellation of or Changes to the Booking by you
Should you need to change or cancel your booking once it has been confirmed, you must immediately notify us in writing, subject to the cancellation policy in the clause below (Cancellation or Change Fees). The effective date of cancellation or change is the date on which we receive your notice of cancellation or change request.
Please note that should you wish to change your booking (change of dates or any of the services requested), we will do our best to accommodate your request, however any additional costs associated with the change (higher rates on new dates, cancellation fees of local suppliers) shall be borne 100% by you.
Cancellation or Change Fees
The following cancellation or change fees will apply:
- 61 days or more prior to departure – 30% of the total Trip Price
- 31-60 days prior to departure – 50% of the total Trip Price
- 30 days or less prior to departure – 100% of the total Trip Price
- On departure day and later – 100% of the total Trip Price
Refund
We will pay any applicable refund amount within 30 days of the receipt of the request to cancel or change the trip. Please note that no refunds will be issued in respect of activities that you book and do not take part in while on your trip.
Airline Reservations
a. General Conditions Governing Air Transport
Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of passenger names, dates, times, routings, or departure/arrival airports is at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee. Passenger is responsible for any such fees. With regard to the purchase of air tickets, Tripdreaming acts simply as an intermediary between you and the airline.
All tickets will be issued for economy class unless otherwise specified. Seat assignments are subject to the airlines policies and may not be able to be made until you are at the airport on the day of departure. You agree to confirm all bookings with the airline prior to the stated date of departure (Tripdreaming recommends confirming 72 hours prior).
Direct flights may be “non-stop” or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same). The same applies to connecting flights that may be subject to crew changes. When you reserve a scheduled or charter flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have sufficient time for reaching the second airport. The journey to the other airport is at your own expense. Tripdreaming will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.
Tripdreaming’s responsibilities in respect to air travel are limited by the relevant airline’s conditions of carriage. The airline fulfilling your contract for carriage may change from the airline mentioned by Tripdreaming. Tripdreaming is not able to specify the type of aircraft to be used by any airline. If an airline cancels or delays a flight, you must work directly with the airline to ensure you arrive at your destination on or ahead of time. Tripdreaming will not provide any refund for Trips missed, in part or full.
All airlines tickets are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a supplier or government. You may be charged additional sums by Tripdreaming to offset increased fees, fuel surcharges, taxes, and fluctuations in foreign exchange markets or any combination thereof. Acceptance of these terms of service hereby consent you to any post-purchase price increases and authorize Tripdreaming to charge your credit card for such additional amounts.
b. Important Notice Regarding Airline Reservations
(Ticket and passport information must match. Your Passport and Visas must be valid). If you arrive at an airline ticket or passenger check-in counter with your confirmed ticket and find that the airline shows no reservation for you – do not leave the counter. Check your ticket. If the status box shows “OK” for the flight in question, the airline policies typically require them to accommodate you on that flight, or if that is not possible, they must either find you a substitute flight or pay you denied boarding compensation. If necessary ask to speak to a supervisor.
Force Majeure Event
We will not be liable or responsible for any loss, damage or additional expense where the performance of our contractual obligations is prevented or affected or you suffer any damage or loss as a result of a Force Majeure Event. “Force Majeure” means any event beyond our reasonable control which could not have been reasonably foreseen or avoided by us, even with the exercise of all due care. Such events may include but are not limited to acts of God, war, riot, terrorist threat, natural or nuclear disaster, adverse weather conditions, or all similar events outside of our control.
Privacy
Your privacy is very important to us, which is why we have created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of this User Agreement. To read our Privacy Policy in its entirety, click here.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Daydreamers Group LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services.
Daydreamers Group LLC takes no responsibility and is not liable for any loss of life, limb, property, money, sickness, delay, discomfort or hardships sustained by you on account of any act or omission of any third party, including third party service providers hired or booked by us to provide services for the trip. In addition, we also take no responsibility and are not liable for any act or omission of any of your co-travelers, or any resulting injury, damage, danger to life, limb or property, delay or hardships to you.
Passport, Visa and Health Requirements
It is your sole responsibility to ensure that you hold a valid passport (valid for at least 6 months beyond the conclusion of your trip), relevant visas and are conform to the health regulations required by the country you visit. We do not accept any responsibility in the case of you being unable to travel due to not carrying the correct documentation.
Insurance
Travel insurance is a vital part of your arrangements. We strongly advise and recommend you to take out adequate travel insurance for the duration of your journey. This may, without limitation, protect you (depending on the nature and terms of the travel insurance policy) from having to personally bear the fees resulting from any cancellation or change to your booking. Travel insurance is a mandatory element of some travel arrangements.
Please read your travel policy details carefully and take them with you on your trip. It is your sole responsibility to ensure that the insurance cover you purchase is adequate for your particular needs.
We may be able to recommend you travel insurance to be provided by a third party insurance company. You acknowledge and agree that we have no control over the insurance provider or its coverage decisions, and as a result we are not responsible for and shall not be liable for policy coverage, claims processing or the denial of any claims.
Complaints and Problems
You must at all times cooperate with the personnel of third party service providers, hotel staff, tour guides, local guides and other service providers during your trip.
In the unlike event that you have any complaints or experience any problems with respect to third party service providers during your trip, you must immediately inform us, and we will evaluate the situation and use all reasonable efforts to resolve the matter.
Codes of Conduct
You agree to comply with all applicable laws, rules and regulations and codes of conduct regarding use of the services, products and other facilities in any country, state, city or locality you visit as part of your trip.
In the event of any violation of any applicable laws, rules, regulations and codes of conduct of any country, state, city or locality you visit, you alone shall be liable for any prosecution or penalties. We shall not bear any responsibility and are not liable in any manner for your actions or omissions.
You accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the third party service provider (accommodation provider, etc.). If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions.
Copyrights/Trademarks
All content and materials available on www.tripdreaming.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Daydreamers Group LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Daydreamers Group LLC.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This website is controlled by Daydreamers Group LLC from our office located in the state of Texas, United States. It can be accessed by most countries around the world. As each country has laws that may differ from those of Texas, by accessing our website, you agree that the statutes and laws of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Texas, United States. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, Daydreamers Group LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these Terms and Conditions as outlined above, you can contact us at info@tripdreaming.com.