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.
“Site” means the Bookaway website, accessible at www.bookaway.com and www.travelertick.com..
“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.
1. THE PLATFORM
Bookaway provides an online platform that connects Suppliers of specific Transportation Services with Travelers seeking to purchase such services, available on the Site.
- If you are using the Services on behalf of another person (including any corporation or legal entity other than using it personally), you represent that you are authorized to act on behalf of that person or corporation, and are nevertheless individually bound by these Terms even if we have a separate agreement with such corporation. You will inform such other persons or entities about the Terms that apply to the services purchases on their behalf, including all rules and restrictions applicable thereto.
- We reserve the right, at our discretion, to modify these Terms from time to time, which modification will be effective 7 days following the posting of the modification to our Platform, and will apply to causes of action arising after the effective date of the change. If a revision, in our sole discretion, is material we will notify you. You should continue to check the Platform for changes. Your continued use of our Services following the posting of changes to these Terms or providing notice to you whichever occurs first, will mean that you accept those changes.
- We, in our sole discretion, have the right to terminate or suspend your access to the Services immediately and with or without cause.
- As stated above, Bookaway makes available the Platform, including related technology, for Travelers and Suppliers to meet online, write reviews, search, compare, enter contests and arrange for bookings of Transportation Services. Bookaway is not an operator of any Transportation Services, and we do not own, sell, resell, furnish, provide, manage and/or control any transportation, tour or travel services. Our responsibilities are limited to: (i) facilitating the availability of the Services and (ii) accepting payments from Travelers on behalf of the Supplier.
2. Your Use of our Services a. Ownership
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.
b. Unauthorized use
You will and you agree to:
- comply with all applicable laws in connection with your use of the Services. This includes any privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- provide accurate information to us and update it as necessary; and (iii) act honestly and in good faith.
You agree NOT to:
- Defame, stalk, bully, abuse, threaten, harass, abuse, intimidate, harm another person or engage in any other predatory behavior, including sending unwelcomed communications to others or engage in any other predatory behavior, or incite others to commit violent acts.
- use or attempt to use another’s account or create a false identity;
- share other users’ or third party’s information without their express consent;
- duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the Services except as permitted in these Terms, or as expressly authorized by us;
- utilize or copy information, content or any data you view on or obtain from the Services to provide any service that is competitive, in our sole discretion, with the Services;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Services (whether ours or our licensors’);
- collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the Services (except if the owner of such information has expressly permitted the same);
- infringe or use our brand, logos or trademarks in any business name, email, or URL except as expressly permitted by us;
- use or launch any manual or automated system or software, devices, scripts robots, other means or processes to access, “scrape,” “crawl”, “cache”, “spider” or any web page or other service contained in our Services, or to access the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- use bots or other automated methods to access the Services, add or download contacts, send or redirect messages, or perform other similar activities through the Services;
- access, via automated or manual means or processes, the Services for purposes of monitoring its availability, performance or functionality for any competitive purpose;
- engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- attempt to or actually access the Services by any means other than through the interfaces provided by us. This prohibition includes accessing or attempting to access the Services
using any third-party service, including software-as-a-service platforms that aggregate access to multiple services;
- attempt to or actually override any security component included in or underlying the Services; or
- Interfere or disrupt the Services, including, but not limited to any servers or networks connected to the Services, or the underlying software.
3. Bookings over the Platform
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.
5. Changes and Cancellations
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.
6. International Travel
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.
7. No Endorsement
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.
8. Third Parties’ Links, Websites, and Services
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.
9. Reporting Misconduct
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:
- satisfy any applicable law, regulation, legal process, subpoena or governmental request;
- enforce these Terms, including investigation of potential violations of it;
- detect, prevent, or otherwise address fraud, security or technical issues;
- cooperate with law enforcement authorities or prevent child exploitation;
- respond to user support requests; or
- protect our, our users’ or the public’s rights, property or safety.
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, NEITHER WE, OUR AFFILIATES, PARTNERS,
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,
DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS DO NOT GUARANTEE THAT
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.
12. Limitation of Liability
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.
15. Governing Law and Jurisdiction
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.