Tripkada is owned and operated by FlipTrip Travels, Inc. a corporation organized and existing under the laws of the Philippines providing its services (described below) to you through its website located at www.tripkada.com/. The terms "we", "us", "our" and/or "Tripkada" shall mean FlipTrip Travels, Inc. The term "traveller(s)" refers to the customer/s visiting the website. The terms "site" and "website" shall refer to the website located at http://tripkada.com/ and "Service(s)" to the services, features, and applications provided to travellers and partners by Tripkada. The term "partner(s)" refers to individuals, organizations, and companies conducting business as a tours, accommodations, and/or transportation provider with Tripkada on this website. The terms "you", "your", "they" and "their" shall collectively refer to both Partners and Travellers, and other general users of the Website.
We reserve the right, at our sole discretion, to change or modify portions of these Terms & Conditions at any time. If we do this, we will post changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Website user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than seven (7) days after they are posted, except that changes addressing new functions of the services or changes made for legal reasons will be effective immediately. Your continued use of the Website and Services after the date any such changes become effective constitutes your acceptance of the new Terms & Conditions.
Tripkada provides an online platform that connects travellers with Partners that can provide tours, accommodations, and transportation services in travel destinations in the Philippines. We do not own, resell, furnish, provide, manage and/or control any tour, accommodations, or transportation services. This Website is provided to assist travellers to gather information, determine the availability of tours, accommodations, and transportation in destinations in the Philippines, and to facilitate the transacting of business with our partners directly. We serve as the limited agent of each Partner for the purpose of accepting payments from travellers on behalf of our Partner/s.
Both Partners and Travellers understand and agree that Tripkada is not a party to any agreements entered into between Partners and Travellers, nor is Tripkada an agent or insurer. The Services are intended to be used to facilitate the connections between Partners and Travellers. Tripkada cannot and does not control the content contained in any profiles and the condition, legality or suitability of services provided by our Partners and disclaims all liability in this regard. Accordingly, the planning or partaking of any services is at the Partners' and/or Travellers' own risk.
Travellers expressly understand and agree that the use of the website is at their sole risk and that the Services are provided "as is" and "as available".
In particular, Tripkada and its affiliates do not represent or warrant to Travellers and its Partners that:
Travellers will receive a unique personalized Tripkada Ticket voucher for each completed booking containing confirmation of booking and details of tour/s, accommodations, and/or transportation service/s booked by the traveller.
The Traveller must present a printed copy of the Tripkada Ticket to the respective service provider Partner in order to redeem the service booked.
Tripkada accepts payments on behalf of its Partners, and remits directly to trip organisers within 24 hours of receipt of payment.
Payments may be made via credit card and debit card via Paypal or via BDO, BPI, and 7Eleven.
All downpayments are non-refundable. They are, however, transferrable at least 48 hours prior to the specified departure time of the trip. The request for the transfer of slot must be sent via link (link to Request to Transfer Slot). Transfers are not approved and final until both you and your transferee receive confirmation via email.
Whenever possible, Tripkada will connect you with an alternate Trip Organiser who can fulfil your booking requirement/s. If not, Tripkada will convert the applicable fees for the respective booking into credit that the you may use to book services on Tripkada up to one (1) year from the cancellation.
Certain services may depend on factors outside either party's control, such as weather, calamities, political instability, and security threats ("Outside Factors"). The Trip Organiser has the discretion as to whether Outside Factors will prevent the partner service booked from taking place. It is the responsibility of the Trip Organiser to contact you and Tripkada as early as possible.
Subject to your consent, you and the Trip Organiser may choose to reschedule the partner service for another date. If the partner service cannot be rescheduled, you must contact Tripkada so we may assist in finding a replacement partner service. For clarity, in the event the alternative Trip Organiser service is of a higher price than the former, you will be responsible for any difference in price. In the event the alternative partner service is of a lower price, you will be entitled to a partial refund for the difference in the form of credit that you may use to book services on Tripkada up to one (1) year from the cancellation.
As a traveler, if you have contacted Tripkada as provided above and Tripkada is unable to find you a replacement partner service, Tripkada may refund the applicable Service Fees for such booking to you in the form of credit that you may use to book services on Tripkada up to one (1) year from the cancellation. Booking Fees are entirely non-refundable.
It is the responsibility of all Travellers, regardless of nationality and destination, to check with the consulate of the Philippines for current entry requirements.
As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the consulate of the Philippines prior to departure.
We strongly recommend that you purchase a comprehensive Travel Insurance Policy prior to departure. If you cancel your trip or significantly alter travel dates, many policies will reimburse the cost of cancellation fees and related expenses.
In addition, Tripkada is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Tripkada is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Tripkada enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
When Travellers provide their contact details to us in connection with any service or tool provided on the Website, they agree to allow the Website and its affiliated websites to add their email address to our database of users. They agree that this license includes a right for Tripkada to make such content available to other companies, organizations or individuals with whom Tripkada has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services.
User verification on the Internet is difficult and we cannot and do not confirm each user’s purported identity. Travellers and Partners agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorized users of their account, (ii) instruct each person to whom they give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if they believe their password may have become known to an unauthorized person, and (iv) notify us immediately if they are contacted by anyone requesting their online ID and password. We discourage them from giving anyone access to their online ID and password. However, if they do give someone their online ID and online password, or if they fail to adequately safeguard such information, they are responsible for any and all transactions that the person performs while using your account, even those transactions that are fraudulent or that they did not intend or want performed.
Users are granted a limited, revocable, non-exclusive license to access the Website and the content and services provided on the Website all in accordance with the express terms and conditions. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services provided by Tripkada, in the manner permitted by the Terms & Conditions.
Any use of the Website that is not in accordance with the Terms & Conditions is prohibited. By submitting, posting or displaying the content you give Tripkada an irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the Website.
The license to use the Website granted to users upon the terms and conditions contained herein does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our the prior written permission of Tripkada Travels, Inc., which permission shall be at the sole, unfettered discretion of Tripkada Travels, Inc.; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and noncommercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website.
The license to use the Website granted to Travellers upon the Terms & Conditions contained herein does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our the prior written permission of Tripkada, which permission shall be at the sole, unfettered discretion of Tripkada; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and noncommercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website.
Unauthorized uses of the Website shall also include, but is not limited to those uses listed below. You agree not to do any of the following:
If you are aware of or experience any content, activity or communication through or in connection with the Website that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms & Conditions, we ask that you please inform us of any such violation by sending an email [email protected]
We have no duty to pre-screen content posted on the Website by Partners, Travellers, and other users (collectively, “user-contributed content”) and we are not responsible for user-contributed content. We do, however, reserve the right to decline to permit the posting on the Website of, or to remove from the Website, any user-contributed content that Tripkada deems inappropriate, or if it otherwise violates the terms set forth in this Website.
We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms & Conditions, or any other requirements governing the posting of such content, has/have been apparently breached in respect of such content.
All tours, accommodations, and transportation services on the Website are submitted by our Partners and are the sole responsibility of the Partners, and we specifically disclaim any and all liability arising from the alleged inaccuracy of the tours, accommodations, and transportation or any alleged breaches of contract on a Partner’s part. Partners are solely responsible for keeping their tours, accommodations, and/or transportation information up-to-date on the Website, including, but not limited to any and all representations about any property, its amenities, location, price, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, tours and/or activities location, suitability, pricing or availability information published on the Website is accurate or up-to-date even in the case where prospective guests have searched for specific special offers, dates, or types of tours and/or activities. Partners are solely responsible for ensuring the accuracy of any tours, accommodations, and/or transportation descriptions, and Travellers are solely responsible for verifying the accuracy of such descriptions.
We reserve the right to disclose any information as permitted by prevailing or applicable law to satisfy any law, regulation or government request if we determine, in our sole discretion, that we are required to respond to, or if it would be in our interests to, respond to such request.
All content and copy edits submitted by Partners are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine, in our sole discretion, do not meet these terms and conditions or are otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any host. Partners are responsible for reviewing and ensuring that any content submitted to the Website is displayed as the Partner intended.
We respect the intellectual property rights of others, and Tripkada does not permit, condone, or tolerate the posting of any content on the Website that infringes any person’s copyright. Tripkada may terminate, in appropriate circumstances, a traveller or Partner who is the source of repeat infringements of copyright.
We do not solicit such ideas or suggestions and are under no obligation to review or consider them. If you choose to submit any ideas, original creative artwork, suggestions or other works (“submissions”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. The sole purpose of this policy is to avoid potential misunderstandings or disputes in the event that any part of our business, such as our products, websites, technologies or marketing strategies, seem similar to any of your submissions. If you provide any submissions to us, you agree that: (1) your submission and its contents will automatically become the property of Tripkada, without any compensation to you; (2) Tripkada may use or redistribute any such submission and its contents for any purpose and in any way; (3) there is no obligation for Tripkada to review any submission; and (4) there is no obligation to keep any submission confidential.
This Website may contain links and pointers to other internet sites, resources, advertisers, and sponsors of the Website. Links to and from the Website to other third-party Websites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party Websites or the contents thereof. We are not responsible in any way for such third-party Websites or resources and your use of such Websites and resources will not be governed by these Terms & Conditions.
In no event will the website, affiliates, officers, directors, and/or employees (collectively, the "FlipTrip Travels, Inc. Parties") be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from (A) our website, (B) these Terms & Conditions, (C) any breach of these Terms & Conditions by Travellers, Partners, and other users, or any third party, (D) use of the website, tools or services we provide related to the business we operate on the website by Travellers, Partners, or any third party, (E) any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from (1) Breach of Contract, (2) Breach of Warranty, (3) strict liability, (4) tort, (5) negligence, or (6) any other cause of action; to the maximum extent such exclusion and limitations are not prohibited by applicable law.
If you are dissatisfied with the website, you do not agree with any part of these Terms & Conditions, or have any other dispute or claim with or against us or another user of the website with respect to these Terms & Conditions or the website, and then your sole and exclusive remedy against us is to discontinue using the website. In all events, our liability and the liability of any member of the FlipTrip Travels Inc. Parties, to you or any third party in any circumstance arising out of or in connection with the website is limited to the greater (A) the amount of fees you pay to us in the twelve months prior to the action giving rise to liability or (B) Philippine Pesos PHP5, 000.00 in the aggregate for all claims.
The website, including all content, software functions, materials, and information made available on or accessed through the website is provided "as is". To the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever for the content on the website or the materials, information, and functions, made accessible by the software used on or accessed through the website, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the website or any linked website, even if we become aware of any such breaches. Further, we expressly disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability, fitness for a particular purpose or accuracy. We do not warrant that for a particular purpose or accuracy. We do not warrant that the functions contained in the website or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the website or the server that makes it available is free of viruses or other harmful components.
You acknowledge and agree that any transmission to and from this website is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to us and by posting information on the website, including tours, accommodations, and/or transportation, no confidential, fiduciary, and contractually implied or other relationship is created between you and us other than pursuant to these Terms & Conditions.
You acknowledge and agree that you will not hold or seek to hold responsible for the content provided by any user and you further acknowledge and agree that we are not a party to any rental transaction. We have no control over and do not guarantee the safety of any transaction, tours, accommodations, and/or transportation, or the truth or accuracy of any listing or other content provided on the website.
In the event that you have a dispute with one or more other users of the website (including, without limitation, any dispute between users regarding any transaction or user-contributed content), you hereby agree to release, remise, and forever discharge the website and any member of FlipTrip Travels Inc., each of their respective agents, directors, officers,employees, and all other related persons or entities from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature whatsoever, whether known or unknown, which now or hereafter arise from, relate to, or are connected with such dispute and/or your use of the website.
You hereby agree to indemnify, defend and hold the website and any members of FlipTrip Travels Inc. (collectively, the "Indemnified Parties") harmless from and against and all liability and costs incurred by the indemnified parties in connection with any claim arising out of your use of the website or otherwise relating to the business we conduct on the website (including, without limitation, any potential or actual communication, transaction or dispute between you and any other use or third party), any content posted by you or other users of your account to the website or any breach by you of these terms and conditions or the representations, warranties, and covenants made by you herein, including without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent.
Any and all services and rights of use hereunder are performed, performable, and/or sold in the Republic of the Philippines, and you irrevocably agree that any cause of action you may submit in connection with your use of the website or pursuant to these Terms & Conditions will be filed in the Republic of the Philippines which you acknowledge and agree will be the exclusive forum and venue for any dispute between you and us. You also agree that any dispute between you and us will be governed by the laws of the Republic of the Philippines, without regard to conflict of laws principles.
Any cause of action you may have hereunder or with respect to your use of the website must be commenced by filing suit in the Republic of the Philippines, within one (1) year after the incident upon which the claim or cause of action is based first occurred.
No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is intended or created by these Terms & Conditions or your use of the Website.
Notices: Except as explicitly stated otherwise, any notices to us shall be given by email to [email protected]
When we need to send you notice, it will be sent to the email address you provide to the Website during the registration process or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 48 hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process or as later updated in your account (if applicable). In such case, notice shall be deemed given three days after the date of mailing.
Enforcement of These Terms & Conditions: We may immediately terminate any user’s access to or use of the Website due to such user’s breach of these terms or any other unauthorized use of the Website. However, we do not guarantee that we will take action against all breaches of these Terms & Conditions. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms & Conditions does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.
Entire Agreement, Headings and Severability: These Terms & Conditions constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreement between us and you with respect to your use of the Website. Headings in these Terms & Conditions are for reference only and do not limit the scope or extent of such section. If any portion of these Terms & Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms & Conditions shall remain in full force and effect. Further, any provision of these Terms & Conditions held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
This Website and the services provided may only be used by Travellers and Partners who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms & Conditions. Each Traveller and/or Partner represents and covenants that all information submitted to us and to the Website during such Partner's registration with FlipTrip Travels, Inc. shall be true and correct. Each Traveller and/or Partner agrees to promptly provide such proof of personal identification, proof of ownership of the property listed on the Website, and proof of authority to list the property as we may request.
All printed (paper based) photographs submitted by Travellers and Partners will be discarded after we have scanned the same into our electronic database. We have no responsibility to return such photographs. We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
Photographs should depict the tours and/or activities as the main subject of the photograph and may not include children or adults without their legal consent or any information that would violate the privacy rights, intellectual property rights or any other rights of a third party. Photographs must meet our Content Guidelines. We reserve the right not to display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms & Conditions or are otherwise unacceptable to us.
By submitting a photograph either electronically through the Website or by mailing a paper photograph to our offices, the Partner represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement on the Website, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Website and any member of the FlipTrip Travels, Inc. from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted.
It is the Partner’s responsibility to obtain reproduction permission for all photographic and other material used in its advertisements. The Partner warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request.
By accepting these Terms & Conditions and by posting a listing on the Website, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, nonexclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Website or the websites of our affiliates, and you grant the Website and the members of the FlipTrip Travels, Inc. Parties the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. We need these rights to host and display your listing.
You further agree to assist us to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any host or guest and each host or guest agrees to indemnify and hold harmless the Website and any user of the FlipTrip Travels, Inc. against any action brought for breach of copyright or other rights from the use of such content supplied by such host. Each Partner hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by any host.
Further, each host agrees that we may reproduce in whole or in part any photographic material supplied by such partner in the promotion of either such Partner’s property or the promotion of the Website.