BCD Travel Services B.V. (“BCD”) will provide the TripSource application and other related applications (the “Application”), which manages travel plans, enables you to make or change certain travel reservations and may make additional information, functionalities, features, alerts and other travel-related functionalities available from time to time (the “Online Services”) to you on the terms and conditions of use set forth below (the “Terms”). The Online Services may include access to TripSource by a website of BCD or one of its affiliated entities (a “BCD Company” and such website, a “Website”) and the products and services accessible thereon. Certain features, functionality and content accessible on or through the Application may be hosted on the Website. These Terms will govern your access to and use of the Application and the Online Services. In addition, the terms of a service agreement between a BCD Company and the organization or entity (the “Client”) through which you have received access to the Application and/or Online Services may govern your use of the Application and Online Services, and your access to particular Online Services may be limited at the discretion of the Client and/or BCD.
Please read these Terms carefully before using the Application or Online Services. Your access to and use of the Application and the Online Services are expressly conditioned on your compliance with these Terms. By downloading, installing or using the Application or any Online Services, you are acknowledging that you understand and agree to these Terms and you have checked that the use of this Application and the Online Services is approved by the Client. If you do not accept these Terms in their entirety, then you have no rights to download, install or use the Application or any Online Services.
- Eligibility. The Application and the Online Services may only be used by employees of Clients serviced by BCD or a BCD Company (or travelers otherwise expressly authorized by Client or BCD or a BCD Company), who have booked a trip or who have an active user profile in a supported profile management system using a unique email address.
- Limited License. The Application is licensed to you only for use under these Terms. Subject to your compliance with these Terms, BCD grants you a limited, personal, non-exclusive and non-transferable license to download, install and use the Application and the Online Services for your personal, non-commercial use on electronic devices that: (a) you own or control; and (b) are supported by BCD (the “Supported Devices”). For questions on Supported Devices please use the Contact/Notice Information provided further below.
- Restrictions. You may not: (a) decompile, reverse engineer, disassemble or attempt to derive the source code of the Application, any updates or any part thereof (except to the extent such restriction is prohibited by applicable law or permitted by the licensing terms governing use of any open sourced components included with the Application); (b) copy (except as necessary to download, install and access the Application as permitted in this Agreement), modify or create derivative works of the Application; (c) use the Application on any device that you do not own or control or that is not a Supported Device; (d) transfer, sublicense, lease, lend, rent, sell or distribute the Application; (e) make the Application, the Services or any of their functionality available to any other user, including by uploading the Application to network or file-sharing services. Any attempt to do any of the above is a violation of the rights of BCD (or, as applicable, its licensors). If you breach these restrictions, you may be subject to prosecution and/or damages.
- Upgrades. These Terms will govern any upgrades or updates (including new features or functionalities) provided by BCD that replace and/or supplement the Application or any Online Services unless such upgrade or update is accompanied by a separate license, in which case the terms of that license will govern.
- Ownership. The Application and Online Services are solely owned by BCD (or, as applicable, its licensors). You must own or control the hardware on which the Application is downloaded or used, but as between you and BCD, BCD (or, as applicable, its licensors) retains all rights, title, and interest in and to the Application and Online Services, including all intellectual property rights therein. You acknowledge and agree that the Application and the Online Services, including the source code and the specific design and structure of individual modules or programs, as well as the information provided to you through the Application or the Online Services, constitute or contain the proprietary rights of BCD (or, as applicable, its licensors), and may be protected by international copyright, authorship, trademark, trade secret and other laws, and that misuse thereof could be prohibited by law. You may not delete or in any manner alter the copyright, trademark or other proprietary rights, notices or markings appearing on the Application or the Online Services.
- Links. The Application and the Online Services may contain links or access to websites, services, systems or other resources of third-parties (“Resources”). You acknowledge and agree that BCD makes no representations or warranties and is not responsible or liable for the privacy, availability, accuracy, content or products of or related to such Resources. Links to Resources do not imply any endorsement by BCD of such Resources or the content, products or services available from such Resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such Resources and agree that BCD has no liability to you for any content that may be found on such Resources. Further, it is up to you to take precautions to ensure that whatever links you select or software you download is free from such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. You agree to comply with the applicable third party terms and conditions while accessing Resources.
- Currency Converter. Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. BCD Company and the respective suppliers do not warrant or guarantee the accuracy of displayed currency conversion rates. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
- User Reviews, Comments, Photos and Content. The Application and Online Services may display reviews, comments, photos and other material in relation to hotels as well as other travel experiences (“Reviews”). BCD may also offer a facility allowing users of the Website to post Reviews (“User Reviews”). You disclaim any proprietary rights you may have in such User Reviews, and the same may be freely used, copied, distributed and made available in any medium and in any form by BCD. Where this posting facility is offered, you expressly agree only to submit User Reviews that are appropriate to that service, complying with these terms and conditions and also any accompanying guidelines made available on the Website. You grant BCD a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Reviews throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such User Reviews. You acknowledge that BCD may choose to provide attribution of your User Reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such User Reviews may be shared with our supplier partners. You further grant BCD the right to pursue at law any person or entity that violates your or BCD’s rights in the User Reviews by a breach of these Terms and Conditions. You acknowledge and agree that User Reviews are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your User Reviews and agree that you have no objection to the publication, use, modification, deletion or exploitation of your User Reviews by us or any of our partners or licensees.
Specifically, by posting a User Review, you represent and warrant that:
- you own or otherwise control all of the rights to the User Reviews that you post;
- as at the date of posting, the User Reviews submitted are accurate;
- User Reviews that you supply do not breach any BCD terms and conditions of use, guidelines or policies (as applicable from time to time);
- you will not intentionally or recklessly post information that could cause injury or offend any person or their business and in particular: you will not post any comments, information or material that is untrue; malicious; defamatory; abusive; obscene or could reasonably be taken as such;
- you will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity;
- you will not to post or distribute any information or material that is owned by any third party without the express written consent of such party to do so; and
- all photos submitted are subject to and compliant with our photo submission guidelines.
BCD claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.
BCD does not edit Reviews or User Reviews submitted and to the fullest extent permitted by law will not be in any way responsible or liable for such Reviews or User Reviews or their subsequent posting, use or distribution. In addition, BCD does not verify, endorse or approve the views or comments expressed in any Reviews or User Reviews which are the personal views of the individuals submitting them. Any decisions made on the basis of reviews or comments appearing on the service are taken at your own risk.
BCD reserves the right for any reason in its sole discretion to refuse to post or to remove (without notice) any Reviews or User Reviews. Amongst other things, this includes situations where BCD receives a third-party complaint and/or has reason to believe that there has been a breach of these terms and conditions.
- Notice of Infringing Material. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material your claim is infringing is on the Website, such as a link to the infringing material.
- Your address, email address and telephone number.
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Notices should be sent to the address and email address specified in the section Contact/Notice Information.
- General Prohibitions. You agree not to do any of the following while using the Application, the Online Services or any Resources: (a) post, publish or transmit any text, information or materials that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (b) attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures; (c) interfere with, or attempt to interfere with, the access of any user, host or network of the Application, the Online Services, or any Resources, including without limitation, sending a virus or overloading the system; (d) impersonate or misrepresent your affiliation with any person or entity; (e) make any fictitious, speculative or duplicative, abusive, fraudulent reservation or reservation of space in anticipation of demand; (f) make any reservation or otherwise use the Application, Online Services or Resources in violation of Client’s policies, any government regulations or applicable laws; or (g) use the Application, Online Services or any Resources in any unauthorized way whatsoever. BCD will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Application security issues, to the fullest extent permitted by law.
- Travel Services. You may use the Application and the Online Services to make legitimate reservations or purchases (“Travel Services”). BCD or the relevant BCD Company acts only as an agent for the airlines, transport providers, hotels and other related contractors providing Travel Services (“Supplier”).
Travel Services are subject to terms or conditions dictated by the relevant Supplier. Please read these terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by the Supplier, including payment of all amounts when due and in compliance with applicable policies, rules and restrictions.
- Term & Termination. These Terms remain effective until updated or terminated by BCD. BCD may update these Terms at any time at its sole discretion in which case the updated Terms will be displayed on this page, indicating a new effective date. The Terms will become applicable from the effective date and replace all earlier Terms and your continued use of the Application and Online Services signifies your acceptance of the updated or modified Terms. Be sure to return to this page periodically to review the most current version of the Terms. Your rights under these Terms will terminate automatically if you breach any of these Terms. Upon termination for any reason, you must promptly destroy or un-install all copies of the Application in your possession or control. BCD and its licensors reserve the right – without liability of any kind – to suspend, disable, cease providing or change the features or functionalities of the Application or the Online Services at any time and without notice. BCD may also impose limits on the use of or access to certain features or functionalities of the Application or the Online Services.
- No Warranty. The Application and the Online Services are provided “AS IS” and “AS AVAILABLE”, without warranty or condition of any kind, either express or implied. BCD makes no warranty: (a) that the Application or the Online Services will meet your requirements; (b) that the Application or the Online Services will be compatible with or operate in the manner that you select for use, or on the hardware or with the operating systems that you use; (c) that the Application or the Online Services will function on any mobile devices or operating systems, irrespective of whether these are currently Supported Devices or systems; (d) that the operation of the Application or the Online Services will be available on an uninterrupted, secure or error-free basis, or that any defects, errors or service interruptions will be corrected; (e) regarding the quality of any products, services or information obtained through the Application or the Online Services; (f) regarding the performance, accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through the Application or the Online Services; (g) that any third-party service providers, including mobile carriers, device manufacturers (including manufacturers of Supported Devices), third-party websites, manual or automated airline or other reservation systems or any travel suppliers, who contribute to, or are involved in, the operation, maintenance, provision or content of the Application or the Online Services (collectively, the “Service Providers”), will fulfill their obligations or provide their services; (h) that any of the information, data, bookings or other travel-related services contained in the travel itineraries generated through the Application or the Online Services will be provided by the relevant Service Providers or Suppliers; or (i) that the Application or the Online Services will be available in any specific language or country, or that they will be appropriate to use in any particular location. BCD explicitly disclaims all warranties and conditions, express, implied or statutory, including any implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, quiet enjoyment and any warranties and conditions arising out of course of dealing or usage of trade. No advice, or information, whether oral or written, obtained from BCD or through the Application or the Online Services will create any warranty or guarantee, whether express or implied. Carrier, equipment, terminal, gate, weather forecast, schedule, time, location and other travel-related data (“Travel Data”) provided by the Application or the Online Services are not intended to be relied upon in situations where precise Travel Data is needed or where erroneous, inaccurate or incomplete Travel Data may lead to death, personal injury, property or environmental damages. BCD does not warrant or guarantee the availability, accuracy, completeness, reliability or timeliness of any Travel Data provided through the Application or the Online Services or in the Resources. As Travel Data may change, if you receive alerts through the Application or the Online Services about flight or travel changes to your itinerary, please check with the relevant Suppliers for the latest information about your trip.
- Use of the Application at Your Own Risk. Your access to and use of the Application and Online Services is at Your Own risk. BCD will have no responsibility for any harm to your mobile device or its operating system, loss of data or other harm that results from your access to or use of the Application or the Online Services.
- Limitation of Liability. To the extent not prohibited by law, BCD or any other party involved in creating, producing or delivering the Application or the Online Services will not be liable to you for any indirect, special, incidental, exemplary, punitive or consequential damages (including loss of use, data, business or profits) or for the cost of procuring substitute products arising out of or in connection with these Terms, or your access to or use of (or inability to access or use) the Application or the Online Services, or the performance (or non-performance) of the Application or the Online Services, whether such liability arises from any claim based on contract, warranty, tort, strict liability or otherwise, and whether or not BCD has been advised of the possibility of such loss or damage. BCD shall have no liability for errors or bias, or the availability, accuracy, completeness, reliability or timeliness (or lack thereof), in any information, data, services, reservations, fares or Travel Data provided by any Service Provider or Supplier. BCD shall have no liability to you or any third party for any content you upload using the Application or the Online Services.
Nothing in these Terms shall be taken as excluding or attempting to exclude or in any way restrict any liability: (a) to the extent it would be illegal or unenforceable at law for BCD to exclude or to attempt to exclude its liability; (b) for fraud or fraudulent misrepresentation; (c) for death or bodily injury to the extent arising directly from the negligence of BCD or its employees or agents; or (d) to the extent arising from gross negligence or willful misconduct on the part of BCD.
- Survival. The foregoing limitations will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of damages set forth above are fundamental elements of the basis of the bargain between BCD and you.
- Indemnity. Upon BCD’s request you agree to defend, indemnify and hold BCD, the BCD Companies and their officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees and court costs, arising out of or in any way connected with any content you submit or provide using the Application or the Online Services or your violation of these Terms.
- Governing Law. These Terms are governed by and shall be construed in accordance with Dutch law, without regard to or application of conflicts of law rules or principles. Your use of the Application and the Online Services may also be subject to other local, national and international laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
- General. You may not assign or transfer any rights granted hereunder, by operation of law or otherwise, without BCD’s prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. The exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. All notices or approvals required or permitted under these Terms will be in writing and delivered by overnight delivery service, by registered mail or, for notices from BCD to you, to the unique email address you have registered under your traveler user profile, and in each instance, will be deemed given upon receipt. All notices or approvals will be sent to such addresses as may be specified by either party to the other in accordance with this section. The failure by either party to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If any provision of these Terms is held to be unenforceable or invalid that provision will be enforced to the maximum extent possible and the other provisions will remain in full force and effect. These Terms are the complete and exclusive understanding and agreement between the parties regarding its subject matter and supersedes all proposals, understandings or communications between the parties, oral or written, regarding its subject matter, unless you or the Client and BCD have executed a separate agreement. Any terms or conditions contained in a notice or other document that you send to BCD that is inconsistent with or in addition to the Terms contained herein are hereby rejected by BCD and will be deemed null and of no effect. You acknowledge that your mobile carrier may bill you for applicable airtime, data, usage fees and taxes because of your use of the Application, Online Services and/or Resources. Check your mobile carrier’s plan for full details. Service may not be available in all areas.
- Contact/Notice Information. If you have any questions regarding these Terms, you may contact BCD at: firstname.lastname@example.org. Or, you can write to us at:
BCD Travel Services B.V.
Attn: Legal Department
3526 KS Utrecht, The Netherlands
For quick answers to your questions or support assistance, visit https://tripsource.com/faq.
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