Terms & Conditions
What is this document?
1.1. These terms of use, read together with the Privacy Policy located at ("Privacy Policy"), constitute a legal and binding contract ("Agreement") between you and Network Holidays LLC, a company validly existing under the laws of UAE ("TripQuestor") providing, inter alia, the terms that govern your access to use (i) TripQuestor's website ("Website"), (ii) TripQuestor's mobile applications ("Mobile Applications"), (iii) TripQuestor's online travel, accommodation, and allied reservation services, and (iv) any other service that may be provided by TripQuestor from time to time (collectively referred to as the "Services"). You hereby agree and understand that this Agreement is a binding contract between TripQuestor and any person who accesses, browses, or uses the Services in any manner and accordingly you hereby agree to be bound by the terms contained in this Agreement. If you do not agree to the terms contained in this Agreement, you shall not have the right to use the Services and shall forthwith leave the Website and stop using the Mobile Applications. The terms contained in this Agreement shall be accepted without any modification. The use of the Services would constitute acceptance of the terms of this Agreement.
1.2. You must be 16 (Sixteen) Lunar years of age or older to register, or visit or use the Services in any manner. By registering, visiting or using the Services, you hereby represent and warrant to TripQuestor that you are 16 (Sixteen) lunar years of age or older, and that you have the right, authority, and capacity to use the Services and agree to and abide by this Agreement. If you are using the Services on behalf of another organization or entity ("Organization"), then you are agreeing to be bound by the Agreement on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to this Agreement. In that case, "you" and "your" refers to you and the concerned Organization.
1.3. This Agreement is published in compliance with, and is governed by the provisions of UAE laws.
1.4. TripQuestor authorizes you to view and access the content available on the Services solely for ordering, receiving, delivering, and communicating only as per this Agreement. The contents of the Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement, and assembly of content on the Website, Mobile Applications or any of the other Services ("TripQuestor Content"), are the property of TripQuestor and are protected under copyright, trademark and other applicable laws. You shall not modify the TripQuestor Content or reproduce, display, publicly perform, distribute, or otherwise use the TripQuestor Content in any way for any public or commercial purpose or for personal gain.
1.5. All rights and liabilities of TripQuestor with respect to any Services to be provided by TripQuestor shall be restricted to the scope of this Agreement. In addition to this Agreement, you shall also ensure that you are in compliance with the terms and conditions of the third parties, whose links are contained/embedded in the Services, with whom you choose to transact. It is hereby clarified that TripQuestor shall not be held liable for any transaction between you and any such third party.
1.6. Where there is a contradiction between this Agreement and the conditions mentioned under the provisions of the Privacy Policy located at <<>>. this Agreement shall prevail.
Use of Services
2.1. TripQuestor permits the viewing, copying, downloading of materials available on the Website and the Mobile Applications provided that the material so obtained is used solely for personal and non-commercial purposes and such proprietary notices appearing on the material are reproduced.
2.2. You hereby agree that you shall not at any time (i) distribute, resell, cross-sell, or permit access to the Services to any third party, (ii) permit multiple end users to access the Services using shared login credentials (i.e., a shared email address and password), (iii) use the Services other than in accordance with (a) the instructions or documentation which TripQuestor may provide from time to time, (b) applicable laws and (c) the terms contained in this Agreement.
2.3. TripQuestor may, at any time and without having to serve any prior notice to you, (i) upgrade, update, change, modify, or improve the Services or a part of the Services in a manner it may deem fit, (ii) change any promotion scheme, promotion period, grace period (by whatever name it is called) and (iii) change the contents of this Agreement or the Privacy Policy. It is your responsibility, in such cases, to review the terms of the Agreement from time to time. Such changes shall be made applicable when they are posted. TripQuestor may also alter or remove any content from the Website or the Mobile Applications without notice and without liability.
2.4. TripQuestor reserves the right, at its sole discretion, to suspend your ability to use or access the Services (or a part of the Services) at any time while TripQuestor investigates complaints or alleged violations of this Agreement, or for any other reason. Further, it shall also have the ability to prohibit or restrict you from using the Services if TripQuestor, in its opinion, feels that you are misusing the Services in any manner whatsoever.
2.5. You agree to abide by the terms and conditions of purchase imposed by any third-party supplier (such as airline companies, hotels, agents, etc.) ("Suppliers") with whom you elect to transact by using the Services, including, but not limited to, payment of all amounts when due and with the Supplier's rules and restrictions regarding availability, booking, cancelling, rescheduling, and use of fares, products, or services. You understand that any violation of any such Supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable product or services, in your forfeiting any monies paid for such reservation(s), and/or in TripQuestor debiting your account for any costs that it incurs as a result of such violation.
2.6. TripQuestor may, from time to time, run promotional campaigns and contests that require you to send in material or information about yourself. Each such promotional campaign and contest has its own rules and regulations, which you must read and agree to before you participate in the same.
2.7. The use of Services is governed by TripQuestor's Privacy Policy. TripQuestor's Privacy Policy sets forth its practices regarding the collection, use, and disclosure of personal information that it obtains about you in connection with the Services.
Payments
3.1. TripQuestor shall have the right to charge transaction fees based on certain completed transactions using the Services. These charges/fees may also be altered by TripQuestor without any notice. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.
3.2. By booking with TripQuestor, you authorize TripQuestor and its agents to transact with your bank or other payment gateways to obtain the necessary information required to confirm payment, collect payment, resolve inquiries and billing disputes, and/or as otherwise required to manage the booking. TripQuestor does not collect or store your credit card information.
3.3. You hereby understand and agree that your reservation/booking is contingent upon TripQuestor receiving the applicable fees/consideration/fares in its account and unless such monies have been credited into TripQuestor's account, it shall be under no obligation to issue you with the relevant tickets, reservation confirmation, passenger name record (PNR) or such other confirmations in connection with the Services.
3.4. In the event a booking or reservation does not get confirmed for any reason, TripQuestor is under no obligation to make another booking to compensate or replace the earlier booking. All subsequent bookings shall be treated as a new transaction without any reference to the earlier transaction. All refunds shall take place as per the normal banking payment cycle.
3.5. Payment shall be made through the payment gateways authorized by TripQuestor. You must adhere to the terms and conditions that are prescribed by payment gateways through which you choose to transact. TripQuestor shall not be gateways.
User Covenants
4.1. TripQuestor hereby informs you that you are not permitted to host, display, upload, modify, publish, transmit, update, or share any information that:
(i) belongs to another person and to which you do not have any right; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(ii) harms minors in any way;
(iii) infringes any patent, trademark, copyright or other proprietary rights;
(iv) violates any law for the time being in force;
(v) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vi) impersonates or defames another person;
(vii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
(viii) threatens the unity, integrity, defence, security or sovereignty of UAE, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents the investigation of any offense or is insulting to any other nation.
4.2. You are also prohibited from:
(i) violating or attempting to violate the integrity or security of the Services or any TripQuestor Content;
(ii) transmitting any information (including job posts, messages, and hyperlinks) on or through the Services that is disruptive or competitive to the provision of the Services by TripQuestor;
(iii) intentionally submitting on the Services any incomplete, false or inaccurate information;
(iv) making any unsolicited communications to other users of the Services;
(v) using any engine, software, tool, agent, or other device or mechanism (such as spiders, robots, avatars, or intelligent agents) to navigate or search the Services;
(vi) attempting to decipher, decompile, disassemble or reverse engineer any part of the Services unless expressly permitted by applicable law;
(vii) copying or duplicating in any manner any of the TripQuestor Content or other information available from the Services;
(viii) framing or hotlinking or deep linking any TripQuestor Content;
(ix) circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
4.3. TripQuestor, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with an electronic signature about any such information as mentioned in S. 4.1 above, shall be entitled to disable such information that is in contravention of S. 4.1. TripQuestor shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
4.4. In case of non-compliance with any applicable laws, rules, or regulations, or the Agreement (including the Privacy Policy) by a user, TripQuestor has the right to immediately terminate the access or usage rights of the user to the Services and to remove non-compliant information.
4.5. TripQuestor may disclose or transfer user-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit TripQuestor to transfer sensitive personal data or information, including any information, to any other body corporate or a person in UAE, or located in any other country, that ensures the same level of data protection that is adhered to by TripQuestor as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between TripQuestor or any person on its behalf and the user or where the user has consented to data transfer.
4.6. TripQuestor respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights.
Proprietary Rights
5.1. TripQuestor is the sole and exclusive owner or the licensee of all the intellectual property rights to and into the trademark "TripQuestor" and the Services, including, without limitation, any and all rights, titles, and interests in and to the copyright, related rights, patents, utility models, trademarks, trade names, logos, designs, know-how, trade secrets, and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks ("TripQuestor Intellectual Property"). You acknowledge and agree that you shall not use, reproduce or distribute any TripQuestor Intellectual Property without obtaining authorization from TripQuestor.
5.2. TripQuestor shall own all rights, titles, and interests in and to any feedback, suggestions, information, or materials provided to TripQuestor by you in connection with your use of the Services ("Feedback"). You hereby assign to TripQuestor any and all rights, titles, and interests in and to such Feedback and agree that TripQuestor shall have the right to use, implement, and exploit any such Feedback in any manner without restriction and without any obligation of confidentiality, attribution, accounting, compensation, or other duty to account.
Disclaimers & Warranties
6.1. The use of the Services is at your own risk, and TripQuestor shall not be responsible for any consequences or liability arising therefrom. The Services are provided "as is" and "as available," and TripQuestor does not warrant the accuracy, completeness, non-infringement, merchantability, or fitness for a particular purpose of the Services or any content available therein.
6.2. TripQuestor does not make any warranties or representations that the Services shall be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by you from TripQuestor or through the Services shall create any warranty not expressly stated herein.
Limitation of Liability
7.1. To the fullest extent permitted by applicable law, TripQuestor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services, (ii) any unauthorized access to or use of the Services, (iii) any interruption or cessation of transmission to or from the Services, or (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services by any third party.
7.2. Notwithstanding anything to the contrary contained herein, TripQuestor's liability to you for any damages arising out of or related to this Agreement or your use of the Services shall at all times be limited to the greater of (i) the amount paid by you to TripQuestor for access to and use of the Services in the 12 months preceding the incident giving rise to such claim or (ii) USD 100 (One Hundred United States Dollars).
Indemnity
8.1. You agree to indemnify and hold harmless TripQuestor, its affiliates, and each of their officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of or relating to (i) your use of the Services, (ii) your violation of this Agreement, (iii) your violation of any third-party right, including without limitation any intellectual property right or privacy right, or (iv) any claim that your use of the Services caused damage to a third party.
Governing Law & Dispute Resolution
9.1. This Agreement shall be governed by and construed in accordance with the laws of UAE, without regard to its conflict of law principles. Any disputes arising out of or in connection with this Agreement or the Services shall be subject to the exclusive jurisdiction of the courts of UAE.
9.2. You and TripQuestor agree that any dispute arising out of or relating to this Agreement or the Services that cannot be resolved through good faith negotiations shall be finally resolved by binding arbitration under the rules of the UAE Arbitration Act. The arbitration shall take place in Dubai, UAE, and the arbitral award may be enforced in any court of competent jurisdiction.
General
10.1. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. TripQuestor's failure to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
10.2. This Agreement constitutes the entire agreement between you and TripQuestor regarding your use of the Services and supersedes any prior agreements or understandings (whether written or oral) between you and TripQuestor relating to such subject matter.
10.3. You may not assign or transfer this Agreement, by operation of law or otherwise, without TripQuestor's prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. TripQuestor may freely assign or transfer this Agreement without restriction.
10.4. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
By using the Services, you hereby agree to this Agreement and consent to TripQuestor's use of your personal information in accordance with its Privacy Policy. If you do not agree to these terms, please do not use the Services.