Trips to Earth T&Cs
These terms and conditions, as may be tweaked from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email, or by telephone. By accessing, browsing, and using our (mobile) website or any of our applications through whichever platform (hereafter collectively referred to as the "Portal") and/or by completing an enquiry or reservation, you acknowledge and agree to have read, understood, and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content, and infrastructure of these pages and the online reservation service on these pages and through the website are owned, operated, and provided by Ground Control Media and are provided for your personal, non-commercial (B2C) use only, subject to the terms and conditions set out below. The relationship that we have with the Landings and Missions are governed by separate terms and conditions which govern the (B2B) commercial relationship we have with each of these Landings and Missions. Each Landing acts in a professional manner with Trips To Earth when making its product and/or service available on or through Tripstoearth.com (both for its business-to-business ("B2B") and/or business-to-consumer ("B2C") relationship. Note that Landings may have, declare applicable, and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own terms and conditions and house rules for the use, access, and consummation of the Trip (which may include certain disclaimers and limitations of liability).
Definitions
"Trips To Earth" "us," "we," or "our" means Ground Control Media, a PTY(Ltd) company incorporated under the laws of South Africa, and having its registered address at 14 Oak Farm Crescent Cape Town, South Africa. "Portal" means the (mobile) website and app on which the Landings and Missions is made available owned, controlled, managed, maintained, and/or hosted by Trips To Earth. "Trip" means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined, or consummated by you from the Landing or Mission.
"Landing" means the professional provider of accommodations (e.g. hotel, resort, lodge, guest house bed & breakfast), Missions (e.g. experiences, activities, parks, excursions, museums, sightseeing tours), transportation provider (e.g. car rentals, cruises, rail, airport rides, bus tours, transfers), tour operators, travel insurances, and any other travel or related product or service as from time to time available for Trip Reservation on the Platform (whether B2B or B2C).
1. Scope & Nature of TTE Service
Through the Platform, we, Ground Control Media and its affiliate (distribution) partners, provide an online platform through which Landings and Missions—in their professional conduct of business (i.e. B2C or B2B)—can advertise, market, sell, promote, and/or offer (as applicable) their products and services for order, purchase, reservation, hire, and through which relevant visitors of the Portal can discover, explore, search, compare, and make an order, reservation, purchase, or payment directly with the Landing or Mission. By doing this (e.g. by making a booking, you enter into a direct (legally binding) contractual relationship with the Landing and or Mission with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Reservation, Trips To Earth are not responsible for any financial interactions, payments, refunds, communication, confirmations regarding the Trip, Landing or Mission.
Any information that we disclose is based on the information provided to us by The Landings and Missions. As such, the Landings that market and promote their establishments on the Portal are given access to our systems through which they are fully responsible for updating all rates/fees/prices, information, policies, conditions, and other relevant information that gets displayed on our Portal. Although we will use reasonable skill and care in performing our promotion of the Landings and Missions, we will not verify 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 Portal or otherwise), inaccurate, misleading, or untrue information, nor non-delivery of information. Each Landing and Mission remains responsible at all times for the accuracy, completeness, and correctness of the (descriptive) information (including the rates/fees/prices, policies, conditions, and availability) displayed on our Portal.
Our Portal is made available for personal and non-commercial use only. Therefore, you are not allowed to resell, deep link, use, copy, monitor (e.g. spider, scrape), display, download, or reproduce any content or information, software, reservations, tickets, products, or services available on our Portal for any commercial or competitive activity or purpose.
2. Privacy and Cookies
Tripstoearth.com respects your privacy.
3. Free of charge for consumers, only Landings and Missions pay!
Our service is free of charge for Trips To Earth users because, unlike many other parties, we will not charge you for our service or add any additional (reservation) fees to the rate. We put you in direct contact with the Landings and Missions and you will pay the Landing the relevant amount as indicated by them.
Landings and Missions pay a commission (being a small percentage of the product price (e.g. room price)) to Tripstoearth.com after the end user has consummated the service or product of the Landing or mission (e.g. after the guest has stayed at and paid the accommodations). Landings can improve their ranking by increasing their commission (Visibility Booster). The use of the Visibility Booster (by increasing the commission in return for a better position in the ranking) is at each Landings discretion and may be used from time to time to promote the product offered. The algorithm of the ranking will take an increase in commission into account when determining the Default Ranking. Preferred partners pay a higher commission in return for a better position in the ranking.
Trips To Earth is not an open platform where end users can make their product available; Each Landing and Mission is hand selected based on key criteria – They have to be exceptional or have unique X factor qualities and they have to have sustainability practises in place.
4. Credit Card or Bank Transfer
If applicable and available, certain Landings and Missions offer the opportunity for reservations to be paid (wholly or partly and as required under the payment policy of the Landing) to the Landing during the reservation process, by means of secure online payment (all to the extent offered and supported by your bank). Trips To Earth never receives or processes any payments, refunds nor operates as the merchant of record. Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation provider through a third party payment processor.
For certain (non-refundable) rates or special offers, note that Landings may require that payment be made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the Trip Reservation. Check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your Trip Reservation. You will not hold Tripstoearth.com liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Landing or Mission and not (re)claim any amount for any valid or authorized charge by the Landing or Mission (including for pre-paid rates, no-show, and chargeable cancellation) of your credit card.
In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50 (or the equivalent in your local currency)). In order to indemnify you, make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures)
5. Prepayment, Cancellation, No-shows, and The Fine Print
By making a Reservation with a Landing or Mission, you accept and agree to the relevant cancellation and no-show policy of that Landing or Mission, and to any additional (delivery) terms and conditions of the Landing or Mission that may apply to your Trip . The relevant (delivery/purchase/use/carrier) terms and conditions of a Landing or Mission can be obtained from the relevant Landing or Mission. The general cancellation and no-show policy of each Landing or Mission is made available to you via the Landing and Missions during the reservation procedure and in the confirmation email or ticket (if applicable). Note that certain rates, fees, or special offers are not eligible for cancellation, refund, or change. Applicable city/tourist tax may still be charged by the Landing or Mission in the event of a no-show or charged cancellation. Check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Note that a Trip Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Landing or Mission and the reservation. Cancellation and prepayment policies may vary per segment, product, or service of each Trip. Carefully read The Fine Print and important information in your reservation confirmation for additional policies as may be applied by the Landing or Mission (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account, and you will not be entitled to any refund of any (non-refundable) prepaid amount unless the Landing or Mission agrees or allows otherwise under its (pre)payment and cancellation policy.
If you want to review, adjust, or cancel your reservation, please deal directly with The Landing or Mission. Note that you may be charged for your cancellation in accordance with the Landings or Missions cancellation, (pre)payment and no-show policy, or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation, and remember to make further payments on time as may be required for the relevant reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Landing so they know when to expect you to avoid cancellation of your Trip (Reservation) or charge of the no-show fee.
6. Correspondence and Communication
Tripstoearth.com disclaims any liability or responsibility for any communication by or with the Landing or Mission on or through its portal. You cannot derive any rights from any request to, or communication with the Landing or Mission or (any form of) acknowledgement of receipt of any communication or request. Tripstoearth.com cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed, or accepted by the Landing or Mission.
In order to duly complete and secure your enquiry or reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address, or inaccurate or wrong (mobile) phone number or credit card number.
7. Ranking, Preferred Program, Stars and Guest Reviews
Trips to Earth have hand selected all Landings and Missions featured on our site based on key criteria. They have to be exceptional or unique in some way and they have to have certain sustainability practises in place. They are assigned a sustainability rating based on an extensive questionnaire each Landing completes.
Only customers who have stayed at the Landings will be invited by Tripstoearth.com to comment on their stay at the relevant Landing and to provide a score for certain aspects of their stay or may receive a rating request during their stay. The completed guest review (including submitted rating during your stay) may be (a) uploaded onto the relevant Landings information page on our Portal for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Landing, and (b) (wholly or partly) used and placed by Tripstoearth.com at its sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Portal or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by Tripstoearth.com and our business partners. In order to offer and maintain recent (and therefore relevant) reviews, reviews can only be submitted within a limited period of time (28 days) after a stay and each review will only be available for a limited period of time (24 months) after posting. We reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar it violates our review policy. Tripstoearth.com does not compensate or otherwise reward a customer for completing a review. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations, or incentives whatsoever. Tripstoearth.com undertakes to use its best efforts to monitor and remove reviews that include obscenities or the mention of an individual’s name or reference to stolen goods.
Tripstoearth.com will not accept reviews which include:
- Profanity, sexually explicit, hate speech, discriminatory, threats, violence
- Mention of full names, personal attack towards the staff
- Promoting illegal activities (e.g. drugs, prostitution)
- Sites, emails, and addresses, phone numbers, cc details
- Politically sensitive comments
8. Disclaimer
To the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents will be liable for (i) any punitive, special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability, and ratings) of the Landing or Mission as made available on our Portal, (iii) the services rendered or the products offered by the Landing or Mission or other business partners, (iv) any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you, pursuant to, arising out of or in connection with the use, inability to use, or delay of our Portal, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential, or punitive) damages, losses, or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Landing or Mission or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors, or affiliated companies) whose products or service are (directly or indirectly) made available, offered, or promoted on or through the Portal, including any (partial) cancellation, overbooking, strike, force majeure, or any other event beyond our control.
Tripstoearth.com is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness, and due disclosure of the Trip and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. You acknowledge and agree that the relevant Landing and Mission is solely responsible and assumes all responsibility and liability in respect of the Trip (including any warranties and representations made by the Landing or Mission). Tripstoearth.com is not a (re)seller of the Trip. Complaints or claims in respect of the Trip (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Landing or Mission. Tripstoearth.com is not responsible for and disclaims any liability in respect of such complaints, claims, and (product) liabilities.
Whether or not the Landing or Mission has charged you for your Trip, you agree and acknowledge that the Landing or Mission is at all times responsible for the collection, withholding, remittance, and payment of the applicable taxes due on the total amount of the (Trip) price or fee to the relevant tax authorities. Tripstoearth.com is not liable or responsible for the remittance, collection, withholding, or payment of the relevant taxes due on the (Trip) price or fee to the relevant tax authorities. Tripstoearth.com does not act as the merchant of record for any product or service made available on the Portal.
Landings and Missions uploading photos/images onto our system certify, warrant and agree that you own the copyright to the photos/images and that you agree that Tripstoearth.com may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Tripstoearth.com at its discretion sees fit. You are granting Tripstoearth.com a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Tripstoearth.com at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, property owners) due to Tripstoearth.com publishing and using these photos/images. Tripstoearth.com does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Tripstoearth.com. Tripstoearth.com disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by tripstoearth.com at any time and without prior notice.
9. Intellectual Property Rights
Unless stated otherwise, the software required for our services or available at or used by our Portal and the intellectual property rights (including the copyrights) of the contents and information of and material on our Portal are owned by Ground Control Media, its Landings and Missions or providers.
Tripstoearth.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Portal on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Portal or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to tripstoearth.com. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).
10. Applicable law, jurisdiction & dispute resolution
These terms and conditions and the provision of our services shall be governed by and construed in accordance with South African law. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereafter also referred to as "consumer") can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereafter: "Mandatory Provisions"). Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in South Africa. Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable Mandatory Provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, 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 and conditions.
