Terms And Conditions

Last updated: 1st August 2021

 

1. Introduction

1.1 These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone.

1.2 These pages, the content and infrastructure of these pages, and the online reservation service (including the facilitation of payment service) provided by us on these pages and through the website are owned, operated and provided by TiA Booking Portal cc. and are provided for your personal, non-commercial (B2C) use only, subject to the terms and conditions set out below. The relationship that we have with the Travel Providers are governed by separate terms and conditions which govern the (B2B) commercial relationship we have with each of these Travel Providers. Each Travel Provider acts in a professional manner vis-à-vis TiA Booking Portal cc when making its product and/or service available on or through tia.guide (both for its business-to-business ("B2B") and/or business-to-consumer ("B2C") relationship). Please note that Travel Providers may have, declare applicable and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own (delivery / shipping / carriage / usage) terms and conditions and house rules for the use, access and consummation of the Trip (which may include certain disclaimers and limitations of liability).

 

2. Definitions

2.1 "TiA", "us", "we" or "our" means TiA Booking Portal cc., a limited liability company incorporated under the laws of Namibia, and having its registered address at Teinert Street 2, Windhoek, Namibia.

2.2 "Platform" means the (mobile) website and app on which the Travel Service is made available owned, controlled, managed, maintained and/or hosted by TiA.

2.3 "Trip" means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined or consummated by you from the Travel Provider.

2.4 "Travel Provider" means the provider of accommodation (e.g. hotel, lodge, apartment, bed & breakfast, landlord), attractions (e.g. (theme) parks, museums, sightseeing tours), activities (e.g. tours, daytrips, excursions), Restaurants, Event providers, transportation provider (e.g. car rentals, cruises, rail, airport rides, coach tours, transfers), tour operators, travel insurances, and any other travel or related product or service as from time to time available for Travel Reservation on the Platform (whether B2B or B2C).

2.5 "Travel Service" means the online purchase, order, (facilitated) payment or reservation service as offered or enabled by Booking.com in respect of various products and services as from time to time made available by Travel Providers on the Platform.

2.6 "Travel Reservation" means the order, purchase, payment, booking or reservation of a Trip.

 

3. Scope and nature of our Service

3.1 Through the Platform, we (TiA Booking Portal cc. and its affiliate (distribution) partners) provide an online platform through which Travel Providers can advertise, market, sell, promote and/or offer (as applicable) their products and service for order, purchase, reservation, rent or hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase or payment (i.e. the Travel Service).

3.2 By using or utilising the Travel Service (e.g. by making a Travel Reservation through the Travel Service), you enter into a direct (legally binding) contractual relationship with the Travel Provider in which you make a reservation or purchase a product or service (as applicable).

3.3 From the point at which you make your Travel Reservation, we act solely as an intermediary between you and the Travel Provider. We transmit the relevant details of your Travel Reservation to the relevant Travel Provider(s) and send you a confirmation email for and on behalf of the Travel Provider. TiA does not (re)sell, rent out, offer any (travel) product or service.

3.4 All claims and obligations arising from the accommodation or travel service agreement exist directly and exclusively between the customer, in case the customer makes bookings on his or her own behalf, and/or the person who will use the services of the Travel Provider and/or his or her employer, in case the customer books a business trip, and the Travel Provider. There is no accommodation or travel service agreement between the customer and TiA.

3.5 The provider of the Travel Services is not TiA or another booking system operator, but the Travel Provider chosen as the contractual partner. If several Travel Services are booked using the TiA’s online portal, TiA does not choose or arrange the individual Travel Services; this is the customer’s responsibility. The conditions specified by the customer (such as location, destination, price, period of time, category) are taken into consideration as much as possible in the selection of individual Travel Services proposed by the online portal. However, it should not be interpreted, based on the selection made by the online portal, that there are no other Travel Services which might better meet the customer’s requests or conditions.

3.6 When rendering our Travel Service, the information that we disclose is based on the information provided to us by Travel Providers. As such, the Travel Providers that market and promote their Trip on the Platform are given access to our systems and extranet through which they are fully responsible for updating all rates/fees/prices, availability, policies & conditions and other relevant information which is displayed on our Platform. Although we will use reasonable skill and care in performing our Travel Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Travel Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed on our Platform.

3.7 The Travel Services offered are categorized based on the categories of TiA’s own classification system. In addition to categories in other classification systems (for example, the classifications prescribed by law in some federal states), this system is based primarily on customers’ experiences and reviews and information from Travel Providers that TiA may have checked. The classification merely provides non-binding information on the standard and features of the Travel Service.

3.8 Our Travel Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.

 

4. Prices

4.1 The prices as offered by the Travel Providers on our Platform are highly competitive. All prices for your Trip are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on our Platform or the confirmation email/ticket. Ticket prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable. Applicable fees and taxes (including tourist/city tax) may be charged by the Travel Provider in the event of a no-show or cancellation.

4.2 Sometimes cheaper rates are available on our Platform for a specific stay, product or service, however, these rates made available by Travel Providers may carry special restrictions and conditions, for example non-cancelable and non-refundable. Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation.

4.3 If the currency selected by the customer differs from the currency set by the Travel Provider, the prices in the search results will be shown in the selected currency for convenience. However, the local currency specified in the price conditions is binding for the booking, and there may be exchange rate differences.

4.4 The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

4.5 The option to update prices constantly and bookings made by other customers in the meantime on TiA’s online portal may occasionally mean that the prices on the Travel Service’s detailed page differ from the prices shown previously in the list of Travel Services. The final price indicated before completion of the booking process is decisive for the customer.

4.6 Obvious errors and mistakes (including misprints) are not binding.

4.7 All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.

 

5. Data Protection and Privacy

5.1 TiA only collects, processes and uses the customer’s personal data to the extent that the customer consents thereto or a legal provision permits the collection, processing and use of such data. TiA only collects, processes and uses data which is required for the provision of its services and the use and operation of the online portal and/or the services offered on the online portal.

5.2 Under no circumstances does TiA sell data to third parties. Data is only transferred to third parties to the extent required for bookings/reservations with the Travel Provider chosen by the customer or the performance of other services which must be provided by TiA. This expressly includes any transfer to affiliates or other subcontractors of TiA for the purposes of executing the booking within the scope of the respective contractual structures and within the framework of the valid legal regulations, in particular in respect of data privacy.

5.3 Further information regarding data privacy and the treatment of personal data is contained in the Privacy Policy and the Cookie Policy.

 

6. Free of charge for consumers, only Travel Providers pay!

6.1 Unless indicated otherwise, our service is free of charge for consumers because, unlike many other parties, we will not charge you for our Travel Service or add any additional (reservation) fees to the rate. You will pay the Travel Provider the relevant amount as indicated in the Travel Reservation (plus - insofar not included in the price – relevant applicable taxes, levies and fees (if applicable)).

6.2 Travel Providers pay a commission (being a small percentage of the product price (e.g. room price)) to TiA after the end user has consummated the service or product of the Travel Provider (e.g. after the guest has stayed at (and paid) the accommodation).

6.3 Only Travel Providers which have a commercial relationship with TiA (through an agreement) will be made available on Platform (for their B2B and/or B2C promotion of their product). TiA is not an open platform (like Amazon or eBay) where end users can make their product available (no C2C platform); TiA does not allow non-professional parties to offer or sell their products on or through TiA.

 

7. Credit card or bank transfer

7.1 If applicable and available, certain Travel Providers offer the opportunity for Travel Reservations to be paid (wholly or partly and as required under the payment policy of the Travel Provider) to the Travel Provider during the Travel Reservation process by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, TiA facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Travel Provider (TiA never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of the Travel Provider through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Travel Provider will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.

7.2 For certain (non-refundable) rates or special offers, please note that Travel Providers may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the Travel Reservation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your Travel Reservation. You will not hold TiA liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Travel Provider and not (re)claim any amount for any valid or authorized charge by the Travel Provider (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.

7.3 If the Travel Provider requires an advance payment on the price of the Travel Service that is not paid by credit card, the Travel Provider is entitled to cancel the booking if it does not receive the advance payment within the period specified in the booking confirmation. Furthermore, failure to make an advance payment does not release the Customer from the obligation to properly cancel the booking and settle the resulting cancellation costs.

7.4 Depending on the type of booking, a credit card number and the date of expiry of the credit card may have to be stored as part of the booking procedure. Explicit reference is always made on the booking screen that a credit card number needs to be specified. These details are passed on to the Travel Provider of the Travel Service in question and verified before confirmation of the booking. Your credit card is a guarantee of payment to the Travel Provider of all costs incurred for the booked Travel Service.

7.5 The costs are directly charged to your credit card by the Travel Provider, to whom the card must be presented. The time at which the charge is made is determined by the Travel Provider's conditions.

7.6 The credit card acts as security for the Travel Provider and any cancellation costs or compensation may be charged to it by the Travel Provider. If verification of the credit card details determines that they are not correct or that the card can not be charged, the Travel Provider may cancel the booking through TiA.

 

8. Pre-payment, cancellation, no-show and fine print

8.1 By making a Travel Reservation with a Travel Provider, you accept and agree to the relevant cancellation and no-show policy of that Travel Provider, and to any additional (delivery) terms and conditions of the Travel Provider that may apply to your Trip (including the fine print of the Travel Provider made available on our Platform and the relevant house rules of the Travel Provider), including for services rendered and/or products offered by the Travel Provider.

8.2 The relevant (delivery/purchase/use/carrier) terms and conditions of a Travel Provider can be obtained with the relevant Travel Provider. The general cancellation and no-show policy of each Travel Provider is made available on our Platform on the Travel Provider information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Please note that certain rates, fees or special offers are not eligible for cancellation, (full) refund or change and you may be charged in accordance with the Travel Provider's cancellation, (pre)payment and no-show policy or not be entitled to a (full) repayment of any (pre)paid amount.

8.3 Applicable city/tourist tax may still be charged by the Travel Provider in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a Travel Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Travel Provider and the reservation.

8.4 Cancellation and prepayment policies may vary per segment, product or service of each Trip. Please carefully read the fine print (below the Trip types or at the bottom of each Travel Provider page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Travel Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted).

8.5 Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the Travel Provider agrees or allows otherwise under its (pre)payment and cancellation policy.

8.6 If you wish to review, adjust or cancel your Travel Reservation, please revert to the confirmation email and follow the instructions therein. We recommend that you read the cancellation, (pre)payment and no-show policy of the Travel Provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.

8.7 If you cancel a non-refundable booking, or don’t show up, the Travel Provider is entitled to a reasonable compensation, being a lump-sum compensation amount of the price of the reservation. You shall be free to prove that – as a result of such cancellation or no show – the Travel Provider has not suffered any loss, or that the loss incurred to the Travel Provider amounts to less than the lump-sum compensation claimed.

8.8 If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Travel Provider so they know when to expect you to avoid cancellation of your Trip (reservation) or charge of the no-show fee. Our customer service department can help you if needed with informing the Travel Provider. TiA does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Travel Provider.

8.9 In order to prevent misuse of the online portal and avoid causing unnecessary problems for the Travel Provider with incorrect bookings, TiA reserves the right to cancel a reservation in individual cases if the Customer cannot be contacted using the contact details provided or the Travel Provider declines the booking because of frequent cancellations or no-shows in the past. In such cases, the Customer is not entitled to any Travel Service. However, in order to prevent this kind of cancellation, the Customer usually has the option to secure the booking by providing a credit card number.

 

9. (Further) correspondence and communication

9.1 By completing a Travel Reservation, you agree to receive

• an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your Trip (Reservation) and destination,
• an email after arrival to rate the (experience with your) Travel Provider and the Travel Service, and
• an email which we may send to you promptly after your stay inviting you to complete our guest review form. See our privacy and cookies policy for more information about how we may contact you.

9.2 TiA disclaims any liability or responsibility for any communication by or with the Travel Provider on or through its platform. You cannot derive any rights from any request to, or communication with the Travel Provider or (any form of) acknowledgement of receipt of any communication or request. TiA cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Travel Provider.

9.3 In order to duly complete and secure your Travel Reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.

9.4 Any claim or complaint against TiA or in respect of the Travel Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.

9.5 Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position (if needed).

9.6 For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our Customer Service. If this does not resolve your complaint, you can upload your complaint via the European Commission's ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.

 

10. Ranking, stars and guest reviews

10.1 We aim to display search results that are relevant for you, by providing a personalised default ranking of Travel Providers on our Platform. You can scroll through this default ranking, use filters and sort by alternative ranking orders and thus have the ability to influence the presentation of search results to receive a ranking order based on other criteria. We use multiple algorithms to produce default ranking results, this process is constantly evolving.

10.2 Accommodation's star rating (“TiA Stars”) displayed on TiA is determined through a TiA-internal ranking and rating system. In order to determine the comparable set, the quality rating is based on many features which can be divided over 5 major categories:

• facilities/amenities/services offered by the accommodation on TiA,
• property configuration such as unit size, number of rooms and occupancy,
• number and quality of the photos uploaded by the accommodation,
• average guest review score as well as some subscores, for example cleanliness, as those are proven to be particularly helpful for customers in assessing the quality of certain accommodations and
• anonymised and aggregated historical booking data (for example, to assess the star rating of booked accommodations).

Based on these inputs, an analysis is being conducted which results in a quality rating (between 1-5, displayed by using 1-5 “TiA Stars” next to the name of the property) which is awarded to the accommodation.

10.3 The “TiA Stars” awarded to accommodation establishment merely serve as additional information to customers, ensuring an easier comparison between accommodation establishments located in different countries and regions, which might not have an own star rating system or the respective rating systems are not easily comparable. The awarded TiA-Star rating may, in some cases, differ from the official star rating that is awarded by the national accreditation authority, which is responsible for the respective accommodation establishment.

10.4 Each accommodation establishment listed on TiA has the option to request not be rated with TiA Stars. In such an event the respective accommodation establishment will be listed as “unrated” and no TiA Stars will be displayed next to its name. The same applies to accommodation establishments that have not yet been rated by TiA.

10.5 TiA does not impose formal obligations on star ratings. The TiA star classification is a representation of how the accommodation establishments compare to the above mentioned criteria in terms of price, facilities and available services and of which TiA has been informed by the accommodation establishment.

10.6 Only customers who have stayed at an accommodation establishment or have complete an activity or tour will be invited by TiA to comment on their stay and/or experience at the relevant Travel Provider and to provide a score for certain aspects of their stay and/or experience or may receive a rating request during their stay.

10.7 Review and comments from customers merely reflect a personal opinion of the respective third-party related to a specific point in time. These opinions are also shaped by the writer’s personal perceptions and expectations. It should also be taken into consideration that the services offered may have changed since the content was uploaded or the review written; for example, accommodation may have been refurbished or renovated in the meantime. The number of reviews submitted should also be considered, as one individual opinion is often not as meaningful as an overall impression based on a number of reviews.

10.8 The completed guest review (including submitted rating during your stay and/or experience) may be

• uploaded onto the relevant Travel Provider's information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Travel Provider, and
• (wholly or partly) used and placed by TiA at its sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by TiA and our business partners.

10.9 TiA does allow the Travel Provider to respond to a review. We reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar it violates our review policy.

10.10 In addition to reviewing Travel Providers, registered customers also have the option to exchange travel experiences and ideas in the Travel Forum on the TiA platform. The Travel Forum may only be used for comments and exchange of information of a general nature. Specific details about a Travel Reservation or reviews of Travel Providers are not allowed in the Travel Forum. Failure to comply with this can result in comments, messages and any other entries being removed without notice by TiA from the publicly visible areas of the Travel Forum.

10.11 TiA does not compensate or otherwise reward a customer for completing a review. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations, or incentives whatsoever. TiA undertakes to use its best efforts to monitor and remove reviews that include obscenities or the mention of an individual’s name or reference to stolen goods.

10.12 It is prohibited to upload content to TiA’s online portal, either by means of reviews or as entries in the Travel forum

• that is untrue or misleading, in particular by submitting inaccurate and/or unobjective reviews of Travel Providers, persons and staff present at the Travel Provider, leisure facilities and other local conditions/events which might affect decisions made by other guests;
• that is derogatory, insulting, offensive, threatening, pornographic or racist;
• that includes politically sensitive comments
• that mentions full names, or contains personal attacks towards the staff
• that promotes illegal activities (e.g. drugs, prostitution)
• that violates third-party property and/or personal rights or is otherwise illegal;
• that advertises products, services or companies, either overtly or covertly; in particular by submitting reviews for which the customer has been offered payment, or by reviewing accommodation offered by providers for which the customer works or
• that includes links or similar information/references that serve to affect the functioning of third-party computers.

10.13 If the customer violates these conditions regarding the uploading of content, TiA is entitled to amend or fully delete content without notifying the customer and without specifying any reasons. TiA is also entitled to permanently ban customers, who repeatedly fail to adhere to the rules as mentioned above, without notifying the customer and without specifying any reasons, from accessing the Travel Forum and the parts of the TiA platform, which are reserved for registered customers. In the case of illegal behaviour by a customer, TiA also reserves the right to report such a customer to the relevant authorities.

 

11. Disclaimer

11.1 Claims for damages are excluded. This does not apply

• to damage claims resulting from injury to life, body or health,
• in the event of the giving of a guarantee or agreement as to characteristics, or
• damage claims for breach of essential contractual obligations (cardinal obligations) and
• claims for other damages for deliberate or grossly negligent breach of duty by TiA, its legal representatives or vicarious agents.

11.2 Essential contractual obligations are those the fulfilment of which is necessary to achieve the objective of the contract. In the event of breach of essential contractual obligations TiA shall be liable only for the compensation of the foreseeable, typically occurring damage caused due to ordinary negligence, unless it concerns damage claims resulting from injury to life, body or health.

11.3 The above limitations of liability shall also apply to the legal representatives and vicarious agents of TiA if claims are asserted directly against them.

11.4 TiA is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Trip and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Travel Provider is solely responsible and assumes all responsibility and liability in respect of the Trip (including any warranties and representations made by the Travel Provider). TiA is not a (re)seller of the Trip.

11.5 TiA does not take ownership of this content, customer reviews and comments in the Travel Forum. Rather, customer reviews and comments in the Travel Forum merely reflect the personal opinion of the authors. TiA has no influence on the form, content and user IDs used for these reviews and comments and therefore assumes no responsibility in this respect.

11.6 Complaints or claims in respect of the Trip (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Travel Provider. TiA is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.

11.7 Travel Providers and/or suppliers are not vicarious agents and we are therefore not liable for any damages caused by or attributable to the Travel Providers and/or suppliers.

11.8 By uploading photos/images onto our system (for instance in addition to a review or as part of a comment in the Travel Forum) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that TiA may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as TiA at its discretion sees fit. You are granting TiA a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as TiA at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to TiA publishing and using these photos/images. TiA does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of TiA. TiA disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by TiA at any time and without prior notice.

11.9 TiA is entitled, with immediate effect, to deny or limit access to our Platform, our (customer) service and/or your TiA account, and/or to cancel a confirmed reservation, and/or prevent a reservation from being made by you in the event of any alleged or reasonably suspected

• form of fraud or abuse,
• non-compliance with applicable laws and/or regulations,
• non-compliance with TiA values and guidelines,
• inappropriate or unlawful behaviour, which includes but is not limited to the following: violence, threat, harassment, discrimination, hate speech, endangerment, invasion of privacy, human trafficking, exploitation of children, and obscenity in relation to TiA (or its employees and agents), the Travel Provider (or its employees and agents), and/or third parties, or
• other circumstances that – at TiA's sole discretion – reasonably justify TiA taking any of the aforementioned measures.

 

12. Intellectual property rights

12.1 Unless stated otherwise, the software required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on our Platform are owned by TiA, its Travel Providers or providers.

12.2 TiA exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews, comments in the Travel Forum and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission.

12.3 To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews and comments/entries in the Travel Forum) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to TiA. Any unlawful use or any of the aforementioned actions or behaviour will constitute a material infringement of our intellectual property rights (including copyright and database right).

12.4 Links on this website to the websites of other companies (third-party providers) are solely provided in the customer’s interest. If the customer clicks on such a link, he/she will leave TiA’s website. TiA has no control over the content of third-party providers’ websites. TiA therefore can not assume any warranty for the accuracy, completeness or security of this third-party content.

 

13. Applicable law, jurisdiction, and dispute resolution

13.1 For non-consumers (commercial end users and visitors of our website) and to the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with Namibian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Windhoek, Namibia.

13.2 The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Platform (by selecting the English language) or shall be sent to you upon your written request.

13.2 If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.

 

14. Amendments to Terms and Conditions

14.1 We may amend the Terms and Conditions at any time by posting the amended Terms and Conditions on this site. It is your responsibility to review these Terms and Conditions periodically.

14.2 Your continued use of the Platform following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

14.3 By continuing to access or use the TiA’s Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new Terms and Conditions, you are no longer authorized to use TiA’s Platform.

 

15. Acknowledgement

15.1 By using the TiA Platform and other services provided by us, you acknowledge that you have read these Terms and Conditions and agree to be bound by them.