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For Travelers and Members
Last Updated: 04/13/2020
Introduction and Scope of Services
BolBom provide an online platform with technology for Travelers, Members and Operators to meet online, enter contests, write reviews, search, compare and book tours, cruises and other types of activities ("Tours"). Tours are booked directly from the respective independent tour operator offering the Tour (each an “Operator”). The “Travelers” are travelers interested in booking a Tour. The “Members” are persons who completed Bolbom's account registration process. Travelers and Members are jointly referred to as “you”.
The “Services” comprise listings for Tours independently created by Operators in their own discretion and responsibility (each a “Listing”) as well as Content (as defined below) which are accessible at www.bolbom.com including its subpages (collectively, the "Site") and any related applications (the "Application").
BolBom is solely acting as a commercial agent for the Operators. BolBom is not an operator of Tours, nor is it a provider of Tours, nor a representative or proxy of an Operator nor an insurer. BolBom does not own, sell, resell, furnish, provide, manage or control any transportation, tour or travel services and does not act as an agent to the Travelers. BolBom's responsibilities are limited to exclusively facilitating the availability of the Services and serving as the commercial agent of each Operator.
BolBom has no control over the conduct of Operators, Travelers, MEMBERS and other users of the Services. BOLBOM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY TOURS. BOLBOM IS NEITHER RESPONSIBLE NOR LIABLE FOR TO ANY LISTINGS AND TOURS. BOOKINGS WITH THE OPERATORS ARE MADE AT THE TRAVELER'S OWN RISK.
The Services are intended solely for persons who are aged 18 years or older. Any access to or use of the Services by anyone under 18 years is expressly prohibited. By accessing or using the Services you guarantee that you are 18 years or older.
Bookings and Payments
Bookings by Travelers with Operators
The respective Operator only, and not BolBom, is solely responsible to the respective Traveler for honoring any confirmed bookings and making available any Tours reserved through the Services. The Operator is also responsible to provide all information legally required to the Traveler. If you, as a Traveler, choose to enter into a transaction with an Operator for the booking of a Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Operator only and you agree to accept any terms, conditions, rules and restrictions associated with such Tour imposed by the Operator and will receive necessary information from the Operator only. You acknowledge and agree that BolBom is no party to the agreement but only acts as the commercial agent to the Operator and BolBom accepts no liability arising from or related to any of your agreements with the Operator unless BolBom is legally obliged to do so or to fulfil certain information and security obligations towards the Traveler.
The Operators are requested to either confirm or reject a booking within the specified timeframe (which is generally within 24 to 48 hours of when the booking is requested, as determined by BolBom in its sole discretion) or the requested booking will be automatically cancelled.
Once your confirmed booking transaction is complete (including payment) you will receive a confirmation email summarizing your confirmed booking.
Payments by Travelers
You agree to pay for the “Total Cost” (including the price of the tour and, where applicable, taxes, levies and duties) for any booking requested, in accordance with the pricing terms set forth in the applicable booking page, if such requested bookings are confirmed by the applicable Operator. The availability and price of a Tour can change any time until you have received a booking confirmation.
In case only the deposit is payable at the time of booking or booking confirmation, the balance of payment (i.e., the Total Cost minus the deposit) is due and will be payable as stated in the Operator’s terms according to the booking page.
BolBom in its own discretion collects (through third party payment processors) the Total Cost (as one payment or deposit plus balance payments) for and on behalf of the Operator as its commercial agent. You hereby authorize the collection of such amounts by charging the credit/debit card provided as part of requesting the booking, or by one of the other payment methods as described on the Site or Application.
Bank and Credit Card Fees
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since BolBom may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
By offering reservations for travel in particular international destinations, BolBom does not represent or warrant that travel to such areas is advisable or without risk. BolBom will not be liable for damages or losses that result from travel to such destinations.
You and any children traveling with you must be in possession of a machine-readable passport valid for 6 months after their trip return date along with applicable visas. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
For up-to-date detailed information on travel documents and visas, entry/exit taxes and further information on entry and exit requirements please check with your local consular services. Obtaining and carrying these documents is your sole responsibility. BolBom bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation/holiday related to improper documentation or government decisions about entry.
BolBom is committed to comply with sanctions imposed by the Office of Foreign Assets Control (OFAC). These sanctions change from time to time and impose restrictions on travel companies. BolBom will not offer for sale journeys that include travel to any sanctioned country. BolBom reserves the right to cancel any reservation made that is contrary to OFAC policy and/or sanctions and BolBom will not directly or indirectly use any funds, or lend, contribute or otherwise make available funds to any person or entity, for the purpose of financing the activities of any company, country and/or persons currently subject to any U.S. sanctions administered by OFAC.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
BolBom Rewards Programs
Friends with Benefits
If applicable, BolBom's Friends with Benefits program allows you as a Traveler to earn BolBom travel credits for friends who are not currently BolBom members and who have never booked a tour with BolBom (the “New User”) you refer that make a qualified booking with BolBom. Members of BolBom's affiliate program may not simultaneously collect travel credits via your invite link. To accumulate and redeem travel credits you must maintain a BolBom account in good standing. To earn travel credits, refer New Users by sending them your personal invite link, available in your member's area on the Site. You may also share your unique invite link via email and social media to friends and family. You may not share your personal link on public forums or coupon sites. If you do this, it is a violation of this Agreement and BolBom may terminate your account. You will then forfeit all credits in your account. BolBom reserves the right to cancel, revoke, or otherwise prevent the issuance of travel credits in any suspected case of fraudulence or misuse of this program and does not need to provide any details or explanation.
If the New User clicks your unique invite link (or enters your invite code) and books directly with BolBom using your indicated discount (unless otherwise stated 5 %), BolBom will deposit the indicated amount (unless otherwise stated 5 %) of your friend’s tour value on the day your friend books the tour, to your BolBom Account. You must be signed in to your BolBom account to use your travel credits. These credits can be used to book any tour through BolBom.Travel credits are non-refundable. Upon cancellation of a tour by the Traveler, any credits used for the booking will not be refunded.
BolBom reserves the right at any time to modify or discontinue the Friends with Benefits program either temporarily or permanently (or any part thereof) with or without notice. BolBom will not be liable to you in the event of any modification, suspension or discontinuance of this program. Travel credits are not redeemable for cash or equivalents. BolBom's promo codes and travel credits cannot be applied on existing confirmed bookings.
Should you choose to cancel your BolBom membership, any travel credits you have at the time will not be refundable.
Other Travel Credits
BolBom may in its sole discretion provide travel credits as part of BolBom's rewards program. These travel credits will be based on the tour you book and they may be deposited into your BolBom account. These credits can be used on the same basis as outlined above for the Friends with Benefits program.
BolBom may in its sole discretion offer promo codes from time to time and unless otherwise stated they have an expiry period of 30 days from implementation of the offer. Promo codes can only be used for bookings for tours and on the same basis as outlined above for the Friends with Benefits program. Only one promo code can be redeemed per booking and they may not be combined with travel credits.
All materials and content on the Website, including, but not limited to, images, illustrations, text, audio clips, and video clips, are protected by or consist of copyrights, trademarks, service marks, and/or other intellectual property rights ("Intellectual Property"). The Intellectual Property is governed and protected by United States and worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. The Intellectual Property is owned or controlled by us or other parties that have licensed to us the right to use their Intellectual Property or the right to market their products and/or services (collectively the "IP Providers").
The Intellectual Property is provided solely for your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Site. You may download any Intellectual Property solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in such Intellectual Property. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without our prior written consent or that of the IP Providers. Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Site, is prohibited by these Terms.
All software, applications, and modules (collectively, "software") used on the Site are proprietary to or licensed to us by other parties ("Software Providers", together with IP Providers, the "Providers"). You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on the Site. Further, you cannot (i) use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Site; (ii) perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment; (iii) use any "robot", "spider", or other automatic device (or a program, algorithm, or methodology with similar processes or functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on this Site.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Intellectual Property to countries or persons prohibited under United States' export control laws. By using, copying, or downloading any portion of the Intellectual Property, you are representing that you are not in a country where such export is prohibited; that you are not on the US Commerce Department's Table of Denial Orders or the US Treasury Department's list of Specially Designated Nationals; and that you are not providing access to the Intellectual Property to any person similarly situated.
BolBom may, in its sole discretion, permit you to post, upload, publish, submit or transmit text, graphics, images, video or other materials (“Content”). By making available any Content on or through the Services, you agree that BolBom may use the Content as BolBom at its discretion sees fit in particular on its (mobile) website and app, and in (online/offline) promotional materials and publications. You hereby grant to BolBom a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, or by means of the Services. BolBom does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content.
You acknowledge and agree that you are solely responsible for all Content that you make available through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to BolBom the rights in such Content, as contemplated under these Terms; and (b) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or BolBom's use of the Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. The person who uploaded the Content warrants that the Content shall not contain any viruses, Trojan horses or infected files. You must not store illegal content on the Site and BolBom will monitor the site regularly for such illegal content. Please be aware that if you upload illegal content you could be subject to a fine. Any Content that does not meet the aforesaid criteria will not be posted and can be removed at any time and without prior notice.
BolBom may, in its discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or terminate your BolBom account. Upon termination BolBom will within a commercially reasonable time pay you any amounts which BolBom is legally obliged to pay you. BolBom does not have an obligation to delete or return to you any Content you have posted to the Services, including, but not limited to, any reviews or feedback.
Reporting Claims of Copyright Infringement
If you believe that materials hosted by us infringes your copyright, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.
Our Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows:
230 5th Ave, New York, NY 10001.
We reserve the right in appropriate circumstances to remove content on the Website alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.
Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website, Trips, or the Intellectual Property.
Links to Third-Party Sites
Our website contains links to websites owned and operated by third parties. If you use these links you leave our website. These links are provided for your information and convenience only and are not an endorsement by BolBom of the content of such linked websites or third-party services. BolBom has no control of the content of any linked website and is not responsible for these websites or their content or availability. BolBom makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability of quality of their products or services. If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or make any donations to such third party, you do so entirely at your own risk. BolBom accepts no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products or services contained on or accessed through any such linked website.
Fortunately, complaints are few and far between. However, should you have a complaint, please contact BolBom’s customer service at (e-mail and phone) within 60 days of return from your tour. A consumer may also bring proceedings in the courts of the country in which consumer is domiciled. However, consumer agrees that complaints not received within 60 days from the return date of your tour will be barred.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms.?
The commercial relationships that BolBom has with the Operators are governed by separate agreements. Operators may have, declare applicable or require acceptance of their own terms and conditions for the use, access and consummation of the Tour (which may include disclaimers and limitations of liability).
BolBom reserves the right to modify the Terms at any time without prior notice. Any changes will become effective immediately upon use of the Site, Application and Services post change constituting an acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
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