Terms And Conditions
The Website, online system and services include an online platform through which Representatives may create registers for rooms and customers may research and book rooms directly with the Representatives. You comprehend and agree that Travister is not a party to any agreements entered into between Representatives and customers, nor is Travister a hotel broker, agent or any such. Travister has no control over the Representatives, customers and other users of the Website, online system and services or any information regarding the registered rooms and disclaims all liability in this regard.
You acknowledge and agree that, by accessing or using the Website, online system or services or by downloading or posting any content from or on the Website, via the online system or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the Website and online system. If you do not agree to these terms, then you have no right to access or use the Website, online system, services, or Aggregated Data. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Travister reserves the right, at its sole discretion, to modify the Website, Online System or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Website or via the Online System or otherwise provide you with notice of the modification.
The Website, Online System and Services are intended solely for persons who are 18 or older. Any access to or use of the Website, Online System or Services by anyone under 18 is expressly prohibited. By accessing or using the Website, Online System or Services you represent and warrant that you are 18 or older.
How the Website, Online System and Services Work – Collectively known as “Travister Platform”
The Travister Platform can be used to facilitate the register and booking of rooms in hotels, apartments, cruises, yachts and the like, collectively known as (“Rooms”). Such Rooms are included in Registers on the Travister Platform by Representatives. You may view Registers as a visitor to the Travister Platform; however, if you wish to book a room or create a Register, you must first register to create a Travister Account. Travister facilitates an online platform with necessary technology for Customers and Representatives to meet online and organize for bookings of rooms directly with each other. Travister is not an owner, operator or a representative of rooms or hotels, including, but not limited to hotel rooms, motels, other lodgings nor is it a provider of such. Travister does not own, sell, resell, furnish, provide, reserve, manage and/or control these rooms or hotels or transportation or travel services. Unless explicitly specified otherwise in the Travister online system, Travister’s responsibilities are limited to: (i) facilitating the availability of the Travister Platform and (ii) serving as a collection agent of each Representative for the purpose of accepting payments from Customers on behalf of the Representative.
Please note that, as stated above, the Travister Platform are intended to be used to facilitate Representatives and customers connecting and booking rooms directly with each other. Travister cannot and does not control the content contained in any registers and the condition, legality or suitability of any rooms. Travister is not responsible for and disclaims any and all liability related to any and all registers and rooms. Accordingly, any bookings will be made or accepted at the member’s own risk.
In order to access certain features of the Website and Online System, and to book a room or create a register for a room, you must register and create an account (“Travister Account”) and become a Member. You may register to join the Services directly via the Website or Online System or as described in this section.
You can also register to join by logging into your account with certain third-party social networking Websites (“SNS”) such as Facebook, google+ or LinkedIn; each such account, a “Third-Party Account”), via our Website or Online System, as described below. As part of the functionality of the Travister Platform, you may link your Travister Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Travister through Travister Platform; or (ii) allowing Travister to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You agree that by signing into the Travister Platform through such third party credentials, all relevant information for Travister Platform will be accessed and displayed in your profile. You will have full control to disconnect the accounts if you want to.
Your Travister Account and your Travister Account profile page will be created for your use of the Website and Online System based upon the personal information you provide to us or that we obtain via an SNS as described above. You are not allowed to have more than one (1) Travister Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Travister reserves the right to suspend or terminate your Travister Account and your access to the Travister Platform if you create more than one (1) Travister Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Travister Account, whether or not you have authorized such activities or actions. You will immediately notify by email to info@Travister.com , of any unauthorized use of your Travister Account.
As a Member, you may create Registers. To create a register, you provide detailed information about the rooms to be registered, including, but not limited to, the location, capacity, size, features, and availability of the Rooms and pricing and related rules and financial terms. In order to be featured in Registers via the Travister Platform, all Rooms must have valid physical addresses along with the name and address of the Hotels. Registers will be made publicly available via the Travister Platform. Other Members will be able to book your rooms via the Travister Platform depending on the information in your register. You agree that once a Customer requests a booking of your rooms, you may not request the Customer to pay a different price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Registers and Member Content you post. Travister has the full authority to close any registers which are in violation of these Terms or otherwise deemed harmful to the Travister Platform without any justification or notice. If a Customer requests a booking of your Rooms and stays at your Rooms, any agreement you enter into with such Customer is between you and the Customer and Travister is not a party to it. You acknowledge and agree that, as a Representative, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of hoteliers’ staff who are at or are otherwise present at the hotels or rooms.
Travister does not endorse any Member or any Rooms. Any references in the Travister Platform to a Member being “verified or meant in a similar fashion, it only indicate that the Member has completed a relevant verification process, and does not represent anything else. We therefore propose that you always exercise due caution when making a booking with a Representative or to accept a booking request from a Customer, or to have any other interaction with any other Member. By using the Travister Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Travister with respect to such actions or omissions.
Bookings and Financial Terms
Bookings and Financial Terms for Representatives and Customers
If you are a Representative and a booking is requested for your Rooms via the Travister Platform, you will have the option to either confirm or reject the booking request within the Booking Request Period, or else the booking request will automatically expire. When a booking is requested Travister Platform, we will share with you (i) the first and last name of the Customer who has requested the booking, (ii) a link to the Customer’s Travister Account profile page, (iii) an indication of whether or not the Customer has provided other information to Travister, such as a verified email address, connection to SNSs, etc. When you confirm a booking requested by a Customer, Travister will send you an email or message based on the selections you make via the Travister Platform.
Travister Payments will collect the Total Fees at the time of booking confirmation (i.e. when the Representative confirms the booking request) and will initiate payment of the Room Fees (less Travister’s Representative Fees and any Taxes in respect of the Representative Fees, such as VAT in Australia) to the Representative within a week as follows (i) For Agents who provides the “authorization to sell the hotel room” letter and for hoteliers, payments will be made according to the booking conditions of the hotel or the actual room owner and (ii) all other representatives 20% in first week and 80% upon arrival of the guest to the room or (iii) based on a pre-arranged terms on case by case basis. Standard banking charges and transfer timings will apply.
Appointment of Travister Payments as Limited Payment Collection Agent for Representative
Each Representative hereby appoints Travister Payments as the Representative’s limited payment collection agent solely for the purpose of accepting the Room Fees from Customers. Each Representative agrees that payment made by a Customer through Travister Payments, shall be considered the same as a payment made directly to the Representative, and the Representative will make the Rooms available to the Customer in the agreed-upon manner as if the Representative has received the Room Fees. Each Representative agrees that Travister may, in accordance with the cancellation policy published in the Online System and on Travister.com by the Representative and reflected in the relevant Register, (i) permit the Customer to cancel the booking and (ii) refund (via Travister Payments) to the Customer that portion of the Room Fees specified in the applicable cancellation policy. Each Representative understands that as 1Travister accepts payments from Customers as the Representative’s limited payment collection agent and that Travister’s obligation to pay the Representative is subject to and conditional upon successful receipt of the associated payments from Customers. Travister does not guarantee payments to Representatives for amounts that have not been successfully received by Travister from Customers. In accepting appointment as the limited authorized agent of the Representative, Travister assumes no liability for any acts or omissions of the Representative.
Please note that Travister does not currently charge fees for the creation of Registers. However, you as a Representative acknowledge and agree that Travister reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Registers. Please note that Travister will provide notice of any Register fee collection via the Travister Platform, prior to implementing such a Register fee feature.
Bookings and Financial Terms for Customers
The Representatives, not Travister, are solely responsible for honoring any confirmed bookings and making available any Rooms reserved through the Travister Platform. If you, as a Customer, choose to enter into a transaction with a Representative for the booking of a rooms, you agree and understand that you will be required to enter into an agreement with the Representative and you agree to accept any terms, conditions, rules and restrictions associated with such Rooms imposed by the Representative. You acknowledge and agree that you, and not Travister, will be responsible for performing the obligations of any such agreements, that Travister is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Travister disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Travister is not a party to the agreement between you and the Representative, Travister Payments acts as the Representative’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Representative. Upon your payment of the Total Fees to Travister Payments, your payment obligation to the Representative for the Room Fees is extinguished, and Travister Payments is responsible for remitting the Room Fees (less the Representative Fees and any Taxes in respect of the Representative Fees, such as VAT in Australia), in the manner described in these Terms. In the event that Travister Payments does not remit any such amounts as described in these Terms, such Representative will have recourse only against such Travister entity.
The Total Fees payable will be displayed to a Customer before the Customer sends a booking request to a Representative. As noted above, the Representative is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Representative), any amounts collected by Travister Payments will be refunded to such Customer, depending on the selections the Customer makes via the Website and Online System, and any pre-authorization of such Customer’s credit card will be released, if applicable.
You as a Customer agree to pay Travister for the Total Fees for any booking requested in connection with your Travister Account if such requested bookings are confirmed by the applicable Representative. In order to establish a booking pending the applicable Representative’s confirmation of your requested booking, you understand and agree that Travister Payments, on behalf of the Representative, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting (e.g. one euro or one British pound), to verify your credit card. As a general rule, Travister Payments will collect the Total Fees due once Travister receives confirmation of your booking from the applicable Representative; if necessary, Total Fees may instead be collected at a later point. Please note that Travister cannot control any fees that may be charged to a Customer by his or her bank related to Travister’s collection of the Total Fees, and Travister disclaims all liability in this regard.
In consideration for the use of Travister’s online marketplace and platform, Travister charges the Service Fees. Where applicable, Taxes (such as VAT in Australia) may also be charged in respect of the Representative Fees and Customer Fees. Travister Payments deducts the Representative Fees from the Room Fees before remitting the balance to the Representative as described in these Terms. Customer Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Travister Payments to Representatives via check, PayPal, direct deposit or other payment methods, as described on the Website or via the Online System, in the Representative’s currency of choice, depending upon the selections the Representative makes via the Travister Platform. Amounts may be rounded up or down as described the “Rounding Off” section below. Please note that Travister Payments, will impose or deduct foreign currency processing costs on or from any payments or payouts by Travister. Except as otherwise provided herein, Service Fees are non-refundable.
General Booking and Financial Terms
Cancellations and Refunds
If, as a Customer, you cancel your requested booking before the requested booking is confirmed by a Representative, Travister Payments will not 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 as we in usual circumstances will not charge unless reservation is confirmed. If, as a Customer, you wish to cancel a confirmed booking made via the Travister Platform, either prior to or after arriving at the Rooms, the cancellation policy of the Representative contained in the applicable Register will apply to such cancellation. Our ability to refund the Room Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. The Customer Fee is non-refundable.
If a Representative cancels a confirmed booking made via Travister Platform (i) Representative must refund the Total Fees for such booking to the applicable Customer within a commercially reasonable time of the cancellation and (ii) the Customer should be informed by an email or other communication from the representative regarding the cancellation and refund. Travister will, in its capacity, to push the representative to make the refund and propose alternative rooms or registers. If, as a Representative, you cancel a confirmed booking, you agree that Travister may apply penalties or consequences to you or your Register, including (i) publishing an automated review on your Register indicating that a reservation was cancelled, (ii) keeping the calendar for your Register unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your Travister Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel. In certain circumstances, Travister may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Travister Platform. This may be for reasons set forth in Travister’s Extenuating Circumstances policy or for any other reason. Travister Payments may also determine, in its sole discretion, to refund to the Customer part or all of the amounts charged to the Customer in accordance with the Customer Refund Policy. You agree that Travister and the relevant Customer or Representative will not have any liability for such cancellations or refunds.
If, as a Representative, your Customer cancels a confirmed booking or Travister decides that it is necessary to cancel a confirmed booking, and Travister or the Representative issues a refund to the Customer in accordance with the Customer Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid Travister shall be entitled to recover the amount of any such Customer refund from you, including by subtracting such refund amount out from any future Rooms Fees due to you.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Tax regulations may require us to collect appropriate tax information from our Representatives, or to withhold taxes from payouts to Representatives, or both. Representative and you fail to provide us with a completed tax information we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
Travister’s online platform facilitates bookings between Customers and Representatives who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Travister platform allows users to view the price of Registers in a number of currencies, the currencies available for users to make and receive payments may be limited and may not include the default currency in any given geographic location. Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time
Foreign currency conversions on the Travister platform
Travister Payments will process a foreign currency conversion in the following situations: The Display Currency is different from the Register Currency when a user views a Register: Travister will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Register Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Booking Currency, and it is different from the Register Currency. Otherwise, the Base Exchange Rate will be applied. Currency conversion will be based on an Exchange rates supplied by our affiliates for this purpose and for all payments to be paid or received will be carried out in the standard currency conversion principles adopted by a currency conversion agent.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Travister Platform and Aggregated Data. In connection with your use of the Travister Platform and Aggregated Data, you may not and you agree that you will not:
- violate any law or regulation, or any order of a court, including, without impediment, zoning limitations and Tax regulations;
- use manual or robotized programming, gadgets, Online Systems, robots, secondary passages, backdoors or different means or procedures to get into any website pages contained in the Travister Platform or Aggregated Data;
- use the Travister Platform or Aggregated Data for any business or different purposes that are not explicitly allowed by these Terms;
- copy, store or generally get to or utilize any data contained on the Travister Platform or Aggregated Data for purposes not explicitly allowed by these Terms;
- infringe the privileges of any individual or entity, including without constraint, their licensed innovation, security, reputation or contractual rights;
- interfere with or harm our Website, Online System or Services.
- use Travister Platform to transmit, convey, post or present any data concerning an individual or entity, including without restriction, photos of others without their consent, individual contact data or credit, charge, calling card or record numbers;
- use our Travister Platform or Aggregated Data regarding the appropriation of spontaneous business email (“spam”) or promotions random to cabin in a private home;
- “stalk” or disturb whatever other client of our Travister Platform or Aggregated Data, or gather or store any by and by identifiable data about some other client other than for purposes of executing as an Travister Customer or Representative;
- offer, as a Representative, any Rooms that you don’t yourself own or have authorization to offer by the owning hotel or relevant property.
- offer, as a Representative, any Rooms that may not be compliant with the terms and conditions of a concurrence with a third entity
- register for more than one Travister Account or register for an Travister Account for an individual other than yourself;
- contact a Customer for any reason other than posing a question identified with a booking or such Customer’s utilization of the Travister Platform;
- recruit or generally request any Representative or other Member to join other administrations or Websites that are competitive to Travister, without Travister (Travister.com’s) former composed endorsement;
- impersonate any individual or entity, or distort or generally distort yourself or your association with any individual or element;
- use robotized Online Systems to gather data from or generally collaborate with the Travister Platform or Aggregated Data;
- use the Travister Platform or Aggregated Data to locate a Representative or Customer and make deal for booking of a room outside of the Travister Platform, with a specific end goal to dodge the commitment to pay any Service Fees identified with Travister (Travister.com’s) procurement of the Services or for whatever other reasons;
- as a Representative, present any Register with false or deceiving value data, or present any Register with a value that you don’t mean to respect;
- post, transfer, distribute, submit or transmit any Content that: (i) encroaches, misuses or disregards an outsider’s patent, copyright, trademark, prized formula, good rights or other protected innovation rights, or privileges of reputation or security; (ii) damages, or supports any behavior that would abuse, any material law or regulation or would offer ascent to common obligation; (iii) is fake, false, deceptive or tricky; (iv) is defamatory, profane, explicit, obscene or hostile; (v) advances segregation, dogmatism, prejudice, scorn, badgering or mischief against any individual or gathering; (vi) is vicious or debilitating or advances savagery or activities that are undermining to some other individual; or (vii) advances unlawful or hurtful exercises;
- systematically recover information or other data from the Travister Platform to make or incorporate, in single or different downloads, an accumulation, assemblage, database, index or the like, whether by manual strategies, through the utilization of bots, crawlers, spiders or bugs, or anything else use to grab information without consent;
- use, show, reflect or outline the Travister Platform or Aggregated Data, or any individual component inside of the Travister Platform or Aggregated Data, Travister (Travister.com’s) name, any Travister trademark, logo or other restrictive data, or the format and configuration of any page or structure contained on a page in the Website, Online System or Services, without Travister (Travister.com’s) express composed assent;
- access, mess around with, or utilize non-open ranges of the Website, Online System or Services, Travister (Travister.com’s) PC frameworks, or the specialized conveyance frameworks of Travister (Travister.com’s) suppliers;
- attempt to test, sweep, or test the helplessness of any Travister framework or system or rupture any security or confirmation measures;
- avoid, detour, evacuate, deactivate, disable, descramble, or generally bypass any mechanical measure actualized by Travister or any of Travister (Travister.com’s) suppliers or some other outsider (counting another client) to secure the Website, Services, Online System or Aggregated Data;
- forge any TCP/IP parcel header or any piece of the header data in any email or newsgroup posting, or in any capacity utilize the Website, Services, Online System or Aggregated Data to send changed, beguiling or false source-recognizing data;
- attempt to disentangle, decompile, dismantle, reverse engineer or figure out any of the product used in the Travister Platform or Aggregated Data; or
- advocate, support, or help any outsider in doing any of the prior.
- accept or make an installment for Room Fees outside Travister. On the off chance that you do as such, you recognize and concur that you: (i) would be in breach of these Terms; (ii) acknowledge all dangers and obligation regarding such installment, and (iii) hold Travister harmless from any liability for such payment. Travister has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Travister may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary. You acknowledge that Travister has no obligation to monitor your access to or use of the Travister Platform or Aggregated Data or to review or edit any Member Content. Travister reserves the right, at any time and without prior notice, to remove or disable access to any Aggregated Data that Travister, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Travister Platform.
The Travister Platform, and Aggregated Data are protected by copyright, trademark, and other laws of Australia and foreign countries. You acknowledge and agree that the Travister Platform and Aggregated Data, including all associated intellectual property rights, are the exclusive property of Travister and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Travister Platform, or Aggregated Data. All information is exclusive to Travister and any member or a user has no right to use any of the Travister Platform’s content and the aggregated data, even modified, for any other purpose and if done so, would subjected to legal proceedings. However, we don’t own any third party websites that might have been linked by the Travister Platform and we don’t guarantee or assure any content nor its uptime and hence we will not liable for any such linked sites.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Travister used herein are trademarks or registered trademarks of Travister. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Travister respects copyright law and expects its users to do the same. It is Travister’s policy to terminate in appropriate circumstances the Travister Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Travister’s Copyright Policy for further information.
Suspension, Termination and Travister Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Travister Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Travister Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Travister Platform, your Travister Account, your Member Content, or receive assistance from Travister Customer Service, (b) any pending or accepted future bookings as either Representative or Customer will be immediately terminated, (c) we may communicate to your Customers or Representatives that a potential or confirmed booking has been cancelled, (d) we may refund your Customers in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Customers to inform them about potential alternate Rooms with other Representatives that may be available on the Travister Platform, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Travister Account. You may cancel your Travister Account at any time via the “Cancel Account” feature of the Services or by sending us an email. Please note that if your Travister Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Travister Platform, including, but not limited to, any reviews or Feedback.
If you choose to use the Travister Platform or aggregated, you do so at your sole risk. You acknowledge and agree that Travister does not have an obligation to conduct background checks on any member. Travister makes no warranty that the Travister Platform, aggregated data, including, but not limited to, the registers or any rooms will be error-free. Travister makes no warranty regarding timeliness, truthfulness, completeness or reliability of any registers, rooms, representatives or customers. No advice or information, whether oral or written, obtained from Travister or through the Travister Platform or aggregated data, will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the Travister Platform and with other persons with whom you communicate or interact as a result of your use of the Travister Platform. You understand that Travister does not make any attempt to verify the statements of users of Travister Platform or to review or visit any rooms. Travister makes no representations or warranties as to the conduct of users of Travister Platform. Notwithstanding Travister’s appointment as the limited payment collection agent of the representatives for the purpose of accepting payments from customers on behalf of the representatives, Travister explicitly disclaims all liability for any act or omission of any customer or other third party.
Limitation of liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Travister Platform and aggregated data, your register or booking of any rooms via the Travister Platform and any contact you have with other users of Travister whether in person or online remains with you. Neither Travister nor any other party involved in creating, producing, or delivering the Travister Platform, aggregated data will be liable for any kind of loss of its users or members in anyway.
You agree to release, defend, indemnify, and hold Travister and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees under any circumstance.
If you stay with or is a Representative, anyone who you feel is acting or has acted inappropriately, you should immediately report such person to the appropriate authorities and then to Travister by contacting us with your police station and report number; 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.
These Terms constitute the entire and exclusive understanding and agreement between Travister and you regarding the Travister Platform, Aggregated Data, and any bookings or Registers of Rooms made via the Travister Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Travister and you regarding bookings or registers of Rooms, the Travister Platform, and Aggregated Data.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of Australia, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in Australia.
“Travister Content” means all Content that Travister avails through the Website, Online System, or Services.
“Booking Request Period” means the time period starting from the time when a booking is requested by a Customer (as determined by Travister in its sole discretion), within which a Representative may decide whether to confirm or reject that booking request, as stated on the Website, Online System or Services.
“Aggregated Data” means Member Content and Travister Content.
“Content” means text, graphics, images, music, software (excluding the Online System), audio, video, information or other materials.
“Customer” means a Member who requests from a Representative a booking of a rooms via the Website, Online System or Services, or a Member who stays at a rooms and is not the Representative for such Rooms.
“Representative” means a Member who creates a Register via the Travister Platform.
“Register” means a Room that is registered by a Representative as available for reservation via the Website, Online System, and Services.
“Member” means a person who completes Travister’s account registration process, including but not limited to Representatives and Customers, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Register or Member profile to be made available through the Website, Online System or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, Rooms or lodging taxes, fees (such as convention center fees) that Rooms providers may be required by law to collect and remit.
“Room Fees” means the amounts that are due and payable by a Customer in exchange for that Customer’s stay in a room. The Representative alone, and not Travister, is responsible for the Room Fees for their Register.
“Customer Fees” means the fee that Travister charges a Customer for the use of the Services, which is calculated as a percentage of the applicable room Fees. The Customer Fees will be displayed to the Customer when the Customer is asked whether to send a booking request to a Representative.
“Representative Fees” means the fee that Travister charges a Representative for the use of the Services, which is calculated as a percentage of the applicable room Fees. The Representative Fees will be displayed to the Representative when the Representative is asked whether to confirm or reject a booking request from a prospective Customer.
“Service Fees” means collectively the Customer Fees and the Representative Fees.
“Total Fees” means collectively the Room Fees and the Customer Fees plus any Taxes.
“Display Currency” means the currency in which users view Register prices on the Travister platform. Customers may choose and change the Display Currency in order to view the pricing for a Register in a number of different supported currencies.
“Booking Currency” means the currency in which a Customer has to pay for his or her booking. At the time the Customer submits a booking request, the Travister platform will select the Booking Currency, based on the Customer’s country of origin and the payment methods available for that country. Travister supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Register Currency.
“Register Currency” means the currency in which a Register’s price is set. The Register Currency is set by the Representative.
“Payout Currency” means the currency in which a Representative’s payout will be paid to the Representative. The Payout Currency is set by the Representative.
“Base Exchange Rate” means a system-wide rate used by Travister for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by Travister. Travister establishes the Base Exchange Rate using data from one or more third parties such as OANDA http://www.oanda.com.
“Adjusted Exchange Rate” means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by Travister for its holding costs and foreign currency risks.