Applicability
These terms and conditions (“Terms”), as amended from time to time, apply to all XPATS LLC services. By accessing, browsing or using the Site, Application and Services through whatever platform, you agree to comply with and be legally bound by these terms Irrespective of a registration or certain use or way of access. These Terms govern your access to and use of the Site, Application and Services and all Content (as defined below) vis-à-vis Xpats International and, where applicable, the Operators. Please carefully read these Terms and also the Privacy Policy and the Legal Notice, each of which is incorporated by reference into these Terms. If you do not fully agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application and Services. If you act on behalf of a company or other legal entity, you guarantee that you have the authority to act on behalf and to bind that company or other legal entity to these Terms. If you are using this Website and/or making travel reservations or bookings for another person you agree to inform that person(s) about the Terms & Conditions that apply to the travel reservations and bookings you have made on their behalf, including all rules and restrictions applicable thereto and these Terms of Use. You agree to be financially responsible for all of your use of the Website (as well as for use of your account by others). You are responsible for any bookings and travel reservations made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Website is true, current, complete, and accurate. Furthermore, you also confirm that the Traveler is not an unaccompanied minor. Without limitation, any exploratory, speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.
Eligibility
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.
Privacy
XPATS LLC’s Privacy Policy applies. Please see them for information and notices concerning Xpats International’s collection and use of your personal information.
Bookings and Payments
Bookings by Travelers with Operators
The respective Operator only, and not XPATS LLC, 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 XPATS LLC is no party to the agreement but only acts as the commercial agent to the Operator and XPATS LLC accepts no liability arising from or related to any of your agreements with the Operator unless XPATS LLC is legally obliged to do so or to fulfill 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 Xpats International 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.
XPATS LLC in its own discretion collects (through third party payment processors) the Total Cost (as one payment or deposit 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 your country, 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. Booking international travel may be considered to be an international transaction by the bank or card company, since XPATS LLC 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.
International Travel
By offering reservations for travel in particular international destinations, XPATS LLC does not represent or warrant that travel to such areas is advisable or without risk. XPATS LLC 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. XPATS LLC 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.
In addition, XPATS LLC will not offer for sale journeys that include travel to any sanctioned country.
Traveler Cancellations and Refunds
If:
the applicable Operator does not confirm the requested booking, or, as a Traveler, you cancel your requested booking before the requested booking is confirmed by an Operator, any amounts collected by XPATS LLC or its third-party payment processor will be refunded to the Traveler within a commercially reasonable time, depending on the selections the Traveler made via the Site and Application, and any pre-authorization of such Traveler’s credit/debit card will be released.
Once your booking is confirmed by the applicable Operator, the Total Cost of your Tour is subject to a full refund in case of a cancellation up to 24hrs of the service rendered. Please carefully read the fine print and important information in the Listing, the booking page and your reservation confirmation for policies as applied by the services. A cancellation must be done via your booking conversation page.
If you are advised that your booking is on an ‘on request’ basis (which is typically the case for tours booked shortly prior to departure), the Total Cost of your Tour is subject to the cancellation and payment terms of the Operator from the moment when you have submitted the booking request. When a tour is ‘on request’ the Operator needs several business days to ensure that all of the components of the tour package can be confirmed for you. This process may not be interrupted by a request to cancel. So, if the request comes back approved you will be charged for the full amount, and if, as a Traveler, you cancel such a booking before 24hrs of the service rendered, you are entitle to a full refund. If the Operator cannot confirm your request, you will receive a full refund.
Operator Cancellations and Refunds
If an Operator cancels a confirmed booking made via the Services, a refund of the paid amount for such booking will be made to the applicable Traveler within a commercially reasonable time of the cancellation by the Operator and the Traveler may receive an email or other communication from XPATS LLC containing non-binding suggestions for alternative Listings and other related information. If an Operator cancelled a confirmed booking and you, as a Traveler, have not received an email or other communication from Xpats International, please contact XPATS LLC at [email protected]
Promo Codes
XPATS LLC 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. Only one promo code can be redeemed per booking.
Disclaimer
If you choose to use the Services, you do so at your sole risk. XPATS LLC does not have an obligation to conduct checks on any Travelers, Operators, Members or other users of the Services or third parties and does not make any attempt to verify Listings or Content. The Services (including the Site and Application), Listings and Content are provided “as is”, without warranty of any kind. In particular, XPATS LLC makes no warranty regarding the quality of any Listings, Tours, the Services or Content or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Services or advice or information, whether oral or written, obtained from XPATS LLC.
Without limiting the foregoing, XPATS LLC is not responsible and disclaims any liability for the use, validity, quality, suitability, fitness and due disclosure of the Listings and the Tours 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 or be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the relevant Operator is solely responsible and assumes all responsibility and liability in respect of the Listings and the Tour. XPATS LLC is not a (re)seller of the Tour. Complaints or claims in respect of the Tour are to be dealt with by the Operator. XPATS LLC is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities. XPATS LLC explicitly disclaims all liability for any act or omission of any Traveler or other third party.
Under no circumstances, including, but not limited to negligence, shall we, our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, on account of your access to, use of, or browsing on the site, or your downloading of any materials, data, text, images, video, audio, or other information from the site or associated with any e-mail or links sent to you by XPATS LLC. In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits, lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the site or the services or materials on the site or the travel reservations booked through XPATS LLC (whether through this site or call center), even if advised of the possibility of such damages.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services and Content, your booking of any Tours via the Services, and any contact you have with other users whether in person or online remains with you.
XPATS LLC shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of XPATS LLC’s obligations in respect to the Services, up to the maximum amounts specified herein. Neither XPATS LLC nor any others involved in creating, producing, delivering or otherwise making available the Services or the Content will be liable for (a) any punitive, special, indirect or consequential loss or damages, including loss of profit, loss of or damage to goodwill or reputation, loss of claim, (b) any inaccuracy relating to the (descriptive) information of the Operator as made available, (c) the services rendered or the products offered by the Operators or other business partners, (d) 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 the Services, or (e) 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, negligence, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Operator or from any communications, interactions or meetings with other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services. XPATS LLC has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event will XPATS LLC’s aggregate liability arising out of or in connection with your use of or inability to use the Services or from any interactions with any other members, exceed the amounts you have paid or owe for bookings via the Services as a Traveler in the twelve (12) month period prior to the event giving rise to the liability, or one hundred US Dollars (USD 100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between XPATS LLC and you.
Indemnification
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 XPATS LLC of the content of such linked websites or third-party services. XPATS LLC has no control of the content of any linked website and is not responsible for these websites or their content or availability. XPATS LLC 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. XPATS LLC 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.
Complaints
Fortunately, complaints are few and far between. However, should you have a complaint, please contact XPATS LLC’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.
Severability
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 XPATS LLC 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).
Modifications
XPATS LLC 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.
