Terms and Conditions
Last Updated: January 26, 2024.
TravelCulPride Terms and Conditions
ARTICLE 1: INTRODUCTION
These terms and conditions (these “terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, “customer”, “user”) and CulPride, along with its agents, assigns, and affiliates (“TravelCulPride”, "CulPride”, “we”, “us”, or “our”), concerning your access to and use of the https://travelculpride.com/ platform as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto which is controlled by CulPride (collectively, the “platform”) and your access and use our services, that may be accessed by, any mobile or computing device you own or control in connection with Travel Packages, flight booking, hotel booking, cultural experiences, festival highlights, and other services that we offer (collectively, the “services”). You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
You may not use or access the Services unless, and by accessing the Services you represent and warrant that, you (1) if an individual, are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site, (2) have not at any time breached a contract with CulPride, (3) that you are the holder of the bank/credit card or bank account used for purchases on the Website, and (4) accept and agree to be bound by these Terms.
These Terms constitute the entire agreement between you and us, regarding your access to, and use of, any of our Services.
ARTICLE 2: CHANGES
Supplemental Terms and Conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.
The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
ARTICLE 3: DEFINITIONS
Capitalized terms have the meanings of their definitions:
“Booking” means the purchase of a Travel Package on the Platform by a Traveler.
“Booking Page” means a unique booking webpage for a specific product on the Platform where a Traveler can introduce his data and payment details to directly book a specific Travel Package.
“Booking Process” means the process of reserving a tour, including payment terms, cancellation policies, and any applicable discounts or promotions.
“Commission” means the commission payable to CulPride by Operator in accordance with these terms and conditions.
“Data Protection Laws” means all applicable laws, regulations and standards relating to data protection and privacy, including but not limited to The General Data Protection Regulation (GDPR) of the European Union, and The California Consumer Privacy Act (CCPA) as well as any other applicable laws, regulations or standards relating to data protection and privacy.
“Health and Safety” means guidelines and requirements related to the health and safety of participants during the tour. This may include information about vaccinations, physical fitness, travel insurance, and any specific safety measures implemented by CulPride.
“Platform” means the online marketplace operated by CulPride on which Travel Packages are marketed and made available to purchase and where Partners can register and access their CulPride Partner Account.
“Tour Inclusions and Exclusions” includes a clear description of what is included in the tour package, such as transportation, accommodation, meals, activities, and any additional services. It also specifies what expenses are not covered, such as personal expenses, souvenirs, and optional excursions.
“Traveler/Participant” means a person who, pursuant to these terms and conditions, purchases a Travel Package on the Platform.
“Traveler Information” means personally identifiable information of individual Travelers, including name, address, phone number, e-mail address, date of birth, social security number, credit card information, driver’s license number, account numbers, PINs and/or passwords, and customer.
“Travel Package” means a package offered and sold via the Platform including but not limited to, travel planning, flight booking, hotel and stay booking, car rentals, cultural tourism packages, and other services.
ARTICLE 4: INTELLECTUAL PROPERTY RIGHTS
4.1 CulPride’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
4.2 Use of the Services; Restrictions
Provided that you are eligible to use the Services, you are granted a limited, revocable, non-exclusive, and non-transferable license to access and use the Services in accordance with these Terms. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks. Except as expressly stated herein, these Terms and Conditions do not provide you with a license to use, reproduce, distribute, display or provide access to any portion of the Services on third-party websites or otherwise.
4.3 All logos and trademarks of third party or social networks on this site are the property of their respective owners. These elements are used exclusively for identification and reference purposes, and do not imply any association or imply any association with or endorsement by the companies that own them.
4.4 Feedback: We appreciate your suggestions, comments, bug reports, feature requests, or other feedback ("Feedback"). We are not obligated to keep Feedback confidential, even if you indicate it as such. If you provide feedback, comments, ideas or suggestions for our products and services, you assign to us all of your worldwide right, title and interest in and to any and all comments, suggestions, requests, recommendations or other feedback you choose to provide to us in connection with our Products, including all Intellectual Property Rights therein, and you agree that if necessary you will complete any documents deemed necessary to effect this assignment. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights you may have in any opinion, suggestion or other comment, even if it is altered or changed in a way that is not to your liking. you also understand and agree that you will not receive any fee, sum, consideration or remuneration for any of the rights granted in this section. Our receipt of your opinions, suggestions and other comments does not constitute an admission of their novelty, priority or originality, nor does it impair our right to any existing or future intellectual property rights.
ARTICLE 5 - MOBILE APPLICATIONS
5.1 To use any mobile application feature of the Services (each, an “App”), you must have a compatible mobile device. We do not warrant that any App will be compatible with your mobile device. You may use mobile data in connection with an App and may incur additional charges from your wireless provider for using an App. You agree that you are solely responsible for any applicable charges. We may update any app and may automatically electronically update the version of any App that you have installed on a mobile device. You consent to all automatic upgrades, and understand that these Terms and Conditions will apply to all updated versions of an App. Any third-party open source software included in an App is subject to the applicable open source license and may be available directly from the creator under an open source license. These Terms and Conditions do not apply to your use of software obtained from a third-party source under an open source license.
ARTICLE 6 - USER REPRESENTATIONS
6.1 By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non¬human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
6.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, or otherwise breach any of the above representations or warranties, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
ARTICLE 7 - USER REGISTRATION
7.1 You may be required to register with the Platform. When you register for an account you will be asked to provide us with some information about yourself, such as email address, phone number, or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You may not share your user account(s) with others. Users must inform CulPride immediately and unambiguously, using the contact details indicated herein, in case they believe that their personal information, including, but not limited to, User accounts, access credentials or personal data, have been violated, improperly disclosed or stolen.
ARTICLE 8: PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Circumvent, disable, or otherwise interfere with security¬-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Services.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
Attempt to impersonate another user or person or use the username of another user.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Delete the copyright or other proprietary rights notice from any Content.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, blockchain mining programs, or other material, including spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use the Services in a manner inconsistent with any applicable laws or regulations shall be prohibited use by reason of law.
ARTICLE 8: RESERVATIONS AND PAYMENTS
8.1 Offer Validity and Availability: The availability of all services offered by TravelCulPride is contingent upon the availability at the time of the Client's booking. TravelCulPride does not guarantee the availability of any service at the quotation stage and cannot provisionally block or reserve any services prior to the receipt of a formal booking confirmation from the Client. The Client acknowledges that all offers presented by TravelCulPride are subject to change or withdrawal until a booking is confirmed. Changes in bookings are subject to the supplier’s cancellation and amendment policies.
8.2 Payment Policy and Schedule: TravelCulPride operates on a full pre-payment basis. The specific payment policy applicable to the Client's booking will be communicated at the time of booking confirmation. Unless otherwise specified or agreed upon in writing:
a) A non-refundable deposit constituting 25% of the total service cost is required at the time of booking confirmation to secure the reservation (the "Deposit").
b) The balance of the payment (constituting 75% of the total service cost) must be paid in full no later than one (1) month prior to the Client's scheduled arrival date (the "Final Payment Deadline").
8.3 Variation of Payment Terms: The aforementioned payment terms are standard; however, they may vary based on the type of booking, the nature of the services, or the requirements of third-party service providers. Any variations to the standard payment terms will be communicated to the Client in writing at the time of booking confirmation.
8.4 Scope of Services: The scope of services to be provided by TravelCulPride to the Client is strictly limited to those services expressly described in the written order confirmation provided by TravelCulPride to the Client (the "Service Confirmation").
8.5 Amendments to Services: Any additions, deletions, or other alterations to the services described in the Service Confirmation shall not be effective unless and until such amendments are agreed upon in writing by both TravelCulPride and the Client. The Client acknowledges that additional charges may apply for any amendments to the services and that such amendments may also necessitate a revision of the payment terms as outlined in Article 8.2 and 8.3.
8.6 Non-Refundable Deposit: The Client acknowledges and agrees that the Deposit is non-refundable and non-transferable under any circumstances, serving as a commitment to the booking and compensation for administrative expenses and potential loss of business by TravelCulPride due to the holding of the reservation.
8.7 Cancellation by Client: In the event of cancellation by the Client, TravelCulPride's cancellation policy, as communicated at the time of booking confirmation, shall apply. The Client acknowledges that this may result in the forfeiture of the Deposit and any other payments made, depending on the timing of the cancellation relative to the scheduled arrival date.
ARTICLE 9: CONDITIONS OF TRAVEL
9.1 Adherence to Travel Itinerary: The Client and all participants in the Client's travel group (collectively, the "Participants") are required to adhere strictly to the travel itinerary and program (the "Program") as prepared and provided by TravelCulPride. Any deviation from the Program by the Participants without the prior written consent of TravelCulPride is strictly prohibited.
9.2 No Refund for Non-Compliance or No-Show: In the event of non-compliance with the Program by the Participants, or if a Participant fails to join the Program (a "No-Show"), no refunds shall be provided for any portion of the Program that is missed or unutilized. This includes, but is not limited to, missed transport, accommodation, meals, tours, and other services included in the Program.
9.3 Amendments After Arrival: If, after the commencement of travel, the itinerary of the Program is amended due to any circumstances beyond the control of TravelCulPride, including but not limited to natural disasters, political instability, health pandemics, or other force majeure events, TravelCulPride will make reasonable efforts to arrange alternative services. However, TravelCulPride shall not be held responsible for any inability to provide the original services as per the Program, and no refunds shall be provided for services that are altered or not utilized.
9.4 Liability for Participant Punctuality: TravelCulPride is not liable for any disruption, delay, modification, or cancellation of any part of the Program resulting from the late arrival or non-punctuality of any Participant(s). In such cases, no compensation or refund will be provided for services not utilized or for any additional costs incurred.
9.5 Responsibility for Safety and Enjoyment: While TravelCulPride will make reasonable efforts to ensure the safety, participation, and enjoyment of the Participants during the Program, it is the responsibility of each Participant to follow the instructions and guidelines provided by TravelCulPride and its service providers. TravelCulPride shall not be held responsible for any incidents, injuries, or dissatisfaction arising from a Participant's failure to adhere to such instructions and guidelines.
ARTICLE 10: TRAVEL DOCUMENTATION
10.1 Requirement of Documentation: All participants (the "Participants") in the travel program organized by TravelCulPride are required to possess valid travel documentation, including, but not limited to, passports, visas, or any other documents necessary for international travel (collectively, "Travel Documents"), that are applicable to their itinerary.
10.2 Responsibility for Obtaining Documentation: It is the sole responsibility of the Participants to ensure that they obtain all necessary Travel Documents in a timely manner and that such Travel Documents are valid for the entire duration of their travel. This responsibility includes fulfilling all requirements for passports, visas, health declarations, and any other immigration or entry requirements associated with their itinerary.
10.3 Absence of Liability for TravelCulPride: TravelCulPride does not accept any responsibility or liability for any Participant's inability to travel due to non-compliance with any Travel Document requirements. This includes any consequences arising from invalid, expired, or incomplete Travel Documents, or the refusal of entry or exit by any immigration or other government authorities.
ARTICLE 11: WEATHER CONDITIONS
11.1 Acknowledgment of Weather Variability: The Participants acknowledge that global weather patterns are unpredictable and can vary significantly, potentially affecting travel plans and itineraries. TravelCulPride cannot control or predict weather conditions and cannot be held responsible for any disruption, inconvenience, or cancellation of services due to adverse or unusual weather conditions.
11.2 Absence of Liability for Weather-Related Disruption: TravelCulPride shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from disruption to travel plans due to bad or unusual weather conditions. Participants are advised to consider comprehensive travel insurance that covers weather-related disruptions.
11.3 Advisory Services: While TravelCulPride may provide weather-related advice and information as a courtesy to Participants, it is understood that such information is based on third-party forecasts and predictions, which may be subject to change. The ultimate responsibility for the decision to travel or to continue with the travel program in light of weather conditions rests with the Participants.
ARTICLE 12: HEALTH AND MEDICAL REQUIREMENTS
12.1 Health Requirements and Documentation: The Participants are responsible for acquainting themselves with the health requirements applicable to their travel destinations. This includes obtaining all necessary vaccinations and carrying valid vaccination documentation as required by the destination or transit countries.
12.2 Disclosure of Medical Conditions: The Participants are required to disclose any pre-existing medical conditions or disabilities that may affect their ability to participate fully in the travel itinerary. It is the Participants' responsibility to ensure that TravelCulPride is informed of such conditions well in advance of the travel start date to allow for suitable arrangements or alternatives to be considered.
12.3 Insurance Coverage: TravelCulPride strongly recommends that all Participants obtain comprehensive insurance coverage, which should include provisions for health, life, and property loss/damage. It is the Participants' responsibility to ensure that their insurance coverage is adequate and appropriate for their specific needs.
12.4 Special Requirements: Participants with special requirements, including dietary restrictions, medical needs, or mobility issues, must inform TravelCulPride at the time of booking or as soon as such requirements become known. TravelCulPride will make reasonable efforts to accommodate these requirements but cannot guarantee the availability or provision of such accommodations.
ARTICLE 13: INSURANCE AND LIABILITY
13.1 Travel Insurance: Participants are responsible for securing travel insurance that provides adequate coverage for their needs. TravelCulPride shall not be liable for verifying or ensuring the adequacy of the Participants' insurance coverage.
13.2 Absence of Liability for Personal Belongings: TravelCulPride cannot be held responsible for any loss, theft, or damage to the Participants' personal belongings during the course of the travel. It is the Participants' responsibility to take appropriate measures to safeguard their belongings, including important documents and valuables.
13.3 Consequences of Lack of Insurance: Participants who fail to obtain insurance coverage, or whose insurance coverage is inadequate, shall bear all consequences thereof. This includes, but is not limited to, bearing the costs of cancellation within the terms advised at the time of booking confirmation, as well as any medical or other assistance required during travel. TravelCulPride shall not be responsible for any costs incurred due to the Participants' lack of or inadequate insurance.
13.4 Assistance and Support: While TravelCulPride will provide reasonable assistance and support to Participants during the travel, the responsibility for obtaining and maintaining adequate insurance coverage lies solely with the Participants. TravelCulPride's assistance does not constitute an acceptance of liability for any aspects covered or ought to be covered by personal travel insurance.
ARTICLE 14: LOCAL PURCHASES
14.1 Absence of Responsibility for Local Purchases: TravelCulPride cannot accept responsibility for any items purchased by the Participants during the travel, including but not limited to jewelry, electronics, souvenirs, or any other goods. The Participants acknowledge that TravelCulPride does not provide any guarantees or warranties regarding the quality, safety, legality, or any other aspect of items purchased locally.
14.2 Import Duties and Freight Charges: The Participants are solely responsible for verifying and paying any extra charges that may be applicable to their purchases, including import duties, taxes, or freight charges. TravelCulPride is not liable for any costs, losses, or damages incurred by the Participants relating to the import or transportation of items purchased during the travel.
ARTICLE 15: PERSONAL BELONGINGS AND LOST ITEMS
15.1 Recommendations for Valuables: For security reasons, TravelCulPride recommends that the Participants minimize the number of valuables they carry. Valuables, essential medications, cameras, electronic or battery-operated appliances, and basic essentials such as a change of clothing and toiletries should be packed in the Participants' hand luggage.
15.2 Responsibility for Personal Belongings: The Participants are solely responsible for the safety and security of their personal belongings at all times during the travel. TravelCulPride shall not be responsible for the loss, theft, or damage of any personal items belonging to the Participants.
15.3 Insurance for Personal Belongings: It is the Participants' responsibility to ensure that their personal belongings are adequately covered by comprehensive travel insurance. TravelCulPride shall not be liable for any loss or damage to the Participants' belongings that could be covered by such insurance.
15.4 Procedure for Lost Items: In the event of loss of any personal items, the Participants should promptly report the incident and obtain a written report from a local representative or the police. This report will assist in any subsequent insurance claim upon their return. However, obtaining such a report does not imply any liability on the part of TravelCulPride for the lost items.
ARTICLE 16: THIRD PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Platform) links to other websites ("Third Party websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party websites accessed through the Platform or any Third Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party websites or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third Party websites or to use or install any Third Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any services you use from the Platform. Any purchases you make through Third Party websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the services offered on Third Party websites and you shall hold us harmless from any harm caused by your purchase of such services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third Party Content or any contact with Third Party websites.
ARTICLE 17: ADVERTISERS
We may allow advertisers to display their advertisements and other information in certain areas of the Platform, such as sidebar advertisements or banner advertisements. If you are an advertiser, by placing any ads on or with the Platform (whether directly or via a third party ad disseminator), you take full responsibility for any advertisements you place on the Platform and any services provided on the Platform or services sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Platform, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We have no other relationship with advertisers.
ARTICLE 18: SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any services (if in our custody) or Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
ARTICLE 19: TERM AND TERMINATION
Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms or of any applicable law or regulation. We may terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive remedies.
Upon termination of any Service terms or this Agreement for any reason, all licenses and rights granted to Operator pursuant to the Agreement will immediately terminate. CulPride will be owed any Commission on Bookings that have been made, but where the respective Travel Package has not yet finished, within 60 days after the respective Travel Package has ended.
ARTICLE 20: MODIFICATIONS AND INTERRUPTIONS
20.1 We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We will not be liable to you or any third party for any modification, price change, transaction suspension, or discontinuance of the Services.
20.2 We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
20.3 Corrections: There may be information on the Platform that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
ARTICLE 21: LIMITATION OF LIABILITY
21.1 Limitation of Liability: TravelCulPride's liability is strictly limited. Except where explicitly stated in these booking conditions, TravelCulPride regrettably cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by, or you otherwise suffer any damage, loss, or expense of any nature as a result of force majeure.
21.2 Definition of Force Majeure: For the purposes of these booking conditions, "force majeure" refers to any event or circumstance beyond our or our service providers' reasonable control, which could not, even with all due diligence, have been foreseen or avoided. Such events may include, but are not limited to, actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, epidemics, fire, and other unforeseen and unavoidable events.
21.3 Compensation for Cancellation due to Force Majeure: In the event of cancellation of the contract due to force majeure, TravelCulPride reserves the right to claim compensation for services already provided or for any services that were to be provided up to the completion of the specific travel tour affected by the force majeure event.
21.4 Exclusion of Liability for Third Parties: TravelCulPride is not liable for any negligent or willful act or failure to act of any third-party service provider or any other third party. This includes, but is not limited to, any injury, loss, death, sickness, inconvenience, delay, or damage to person or property associated with the provision of goods or services by third parties.
21.5 Standard of Foreign Facilities: TravelCulPride does not guarantee the standards of any facilities or services that are not under its direct control. This includes, but is not limited to, air conditioning systems in public places, hotels, motor coaches, and other amenities which may not align with the standards or expectations of the Participants.
21.6 Responsibility for Additional Expenses: Should additional overnight stays or expenses be required due to uncontrollable factors such as weather conditions, flight schedules, or other unforeseen events, the Participants will be responsible for their own hotel, transfer, and meal costs. Baggage and personal belongings are carried entirely at the owner’s risk.
21.7 Price Variability: The prices of the travel tours are subject to change without notice, based on current rates (including foreign exchange rates, fuel costs, taxes) at the time of booking. In circumstances where liability cannot be excluded, such liability is limited to the value of the purchased travel arrangements. TravelCulPride is not liable for any consequential loss or damage.
21.8 Right to Forward Price Increases: TravelCulPride reserves the right to pass on price increases due to unforeseen factors such as increases in VAT, fuel prices, changes in exchange rates, or rate increases from suppliers. TravelCulPride may accordingly adjust the price of the travel tours.
ARTICLE 22: INDEMNIFICATION
You agree to defend, indemnify, and hold harmless CulPride, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, (including reasonable attorneys’ fees and expenses), made by any third party due to, arising out of, or in connection with: (1) your use of the Services; (2) your breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any malfunction, damage or disruption to any network channel, or (6) any harmful act toward any other underlying party and/or business with whom you transacted with. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
ARTICLE 23: GOVERNING LAW AND DISPUTE RESOLUTION
23.1 Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas.
23.2 Dispute Resolution
Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Arbitration Rules of United States. Your arbitration fees and your share of arbitrator compensation shall be governed by the Consumer Rules and, where appropriate, limited by the Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online by a single arbitrator appointed in accordance with the then-current rules. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
ARTICLE 24: MISCELLANEOUS PROVISIONS
Entire Agreement. The CulPride Terms of Service constitute the entire agreement between CulPride and You relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications and/or advertising with respect to such subject matter.
Assignment. You may not assign these Terms and Conditions, or assign, transfer or sublicense your rights, if any, in the Service. CulPride may assign these Terms to any current or future affiliated company and to any successor in interest. CulPride also may delegate certain CulPride rights and responsibilities under these Terms to third-parties.
Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions will continue in effect.
Notices. Notices from CulPride to You will be given by e-mail, or by general posting on the Services. You may contact CulPride by filling out the customer support form or such other email address CulPride posts as its address for notice on the Services in the most recent version of the Terms.
Customer Relationship and Support. CulPride will provide the Traveler with support via email or the booking messaging solution in the Traveler's CulPride account.
California Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Contact us
If you have any further questions, complaints, or claims with respect to CulPride Properties, please don't hesitate to contact us at (833) 256-4385. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.