UTPVP WEBSITE TERMS & CONDITIONS

Agreement between User and USAMBARA TOURISM PROMOTION AND VOLUNTEER PROGRAM – UTPVP

Visitusambara.org is owned and operated by UTPVP (“Visitusambara.org”, “UTPVP”, or “we”). UTPVP is a dedicated Non-Government Organization based and operates in Tanzania where its office is located at Usambara Mountains in Lushoto. This web site, along with the Visitusambara.org mobile site and mobile and tablet applications is intended for personal, non-commercial use. This Agreement describes the terms and conditions applicable to the services available through this Site. This Agreement describes your responsibilities and, among other things, limits the liability of Visitusambara.org and its third-party suppliers or providers including, without limitation, the tour operators, hotels, rental car companies, real estate dealers and other suppliers that provide travel or other services through this Site (such third parties collectively referred to as the “Travel Service Providers”). BEFORE SUBMITTING AN ACCOUNT REGISTRATION FORM AND/OR USING ANY OF THESE SERVICES, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. BY ACCESSING ANY AREAS OF THIS SITE, USERS (“USERS” OR “YOU”) AGREE TO BE LEGALLY BOUND WITHOUT LIMITATION, QUALIFICATION, OR CHANGE AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE OUR AGREEMENT (“AGREEMENT”). If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. Visitusambara.org reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site. We recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on the Site. Additional terms may apply when you book services or when you participate in sweepstakes or other promotions available on Visitusambara.org. UTPVP herein, by reference, it’s Privacy Policy.

WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN VISITUSAMBARA.ORG’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

Table of Contents

PART I: General Terms and Conditions

  1. Arbitration and Dispute Resolution
  2. Copyright Notice and Claims of Copyright Infringement
  3. Trademark Notice
  4. Acceptable Use/License
  5. Accounts, Security, Passwords
  6. Privacy Policy
  7. Disclaimer of Warranties
  8. No Agency Relationship
  9. Minors
  10. General Limitation of Liability
  11. Indemnification and Charge-backs
  12. Third Parties
  13. User Comments, Feedback and Other Submissions
  14. Response to Requests
  15. Links to Other Web Sites and Services
  16. Modification/Termination of Usage
  17. Electronic Notification
  18. Hyperlinks
  19. Refund And Cancellation Policy
  20. Miscellaneous

 

PART II: Travel Services

A. General

  1. International Travel: Passports, Visas, Hazards and Disinfection
  2. Travel Service Providers
  3. Important Information Regarding Currency and Exchange Rates
  4. Best Price Guarantee

 

B. Hotel Service Restrictions

  1. General
  2. Merchant Price Disclosed Hotel Service
  3. Agency Hotel Service

 

C. Rental Car Service Restrictions

  1. General
  2. Charges for Taxes and Service Fees

 

D. Tours

 

PART I GENERAL TERMS AND CONDITIONS

  1. Arbitration and Dispute Resolution

A. Disputes and Arbitration

UTPVP is committed to customer satisfaction. If you have a problem or dispute, we will try to resolve it. If we are unsuccessful, you may pursue your claim as explained in this section.

You agree to give us an opportunity to resolve any problem, dispute, or claim relating in any way to the UTPVP websites and/or any of its related applications or services (the “Site”); any dealings with our customer service agents; the purchase, use, or performance of any services or products available through this Site; any representations made by UTPVP; or our Privacy Policy (collectively, “Claims”) by providing Notice to Customer Support as described in section I.A.2.b below. If we are unable to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

These Terms and Conditions shall be governed by the laws of TANZANIA, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. All Claims or other matters in dispute between you or any Third-party (as defined in paragraph K above) and UTPVP, its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the Site, whether based upon contract, tort, statute, or otherwise, shall likewise be governed by the laws of TANZANIA, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.

B. Limitation on Claims

Unless otherwise prohibited by applicable law, any Claim must be brought within two (2) years from the date on which such Claim arose or accrued.

C. Mandatory Arbitration

PLEASE READ THIS PROVISION CAREFULLY. IT REQUIRES THAT ANY AND ALL CLAIMS MUST BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT, AND IT PREVENTS YOU FROM PURSUING A CLASS ACTION OR SIMILAR PROCEEDING IN ANY FORUM. THESE LIMITATIONS APPLY TO ANY CLAIMS AGAINST UTPVP, ITS SUBSIDIARIES OR AFFILIATES, OR ANY TRAVEL SERVICE PROVIDERS OR COMPANIES OFFERING PRODUCTS OR SERVICES THROUGH THE SITE.

IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR’S DECISION WILL GENERALLY BE FINAL AND BINDING, WITH NO RIGHT OF APPEAL. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.

By using this Site, you, any Third-party (as defined in paragraph K above), and UTPVP agree that any Claim, including claims regarding the applicability or validity of this arbitration provision, shall be resolved exclusively by final and binding arbitration administered by the Tanzanian Arbitration Association (“TAA”) and conducted before a single arbitrator pursuant to the then applicable Rules and Procedures established by TAA (“Rules and Procedures”), except that, pursuant to subsection (e) below, under no circumstances may any claim be brought or arbitrated as a class action or be joined with another person’s claim, or proceed on a basis involving claims brought on a purported representative capacity (either on behalf of the general public or other users or persons). This agreement applies to, and includes, any and all Claims, including any Claims that arose prior to entering this agreement.

As an exception to arbitration, you, any Third-party, and UTPVP retain the right to pursue in a small claims court located in the federal judicial district that includes your or the Third-party’s billing address at the time of the Claim, any Claim that is within the court’s jurisdiction and proceeds on an individual basis. All Claims you or a Third-party bring against UTPVP, its subsidiaries or affiliates, or any travel service providers or companies offering products or services through the Site must be resolved in accordance with this Disputes and Arbitration Section. All Claims filed or brought contrary to this Section shall be considered improperly filed and void.

  • If you decide to seek arbitration, you must first send, by certified mail, a written Notice of Dispute (“Notice”) addressed to: UTPVP, P O Box 152, LUSHOTO, TANZANIA (“Notice Address”). The Notice must (i) describe the nature and basis of the Claim; and (ii) set forth the specific relief sought. If UTPVP and you, or UTPVP and any Third-party, do not reach an agreement to resolve the Claim within 60 days after the Notice is received, you, or the Third-party, may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you, any Third-party, or UTPVP is entitled. A form to initiate arbitration may be downloaded here.
  • The arbitration shall be held at a location determined by TAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you, or any Third-party asserting a Claim), or at such other location as may be mutually agreed upon.
  • To the extent that any Claim is held not to be subject to arbitration and proceeds in a Court other than small claims court, such Claim shall be filed only in the Tanzania District Court for Connecticut or, if there is no federal jurisdiction over the action. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such Claim that is not subject to the arbitration provision and not pursued in small claims court, and agree that any such claim shall be resolved individually, without resort to any form of class action (as described more fully in section I.A.2.e below). You further agree that any and all Claims or other matters asserted in such dispute, whether based upon contract, tort, statute, or otherwise, shall be governed by the laws of Tanzania, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction.
  • YOU AND ANY THIRD-PARTY FURTHER AGREE THAT NO PROCEEDING AGAINST UTPVP, ITS SUBSIDIARIES OR AFFILIATES, OR ANY TRAVEL SERVICE PROVIDERS OR COMPANIES OFFERING PRODUCTS OR SERVICES THROUGH THE SITE (UNDER THIS PROVISION OR OTHERWISE) MAY PROCEED AS A CLASS ACTION, BE JOINED WITH ANOTHER PERSON’S CLAIM, OR PROCEED ON A BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY (EITHER ON BEHALF OF THE GENERAL PUBLIC OR OTHER USERS OR PERSONS). ANY AND ALL PROCEEDINGS TO RESOLVE CLAIMS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS. IN ADDITION, NO ARBITRATION PROCEEDING UNDER THIS PROVISION SHALL BE CONSOLIDATED OR JOINED IN ANY WAY WITH ANY OTHER ARBITRATION PROCEEDING WITHOUT THE EXPRESS WRITTEN CONSENT OF ALL PARTIES.
  • For any arbitration involving Claims that together seek damages that do not exceed $25,000, UTPVP will reimburse you for all fees and costs imposed by TAA. If you are unable to pay the filing fee, UTPVP will pay it for you. For any arbitration involving Claims that together seek damages that exceed $25,000, if you, or any Third-party, prevail in the arbitration of any Claim against UTPVP, UTPVP will reimburse such prevailing party for any fees or costs the prevailing party paid to TAA in connection with the arbitration.
  • If you prevail in the arbitration of any Claim against UTPVP and are awarded an amount greater than UTPVP’s last written settlement offer to you, UTPVP will pay a minimum recovery of $5,000, and UTPVP will reimburse you for all reasonable attorneys’ fees incurred in arbitrating the Claim(s) upon which you have prevailed. If any Third-party prevails in the arbitration of any Claim against UTPVP and is awarded an amount greater than UTPVP’s last written settlement offer to such Third-party, UTPVP will pay a minimum recovery of $5,000 to the Third-party, and UTPVP will reimburse such Third-party for all reasonable attorney’s fees incurred in arbitrating the Claim upon which he or she has prevailed. Any dispute regarding attorney’s fees to be paid pursuant to this paragraph will be decided by the arbitrator who decided the underlying Claim. If you or the Third-party do not prevail on the claim or prevail but are awarded an amount less than or equal to UTPVP’s last written settlement offer to you, UTPVP will pay only the amount of the award, not the minimum recovery or attorneys’ fees.
  • Notwithstanding any other provision of law or any of the Rules and Procedures established by TAA which may be to the contrary, UTPVP will not be entitled to seek reimbursement of its attorney’s fees for any Claim the arbitrator finds to be non-frivolous.
  • With the exception of sub-part (e) above (the class action waiver), if any part of this arbitration provision is held to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by TAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) above (the class action waiver) is held to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor any Third-party, nor UTPVP shall be entitled to arbitrate their dispute.
  • IF YOU OR ANY THIRD-PARTY DOES NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU OR SUCH THIRD-PARTY MUST NOTIFY UTPVP IN WRITING BY CERTIFIED MAIL WITHIN THIRTY (30) DAYS OF YOUR PURCHASE OR BEFORE YOU BEGIN TO USE THE SERVICES PURCHASED ON THIS SITE, WHICHEVER DATE IS SOONER. SUCH NOTICE SHALL BE SENT TO THE NOTICE ADDRESS DEFINED IN SUBSECTION (b), ABOVE. IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU AND ANY SUCH THIRD-PARTY MAY NOT CONTINUE TO PURCHASE SERVICES OR PRODUCTS ON THIS SITE UNLESS AND UNTIL UTPVP NOTIFIES YOU OR SUCH THIRD-PARTY OTHERWISE. UTPVP SHALL HAVE THE RIGHT TO PROHIBIT YOU AND SUCH THIRD-PARTY’S FUTURE PURCHASE OF SERVICES OR PRODUCTS ON THIS SITE.

 

2.Copyright Notice and Claims of Copyright Infringement

You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, “Content”) and the arrangement and compilation of the Content are intellectual property and copyrighted works of Visitusambara.org and the Travel Service Providers. Reproduction or storage of information or works retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the TANZANIA Copyright Act, or other applicable laws, and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.

CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
  3. Your contact information so that we can reply to your complaint, preferably including email address and telephone number.
  4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
  5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Site should be sent to us by any of the following methods: email to info@visitusambara.org, by mail to the address below, by phone at the number below, or by facsimile to the number below:

USAMBARA TOURISM PROMOTION & VOLUNTEER PROGRAM

P O Box 152

LUSHOTO, TANZANIA

Phone: +(255) 620203005

We will review and address all notices that comply with the requirements above.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

 

3.Trademark Notice

VISITUSAMBARA.ORG”, “UTPVP”, as well as additional marks not mentioned here, are registered service marks of Visitusambara.org. Other product and company names identified on this Site may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Visitusambara.org or a third-party. The use on this Site of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party, and the availability of specific goods or services from such third-party through this Site, should not be construed as an endorsement or sponsorship of this Site by any such third-party, or the participation by such third-party in the offering of goods, services or information through this Site.

4. Acceptable Use/License

UTPVP grants you a limited, personal, non-transferable, non-sub licensable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. The content and information on this Site (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to Visitusambara.org and/or its Travel Service Providers (hotels, rental car companies, tour operators, travel insurer and other providers). Accordingly, as a condition of using this Site, you agree not to use this Site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this Site, you agree not to 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 this Site. In addition, whether or not you have a commercial purpose, you agree not to:

  1. access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Visitusambara.org;
  2. violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
  3. take any action that imposes, or may impose, in the discretion of Visitusambara.org, an unreasonable or disproportionately large load on the Visitusambara.org infrastructure;
  4. Deep-link to any portion of this Site (including, without limitation, the purchase path for any travel services) for any purpose.
  5. deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the this Site, or any postings which advocate illegal activity;
  6. deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
  7. deliver or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  8. Deliver or provide links to, any postings containing defamatory, false or libellous material.
  9. deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
  10. deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
  11. manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
  12. use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users’ computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
  13. attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means; or
  14. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses.

You may only use this Site to make legitimate reservations, purchases or requests to purchase the products or services offered (each, a “Request”) and shall not use this Site to make any speculative, false or fraudulent Requests or any Requests in anticipation of demand. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to provide correct and true information in connection with your use of this Site and you agree to promptly update your account information (if applicable) in order to keep it current, complete and accurate. It is a violation of law to place a Request in a false name or with an invalid method of payment. Please be aware that even if you do not give us your real name, your web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

UTPVP reserves the right to cancel any tour packages, hotel or rental car reservation, landed property or any other transaction that it reasonably believes to have been fraudulently made including, by unauthorized use of a credit or debit card.

5. Accounts, Security, Passwords

You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you will be asked to choose a security question. It is entirely your responsibility to maintain the confidentiality of your security question and your account. You agree to notify Visitusambara.org immediately of any unauthorized use of your account. Visitusambara.org is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

6. Privacy Policy

You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Visitusambara.org and/or its Travel Service Providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy and the terms of our Travel Service Providers’ privacy policies. To the extent permitted by law, Visitusambara.org makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Visitusambara.org will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

7. Disclaimer of Warranties

ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. VISITUSAMBARA.ORG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE, VISITUSAMBARA.ORG DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORK MAN LIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. VISITUSAMBARA.ORG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. VISITUSAMBARA.ORG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

VISITUSAMBARA.ORG IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.

8. No Agency Relationship

UTPVP does not agree to act as your agent or fiduciary in providing services through the Site.

9. Minors

Persons under the age of 18 are not eligible to purchase, cancel or modify any services available through UTPVP.

10. General Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VISITUSAMBARA.ORG, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICTLY LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

FURTHER, THE TRAVEL SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COVERED PARTIES. TO THE EXTENT PERMITTED BY LAW, THE COVERED PARTIES DO NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT OR DELAY DUE TO AN ACT OR OMISSION OF A TRAVEL SERVICE PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A TRAVEL SERVICE PROVIDER, OR AN ACT OF GOD. FURTHER AND TO THE EXTENT PERMITTED BY LAW, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM OR CAUSES BEYOND THE COVERED PARTIES’ CONTROL. NO RESPONSIBILITY IS ACCEPTED FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, FAILURE TO MAKE CONNECTIONS, RE-ROUTING OR ACTS OF ANY GOVERNMENTAL AUTHORITY.

No Covered Party shall be responsible for any Travel Service Provider’s breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Travel Service Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible neither for any Travel Service Provider’s failure to comply with this Agreement nor for any Travel Service Provider’s failure to comply with applicable federal, state, provincial and local law.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by Visitusambara.org for making a Request. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of Tanzania law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

11. Indemnification and Chargebacks

You agree to defend and indemnify UTPVP and the Covered Parties 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 (i) by you or on behalf of you in excess of the liability described above; or (ii) by third parties as a result of:

  1. your breach of this Agreement
  2. your violation of any law or the rights of a third party; or
  3. Your use of this Site in violation of this Agreement.

You, the User, agree to indemnify, hold harmless and defend UTPVP against debit memos or credit card chargebacks arising out of:

  • Any problems by the User associated with the underlying hotel, tour packages or rental car service; or
  • Unauthorized charges by family, friends, associates or other third parties with direct access to the User’s credit card.

 

12. Third Parties

If you use this Site to submit Requests for or on behalf of a third-party (“Third-party”), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use; including, but not limited to, the billing address and phone number of the credit card holder. These should match what is on file with their financial institution. In addition, you must inform the Third-party of all Terms and Conditions applicable to all products or services acquired through this Site including all rules and restrictions applicable thereto. Each User using this Site for or on behalf of a Third-party agrees to indemnify and hold each Covered Party harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defence), relating to the Third-party’s or the User’s failure to fulfil any of its obligations as described above. You are directly responsible for any Request submitted including for total charges and performance obligations.

13. User Comments, Feedback, and Other Submissions

  1. Certain portions of the Site may permit you to submit post, transmit or upload content created by you (“User Submissions”), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, ideas (including product and advertising ideas), posts to blogs / social networks (including any Visitusambara.org branded Facebook, Twitter or similar channel) / discussion forums, and/or communications with other Site users. User Submissions also include content you post on social media and give UTPVP permission to use, for example, by your posting of a hash tag UTPVP is promoting or other indication of acceptance of these terms and conditions.
  2. In connection with User Submissions, you agree that you will not submit any User Submission that: (a) includes material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights (including, without limitation, trademark, privacy and publicity rights) unless you are the owner of such rights or have express permission from their rightful owner to post the material and to grant the rights granted herein; (b) includes any material that by itself, or by its use as permitted in this Agreement, infringes upon, misappropriates or violates the rights of any person or entity or any applicable laws; (c) is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (d) contains advertisements or solicitations of any funds, goods or services; (e) is a communication by a user impersonating another user; (f) contains personal information, such as messages which identify an individual’s names, telephone numbers, social security numbers, account numbers and/or addresses; or (g) could be considered bulk unsolicited communications.
  3. By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submission to UTPVP via the Site, social media or otherwise, whether solicited or unsolicited, you agree that you are granting UTPVP a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, “Use”) such User Submission for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if this Agreement is later modified or terminated.
  4. No credit, approval or compensation is due to you for any such Use of any User Submission you may submit. UTPVP shall also have the right, but not the obligation, to Use your username (and real name, image, likeness, caption, location information and/or other identifying information, if provided in connection with User Submissions), in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of UTPVP.
  5. By submitting, posting, transmitting or uploading a User Submission via the Site, social media or otherwise, you authorize UTPVP to make copies thereof and retain such User Submission and copies as UTPVP deems necessary to facilitate the Use of the User Submission.
  6. You represent and warrant that neither any User Submission, nor the Use of any User Submission as permitted in this Agreement, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any applicable law, and that you have obtained all necessary rights for the grants to UTPVP, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submission.
  7. Although UTPVP is under no obligation to review or monitor User Submissions, UTPVP reserves the absolute right to do so in its sole discretion. In addition, UTPVP reserves the right to alter, edit, refuse to post or remove any User Submission, in whole or in part, for any reason or for no reason. UTPVP also reserves the right to terminate your account if you violate any term of this Agreement or our policies, as determined in our sole discretion. You agree that UTPVP does not have any obligation to use or respond to any User Submission. UTPVP has no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the UTPVP expressly disclaims any and all responsibility for User Submissions.
  8. UTPVP will fully cooperate with any law enforcement authorities or court order requesting or directing UTPVP to disclose the identity of anyone posting User Submissions that violate these Terms and Conditions or any law or regulation. UTPVP may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of UTPVP, its customers or the public.
  9. By submitting a User Submission, you acknowledge that any personal data supplied by you may be used by UTPVP or its agents for the purpose of sending commercial marketing and communication emails to you. UTPVP may also share any such personal data with third parties for the purpose of commercial marketing and communications. You hereby consent to such use. You have the right to access, modify and request the destruction of your personal data at any time by sending a request to UTPVP; and you have the right to opt out from receiving such marketing and communication at any time by sending a message to UTPVP.
  10. You agree to defend and indemnify UTPVP, including its respective officers, directors, employees, representatives, parents, subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Site and its contents, 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 any allegation related to any User Submission that you make available or create through the Site, including without limitation, any User Submission that you make available or create through the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

 

14. Response to Requests

While Visitusambara.org will use its good faith efforts to respond to Requests within the time periods indicated on this Site, no guarantee is made that the status of your Request will be made available to you within the stated processing time. Neither Visitusambara.org nor its Travel Service Providers are responsible for any errors or delays in responding to a Request including, without limitation, error or delays in responding to a Request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.

15. Links to Other Web Sites and Services

To the extent this Site contains links to outside services and resources, or to the extent that third party websites link to this Site, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Visitusambara.org does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability, or availability of any of the content upload, displayed, or distributed, or products or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Visitusambara.org’s endorsement, sponsorship, or recommendation of the third-party, or of the content, products or services contained on, or available through, any such third-party site.

16. Modification/Termination of Usage

Visitusambara.org reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any service or product available through the Site, and/or your profile, Account password, or use of the Site, or any portion thereof, at any time for any reason with or without notice to you. In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Visitusambara.org shall not be liable to you or any third-party for any termination of your access to this Site.

17. Electronic Notification

To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted on this Site or electronic mail.

18. Hyperlinks

Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Site or frame this Site or any web page or material herein, nor may any entity hyperlink any aspect of this Site in an email for commercial purposes without the express written permission of Visitusambara.org.

19. Refund And Cancellation Policy

I. AMENDMENT AND CANCELLATION POLICY

  1. All amendments and cancellation of booking shall be as per the notifications/ policy provided by the Vendor and shall be routed through UTPVP.
  2. If a Vendor cancels a confirmed booking made via the UTPVP’s Site: UTPVP will refund the total price paid by the User for such booking to the applicable User within a commercially reasonable time of the cancellation. ORIf applicable, the User will receive an email or other communication from UTPVP containing available alternative listings of the earlier previously desired Services as offered by and available with the Vendor.
  1. If the User requests booking from one of the enlisted alternatives and the concerned Vendor confirms the User’s booking request, in that case the User agrees to pay UTPVP the differential cost relating to the confirmed booking for the desired Service, in accordance with these Terms.
  2. Cancellation Fees:
    • If you cancel at least 14 day(s) in advance of the scheduled experience, there is 30 per cent cancellation fee.
    • If you cancel between 3 and 8 day(s) in advance of the scheduled experience, there is a 50 per cent cancellation fee.
    • If you cancel within 3 day(s) of the scheduled experience, there is a 100 per cent cancellation fee.

II. REFUND POLICY

  1. In case of no-show or unutilized bookings, User shall be required to make requests for any valid and applicable refunds, as per Vendors’ policies, within 90 days from the travel date. No refund would be payable for any requests made after the expiry of 90 days of travel date/ check-in as aforementioned and all unclaimed amounts for such no-show or unutilized bookings shall accordingly be deemed to have been forfeited.
  1. The refund shall be processed within 15-20 working days from the date of the cancellation request, after receiving back to back refund from the concerned Vendor. If UTPVP has received the payment through a valid credit card, then the same will be refunded to User’s credit card.
  1. In case User avails to book any of the Services offered by the Vendor and is, thereafter, not contactable on the contact details provided, then the tour reservation selected by User will stand cancelled and UTPVP or the Vendor would not be liable for any charges/expenses incurred by User, either directly or indirectly in this regard.
  2. Coupon Gift Certificates are non-refundable in all circumstances.

 

20. Miscellaneous

The captions in this Agreement are only for convenience, and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.

This Agreement, and the related parts of this Agreement relating to each service represent the entire agreement between you and each Covered Party regarding your use of this Site and supersede any prior statements, representations, or prior versions of these Terms and Conditions relating to the use of the Site that were displayed on this Site before. We reserve the right to modify, revise or update this Agreement from time to time by updating this posting. Your continued use of this Site will be subject to the terms of this Agreement in effect at the time of your use. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located elsewhere on this Site, which will be adequately brought to your attention. In the event that any provision of this Agreement is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforce-ability of any other remaining provisions.

PART II. TRAVEL SERVICES

A. General

  1. International Travel: Passports, Visas, Hazards and Disinfection

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. UTPVP therefore urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the Governments prior to booking travel to international destinations. At UTPVP, we have no special knowledge regarding foreign entry requirements (such as the need for passports and visas).

BY OFFERING OR FACILITATING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND WE SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

  1. Travel Service Providers

You agree to abide by the terms or conditions of purchase imposed by any Travel Service Provider, whether that Travel Service Provider is selected by you or by Visitusambara.org, including, but not limited to, payment of all amounts when due and compliance with the Travel Service Provider’s rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such Travel Service Provider’s conditions of purchase may result in cancellation of your reservation(s) or purchase(s), in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase(s), and in Visitusambara.org debiting your account for any costs Visitusambara.org incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.

You agree that we will not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non-performance of any Travel Service Provider, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if we have been advised of the possibility of any such damages. In the event of non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Travel Service Provider, you agree that your sole recourse shall be toward such Travel Service Provider and not toward us.

At UTPVP, we have no special knowledge regarding the suitability for disabled persons of any reservation. For information concerning the suitability for disabled persons for any reservation, contact the Travel Service Provider directly.

  1. Important Information Regarding Currency and Exchange Rates

Purchases made on our Site are transacted in different currencies, depending on the users IP address and/or the currency that the user selects). You will be charged in the currency shown upon checkout in the Summary of Charges. If you make a purchase from us using a credit or debit card, please be aware that, due to the constant fluctuation in exchange rates, our charge to your card or the estimated charge amount we provide you, may differ based on the exchange rate at the time you make your reservation versus the rate at the time the charge is reflected on your credit card statement. Also, in the event that we must credit your account, we will refund the exact amount in the currency initially charged and will not be responsible for any fluctuations in exchange rates which may cause differences in your billing statement.

  1. Best Price Guarantee

We want you to pay the lowest price possible when you use one of our travel products. Please see the terms and conditions of our Best Price Guarantee.

B. Hotel Service Restrictions

  1. General
  • Check In: Upon check-in, the reservation holder must present a valid ID and credit card or, in the hotel’s discretion, debit card, in his or her name (the amount of available credit required will vary by hotel). Debit cards may not be accepted.
  • Double Occupancy: All hotel reservations are guaranteed for double occupancy (i.e. 2 adults) and accommodations for more than two adults are not guaranteed. Some hotels may not allow extra guests. If your hotel does allow extra guests, there may be additional charges. These charges vary and will be payable directly to the hotel.
  • Late Arrival and Failure to Check-in on First Night: While you should call UTPVP if you wish to cancel a cancellable reservation in advance of your stay, if you are going to be delayed on your date of check in or find that you cannot check in to your hotel on the date you requested, you should contact the hotel to let them know. If you fail to check in to your hotel on the day of your reservation and do not alert the hotel, the remaining portion of your reservation may be cancelled and you may not be entitled to a refund, depending on the terms and conditions of the applicable hotel.
  • Cancellations and Changes to Your Reservation: Hotel cancellation policies vary. Certain reservations are non-cancellable and non-changeable. Others require you to pay a penalty if you cancel. Still others are fully refundable. Check the hotel cancellation policy when you book. If changes to your pre-paid reservation are allowed, any changes to a pre-paid reservation are only permitted as a cancellation and booking of a new reservation.
  • Disability Needs: If you have disability needs (for example only, you need a wheelchair accessible room or require the use of a service animal) you must call the hotel and verify that disability needs can be met. If your disability needs cannot be accommodated by the hotel, please call UTPVP customer service.
  • Hotel Accommodations and Special Requests: Depending upon which Visitusambara.org hotel reservation service you use, you may or may not be able to select your room type and number and type of beds. Room assignments are based on hotel availability and are at the hotel’s discretion. We cannot guarantee a non-smoking room. If you have special requests (including, for example, preferences for smoking or non-smoking rooms, a specific room, particular bedding, floor location, closeness to an elevator, connecting rooms, or pet accommodations), you must call the hotel and verify that special requests can be met after you have made your booking. Since Visitusambara.org has no control over which room a hotel will assign to you, Visitusambara.org cannot accommodate special requests in advance of your booking and cannot guarantee that special requests will be met.
  • Must be 21 Years of Age: The guest on the reservation must be 21 years or older to check into the hotel.
  • Frequent Traveler Points: Frequent traveler points, upgrades, certificate vouchers and other discounts or incentives may not apply to Visitusambara.org’s hotel services.
  • Hotel Star Ratings (General):com’s star rating system is provided for your reference. Like other well-known hotel rating systems, Visitusambara.org considers a number of factors in evaluating the quality of participating hotels such as: amenities, facilities, reputation, brand, other rating services, customer feedback from guests who have stayed at the hotel, etc., to assign a single star rating. Visitusambara.org screens participating hotels carefully and updates our information periodically to ensure the validity of our ratings. Our ratings systems may sometimes differ from those of other rating systems that you may be familiar with. We do not warrant or guarantee that our star rating system is equal to or consistent with any other star rating system and reserve the right to change a hotel’s rating at any time with or without notice.
  • Accommodation Types: UTPVP offers its customers various properties, including hotels, motels, bed and breakfasts, resorts and other types of rentable accommodations.
  • Prices: Sometimes cheaper rates are available for a specific stay at a hotel; however, these rates made by hotels may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation.
  • Pricing Errors: We endeavour to publish and maintain accurate prices and information for the services we offer. Hotels provide us with the price and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from a hotel, we retain the right to refuse or cancel any Requests placed for such service. We shall have the right to refuse or cancel any such Requests whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Request is cancelled because of incorrect hotel information, we will promptly issue a credit to your credit card account in the amount of the charge. Prices, rates and inventory are subject to availability from the hotel.
  1. Merchant Price Disclosed Hotel Service

Visitusambara.org’s Merchant Price Disclosed Hotel Service is a hotel service whereby the price of the hotel is disclosed to the User in advance of booking and whereby Visitusambara.org acts as the merchant of record on the transaction (i.e., directly charges your credit or debit card or other form of payment and not the hotel).

Hotel bookings made available through Visitusambara.org’s Merchant Price Disclosed Hotel Service are subject to the disclosed terms and conditions on your contract page and the disclosed terms and conditions of the applicable hotel you select.

The “Total Charges” that you will pay for using our Merchant Price Disclosed Hotel Service will always be disclosed to you before you submit your Request. For hotels that charge mandatory fees, you will be told both a) the Total UTPVP Charges to your method of payment and b) the total cost, which includes the Total UTPVP Charges and the Hotel Mandatory Fee which the hotel will charge at check out. You’re Total Charges and the Room Rate may include compensation to Visitusambara.org for our facilitation services.

Charges for Taxes and Service Fees:

Charges for Taxes and Fees: In connection with facilitating a Merchant Price Disclosed Hotel transaction, we will charge your method of payment for Taxes and Fees. This charge includes an anticipated amount to recover the amount we pay to the hotel in connection with your reservation for taxes owed by the hotel including, without limitation, sales and use tax, occupancy tax, room tax, excise tax, value added tax and/or other similar taxes. In certain locations, the tax amount may also include government imposed service fees or other fees not paid directly to the taxing authorities but required by law to be collected by the hotel. The amount paid to the hotel in connection with your reservation for taxes may vary from the amount we anticipate and include in the charge to you. The balance of the charge for Taxes and Fees is a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount we pay the hotel and the location of the hotel where you will be staying, and may include profit that we retain.

Except as described below, we are not the vendor collecting and remitting taxes to the applicable taxing authorities. Our hotel suppliers, as vendors, bill all applicable taxes to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.

For transactions involving Merchant Price Disclosed Hotels located within certain jurisdictions, the charge to your debit or credit card for Taxes and Fees includes an additional payment of tax that we are required to collect and remit to the jurisdiction for tax owed on amounts we retain as compensation for our services.

Depending on the Merchant Price Disclosed property you stay at you may also be charged (i) certain mandatory hotel specific service fees, for example, resort fees (which typically apply to resort type destinations and, if applicable, may range from $10 to $40 per day), energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, or housekeeping fees and/or (ii) certain optional incidental fees, for example, parking charges, minibar charges, phone calls, room service and movie rentals, etc. These charges, if applicable, will be payable by you to the hotel directly at checkout. When you check in, a credit card or, in the hotel’s discretion, a debit card will be required to secure these charges and fees that you may incur during your stay. Please contact the hotel directly as to whether and which charges or service fees apply.

  1. Agency Hotel Service

For Visitusambara.org’s Agency Hotel Service, UTPVP is not the merchant of record and does not charge your credit card or other form of payment. For these transactions, you will be notified in the “Booking Conditions” section of your contract page that your credit card will be used to guarantee the reservation. You will also be told in the “Important Information” section that the hotel will charge you directly for room and tax and any other charges. You will be provided with a “Total Estimated Charges” line item on your contract page that will provide you with an estimate of what the hotel will charge you, which will include taxes.

For Agency Hotel Service transactions, the information that we disclose regarding each hotel is based on the information provided to us by the hotel. As such, the hotels are given access to a platform through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each hotel remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed. Hotels offered through our Agency Hotel Service do not constitute and should not be regarded as a recommendation or endorsement by us of (the quality, service level or rating of) any hotel made available.

  • Charges for Taxes and Service Fees: We will not charge you when you complete an Agency transaction. You will be charged directly by the hotel. Unless expressly stated, taxes and service fees are excluded from your room cost, but are shown to you in the Taxes and Fees line. Taxes are included in the Total Estimated Charges. For hotels that charge mandatory fees, you will be told the Hotel Mandatory Fee which the hotel will charge at check out. Any mandatory fee is also included in the Total Estimated Charges line.
  • All “Pay When You Stay”/”Book Now, Pay Later” hotel service prices are per room for your entire stay and are displayed including VAT (value added tax) and all other taxes, unless stated differently. Sometimes cheaper rates are available for a specific stay at a hotel; however, these rates made by hotels may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the room and rate details thoroughly for any such conditions prior to making your reservation.
  • Credit card: Agency Hotel Service reservations require credit or debit card details in order to guarantee your reservation. As such, we will send your credit or debit card information directly to the hotel at which your booking is made and we may verify (i.e. pre-authorize) your credit card as well.

For certain rates or special offers that state that a deposit is required (which will be disclosed in the Important Information section of your contract page), please note that your credit card may be pre-authorized or charged by the hotel (sometimes without any option for refund) upon reservation and confirmation of the booking. Please check the room details thoroughly for any such conditions prior to making your reservation.

  • Cancellation: You accept and agree to the relevant cancellation and no-show policy of that hotel, and to any additional (delivery) terms and conditions of the hotel that may apply to your reservation or during your stay, including for services rendered and/or products offered by the hotel (the delivery terms and conditions of a hotel can be obtained with the relevant hotel). The general cancellation and no-show policy is made available on our website at the hotel information pages, during the reservation procedure and in the confirmation email. Please note that certain rates or special offers that require an upfront deposit to the hotel (which will be disclosed in the Important Information Section of your contract page) are not eligible for cancellation or change. Please check the room details thoroughly for any such conditions prior to making your reservation.

If you wish to review, adjust or cancel, please look at the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the hotel’s cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the hotel carefully prior to making an Agency Hotel Service reservation.

C. Rental Car Service Restrictions

  1. General

Vehicle rentals available through this Site are subject to standard rental contracts of the car rental companies, which will be completed by you at the time of pick-up of a vehicle.

We endeavour to publish and maintain accurate prices and information for the services we offer. Our rental car suppliers provide us with price, availability, capacity and other information related to these services. In the event, however, that a service is listed or provided to us at an incorrect price or with incorrect information due to typographical error or other error in pricing or service information received from a rental car supplier, we retain the right to refuse or cancel any Requests placed for such service. We shall have the right to refuse or cancel any such Requests whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your Request is cancelled because of incorrect rental car provider information, we will promptly issue a credit to your credit card account in the amount of the charge. Prices, rates and inventory are subject to availability from the travel supplier.

For a retail price disclosed rental car reservation, UTPVP is not the merchant of record and does not charge your credit card. For these transactions, you will be notified in the “Important Information” section of your contract page that your credit card will be used to guarantee the reservation and you will be provided with the Total Amount Due at Pick Up” which is an estimate of the price of your rental car reservation that you will pay the rental car company at the counter. Actual prices may vary depending on special requests and items purchased at the counter. Pricing may change if you pick-up, or drop-off the car at a different date, time or location than you requested in your reservation or for other reasons at the discretion of the rental car company. While you may request child seats and other special requests, the requests are not guaranteed and are provided at the discretion of the rental car company. At the time of pick up, the driver will be required to present a valid driver’s license, and a valid credit card in his/her name. Some locations also accept debit cards; however rental partners have different requirements for customers who will only have a debit card at the time of pickup. While our rental car partners strive to honour your request for car type (economy, full size, SUV etc.), your requested car type is not guaranteed to be available. Specific cars, makes and models are not guaranteed and listed car makes and model are for example only.

  1. Charges for Taxes and Service Fees

In connection with facilitating your rental car transaction, we will charge your method of payment, a charge for Taxes and Fees (an amount that will always be disclosed to you before you elect to proceed). This charge includes an amount to recover the amount we pay to the rental car supplier in connection with your reservation for taxes, fees and surcharges owed by the rental car supplier including, without limitation, sales and use tax, excise tax, value added tax, airport or facility taxes, surcharges or fees and/or other similar taxes, surcharges or fees. The amount of this charge is intended by us to be sufficient to cover the amount we may be required to pay to a rental car supplier, and may be greater or less than the amount we actually pay the rental car supplier in connection with your reservation for taxes, fees and surcharges. The balance of the charge for Taxes and Fees is a fee which we retain as part of the compensation for our services and to cover the costs of your reservation, including, for example, customer service costs and additional fees. The charge for Taxes and Fees varies based on a number of factors, including, without limitation, the amount you pay to Visitusambara.org and the location at which you will pick-up your car from the rental car supplier.

We are not the vendor collecting and remitting taxes to the applicable taxing authorities. The rental car companies, as vendors, bill all applicable taxes to us and we pay over such amounts directly to the vendors. We are not a co-vendor associated with the vendor with whom we reserve our customer’s travel arrangements. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location.

In connection with facilitating your price-disclosed rental car transaction, we will attempt to provide you, when the information is available, with a breakdown of the estimated taxes, fees and surcharges that may apply to your transaction. We will not charge you for these taxes, fees and surcharges, but the car rental supplier will charge you taxes, fees and surcharges at the time you rent your car.

D. Tours

UTPVP Tour Packages are offered through a partnership with Tour Operators. When you purchase or book a tour, you are subject to our Terms & Conditions.