The terms "we", "us", "our", "Travelpickr" and "Travelpickr Inc" refer to Travelpickr, Inc., a Delaware corporation. The term "site", "website" or "web site" refers to the web site operated by Travelpickr, Inc. The term "you", or "traveler" or "buyer", refers to the customer visiting the website and/or booking a reservation through us on this website, or through our customer support. The term "you", in addition to "tour operator" OR "seller", also refers to travel service providers who post and sell offerings on the site.
This site is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this site in any manner, you agree to be bound by the Agreement. To the extent you book any travel services on this site or through our call center tour operators, you agree that this Agreement shall apply to all such transactions. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this website, or list your tours, or make bookings through this website or our customer support. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this site signifies your acceptance of the updated or modified Agreement.
Travelpickr functions as a virtual marketplace that connects sellers of tour packages with travelers from around the world. We do not organize, operate or own any tours. As a neutral facilitator, Travelpickr is not directly involved in the actual transactions between users of the site. As a result, Travelpickr has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, Travelpickr cannot and does not confirm the identity of users. Travelpickr also does not confirm nor verify the qualifications, background, or abilities of users. We verify seller credentials and applicable business and travel licenses when possible, but cannot guarantee their validity. Therefore, we recommend that you be careful and exercise common sense and good judgment when dealing with any member on the site.
While you may make limited copies of your travel itinerary (and related documents) for travel or services booked through this site, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this site. You are prohibited from posting contact details (whether your own or of others) on the site, in any matter, including, but not limited to, on public message boards, private messages, recommendations, and tour request forms. This applies to any forms of communication, and includes, but is not limited to, email addresses, phone numbers, postal addresses, and instant messengers. Sellers are not allowed to make false statements about their service offerings. Sellers cannot request additional payments which have not been stated on the tour, as listed on Travelpickr at the time of purchase (as initiated by the buyer). Sellers are not permitted to change the service being offered to a customer after a booking has been initiated, except for exceptional situations as described on the tour details, or otherwise due to reasonably unexpected situations. A change to service is described as any significant alteration to the itinerary or tour details, including, but not limited to dates, hotel, sights, activities or transportation. In case a change is unavoidable the seller must notify the buyer and Travelpickr as soon as possible and offer an alternative option at a reasonable cost. Sellers are strictly prohibited from selling tours they are not authorized to sell. Travelers are prohibited from reversing payments made to Travelpickr, whether via chargeback or complaint to any of our payment processors, for any reason, and in case of such a payment reversal you will be required to reimburse us for the full amount, plus any reversal fees incurred by us from the payment processors. If you violate any of these terms your account will be suspended or you will be banned from the site, and legal action may be taken against you.
Sellers cannot avoid the fees and commissions of the site by contacting and selling tours to users of the site via external payment methods not offered by Travelpickr, with the exception of local cash option, if defined in the tour listing. If a user of the site contacts seller outside the Travelpickr website, the seller is required to request user return to website and make payment on Travelpickr platform. In cases where buyer is unable or unwilling to pay for the tour on Travelpickr, the seller must notify Travelpickr, and agrees to pay the site commission to Travelpickr, based on the purchased tour price as listed on Travelpickr. If seller fails to notify Travelpickr of such external contact, or booking, with a Travelpickr buyer, Travelpickr may charge seller a penalty fee. Such a penalty fee will include the site commission, based on the purchased tour price as listed on Travelpickr, plus expenses arising from prosecution of such penalty, which will include a minimum compensation of $100 USD. Failure to abide by such rules, and pay penalty fees arising from violation of such rules, will result in legal action against seller, and closure of seller account on Travelpickr website.
You are fully responsible for the content of your submissions, (specifically including, but not limited to, reviews, message board postings, and tour details and photos). You are prohibited from posting or transmitting to or from this website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services with the exception of tours listed on the website); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this website. You acknowledge that Travelpickr, Inc. may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. We are not responsible for any links to other websites submitted by users, nor the content of those websites.
The commission collected by Travelpickr will be 7% of the total tour price, unless stated otherwise in writing by Travelpickr, for tour requests posted by an end customer; and 5% of the total tour price, unless stated otherwise in writing by Travelpickr, for tour requests posted by other travel companies (agents). The fee is collected when a booking is approved by both Travelpickr and the seller, and buyer has purchased the tour, and will be deducted from the amount paid to the seller by Travelpickr. The fee will be refunded if the traveler fails to complete payment or if payment is reversed for any reason out of seller's control, including, but not limited to, refunds initiated by buyer or Travelpickr, and reversals due to fraud and chargebacks. If seller cancels a tour more than 7 days after the booking date, or less than 30 days before the tour start date, the seller will not receive a refund of the fee, unless done so for reasons out of seller's control, including, but not limited to,
Whenever refund, cancellation, change or transfer policies of tours are not described otherwise on tour listings, or at Travelpickr′s sole discretion, these default policies, as defined by Travelpickr, will apply. We reserve the right to modify any of these policies if deemed necessary on a case by case basis. A tour is considered reserved when a customer completes the initial payment via the site and Travelpickr has approved the booking, and the seller has approved the booking. If applicable, when partial payment is made, the remaining and full payment must be completed within 2 days of the order being placed, and more than 2 days before the start of a tour, whichever comes first. Otherwise the reservation will be forfeited and initial payment refunded in full. If a service is changed without prior notice to Travelpickr and the buyer, the seller agrees to a refund, if Travelpickr deems it necessary. If you cancel a booking more than 90 days before the start of your tour, you are entitled to a refund of 80% of the tour price paid to Travelpickr. If you cancel a booking between 30 days and 90 days prior to the start of the tour, you will receive a refund of 50%. If a tour booking is cancelled less than 30 days before the start of the tour, no refund will be made. In case of partial refunds, the Travelpickr commission charged to a seller will still apply based on the original purchase price. Changes in traveler names are allowed with advance notice to the tour operator and the site, as long as the age classification of the traveler (adult vs child vs toddler) does not change. You cannot make changes to your tour after booking, unless agreed to by the other party in a message sent to you on the site or as communicated by the other party to Travelpickr.
We use third party secure payment services to process all payments of the site. No sensitive payment details will be stored on the site, nor will they ever be made available to us. Please refer to the terms of each of our payment processors before using any of them. Travelpickr reserves the right to refuse payments from or withhold payment to any user if we suspect them of violating the terms or otherwise conducting fraudulent activities. Sellers may also refuse payment and bookings from users within reason, including unavailability of a tour, or unreasonable behaviour of the buyer on the site. Unless otherwise negotiated with Travelpickr prior to booking, Travelpickr will release the full payment (minus the website commission) to the seller upon completion of tour, when payment from buyer is completed to Travelpickr, and no serious complaints have been reported by buyer. Sellers can obtain advanced payments (that are required to organize a tour), by requesting their own payment release terms (for each tour). Such requests must be submitted in writing to Travelpickr, and must be approved by Travelpickr, before a booking is accepted by seller. Travelpickr may retain a portion of any funds it holds in custody for a seller, based on seller account or transaction history, as a reserve to the extent reasonable to protect Travelpickr against the risk of future reversals of transactions. Travelpickr will pay seller the balance of any such reserve 30 to 180 days after the original credit date of each transaction. Travelpickr reserves the right to reverse any payments made by travelers to sellers, for any reason, including, but not limited to, chargebacks, refunds or fraud. Sellers are responsible for the reversal of any payments made to them, and in case a reversal occurs after funds have been released, the seller agrees to reimburse Travelpickr. We reserve the right to charge a recurring monthly management fee on any account that has been inactive for more than one year, after reasonable attempts by us have been made to contact the owner of the account. In addition, Travelpickr may close an account and take possession of the funds remaining in its balance, if the owner is inactive for more than 3 years, after reasonable attempts by us have been made to contact the owner of the account. Inactivity is defined as a user who has not logged into their account using the login forms provided on the website, and has failed to reply to any communication from Travelpickr by email, regular mail, or phone. Travelpickr reserves the right to charge fees for any currency conversions that may occur on its site, to protect itself from market fluctuations. The primary operating currency of the site is U.S. Dollars. All payments received and sent by the site to and from users, as well as prices displayed on the site, are in USD, unless stated otherwise during checkout. Any other currencies displayed on the site are for information purposes only.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Travelpickr, Inc. urges passengers to review travel prohibitions, warnings, announcements and advisories issued by their government prior to booking travel to international destinations. Users are encouraged to find information on conditions in various countries and the level of risk associated with travel to particular international destinations, as well as information on passport requirements, travel visas, and other travel documentation requirements.
Travelpickr reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds.
Travelpickr shall not be responsible for payments made to unintended recipients or for payments made in incorrect amounts due to the input of incorrect information by Senders.
Verification of users is only an indication of increased likelihood that a user's identity is correct. Travelpickr shall not be responsible for any fraud, deception or misrepresentations by users, whether or not the user is Verified. However, Travelpickr will seek to assist users who may be the victims of fraud if they report the problem promptly.
Travelpickr shall not be obligated to pay a user for any payments for which Travelpickr has not been fully paid by the sender's credit card issuer or bank, as applicable.
Travelpickr will not have any liability in connection with any unauthorized interception or use of data relating to you or the Travelpickr service; any inability by you to use or access the service or the Travelpickr website for any reason; any actions or transactions by an individual that uses your user name and password with your consent or knowledge; or any cause over which Travelpickr, Inc. does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or internet service providers.
In no event shall Travelpickr be liable (A) for damages caused other than by intentional misconduct or (B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the service or the Travelpickr website, even if Travelpickr, Inc. has been advised of the possibility of such damages. In no event shall Travelpickr, Inc. be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
Travelpickr reserves the right to require users who receive payments through Travelpickr and operate with high reversal rates or otherwise present a relatively high risk of losses to choose between closure of their Travelpickr account or entering into an additional agreement addressing such risks, which may include higher fees.
Nothing contained in these Terms will be deemed to constitute either party as the tour operator or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. One or more patents may apply to this site and to the features and services accessible via the site. We may modify these Terms, at any time, by posting notice on our website or via email messages to members of the site. Your continued use of our website, following the posting of notice of any modification will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with our website, in any way, your only recourse is to immediately terminate use of our website. Other terms and conditions may apply to your reservations, bookings and purchases of travel services through our website. You will observe these other terms and conditions. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of our website and replace any prior understandings or agreements (whether oral or written) regarding your use of our website. The laws of the State of Delaware, USA, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of our website, or these Terms, you agree to file such action only in the state and federal courts located in Delaware. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You agree that any disputes, claims and causes of action arising out of or connected with our website and/or these Terms, will be resolved individually, without resort to any form of class action. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
Travelpickr may, in its sole discretion, terminate your account or your use of the Travelpickr web site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Travelpickr reserves the right to change, suspend or discontinue all or any aspects of the Travelpickr web site at any time without prior notice.
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Travelpickr programs. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Travelpickr.