1. GENERALITIES OF THE TERMS OF SERVICE
Welcome to JBV Travel and Tours Corporation! (a.k.a. “we” or “us” or “JBV Travel”). We are excited to have you as user and member of the community. The following terms and conditions (collectively, these “Terms of Service“) apply to your use of any service/package provided by our company (the “Service“).
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using JBV Travel, because by using the Service you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either leave the Service (although we’ll be sad to see you go!), or contact us at official email address reachable from our Website. In any case, we’ll be happy to hear your comments and suggestions.
2. CHANGES AND MODIFICATIONS
JBV Travel is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Service and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way, but since “major” is a very subjective concept, you can always monitor and subscribe to changes via our TOS Tracker (yes, we track our own Terms!). Of course, this document is public on JBV Travel, and you will be able to see the changes for any new version (just click on the “See all versions” button on the right). Your continued use of the Service following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. SERVICE & SECURITY
To access certain features of the Service you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using JBV Travel in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security.
We highly recommend to choose a strong password (e.g. “dw34hnd892Gj”) and that you log out from your account at the end of every session.
It is a condition of your use of the Service that all the information you provide on the Service is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet website, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
We use encryption based browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Service or any content provided on the Service is error free. We manage your personal data according to our Privacy Policy.
4. INTELLECTUAL PROPERTY RIGHTS AND USE GUIDELINES.
The Service and its original content, features and functionality (including look!), are owned by JBV Travel and are protected by Philippines and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. JBV Travel is about copying, branching and modifying documents, not Service, design or code. So, you agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Service itself. If you have doubts about whether and how to use of material on the Service, please address your concerns to our email address.
We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time (“Feedback”). The Service may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
5. ACCEPTANCE OF USE.
Subscribing or purchasing or registering at the Service you confirm to have carefully read and understood our Terms of Service, in particular you accept following guidelines of acceptance, Customer will NOT USE the Service to:
- apply defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable actions.
- promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
- violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
- be likely to deceive any person.
- promote any illegal activity, or advocate, promote or assist any unlawful act.
- cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- give the impression that they emanate from us or any other person or entity, if this is not the case.
Additionally, you agree to completely agree and understand following guidelines:
- You are the only responsible entity for the use of our service.
- Any illegal / inappropriate use of our products is exclusive responsibility of the Customer.
- For additional clauses, consult section 7 of current document.
6. LAW AND COPYRIGHT INFRINGEMENTS
We do not undertake to review all material before it is posted on the Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event, we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
If you believe that any User Content violate your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient for us to contact you, such as email, address, telephone number.
- A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notice should be addressed to our official email address reachable through the Service.
7. DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY AND INDEMNIFICATION.
Your use of JBV Travel is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
We are not liable for damages, direct or consequential, resulting from your use of the Service, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the Service. Because the Service is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
If you have any particular medical or psychological conditions, it’s very important you let us know well before departure so that we can make extra arrangements if necessary. Tour leaders have the right to disqualify anyone at any time during the tour if they feel the tour member is mentally or physically incapable of continuing and/or if a tour member’s continued participation jeopardizes the groups’ or his/her own safety. Under these circumstances, refunds are not given. We require emergency medical rescue insurance for all tour participants. JBV Travel and Tours Corporation is not a medical facility and therefore has no responsibility regarding medical advice, medications or inoculations that you or your doctor deem necessary for your safe participation. Hospital facilities for serious problems are often unavailable, and evacuation can be prolonged, difficult and expensive. JBV Travel and Tours Corporation assumes no liability regarding provision of medical care. By signing the Liability Release and Assumption of Risk Agreement, you agree to pay for emergency evacuation and emergency medical care.form. Strenuous tours require a physician’s release on the medical form. We require medical rescue insurance for all tour participants.
In any case, any action made by singular user of our service during a tour is exclusively his responsibility, we are not liable for any damage / injury happened during a tour.
8. GEOGRAPHIC RESTRICTIONS
For now, we provide this Service for use only by persons located in the Philippines. We make no claims that the Service or any of its content is accessible, appropriate or legal outside of the Philippines. If you access the Service from outside the Philippines, you do so on your own initiative and are responsible for compliance with local laws.
9. GOVERNING LAW AND JURISDICTION
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the Philippines without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Service shall be instituted exclusively in the courts of the Philippines.
10. WAIVER AND SEVERABILITY
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and JBV Travel and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
11. REFUNDS, CANCELLATIONS.
IF YOU DECIDE TO CANCEL YOUR TOUR, THE FOLLOWING FEES APPLY AT THE TIME (PRIOR TO DEPARTURE) WE RECEIVE THE WRITTEN NOTICE OF YOUR CANCELLATION. SOME TOURS MAY HAVE A SPECIAL CANCELLATION OR TRANSFER FEE; IF SO, THEY WILL BE LISTED IN THE TOUR DESCRIPTION.
– 95 days before the day of the tour 25% of tour Cost
– 95 to 65 days before the day of the tour 50% of tour Cost
– 65-0 days before the day of the tour 100% of tour Cost
We don’t provide tour cancellation insurances. However, we strongly recommend having a Travel Cancellation Insurance from an external insurance provider. Should you have to cancel your tour due to illness or death of a family member or yourself, this insurance protects all your deposits and payments for both air and land cost.
About refunds, We do currently not give any refunds for unused hotel rooms and accommodations, meals, sightseeing tours or hike/trek arrangements. Land costs are quoted as a package; credits are not given for services not used.
12. FEEDBACK
We welcome any comment, question and communication at our official email address.