General Terms and Conditions of OunTravela

Last updated: March, 04, 2020

 

We apologize for the unpleasant legal jargon below, but not all our users are as nice as you are, and we felt the need for strict measures to protect ourselves.

Key points

  • OunTravela is not a travel agency and does not provide or own transportation, accommodation, tours, excursions or other travel experiences.
  • Although every effort has been made to ensure the accuracy and precision of the information contained in our books, OunTravela cannot be held responsible for what may happen to you on the road (accident, fall, rock fall, etc.). The fact that an itinerary is mentioned in our books does not necessarily mean that it is always practicable.
  • If you book a reservation for a travel experience on the Website, you agree to review and be bound by the Provider’s terms and conditions and any other rules or policies relating to the Provider’s travel experience. Your interactions with third party providers are at your own risk. OunTravela shall have no liability for the acts, omissions, errors, representations, warranties, defaults or negligence of any Third Party Provider or for any personal injury, death, property damage or other damages or expenses resulting from your interactions with Third Party Providers.
  • Ountravela makes every effort to ensure the accuracy and reliability of the information provided on this site and in its books. However, the information is provided “as is” without warranty of any kind. OunTravela accepts no responsibility for the accuracy, content, completeness, legality or reliability of the information contained on this site and its books.

OunTravela Website

To sum up, OunTravela is just an intermediary, looking for the best operator for your trip to Central Asia. If, despite our best efforts, something goes wrong with your trip, you should talk to the tour operator and not to us. We are very grateful for your comments and feedback on your experiences.

 

OunTravela Books

Use common sense, only you know your limits in the weather conditions you will encounter, with your equipment and your off-road driving experience. Our books are tools, we will update them as often as possible with new editions. For any remarks and observations on road conditions, please do not hesitate to write to us at this address: .

OunTravela website terms, conditions and notices

Ountravela offers an online service that allows users to search, find and book travel experiences around the world. OunTravela offers a variety of tours, tickets, services (“Products”) made available by OunTravela’s third party providers through Ountravela’s websites and associated mobile properties and applications (collectively, this “Website” refers to ountravela.com). This Website is provided to assist customers in gathering travel information, posting opinions on tours, participating in interactive travel forums, searching for and booking products, and for no other purpose.

The terms “we”, “us”, “our” and “OunTravela” refer to OunTravela, a company registered in France under the registration number 851 248 765 R.C.S Pau. The term “you” refers to the customer who visits the website and/or contributes to the content of this website.

This website and the products made available to you on this website are offered to you on the condition that you accept without modification any/all of the terms, conditions and notices set forth below (collectively, the “Agreement”). By accessing or using this website in any way, you agree to be bound by this Agreement and acknowledge that you have read and understand its terms and conditions. Please read the Agreement carefully, as it contains information about your legal rights and limitations on those rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not agree to all of these terms and conditions, please do not use this website or purchase a product. In all booking arrangements, the person making the booking is deemed to have accepted this agreement on behalf of the persons named in the booking.

We may change or modify the Agreement in the future, and you understand and agree that your continued access or use of this website after any such change signifies your acceptance of the updated or modified Agreement. We will note the date on which the last revisions were made to the Agreement at the top of this page, and any revisions will be effective immediately upon posting.

By making a reservation for a Product on the Website, you acknowledge that you accept the practices described in this Agreement. In addition, you warrant that you are 18 years of age or older, that you have the legal authority to enter into this Agreement, to use this Web Site, to reserve the Product, and that all information you provide is true and accurate. You further agree that you will use the reservation functionality of this Website to make only legitimate reservations for you or others for whom you are legally authorized to act. False or fraudulent bookings are prohibited.

OunTravela is not a travel agency and does not provide or own transportation, accommodation, tours, excursions or other travel experiences. While OunTravela displays information about travel experiences offered by third party providers and facilitates bookings with such providers, such actions do not imply, suggest or constitute sponsorship or endorsement by Ountravela of third party providers, nor any affiliation between Ountravela and third party providers. Although Ountravela users may evaluate and review particular travel experiences based on their own experiences, Ountravela does not endorse or recommend the products or services of any third party supplier. You acknowledge that OunTravela is not responsible for the accuracy or completeness of the information it obtains from third party providers and posts on its website.

If you book a reservation for a travel experience on the Website, you agree to review and be bound by the Provider’s terms and conditions and any other rules or policies relating to the Provider’s travel experience. Your interactions with third party providers are at your own risk. OunTravela shall have no liability for the acts, omissions, errors, representations, warranties, defaults or negligence of any Third Party Provider or for any personal injury, death, property damage or other damages or expenses resulting from your interactions with Third Party Providers.

This Website may link you to Provider sites or other websites that OunTravela does not operate or control. For more information, please refer to the “Links to Third Party Sites” section below.

 

Content

You and other users of our Website may contribute to the Website in a variety of ways, including by submitting e-mails, writing reviews, posting messages, uploading and posting photos or videos, making comments or suggestions, submitting ideas, filling out public profiles, evaluating other users’ contributions and making other similar contributions or submitting them to the Website or to OunTravela (collectively, “Content”). We may use your Content in a variety of ways, including posting it on the Website, reformatting it, translating it into other languages, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works, promoting it, distributing it, and allowing others to do the same with their own sites, mobile properties, applications and media platforms.

 

Accordingly, please note that by submitting Content, you grant OunTravela and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, perpetual, transferable, irrevocable and sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display such Content throughout the world in any medium now known or hereafter devised, and (b) use the name you provide in connection with such Content. You acknowledge that OunTravela may choose to attribute your comments or reviews at our discretion. You acknowledge and agree that the Content is non-confidential and non-proprietary. If it is determined that you retain any moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require any personally identifying information to be used in connection with the Content, or any derivative works or updates or updates thereof ; (b) you do not object to any publication, use, modification, deletion or exploitation of the Content by OunTravela or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any moral rights of any author in the Content; and (d) you forever release OunTravela and its licensees, successors and assigns from any claim you may assert against OunTravela under any moral rights.

This Website may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post comments on travel experiences or other content, messages, materials or other items on this Website (“Interactive Areas”). If OunTravvela provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using Interactive Areas, you expressly agree not to post, upload, transmit, distribute, store, create or publish through this website any of the following:

 

Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, obscene, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable ;
Content that would constitute, encourage or direct a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, regulations of the United States Securities and Exchange Commission (SEC) or any rules of a securities exchange such as the New York Stock Exchange (NYSE), the American Stock Exchange or the NASDAQ ;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including OunTravela;
Unsolicited promotions, political campaigns, advertisements, contests, sweepstakes or solicitations;
Personal information of any third party, including, but not limited to, last name addresses, telephone numbers, email addresses, social security numbers and credit card numbers ;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the subject matter of the interactive area(s) in which such Content is posted; or
Content or links to content that, in the sole opinion of OunTravela, (a) violates the foregoing paragraphs, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or this Website, or (d) may expose Ountravela or its affiliates or users to any harm or liability of any kind.
You are solely responsible for your Content. You assume all risks associated with your Content, including any reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary authorization to use, and that you authorize the use of your Content as described herein. You may not imply that your Content is sponsored or endorsed in any way by Ountravela.

 

OunTravela assumes no responsibility or liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is OunTravela liable for any mistakes, defamation, libel, slander, slander, omission, falsehood, obscenity, pornography or profanity you may encounter. As an interactive service provider, OunTravela is not responsible for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Zone.

While OunTravela has no obligation to filter, edit or monitor any Content posted or distributed through any Interactive Zone, OunTravela reserves the right, in its sole discretion, to remove, filter, translate or edit without notice any Content posted or recorded on this Site at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies and replacing any Content you post or record on this Site at your sole cost and expense. OunTravela has no obligation to maintain or provide you with copies of your Content, and we do not guarantee any confidentiality with respect to your Content.

Any use of the Interactive Areas or other parts of this Website in violation of the foregoing violates the terms of this Agreement and may result in, among other things, the termination or suspension of your rights to use the Interactive Areas or this Website.

OunTravela has made every effort to ensure the accuracy and reliability of the information provided on this site. However, the information is provided “as is” without warranty of any kind. OunTravela assumes no responsibility for the accuracy, content, completeness, legality or reliability of the information contained on this site.

No warranty, promise and/or representation of any kind, express or implied, is made as to the nature, standard, accuracy or otherwise of the information provided on this website, nor as to the suitability or otherwise of such information for your particular circumstances.

No warranty, promise and/or representation of any kind, express or implied, is made as to the nature, standard, accuracy or otherwise of the information provided on this website, nor as to the suitability or otherwise of such information for your particular circumstances.

We cannot and do not guarantee or warrant that this website is free of computer viruses or other items with destructive properties.

We are not liable for any loss or damage of any kind (whether direct, indirect, consequential or otherwise), whether in contract, tort or otherwise, which may result from your use (or inability to use) this website, or your use (or non-use) of the information contained on this website. This website provides links to other third party websites. The content of these third party sites is not under our control, and we cannot and will not take responsibility for the information or content of such sites. Links to such third party sites should not be construed as an endorsement by OunTravela of the third party site, or of any product promoted, offered or sold on the third party site, or that such sites are free of computer viruses or other items with destructive properties. We cannot and do not take responsibility for the collection or use of personal data from a Third Party Site. In addition, we accept no responsibility for the accuracy of third party advertisements.

 

Changing or amending your booking

All requests for changes and amendments to your booking should be addressed to, discussed and agreed with the tour operator with whom you booked your travel experience.

 

Occasionally, our suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements and other product features and/or conditions. Accordingly, OunTravela reserves the right to cancel, modify or replace any service, tour, ticket or product you have booked on this website at any time, for any reason. In such cases, if you are not satisfied with the alternatives offered, you are entitled to a full refund of the original purchase price. Notwithstanding the foregoing, when we are notified in advance by our agents, service providers and/or suppliers of a material change to a reservation and/or tour, product or event, we will make all reasonable efforts to notify the consumer, travel agent and/or distributor, as the case may be, in order to modify or reissue the reservation where possible.

 

Private Tourist Guides

OunTravela provides guests with information on private tour guides. Private tour guides are independent contractors and not agents or affiliates of OunTravela. OunTravela does not conduct background checks on private tour guides. You use the services of private tour guides at your own risk.

Clients are responsible for working directly with the private tour guides on the schedule, time and location of the meeting, details of the tour and payment arrangements. OunTravela makes no representations or warranties of any kind regarding private tour guides or their services.

 

Passports, Visas and Insurance

When booking international reservations with third party suppliers through this website, it is your responsibility to ensure that you meet all requirements for entry abroad and that your travel documents, including passports and visas, are in order.

OunTravela accepts no responsibility for travellers who are denied entry on a flight or into a country because the traveller does not have the travel documents required by an airline, authority or country, including countries that the traveller may simply pass through en route to his or her destination.

As visa and health requirements are subject to change without notice, we recommend that you check health and visa requirements with the appropriate consulate prior to departure. It is also your responsibility to check with your physician for current vaccination recommendations before travelling abroad and to ensure that you meet all health requirements and follow all medical instructions for your trip.

We strongly recommend that you purchase comprehensive travel insurance before departure to protect your purchase of the Product. If you cancel your trip or significantly change travel dates, your travel insurance policy may reimburse you for cancellation fees and related expenses. Please read your travel insurance policy carefully for related terms and conditions.

While most trips, including trips to international destinations, go without incident, travel to some destinations may involve more risks than others. OunTravela urges passengers to investigate travel bans, warnings, announcements and advisories issued by their governments and the governments of destination countries before booking travel to international destinations.

 

IN LISTING TRAVEL INFORMATION FOR PARTICULAR INTERNATIONAL DESTINATIONS, OUUNTRAVELA DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO THESE POINTS IS ADVISABLE OR SAFE, AND CANNOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT MAY RESULT FROM TRAVEL TO ANY OF THESE DESTINATIONS.

 

Our Liability

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS OUNTRAVELA’S LIABILITY FOR MATTERS THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS WEB SITE. IF YOU DO NOT UNDERSTAND THE TERMS OF THIS SECTION OR ANY OTHER PART OF THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THIS WEB SITE.

 

THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE MAY CONTAIN INACCURACIES OR ERRORS, INCLUDING AVAILABILITY OF RESERVATIONS AND PRICING ERRORS. OUNTRAVELA DOES NOT WARRANT THE ACCURACY OF ANY LIABILITY FOR ERRORS OR OTHER INACCURACIES CONCERNING THE INFORMATION AND DESCRIPTION OF THE PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PRICES, AVAILABILITY, PHOTOGRAPHS, FEATURES, INCLUSIONS AND EXCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, REVIEWS AND RATINGS, ETC., ARE SUBJECT TO CHANGE WITHOUT NOTICE.). In addition, OunTravela expressly reserves the right to correct any errors in availability and prices on our website and/or on pending reservations made at a lower price than the incorrect price.

OunTravela makes no representations about the suitability of the information, content, software, products and services contained in this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute an endorsement or recommendation of such products or services by OunTravela. ALL SUCH INFORMATION, CONTENT, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. OUNTRAVELA DECLARES ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVICES OR ANY E-MAIL SENT BY OUNTRAVELA, ARE FREE OF VIRUSES OR OTHER HARWARE COMPONENTS. OUNTRAVELA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

THIRD PARTY SUPPLIERS AND PRIVATE TOUR GUIDES OFFERING PRODUCTS OR OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF OUNTRAVELA. OUNTRAVELA IS NOT RESPONSIBLE FOR ANY ACT, ERROR, OMISSION, REPRESENTATION, WARRANTY, BREACH, NEGLIGENCE OR MISCONDUCT OF ANY SUPPLIER OR PRIVATE GUIDE PROVIDER OR PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF YOUR RESERVATION OF A PRODUCT OR SERVICE OR YOUR USE OF A PRODUCT OR SERVICE. OUNTRAVELA has no responsibility and will not make any reimbursement for delays, cancellations, overcharges, strikes, force majeure or other causes beyond their direct control, and has no responsibility for additional expenses, OMISSIONS, delays, returns or the actions of any government or authority.

In no event shall OunTravela be liable for any direct, indirect, punitive, incidental, special, consequential or punitive damages (including loss of data or information or the cost of providing goods or services) arising out of or in any way connected with OunTravela, without limitation of access thereto, ANY RESERVATIONS OF PRODUCTS OR SERVICES MADE BY YOU THROUGH THIS WEBSITE OR YOUR ACCESS, DISPLAY OR USE OF THIS WEBSITE OR YOUR DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON COMMENTS AND OPINIONS CONTAINED ON THIS WEBSITE ; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR ARISING OTHERWISE FROM ACCESS TO, DISPLAY OR USE OF THIS WEBSITE) whether based on a theory of negligence, contract, tort, delict, liability, or otherwise, and even if OunTravela has been advised of the possibility of such damages.

If OunTravela is held liable for any loss or damage arising out of your use of our websites or the reservation or use of products or services offered through our website, in no event shall OunTravela’s liability exceed, in aggregate, the greater of the following amounts : (a) the transaction fees paid to OunTravela for the transaction(s) on this Website giving rise to the claim, or (b) One Hundred U.S. Dollars ($100.00).

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section shall survive and apply even if it is found that a limited remedy specified in these terms has failed to achieve its essential purpose. The limitations of liability in these terms apply for the benefit of OunTravela.

 

Your responsibility

You agree to defend, indemnify and hold harmless OunTravela and all of its respective employees and agents from and against any and all claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, penalties, costs, expenses, expenses and other liabilities of any kind, including without limitation reasonable legal and accounting fees, arising out of or related to :

  • your breach of this Agreement or the documents referred to herein;
  • your violation of any law, rule, regulation or directive;
  • your violation, infringement or misappropriation of the rights of a third party, including, but not
  • limited to, any right of publicity or privacy;
  • your use of this website;
  • your reservation or use of any Product obtained through this Website; or
  • your negligence or willful misconduct.

 

Links to Third Party Websites

This website may contain hyperlinks to websites operated by parties other than OunTravela. These hyperlinks are provided for reference purposes only. We do not control these websites and are not responsible for their content or for the privacy or other practices of such websites. In addition, it is your responsibility to take precautions to ensure that whatever links you select or software you download (whether from this or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the content of such websites or any association with their operators.

OunTravela