Terms of Service
AGREEMENT BETWEEN USER AND BANZAI.TRAVEL
2. We do not sell anything the website is a booking Platform that provides users with price and activities options. BANZAI.TRAVEL booking platform offers its Booking service, which allows a user to make a booking through our Platform. If you opt to use BANZAI.TRAVEL, the booking will be made with the Activity Provider named on the booking page, and BANZAI.TRAVEL will forward the booking information that you provide to the relevant Activity Provider. When you make a booking through BANZAI.TRAVEL, our Platform acts as only a user interface, and you will only have a valid booking with an Activity Provider if you receive written confirmation within one day from that Activity Provider accepting your booking.
The contract for the relevant booking will be made between you and the Activity Provider. BANZAI.TRAVEL has no responsibility for the booking or the Activities Options because BANZAI.TRAVEL has no involvement in creating the description of the Activities Options, in defining the price and any fees, and in providing the Activities Options that you book. If you have any issues or disputes around your booking and/or the Activities Options, you agree to address and resolve these with the Activity Provider and not with us.
BANZAI.TRAVEL does not provide, own or control any of the Activities services and products that you can access through our Platform (the “Activities Options”). The Activities Options are owned, controlled or made available by third parties (the “Activities Providers”), either directly (e.g., a provider) or through a facilitator of hotel concierge reservations (e.g., a front desk concierge in a hotel). The Activities Providers are responsible for the Activities Options. The booking of an Activity Option takes place on our platform and then send automatically to the Activity Provider. The Activities Providers terms and privacy policies apply to your booking, so you must agree to, and understand those terms. Further, the terms of the activity booked and security advisor rules, if different from the Activity Provider, will also apply to your booking, so you must also agree to, and understand those terms. Your interaction with any Activity Provider accessed through our Platform is at your own risk, and BANZAI.TRAVEL does not have any responsibility should anything go wrong with your booking. BANZAI.TRAVEL has no control over the Activities Options or the Activities Providers.
BANZAI.TRAVEL is in no way responsible or liable for the accuracy, quality, completeness, reliability, security, timeliness or trustworthiness of the Content, and BANZAI.TRAVEL has no influence over the Content. In particular, we do not guarantee that Provider Content, in particular the prices reflected therein, will be updated in real time or that an Activities Providers Product will be available. As a result, the price displayed by an Activities Providers may not correspond to that displayed on our Platform.
3. Use of the Platform
As a condition of your use of our Platform, you warrant that:
- You are at least 18 years of age;
- You possess the legal authority to create a binding legal obligation;
- You will use the Platform in accordance with these Terms;
- You will only use this Platform for your private use to search for legitimate Activities Options;
- You will inform such other persons about the Terms that apply to any searches and/or bookings you have made on their behalf, including all rules and restrictions applicable thereto;
- All information supplied by you to our Platform is true, accurate, current and complete; and
- if you have an BANZAI.TRAVEL account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access to anyone to our Platform and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
The Activities Options presented on the Platform are displayed in the currency you have selected. If you do not select any currency, the relevant currency for the respective top-level domain will be used as the default. Our currency conversion is for information purposes only and should not be relied upon as accurate and real time. Some Activities Options may also be sold in another currency than the one preset or chosen by you for the display of the search results. Actual rates may vary and your payment provider (e.g. your credit card company) may charge conversion fees and apply another date’s exchange rate.
All prices displayed are to be understood as applying per person and for Activity. All displayed prices include, the applicable sales tax.
4. Prohibited Activities The content and information on our Platform (including, but not limited to, price and availability of Activities Options) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your itinerary (and related documents) for h Activities Options booked through our Platform, 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 Platform. Additionally, you agree not to:
- Use our Platform or its contents for any commercial purpose;
- Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- Access, monitor or copy any content or information of our Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- Violate the restrictions in any robot exclusion headers on our Platform or bypass or circumvent other measures employed to prevent or limit access to our Platform;
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Deep-link to any portion of our Platform (including, without limitation, the purchase path for any Activities Options) for any purpose without our express written permission; or
- “Frame”, “mirror” or otherwise incorporate any part of our Platform into any other website without our prior written authorization.
If your activity on our Platform shows signs of fraud, abuse or suspicious activity, BANZAI.TRAVEL may deny its services to you, and close any associated BANZAI.TRAVEL accounts. If you have conducted any fraudulent activity, BANZAI.TRAVEL reserves the right to take any necessary legal action and you may be liable for monetary losses to BANZAI.TRAVEL, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact BANZAI.TRAVEL customer service.
5. Links to third-party sites Our Platform may contain hyperlinks to websites operated by parties other than BANZAI.TRAVEL. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Platform or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
7. Our liability is limited BANZAI.TRAVEL makes no representations about the suitability of the Content displayed on our Platform for any purpose. The display on our Platform of an Activities Options or any Content does not in any way imply, suggest, or constitute a recommendation by BANZAI.TRAVEL of that Activities Options or that Content, or any sponsorship or approval of such Activities Options or such Content by such Activities Providers, or any affiliation between such Activities Providers and BANZAI.TRAVEL. All Content and any other information provided on our Platform are provided “as is” without warranty of any kind. BANZAI.TRAVEL disclaims all warranties and conditions that this Platform, its servers or any email sent from BANZAI.TRAVEL are free of viruses or other harmful components. BANZAI.TRAVEL hereby disclaims all warranties and conditions with regard to any Content or any other information provided on our Platform, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The Activities Providers are independent from BANZAI.TRAVEL and are not agents or employees of BANZAI.TRAVEL. BANZAI.TRAVEL is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Activities Providers, including for injuries, death, property damage, or other damages or expenses resulting therefrom.
BANZAI.TRAVEL will not be liable for any cancellation, overbooking, strike, force majeure or other causes beyond its direct control. BANZAI.TRAVEL does not accept responsibility for the uninterrupted accessibility to our Platform and may carry out technical or maintenance work on the Platform at any of its choosing.
In no event shall BANZAI.TRAVEL be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Platform or with the delay or inability to access, display or use this Platform (including, but not limited to, your reliance upon opinions appearing on this Platform; any computer viruses, information, software, linked sites, products and services obtaining through this Platform; or otherwise arising out of the access to, display of or use of this Platform) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if BANZAI.TRAVEL has been advised of the possibility of such damages.
If, despite the limitation above, BANZAI.TRAVEL is found liable for any loss or damage which arises out of, or in any way connected with, any of the occurrences described above, then the liability of BANZAI.TRAVEL will in no event exceed, in the aggregate, One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of BANZAI.TRAVEL.
8. You agree to protect us You agree to defend and indemnify BANZAI.TRAVEL and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of our Platform.
9. Dispute Resolution BANZAI.TRAVEL is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.
You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Platform, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Statement (“Claims”) by contacting BANZAI.TRAVEL’S Customer Support Center here. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.
10. BANZAI.TRAVEL hosts content, including prices, images and other information, made available by or obtained from the Activities Providers (“Provider Content”), as well as content provided by users, such as comments, images and other information (“User Content” and together with the Provider Content, the “Content”).
We need certain permissions from you to provide our services:
- Permission to use content you create and share:You own the content you create and share on TRAVEL and the other BANZAI.TRAVEL Products you use, and nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content.Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on BANZAI.TRAVEL, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other BANZAI.TRAVEL Products you use.
You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period of time in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.
- Permission to use your name, profile picture, and information about your actions with ads and sponsored content:You give us permission to use your name and profile picture and information about actions you have taken on TRAVEL next to or in connection with ads, offers, and other sponsored content that we display across our Products, without any compensation to you. For example, we may show your friends that you are interested in an advertised event or have liked a Page created by a brand that has paid us to display its ads on BANZAI.TRAVEL. Ads like this can be seen only by people who have your permission to see the actions you’ve taken on BANZAI.TRAVEL. You can learn more about your ad settings and preferences.
- Permission to update software you use or download: If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.
11. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on BANZAI.TRAVEL), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
12. Additional terms These Terms are governed by the Federal Arbitration Act, federal arbitration law, and for searches or bookings made by U.S. residents, the laws of the state in which you reside, without regard to principles of conflicts of laws. Use of our Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Platform are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.