This document forms a valid and binding Agreement between WithTravel B.V. (referred to in this document henceforth as "WithTravel" or "we" or "us" or "our"), a company registered in the Netherlands with KVK number: 77392833, and the Traveler (referred to in this document henceforth as "Traveler" or "Applicant" or "you" or"your" or "he/she" or "his/her" or “they” or “them” or "their").
Both parties agree as follows:
Section I: Introduction
- WithTravel B.V. (“We/Us”) acts as an online platform which brings together and connects Travelers with Nomads through various technological services.
- Nomads are those who apply and are selected (based on our structured criteria) to be part of our platform and have access to the services we offer for them. Nomads create Journeys, that align with our values, which are fully operated by them and the service providers/partners of their choosing.
- Travelers are those who are interested in booking a Journey, who apply and get accepted to join the group by the Nomad. Applicants are those who complete the initial step in the booking process but don’t complete the rest of the steps of the booking process. Travelers and Applicants are jointly referred to as “You” from hereon forth.
- Journeys comprise of the listings of trips independently created by our Nomads in their own discretion and responsibility. They are accessible on our platform at www.with.travel including in our subpages, as well as on our other With media outlets.
- The commercial relationships that WithTravel has with the Nomads are governed by separate agreements.
Section II: Scope of Services
The main service overseen by Us is assisting Nomads with listing their travel offerings on the platform, and for Travelers to be inspired online and be able to search for, compare and book different trips (“Journeys”). WithTravel is solely acting as a commercial agent for the Nomads to provide a platform to promote their listings. We are not a tour operator or tour provider company, nor are we a representative or proxy of a Nomad, nor an insurer. WithTravel does not own, sell, resell, furnish, provide, manage or control any transportation, tour or travel services and does not act as an agent to the Travelers. WithTravel’s responsibilities are limited exclusively to the scope of facilitating the availability of our services to both our Nomads and Travelers, as well as serving as the commercial agent for each Nomad. WithTravel does not control the content contained within any listings. We also cannot and do not control the condition, legality or suitability of any Journeys created and organised by the Nomads. WithTravel shall not be held responsible or liable for any Journeys, and customers acknowledge and agree that any bookings or reservations made with the Nomads are made at the customer’s own calculated risk. As such, we have no control over all aspects of conduct by our Nomads, Travelers, Applicants or any other users of our services.
Section III: Applicability
If you act on behalf of a company or other legal entity, you guarantee that you have the authority to do so and to bind that company or other legal entity to these Terms. If you are making reservations or bookings on behalf of another person, you agree to keep that person(s) informed about these Terms, especially the section(s) that apply to travel reservations and bookings made through us, including all rules and restrictions applicable and relayed to Travelers thereto. You also confirm that the Traveler you are applying on behalf of is not an unaccompanied minor, criminal or doesn’t violate these Terms in any way. You agree to be financially responsible for all of the above. You are responsible for any reservations o bookings made by persons under your direction or control. You also warrant that all information provided by you or on your behalf in using the Application is true, current, complete, and accurate. Without limitation, any exploratory, speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.
Section IV: Eligibility
All Journeys listed on our platform are intended solely for persons who are aged 18 years or older, unless specified otherwise in any individual listing. Access to or use of our services by anyone under the age of 18 is prohibited, except in the cases where it is specified otherwise. By accessing or using our services, you guarantee that you are 18 years of age or older. Moreover, all Applicants that apply for any listed Journey must go through a virtual, voice call with the Nomad operating the selected listing. The Nomad determines whether an Applicant may or may not join the Journey as a Traveler.
Section V: Bookings and Payments
Va: Bookings with Nomads
The respective Nomad only, and not WithTravel, is solely responsible to the respective Traveler for honoring any confirmed bookings. The Nomad is also responsible for providing all legally-required information to the Traveler. When an Application for a Journey is submitted, Nomads are requested to either confirm or reject an application within the specified timeframe (which is generally within 24 to 48 hours of when an Application is filled and a Booking is requested) otherwise the requested application will be automatically cancelled. Once the Nomad confirms, you as a Traveler choose to enter into an agreement (including releases) with the Nomad for the reservation of a Journey you are about to make, termed “Booking Conditions”. You agree to accept any terms, conditions, rules and restrictions associated with the Journey imposed by the Nomad and will receive necessary information from the Nomad only. You acknowledge and agree that WithTravel is no party to the agreement but only acts as the commercial agent to the Nomad. WithTravel accepts no liability arising from or related to any of your agreements with the Nomad unless WithTravel is legally obliged to do so or to fulfil certain information and security obligations towards the Traveler.
Vb: Payments by Travelers
If a Nomad confirms an Application, you will receive an invitation email to reserve your spot for the Journey by paying the Deposit payment or Full Payment. Once your transaction is complete, you will receive a confirmation email summarizing your confirmed booking. If you pay the Deposit at the time of booking, you must pay the balance of payment (i.e. the Full Price minus the deposit) before the specified deadline, as can be found on the booking page and in the subsequent confirmation email, otherwise your booking will be automatically cancelled and no refunds allowed. You agree to pay for the full “Price” of any listing, as specified on the Site and booking page, and in accordance with the pricing terms set forth in the applicable booking page. The availability and price of a Journey can change any time until you have received a booking confirmation. WithTravel in its own discretion collects (through third party payment processors) the Full Price (as one payment or deposit plus one balance payment) for and on behalf of the Nomad as its commercial agent. You hereby authorize the collection of such amounts when you initiate and complete a transaction.
Vc: Cancellations and Refunds by Travelers
Once your application is confirmed by the applicable Nomad, the Full Price of your Journey is subject to the cancellation and payment terms of the Nomad. Please carefully read the fine print and important information in the Journey page, the invitation email to reserve your spot, the Booking Conditions and in your booking confirmation email for policies as applied by the Nomad. If you wish to cancel a reservation from this point onwards, it must be done via the booking page (through our third-party service provider WeTravel) or by emailing us at firstname.lastname@example.org.
Vd: Cancellations and Refunds by Nomads
If a Nomad cancels a confirmed booking made via the Services, a refund of the paid amount for such booking will be made to the applicable Traveler within a commercially reasonable time of the cancellation by the Nomad, and the Traveler may receive an email or other communication from WithTravel containing non-binding suggestions for alternative Journeys and other related information. If a Nomad cancelled a confirmed booking and you, as a Traveler, have not received an email or other communication from WithTravel, please contact WithTravel at email@example.com.
Section VI: Complaints
We would like to be flexible, helpful and friendly throughout your experience with us. Nevertheless, formal complaints procedures (by you) and disciplinary procedures (by us) are necessary, and these are laid out below.
If you are dis-satisfied during any Journey, kindly notify us right away in writing by email. We may, but won't be obligated to take reasonable efforts to resolve any disciplinary matter or complaint that arises and in such case, we reserve the right to take disciplinary remedies or actions in its sole discretion, in a format and manner that we deem fit.
In a scenario where you have a complaint about one of our Services or Nomads, please contact our customer service by email via firstname.lastname@example.org within 10 days of return from your trip. As our customer, you agree that complaints received beyond 10 days from the date of return of your trip will be barred and no action should be expected to be taken.
In a scenario where you have a complaint or claim in respect to one of the listed Journeys, these are to be dealt with by the respective Nomad. WithTravel is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities. WithTravel can only act as the communicating platform to relay the message from Traveler to Nomad, and can assist and the Traveler in insisting that the Nomad deals with the complaint in a timely manner.
We may at our sole discretion decide to suspend any Traveler from any Journey at any phase of the Journey for a serious disciplinary concern or issue surrounding material breach of our Traveler Code of Conduct or breach of applicable law.
Section VII: Early Bird Discounts
WithTravel may in its sole discretion offer early bird promotion or discount codes from time to time for all or selected listings or Journeys. Unless otherwise stated, the expiration date of the early bird promotion is 7 days from the date of implementation or announcement or launch of the offer on our platform. Furthermore, the early bird promotion is available for only a limited number of Applicants per listing or Journey. The early bird promotion or discount code can only be used for bookings or reservations of Journeys and no other service. The promotion or discount code applies as a discount, the percentage of which will be specified by Us, and cannot be redeemed as travel credit points or money in any form.
Section VIII: Travel Insurance, Visas & Immunizations
By offering listings for travel in particular international destinations, WithTravel does not represent or warrant that travel to such areas is advisable or without risk. WithTravel will not be liable for damages or losses that result from travel to such destinations. All Travelers are recommended to get their own travel insurance plans, generally a standard type of package unless specified otherwise for Journeys that include more activities or higher risks.
It is the Traveler’s sole responsibility to ensure they are traveling with a machine-readable passport that’s valid for 6 months after their trip return date, along with any applicable visas. It is your responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into the destination of the Journey. For up-to-date detailed information on travel documents and visas, entry/exit taxes and further information on entry and exit requirements, please check with your local consular services. Please note that entry to any country may be refused even if the required information and travel documents are complete.
Recommended inoculations for travel may change from time to time. You should consult your doctor for current and most up-to-date recommendations before you depart for a Journey. It is your responsibility to ensure that you meet all health entry requirements of the destination, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Obtaining and carrying all above-mentioned documents is your sole responsibility. WithTravel bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your Journey itinerary related to improper documentation or government decisions about entry.
Section IX: Media coverage, photographs & videos
As a Traveler and participant in one of our Nomad's Journeys, you acknowledge and understand that you may be photographed or video-graphed during the course of the Journey, and such photos and videos may be posted by us on our various channels of social media. If any Traveler wishes not to participate in any form of such media coverage, it is then the Traveler's responsibility to inform us in writing by sending an official email to email@example.com.
The Traveler acknowledges, agrees and understands the following:
- that any image or video taken on any of our Journeys may be used without charge in all media for promotional or marketing purposes, including without limitation promotional materials of any kind, such as brochures, slides, video shows and our website;
- we are not obligated to remove any Traveler from media coverage unless we have been informed of the Traveler's intention not to be featured in such coverage, in writing.
If any Traveler opts to supply us with any photographs or videos, then they confirm as follows:
- they irrevocably grant permission to us to use such photographs for any of their commercial or non-commercial purposes in any and all media, including, without limitation, in our printed publications, presentations, promotional materials, or on our website and social media channels;
- they waive all moral rights in such photographs to which they may now or at any future time be entitled under the copyright, as amended from time to time and under all similar legislation from time to time in force anywhere in the world;
- they shall procure any necessary third party consents or waivers to give effect to this section and shall indemnify us against any claims, losses, damages or costs arising from its failure to do so.
Section X: Intellectual Property
All materials and content on the Website, including, but not limited to, images, illustrations, text, audio clips, and video clips, are protected by or consist of copyrights, trademarks, service marks, and/or other intellectual property rights ("Intellectual Property"). The Intellectual Property is governed and protected by worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. The Intellectual Property is owned or controlled by us or other parties that have licensed to us the right to use their Intellectual Property or the right to market their products and/or services (collectively the "IP Providers").
The Intellectual Property is provided solely for your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Site. You may download any Intellectual Property solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in such Intellectual Property. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without our prior written consent or that of the IP Providers. Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Site, is prohibited by these Terms.
Xb: Reporting Claims of Copyright Infringement
If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.
- A physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows:
293-A, Sir Winston Churchillaan
2288 DC, Rijswijk, Zuid-Holland, the Netherlands
We reserve the right in appropriate circumstances to remove content on the Site alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.
Section XI: Links to Third-Party Sites
Our website contains links to websites owned and operated by third parties. If you use these links you leave our website. These links are provided for your information and convenience only and are not an endorsement by WithTravel of the content of such linked websites or third-party services. We have no control of the content of any linked website and are therefore not responsible for these websites or their content or availability. If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party, you do so entirely at your own risk. WithTravel accepts no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.
Section XII: Disclaimer Notice
If you choose to use the Services, you do so at your sole risk. WithTravel conducts a thorough, criteria-based selection process when reviewing Nomad applications before accepting them onto the platform. However, WithTravel does not guarantee the quality of performance of the selected Nomads. WithTravel does not have an obligation to conduct checks on any Applicants, Travelers, or other users of our services or third parties and does not make any attempt to verify Journey listings or Content. The Services, Journeys and Content are provided "as is", without warranty of any kind. WithTravel conducts a thorough overview of a proposed Journey from a Nomad before making it ready to be published and promoted on the platform. Nevertheless, WithTravel makes no guarantee regarding the quality of any Journeys, Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any content.
Without limiting the foregoing, WithTravel is not responsible and disclaims any liability for the use, validity, quality, suitability, fitness and due disclosure of the Journeys and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose or to be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the relevant Nomad is solely responsible and assumes all responsibility and liability in respect of the Journeys they host and operate. WithTravel explicitly disclaims all liability for any act or omission of any Traveler or other third party.
Under no circumstances, including, but not limited to negligence, shall we, our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, on account of your access to, use of, or browsing on the site, or your downloading of any materials, data, text, images, video, audio, or other information from the site or associated with any e-mail or links sent to you by WithTravel. In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits, lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the site or the services or materials on the site or the travel reservations booked through WithTravel (whether through this site or call center), even if advised of the possibility of such damages.
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 Content, your booking of any Journeys via the Services, and any contact you have with other users whether in person or online remains with you.
WithTravel shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of WithTravel’s obligations in respect to the Services, up to the maximum amounts specified herein. Neither WithTravel nor any others involved in creating, producing, delivering or otherwise making available the Services or the Content will be liable for (a) any punitive, special, indirect or consequential loss or damages, including loss of profit, loss of or damage to goodwill or reputation, loss of claim, (b) any inaccuracy relating to the (descriptive) information of the Nomad as made available, (c) the services rendered or the products offered by the Nomads or other business partners, (d) any direct, indirect, consequential or punitive damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of the Services, or (e) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, negligence, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Nomad or 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. WithTravel has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event will WithTravel’s aggregate liability arising out of or in connection with your use of or inability to use the Services or from any 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 one hundred Euros (EUR 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 WithTravel and you.
Section XIII: Indemnification
Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Site, Journeys, or the Intellectual Property.
Section XIV: Privacy
Section XV: Modifications
WithTravel reserves the right to modify the Terms & Conditions at any time without prior notice. Any changes will become effective immediately upon use of the Site, Application and Services post change constituting an acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services
Last updated: 14/07/2020