Terms & Conditions

Introduction and Scope of Services

Exceltrips and its affiliates (collectively, "Exceltrips") provide one or more online platforms (the “Platforms”) with technology for travelers, members, and operators to meet online, enter contests, write reviews, search, compare, and book travel 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 individuals interested in booking a Tour. The “members” are individuals who have completed Exceltrips's account registration process. Travelers and members are collectively referred to as “you”.

The “Services” include the availability of listings for Tours, which you can access through the Platforms. These listings are independently created by Operators in their own discretion and responsibility (each a “Listing”), as well as content (as defined below), which is accessible at www.exceltrips.com, including its subpages (collectively, the "Site"), and any related applications (the "Application").

Exceltrips acts solely as a commercial agent for the Operators. Exceltrips  is not an operator of Tours, nor does it provide Tours or act as a proxy for any Operator or insurer. Exceltrips does not own, sell, resell, furnish, provide, manage, or control any transportation, tour, or travel services, and does not act as an agent for travelers. Exceltrips's responsibilities are limited to facilitating the availability of the Services and acting as the commercial agent of each Operator.

Exceltrips has no control over the conduct of Operators, travelers, members, and other users of the Services. Exceltrips CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY, OR SUITABILITY OF ANY TOURS. Exceltrips IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY LISTINGS OR TOURS. BOOKINGS WITH THE OPERATORS ARE MADE AT THE TRAVELER'S OWN RISK.

Applicability

These terms and conditions ("Terms"), as amended from time to time, apply to all Exceltrips Services and govern the rights and obligations arising from the traveler's use of the Platform.

By accessing, browsing, or using the Site, Application, and Services through the Platforms, you agree to comply with and be legally bound by these terms, regardless of whether or not you registered as a member and regardless of the manner used or way of access. These Terms govern your access to and use of the Site, Application, and Services, as well as all content (as defined below) in relation to Exceltrips and, where applicable, the Operators. Please read these Terms, the Privacy Policy, and the Legal Notice carefully. Each of these documents 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 continue using the Site, Application, and Services. If you act on behalf of a company or other legal entity, you represent and warrant to Exceltrips that you have the authority to act on behalf of and bind that company or other legal entity to these Terms.

Eligibility

The Services are intended solely for individuals who are 18 years of age or older. Any access to or use of the Services by anyone under 18 years of age is expressly prohibited. By accessing or using the Services, you represent and warrant to Exceltrips that you are 18 years of age or older.

Privacy

Exceltrips's Privacy Policy applies to you. Please review the Privacy Policy for information and notices regarding Exceltrips's collection and use of your personal information. By using the Services, you expressly consent to the disclosure and use of your personal information by Extent permitted in Exceltrips's privacy policy. 

Bookings and Payments

Bookings by Travelers with Exceltrips Travel Operators

The respective Operator only, and not Exceltrips, is solely responsible to the respective Traveler for honoring any confirmed bookings and making available any Tours reserved through our Services. The Operator, and not Exceltrips, is also responsible for providing all legally required information to the Traveler. If you, as a Traveler, choose to enter into a transaction with an Operator for booking a Tour, you agree and understand that you will be required to enter into an agreement (including releases) with the Operator only. You agree to accept any terms, conditions, rules, and restrictions associated with the requested Tour as specified by the Operator. You acknowledge and agree that the responsibility to provide you with all necessary information lies solely with the Operator. Exceltrips is not a party to the agreement but acts as the commercial agent to the Operator, making our Platforms and Services available to you. Exceltrips accepts no liability arising from or related to any of your agreements with the Operator unless legally bound under applicable law despite these Terms. The Operators are requested to either confirm or reject a booking within the specified timeframe (generally within 24 to 48 hours of the booking request, as determined by Exceltrips at its sole discretion). Failure to do so will result in automatic cancellation of the requested booking. Once your confirmed booking transaction is complete, including payment, you will receive a confirmation email from Exceltrips summarizing your booking details.

Payments by Traveler

You agree to pay the "Total Cost," including the price of the tour and, where applicable, taxes, levies, and duties, for any requested booking in accordance with the pricing terms provided on the applicable booking page, only if the Operator confirms the booking. Please note that the availability and price of a Tour can change until you have received a booking confirmation. If only a deposit is payable at the time of booking or booking confirmation, the remaining balance of payment (i.e., the Total Cost minus the deposit) will be due and payable as stated in the Operator's terms specified on the booking page. Failure to pay the remaining cost as stipulated will result in forfeiture of your deposit without recourse. Exceltrips, at its own discretion, collects the Total Cost (as one payment or a combination of deposit and balance payments) on behalf of the Operator, acting as a commercial agent. By requesting the booking, you hereby authorize the collection of such amounts by charging the credit/debit card provided or using one of the other payment methods described on the Exceltrips website or application.

 

Traveller Cancellations and Refunds

If:

Exceltrips does not confirm the requested booking, or, as a Traveller, you cancel your requested booking before it is confirmed by Exceltrips,any amounts collected by Exceltrips or its third-party payment processor will be refunded to the Traveller within a reasonable timeframe, depending on the selections the Traveller made via the Exceltrips website and application. Additionally, any pre-authorization of the Traveller's credit/debit card will be released.

Once your booking is confirmed by Exceltrips, the Total Cost of your Tour is subject to the cancellation and payment terms of Exceltrips. Please carefully review the terms and conditions provided by Exceltrips regarding the specific Tour and important information in the listings, booking page, and reservation confirmation for policies applied by Exceltrips. A cancellation must be made through your booking conversation page, following the rules and procedures outlined by Exceltrips.

If you are informed that your booking is on an 'on request' basis (typically the case for tours booked shortly before departure), the Total Cost of your Tour is subject to the cancellation and payment terms of Exceltrips from the moment you submit the booking request. When a tour is 'on request', Exceltrips requires several business days to confirm all the components of the tour package. During this process, a cancellation request will not interrupt the confirmation process. Therefore, if the request is approved, you will be charged the full amount, and cancelling such a booking as a Traveller does not entitle you to any refund. If Exceltrips is unable to confirm your request, you will receive a full refund.

Operator Cancellations and Refunds

If an Operator cancels a confirmed booking made through Exceltrips services, a refund of the paid amount for that booking will be issued to the Traveller within a reasonable timeframe following the Operator's cancellation. The Traveller may also receive an email or other communication from Exceltrips containing non-binding suggestions for alternative listings and other related information. In the event that an Operator cancels a confirmed booking and you, as a Traveller, have not received any communication from Exceltrips, please contact Exceltrips at fly@exceltrips.com 

Promo Codes

Exceltrips may, at its sole discretion, offer promo codes from time to time. Unless otherwise specified, these promo codes have an expiration period of 30 days from the time they are implemented. Promo codes can only be used for bookings on the same basis as outlined above for the Exceltrips Referral and Exceltrips Loyalty programs. Only one promo code can be redeemed per booking, and they cannot be combined with Travel Credits.

Content

Exceltrips may, at its sole discretion, allow you to post, upload, publish, submit, or transmit text, graphics, images, videos, or other materials on the Exceltrips website ("Content"). By making any Content available on or through Exceltrips services, you agree that Exceltrips may use the Content in its sole discretion, including using it on the Exceltrips mobile website, app, and in online/offline promotional materials and publications. You hereby grant Exceltrips 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 through the ExceltripsTravel services. Exceltrips does not claim any ownership rights in the Content, and nothing in these Terms will restrict any rights you may have to use and exploit your Content.

You acknowledge and agree that you are solely responsible for all Content that you make available through Exceltrips services. Therefore, you represent and warrant that: (a) you are either the sole and exclusive owner of all Content you make available through the services, or you possess all the necessary rights, licenses, consents, and releases required by applicable law to grant Exceltrips the rights in such Content as contemplated in these Terms; and (b) the Content and your posting, uploading, publication, submission, or transmission of the Content, or Exceltrips use of the Content (or any portion thereof) through the services, will not infringe, misappropriate, or violate any 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. Furthermore, you represent and warrant that the Content will not contain any viruses, Trojan horses, or infected files. You must not store, and agree not to store, any illegal content on the Exceltrips website, and Exceltrips may regularly monitor the site for such illegal content. Please note that uploading illegal content may result in fines. Any Content that fails to meet the aforementioned criteria may not be posted and may be removed at any time without prior notice.

Additionally, Exceltrips may, at 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, (b) deactivate or terminate your Exceltrips account, and/or (c) remove any Content uploaded through your account. In the event of such termination, Exceltrips will, within a reasonable timeframe, pay you any amounts that Exceltrips is legally obliged to pay you, provided that any unused credits in your account, to the extent permitted by applicable law, will be forfeited upon account termination. Exceltrips is not obligated to delete or return any Content you have posted to the services, including reviews or feedback.

Disclaimer

By choosing to use the Services provided by Exceltrips, you acknowledge and accept the following terms and conditions. Please be aware that Exceltrips is not obligated to conduct checks on any Travelers, Operators, Members, or other users of the Services, nor does it attempt to verify Listings or Content. The Services, including the Exceltrips website and application, Listings, and Content, are provided on an "as is, where is" basis, without any warranties. Exceltrips does not provide any warranty regarding the quality of Listings, Tours, Services, or Content, nor does it guarantee the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services or any advice or information provided by Exceltrips, whether oral or written.

It is important to note that Exceltrips is not responsible for the use, validity, quality, suitability, fitness, or disclosure of the Listings and Tours. Exceltrips makes no representations, warranties, or conditions of any kind in this regard, whether implied, statutory, or otherwise, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose. The relevant Operator assumes full responsibility and liability for the Listings and Tours. Exceltrips does not act as a (re)seller of the Tours. Any complaints or claims regarding the Tours should be directed to the Operator. Exceltrips disclaims any liability for such complaints, claims, and product liabilities. Exceltrips explicitly disclaims all liability for any actions or omissions of Travelers or other third parties.

You acknowledge and agree that your access to and use of the Services and Content, your booking of any Tours through the Services, and any interactions with other users, whether in person or online, are undertaken at your own risk. Exceltrips liability for direct damages suffered due to any gross negligence or willful misconduct on Exceltrips part, related to Exceltrips obligations under these Terms, is limited to the maximum amounts specified herein. Neither Exceltrips nor any other party involved in the creation, production, delivery, or availability of the Services or Content shall be liable for any punitive, special, indirect, or consequential loss or damages, including loss of profit, goodwill or reputation, loss of claim, inaccuracy of Operator information, services rendered or products offered by Operators or other business partners, or any direct, indirect, consequential, or punitive damages, losses, or costs incurred or paid by you, whether arising from the use, inability to use, or delay of the Services, or any personal injury, death, property damage, or other damages suffered, whether due to acts, errors, breaches, negligence, misrepresentations, or strict liability on the part of the Operator or resulting from communications or interactions with other users or persons as a result of your use of the Services.

In no event shall Exceltrips aggregate liability arising out of or in connection with your use of the Services or interactions with 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 Canadian Dollars (CAD 100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the agreement between Exceltrips and you.

Applicable Law, Jurisdiction, and Dispute Resolution

These Terms and the provision of the Services shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without considering its conflict-of-laws rules. Any dispute arising from these Terms and the Services shall be exclusively determined by the courts of the City of Vancouver, Canada, and you submit to the exclusive jurisdiction of such courts.

Severability

If any provision of these Terms or part thereof is found invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the provision will be enforced to the maximum extent permissible, and the invalid or unenforceable provision or part thereof will be severed. The remaining provisions of these Terms will remain in full force and effect.

Please note that the commercial relationship between Exceltrips and Operators is governed by separate agreements. Operators may have their own terms and conditions for the use, access, and consummation of the Tour, including disclaimers and limitations of liability.

Modifications

Exceltrips reserves the right to modify these Terms at any time without prior notice. Any changes will be effective immediately upon the use of the Exceltrips website, application, and Services after the modification, which will constitute your acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to discontinue using the Excuro website, application, and Services.