To the best of its ability, Tripaneer will make efforts to provide the Platform with due care. You accept that the Platform, only contains the functionalities and other characteristics as it contains at the moment of your use ("as is" and "as available"). Each and every use of the Platform is for your own risk and responsibility.
Tripaneer is at all times, without in any way becoming liable to you, entitled to make procedural and technical alterations and/or improvements to the Platform.
Use of the Platform
In using the Platform, you can view all offers published by organizers ("Organizers") (which offers are referred to as "Experience Offers"), submit requests ("Requests") with the Organizers, make a reservation ("Reservation") for such Experience Offers and write reviews. A Reservation placed through the Platform forms a binding agreement between you and the Organizer if the Organizer accepts your Reservation. Requests, however, are non-binding. If you have any questions, complaints or remarks about an Organizer, an Experience Offer, a Reservation or a Request, you can contact Tripaneer through the Platform.
You and the Organizer are solely responsible for the correct performance and execution of a Reservation, which – from your side – includes the correct provision of the required information in making a Reservation. To view, change or cancel your Reservation, please refer to your confirmation email, where you will find all relevant instructions.
You are solely responsible and liable for the content you submit, which includes the reviews you write. Since you are able to upload content to the Platform without restriction, you warrant that this content is lawful and does not infringe upon any party’s intellectual property rights, privacy rights or any other rights and you indemnify Tripaneer from any third party’s claim in this respect. You also warrant that you do not submit content which involves any illegal activities or activities that are contrary to morality or public order, which includes, but is not limited to content that relates to hate speech, is intended to promote or sell drugs or firearms, is violent in any way or qualifies as or transmits unwanted or unsolicited material or content (spam). We do not warrant that your content will be correctly, completely and/or continuously available on the Platform.
Prices and Payment
Your use of the Platform is free of charge. Organizers charge their own fees for the Experience Offers. Please be aware that you might owe the Organizer (part of) the fee in case you make a Reservation. We have no influence on, are not involved in and are not liable for your payment of Reservations.
When using the Platform, you will be able to convert the prices of Experience Offers to the available currencies. Such converted prices are indicative. At the moment of payment, the price of the Experience Offer will be converted in real-time to the currency as specified by the Organizer. This amount may differ from the amount displayed at an earlier moment. The price displayed after such real-time conversion will be the amount you are due for the relevant Reservation.
Since the Organizers are responsible for the payments terms, you cannot derive any rights from the currencies or payment methods available at a certain moment. Furthermore, Tripaneer is not responsible for and has no influence on the applicable payment terms.
In order to submit a Request or make a Reservation, you may be required to provide personal data to an Organizer. The Organizer is responsible for the processing of such data and shall do so in accordance with its own privacy statement. We shall not be liable for any damages incurred by you due to the processing of your personal data by an Organizer.
Tripaneer’s liability, whether based upon (attributable) default, unlawful act or any other ground, is limited to direct damages only and shall not exceed the amount of EUR 250 in a contracting year per event (a sequence of events will be regarded as one event).
Direct damage shall solely mean:
- Damage to property;
- Reasonable expenses incurred to prevent or limit direct damages that could be expected from the event on which is the liability is based, and
- reasonable costs incurred in determining the cause of the damage.
- Any liability on Tripaneer’s part for damages other than direct damage, including but not limited to indirect loss, consequential loss, loss and/or damage of data or content, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
- In case you made a Reservation or booked an Experience Offer with the Organizer directly, while you initiated the contact with the Organizer through our Platform and you did not inform us immediately – in every case within five (5) working days and under no circumstances after the date of arrival – about such act outside our Platform, Tripaneer will no longer accept any liability with regard to the Platform or any services provided in relation to the Platform.
- The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of Tripaneer or its managers ("own actions").
Warranties and indemnifications
The conclusion and performance of Reservations, including any payment obligation resulting therefrom, as well as the cancellation of Reservations is the sole responsibility of you and an Organizer. You indemnify Tripaneer from all claims submitted by an Organizer or a third party that relates to Reservations made by you with that specific Organizer, as well as to the payment of such Reservations. However, Tripaneer will provide assistance to you to the best of its abilities in case any issues arise between you and an Organizer in order to resolve those issues.
Notwithstanding the abovementioned, Tripaneer guarantees that you get a refund of what you have paid i) when you cancel your Reservation in conformity with the Organizer’s terms and conditions regarding cancellation, and ii) when your stay is in fact shorter than what was offered by the Organizer in the Experience Offer.
You guarantee that you will not use the Platform in a way that:
- infringes the rights of Tripaneer or third parties such as other users or Organizers, including but not limited to IP Rights or rights in relation to the protection of privacy;
- is contrary to any current legislation or regulations; or
Tripaneer is not responsible for any content made available on the Platform. Tripaneer will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behavior after receiving a notification that is sufficiently precise and adequately substantiated.
Tripaneer has established a procedure, by which any alleged unlawful content available on the Platform can be reported to Tripaneer. This can be done by flagging the specific content as unlawful, whereupon Tripaneer shall receive a notification.
Tripaneer reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests. In such a situation Tripaneer can request a court order from a competent court in The Netherlands to determine whether the material or the activity is unlawful and should be removed.
Tripaneer will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.
The person that has reported unlawful content indemnifies Tripaneer from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs Tripaneer suffers, could suffer or which Tripaneer incur in relation to such a claim, including but not limited to the compensation of legal assistance.
Tripaneer respects and protects the privacy of those who report (alleged) unlawful content. All personal data Tripaneer receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.
Tripaneer may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this. The Organizer is not permitted to transfer any right derived from an Account to third parties without Tripaneer's prior written consent.
If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
These Terms and Conditions and the use of the Platform are governed by Dutch law.
Any and all disputes arising from or related to any agreement between Parties will be brought before the competent court in Amsterdam.