In these Terms, the following definitions apply:
Travelpop Ltd provides the Platform on a software-as-a-service basis. We will use commercially reasonable efforts to maintain Platform availability, but we do not guarantee uninterrupted access. The Platform is provided "as is" and "as available."
We reserve the right to perform scheduled maintenance, deploy updates, and modify Platform features. Where reasonably practicable, we will provide advance notice of planned downtime to Agency administrators.
No SLA guarantee: While we target high availability, these Terms do not constitute a service level agreement. Specific availability commitments, if any, are set out in separate commercial agreements between the Operator and Travelpop Ltd.
Each Agency is responsible for:
Travelpop Ltd is not liable for losses arising from an Agency's failure to secure its account credentials.
Use of the Platform is subject to our Acceptable Use Policy, which forms part of these Terms. Breach of the Acceptable Use Policy constitutes a material breach of these Terms.
All intellectual property rights in the Platform — including but not limited to software, databases, user interfaces, documentation, and trademarks — are and shall remain the property of Travelpop Ltd or its licensors.
These Terms grant the Agency a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for the purpose of making hotel bookings in the ordinary course of its travel agency business, for the duration of the Agency's agreement with the Operator.
The Agency shall not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform.
Credit management is the sole responsibility of the Operator. The Operator may extend trade credit to Agencies at its own discretion and risk. Travelpop Ltd:
Any credit limits displayed on the Platform are configured by the Operator and reflect the Operator's commercial arrangements with the Agency. Disputes regarding credit, payment terms, or invoicing should be directed to the Operator.
Travelpop Ltd is not authorised or regulated by the Financial Conduct Authority (FCA). The Platform does not constitute a financial service, credit facility, or payment service. Travelpop Ltd does not provide financial advice.
The Platform does not store, process, or transmit credit card or debit card information. No payment card data is entered into, collected by, or held within the Platform at any time. Payment processing between Agencies and the Operator is handled entirely outside the Platform.
Both parties shall comply with all applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
Details of how we collect, use, and protect personal data are set out in our Privacy Policy.
Where Travelpop Ltd processes personal data on behalf of an Agency (as data processor), such processing shall be governed by a separate Data Processing Agreement (DPA) between the parties.
To the maximum extent permitted by law, Travelpop Ltd shall not be liable for:
Travelpop Ltd's total aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by the Operator to Travelpop Ltd in the twelve (12) months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability for:
The Agency shall indemnify and hold harmless Travelpop Ltd, its officers, directors, and employees against all claims, losses, damages, and expenses (including reasonable legal fees) arising from:
Upon termination, the Agency's access to the Platform will be revoked. Existing confirmed bookings will remain valid with the relevant hotel suppliers. Data retention will be governed by our Privacy Policy.
Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay arises from circumstances beyond its reasonable control, including but not limited to: natural disasters, epidemics, war, terrorism, government action, power failure, internet or telecommunications failure, or failure of third-party hosting services.
These Terms shall be governed by and construed in accordance with the laws of England and Wales. The parties submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes arising under or in connection with these Terms.
Before commencing formal legal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation. If the dispute is not resolved within thirty (30) days of written notice, either party may commence proceedings in the courts of England and Wales.
These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, and any applicable Data Processing Agreement, constitute the entire agreement between the parties in respect of the Agency's use of the Platform, and supersede all prior discussions, agreements, and understandings.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
The Agency may not assign or transfer its rights or obligations under these Terms without the prior written consent of Travelpop Ltd.
These Terms do not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.
For questions about these Terms, contact:
Email: [DPO_EMAIL]
Address: [COMPANY_ADDRESS]