THROUGH OUR ONLINE PLATFORM, WE ENABLE SUPPLIERS (DEFINED BELOW) TO OFFER
TRANSPORTATION SERVICES (DEFINED BELOW) THROUGH LISTINGS (DEFINED BELOW)
FOR AND TRAVELERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SUCH
TRANSPORTATION SERVICES. YOU UNDERSTAND AND AGREE THAT BOOKAWAY IS NOT
THE OPERATOR OF THE TRANSPORTATION SERVICES OFFERED BY SUPPLIERS, NOR IS
BOOKAWAY AN AGENT OR INSURER. BOOKAWAY HAS NO CONTROL OVER THE CONDUCT OF SUPPLIERS, TRAVELERS AND OTHER USERS OF THE PLATFORM OR ANY TRANSPORTATION SERVICES AND DISCLAIMS ALL LIABILITY IN THIS REGARD. BOOKAWAY
CANNOT AND DOES NOT CONTROL THE ACTUAL TRANSPORTATION SERVICES PROVIDED
AND THE CONDITION, LEGALITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY TRANSPORTATION SERVICES. BOOKAWAY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL TRANSPORTATION SERVICES. ACCORDINGLY, ANY USE OF TRANSPORTATION SERVICES WILL BE MADE AT THE TRAVELER’S OWN RISK.
“Listing” means such specific Transportation Services that are listed by a Supplier as available for booking via the Platform.
“Platform” is an online platform that allows Travelers to book or reserve Transportation Services and a variety of other travel related services from third party suppliers.
“Services” means the Platform and the Site.
“Supplier” means a third-party provider of Transportation Services who creates a Listing via the Services.
“Transportation Services” means traveling and transportation services, including round-trips, oneway or multi-city journeys, by bus, taxi, car, boat, ferry, hovercraft or other means of transportation.
“Traveler” means You or any other end user who requests a booking of Transportation Services via the Services.
Bookaway provides an online platform that connects Suppliers of specific Transportation Services with Travelers seeking to purchase such services, available on the Site.
The Services as well as the content on the Services, including without limitation, text, descriptions, products, software, graphics, all page headers, button icons, scripts, photos, interactive features, services, and all associated intellectual property rights, and any other content on the Services (“Content“) and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to us.
Content in the Services is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, decompiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Services.
“Bookaway”, the Bookaway logo, and other Marks are trademarks of Bookaway or our affiliate’s Marks. All other trademarks, service marks, and logos used on our Services are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
You will and you agree to:
You agree NOT to:
using any third-party service, including software-as-a-service platforms that aggregate access to multiple services;
If you choose to enter into a transaction with a Supplier for the booking of Transportation Services, you agree and understand that you are entering into an agreement with the Supplier and you agree to accept any terms, conditions, rules and restrictions associated with Transportation Services imposed by the Supplier. You acknowledge and agree that we only sell tickets and are not the operator of the Transportation Services , and that, with the exception of our obligation to reserve the Transportation
Service and to transfer the payment hereunder, we disclaim all liability arising from or related to the Transportation Service provided or any such agreements between you and the Supplier. Upon your payment of the ticket price of the specific Transportation Services to Bookaway, your payment obligation to the Supplier is fulfilled, and Bookaway will remit to the Supplier the respective payment.
We process payments through a third party PSP (payment service provider). The Listing for a Transportation Service specifies the final ticket price (the “Ticket Price”). As noted above the Supplier is required to either confirm or decline the booking within 48 hours of when the booking is requested. If a requested booking is declined (i.e. not confirmed by the applicable Supplier), the full Ticket Price collected by Bookaway will be refunded to you, and any pre-authorization of your credit card will be released, if applicable, and you acknowledge we will refund these amounts as soon as practicable.
WHILE FOR MOST SUPPLIERS THE EMAIL WITH THE CONFIRMED BOOKING IS SUFFICIENT,
THERE ARE CASES IN WHICH THE EMAIL CONFIRMATION ONLY CONTAINS A VOUCHER
THAT YOU NEED TO SHOW IN ORDER TO COLLECT THE ACTUAL BOARDING TICKET. IN SUCH CASES THE LISTING AND THE CONFIRMATION EMAIL WILL CONTAIN DETAILED INSTRUCTIONS WITH REGARD TO THE TICKET COLLECTION.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
You may change or cancel your booking on the Platform under the menu item “Manage my Booking” by entering your name and the booking reference code. If you cancel the requested booking before it is confirmed by a Supplier, Bookaway will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time (7-10 business days)]. Once your booking is confirmed by the Supplier, our cancellation and refund policy applies, unless otherwise stated on the booking page of the specific Transportation Service.
IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU CAN RECEIVE THE TRANSPORTATION
SERVICES AT THE AGREED TIME AND PLACE. NO REFUND CAN BE GIVEN IF YOU ARRIVE
LATER THAN THE AGREED TIME TO THE AGREED STATION, PLATFORM OR DEPARTURE
POINT AND THEREFORE MISS A JOURNEY OR TRIP. WE RECOMMEND THAT YOU ARRIVE AT
LEAST THIRTY MINUTES PRIOR TO THE SCHEDULED TIME TO THE AGREED STARTING OR PICK-UP POINT, WITH THE EMAIL WITH THE CONFIRMED BOOKING – AFTER YOU COLLECTED THE VOUCHER (IF NEEDED).
Bookaway accepts no liability if a Traveler is refused access to Transportation Services, or is requested to leave a vehicle, due to the Traveler’s inappropriate, offensive, wild, violent or dangerous behavior, including but not limited to substance abuse, drunkenness, misconduct or inappropriate exposure.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met during the time of traveling. We urge Travelers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to or within international destinations. BOOKAWAY ACCEPTS NO LIABILITY IF
YOU ARE REFUSED ACCESS TO ANY TRANSPORTATION SERVICE(S) OR INTO ANY
COUNTRY DUE TO YOUR FAILURE TO CARRY THE CORRECT AND ADEQUATE PASSPORT, VISA, OR OTHER TRAVEL DOCUMENTS REQUIRED BY ANY SUPPLIER, AUTHORITY, OR COUNTRY, INCLUDING COUNTRIES OF TRANSIT.
Bookaway does not endorse or assume responsibility for any Suppliers or any Transportation Service. In addition, although we require Suppliers to provide accurate information, we cannot confirm or verify the terms of each single journey. You should exercise caution and common sense to protect your personal safety and property when determining the identity of Suppliers who you contact via the Platform and suitability of Transportation Services that you book via the Platform. Accordingly, we encourage you to take independent measures to confirm the terms of each journey you book via the Services. Bookaway will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein.
PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO
FACILITATE THE BOOKING OF TRANSPORTATION SERVICES. BOOKAWAY CANNOT AND
DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING AND THE CONDITION,
LEGALITY OR SUITABILITY OF ANY TRANSPORTATION SERVICES. BOOKAWAY IS NOT
RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TRANSPORTATION SERVICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE TRAVELER’S OWN RISK.
The Services may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, have no control over those websites, and assume no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
We permit you to link to materials on the Services for personal, non-commercial purposes only.
If you book Transportation Services with a Supplier who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Bookaway by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you. Bookaway will not be held liable for any behavior or conduct of any third party, on or around the vehicle, including the behavior of other passengers.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
Bookaway expressly disclaims any liability that may arise out of disputes between you and the Supplier. In the event of a dispute with the Supplier, you release Bookaway and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR
LICENSORS AND AGENTS SHALL BE LIABLE FOR ANY CHANGES TO SCHEDULES, ROUTES
OR DROP-OFF POINTS CAUSED OR MADE NECESSARY BECAUSE OF STRIKES, ROAD OR STREET CLOSURES OR BLOCKAGES, RAILWAY CLOSINGS OR SHUTDOWNS, FIRE,
FLOODING, FORCE OF NATURE, TRAFFIC ACCIDENTS, ACTS OF WAR OR TERRORISM,
RIOTS, CIVIL OR MILITARY DISTURBANCES, ACT OF GOD, OR ANY OTHER CAUSE BEYOND
OUR CONTROL AND WITHOUT OUR FAULT OR NEGLIGENCE. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SPECIFICALLY DISCLAIM
ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SERVICES WILL FUNCTION
AS CLAIMED, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS,
PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS,
THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE
LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. IN ADDITION, YOU AGREE THAT WE WILL
NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND
AGENTS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS
SHALL NOT BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, DATA,
INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO
USE, THE SERVICES; (II) ANY CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT ASSUME ANY LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT
PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES
AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE GREATER OF (A) THE AGGREGATE OF THE AMOUNT (IF ANY) PAID BY YOU IN CONSIDERATION FOR THE BOOKING ASSOCIATED WITH SUCH DAMAGES AND LOSSES, OR (B) $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.
You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right.
This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the Services.
These Terms shall be governed and construed by the laws of the State of Israel, without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
SOME JURISDICTIONS MAY NOT ALLOW OR LIMIT SOME OF THE PROVISIONS OF THESE TERMS, SO THAT SUCH PROVISIONS MAY NOT APPLY TO YOU.
To the extent permitted by applicable law, Sections 11 to 17 shall survive any termination of these Terms and your use of the Services, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, indemnities and legal provisions.