DESCRIPTION OF THE SERVICE TravelSuit is an on-line internet travel agent designed to for the benefit of business and companies of all sizes to save time and money on managing business travel by providing a platform that can incorporate: businesses travel policies – giving better control over ravel spend; Booking – a search and booking tool that displays available results and highlights the options which are in and out of the travel policy and allows an Authorized User (defined below) to book the selected travel itinerary and pay for it according to the methods of payment available on TravelSuit; Managing and Reporting- creating on-line up-to-date reports facilitating the reimbursement process and businesses control over travel costs.
“Authorized User” means an employee, advisor, or agent of the Client that has been assigned a unique username-password combination to access and use the System.
Client’s Account. To access the features of the System, Client must register for an account (the “Client’s Account”) on the System. Client is solely responsible for maintaining the confidentiality of its account and password and Client agrees to accept responsibility for all activities that occur under its account by its Authorized Users. If Client has reason to believe that its Client Account is no longer secure, then it shall notify TravelSuit as soon as possible. Upon Client registration and its compliance with these Term of Use and applicable law, commencing on the date the Client begins using the System, and continuing until such time as Client closes the Client Account or TravelSuit notifies the client that the agreement between them is terminated. Client may access and use the System solely for its internal business purposes and such access and use is expressly limited to the Authorized Users of the Client. Client shall ensure that all Authorized Users acting on behalf of Client comply with these Term of Use, including, without limitation, with Client’s obligations as determined in these Term of Use.
OBLIGATIONS OF THE USERS
Client is aware that TravelSuit does not control its third-party service providers, and in rare cases from the time of booking/payment until Users receive a finalized e-ticket and/or hotel confirmation number, there is a possibility of price change and/or booking cancellation by the relevant service provider. TravelSuit will make its best effort to assist Users in finding suitable alternatives for their trip selections in terms of itinerary and pricing. It is hereby understood that all additional cost in connection to said changes of price and/or booking cancellation will be borne by the Client after TravelSuit contacts the User and gets their approval to all itinerary and/or pricing changes and confirmations required for the relevant trip.
INTELLECTUAL PROPERTY RIGHTS
TRAVELSUIT DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY DESTINATION IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. TRAVELSUIT DISCLAIMS ALL LIABILITY RELATING TO THE ACTIONS OR INACTIONS OF THIRD PARTY PROVIDERS OR ANY THIRD PARTY SERVICES, INCLUDING ANY ACTIONS OR INACTIONS THAT RESULT IN ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES. TRAVELSUIT HAS NO LIABILITY TO CLIENT OR ITS AUTHORIZED USERS OR ITS PERSONNEL AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND TRAVELSUIT’S CONTROL. TRAVELSUIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, IN CONNECTION WITH THESE TERM OF USE OR THE SYSTEM. WITHOUT LIMITING THE FOREGOING, TRAVELSUIT DISCLAIMS ANY WARRANTY THAT THE SYSTEM WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. TRAVELSUIT FURTHER DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SYSTEM AS TO MERCHANTABILITY, ACCURACY OF ANY INFORMATION PROVIDED, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TRAVELSUIT FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, INCLUDING BUT NOT LIMITED TO TAX ADVICE AND REPORTING RESPONSIBILITIES, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRAVELSUIT OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED.
TERM AND TERMINATION
The term of agreement to use the System by the Client and its Authorized Users shall be as set forth in the registration procedure (“Term”). Except as otherwise agreed upon during the registration procedure, the agreement between TravelSuit and the Client shall commence on the date the Client complete the registration procedure and commence to using the System and shall continue until such time as Client ceases to use the System or services of TravelSuit, unless terminated earlier as provided in these Term of Use. Except as otherwise specified in the applicable registration procedure, the Term shall automatically renew for additional periods equal to the expiring Term unless either party gives the other notice of non-renewal at least thirty (30) days before the end of the expiring Term. Termination for Convenience. At any time, Client may terminate this Agreement, effective immediately, by notifying TravelSuit of its wish to cease to use the System or services TravelSuit. Client may, at its sole discretion, elect to offer TravelSuit advance notice of any such termination, and if so, TravelSuit will cooperate with Client, as reasonably requested by TravelSuit and at TravelSuit’s standard rates, in a wind-down of services prior to such termination. TravelSuit may immediately suspend or terminate Client’s access to the System, by written notice to Client, in the event that (i) TravelSuit determines on the basis of reasonable evidence that the System is being used for fraudulent or criminal activities, or in violation of any applicable law or regulation, or (ii) in the event that a governmental, legal or other law enforcement authority so requires, or instructs TravelSuit to terminate or suspend services to Client. Upon any termination by Client prior to completion of the Term set forth in the applicable registration form, Client shall not be entitled to a refund of any prepaid fees, and shall be required to pay, as liquidated damages and not as a penalty, the difference between the fees set forth on the registration form and TravelSuit’s standard non-discounted rates. In no event shall any termination relieve Client of the obligation to pay any undisputed Fees payable to TravelSuit for the period prior to the effective date of termination or cancellation. Notwithstanding anything hereinabove set forth, either Party may terminate this Agreement immediately by providing written notice to the other Party in the event the other Party becomes insolvent, makes an assignment for the benefit of creditors, ceases to do business, or if any bankruptcy, reorganization, arrangement, insolvency, liquidation proceeding, or other proceeding under any bankruptcy or other law for the relief of debtors is instituted by or against such Party.
INDEMNIFICATION Client shall indemnify TravelSuit, its officers, directors and employees, from and against any liabilities, losses, damages and expenses, including court costs and reasonable attorneys’ fees, arising out of or in connection with any third-party claim (“Claim”): (i) that a third party has suffered injury, damage or loss resulting from Client’s or an Authorized User’s use of the System ; or (ii) that Client or any Authorized User has used the System in a manner that violate these Term of Use. Indemnification by TravelSuit. TravelSuit shall indemnify Client from any Claim that: Client’s authorized use of the System infringe or misappropriate the Intellectual Property Rights of any third party. In the event that TravelSuit’s right to provide the System is enjoined or in TravelSuit’s reasonable opinion is likely to be enjoined, TravelSuit may obtain the right to continue providing the System, replace or modify the System so that they become non-infringing, or, if such remedies are not reasonably available, terminate the agreement without liability to Client. LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, OR OTHER ECONOMIC LOSS, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER ANY CLAIM FOR RECOVERY IS BASED ON THEORIES OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, IN NO EVENT SHALL TRAVELSUIT’S AGGREGATE LIABILITY TO THE CLIENT AND ANY THIRD PARTY IN CONNECTION OR CLIENT’S ACCESS TO AND USE OF THE SYSTEM EXCEED THE TOTAL FEES PAID BY THE CLIENT IN THE SIX MONTH PERIOD PRECEDING THE CLAIM OR ACTION, REGARDLESS OF THE FORM OR THEORY OF THE CLAIM OR ACTION.
The System and these Term of Use are governed by Israel law. Any dispute arising, or any claim related to the content and services of the System and these Term of Use shall be resolved by the courts of Tel-Aviv (Israel), and Client expressly waive its own forum or any other that may apply to him. TravelSuit and Client hereby agree to submit to the exclusive jurisdiction of such courts.
The books and records of the Company and the information stored in the System shall serve as proof and prima facie evidence of the correctness of the books and records of the Company and the performance of the System and the booking made with the System.
Force Majeure. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of events beyond the reasonable control of such party, which may include without limitation denial-of-service attacks, strikes (except by its own employees), shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes and material shortages (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the non-performing party will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues, and such party continues to use commercially reasonable efforts to resume performance.
TravelSuit Contact Information:
Israel: 6 Kaufmann St, Tel Aviv-Jaffa, Israel
The Netherlands: Bos en Lommerplein 270-300, 1055 RW Amsterdam, Netherlands
Phone: +972 (3) 376-0206