General Terms of Use
1. Your Agreement
1.1 This website www.travelwing.net is operated by Solemio.corp (company) Limited, a Republic of Korea incorporated company. Please read these terms of use (“this Terms of Use”) carefully before using the Platform and the services offered by company, its affiliated companies (together, “Travelwing”) or the third-party operators (the “Operator”) through the Travelwing Platform (the “Services”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the Travelwing Platform and (2) persons for whom you make a purchase of the Services.
2. Change of Terms of Use
2.1 Travelwing’s Modifications
2.1.1 Travelwing reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If Travelwing changes or modifies this Terms of Use, Travelwing will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised.
2.1.2 Your continued use of the Travelwing Platform after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access the Travelwing Platform and/or the Services. It is your responsibility to regularly check the Travelwing Platform to ascertain if there are any changes to this Terms of Use and to review such changes.
2.1.3 In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time, the privacy policy (the “Privacy Policy”) and the terms and conditions of Travelwing AI tools (the “Terms and Conditions of Travelwing AI Tools”) adopted by Travelwing from time to time. All such terms are hereby expressly incorporated by reference in this Terms of Use.
3. Access and Use of the Services
3.1 Ownership of Content
3.1.1 This Travelwing Platform, the domain name (www.travelwing.net), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Travelwing in connection therewith are owned and operated by Travelwing.
3.2 Provision and Accessibility of Services
3.2.1 Subject to this Terms of Use, Travelwing may either offer to provide the Services by itself or on behalf of the Operators, as described in further detail on the Travelwing Platform. The Services that have been selected by you on the Travelwing Platform are solely for your own use, and not for the use or benefit of any third party. The term “Services” includes but is not limited to the use of the Travelwing Platform, any Services offered by Travelwing by itself or on behalf of the Operators on the Travelwing Platform. Travelwing may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. Travelwing may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.
3.2.2 Travelwing does not guarantee that the Services will always be available or uninterrupted. Travelwing will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.
3.2.3 If you link to the Travelwing Platform, Travelwing may revoke your rights to so link at any time, at Travelwing’s sole discretion. Travelwing reserves the right to require prior written consent before linking to the Travelwing Platform.
4. Travelwing Platform and Content
4.1 Use of the Content
4.1.1 All materials displayed or performed on the Travelwing Platform including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Travelwing Platform and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with Terms of Use. For the avoidance of doubt, any inputs into and outputs from Travelwing AI Tools do not constitute “Content”. For more information on Travelwing AI Tools, please see the Terms and Conditions of Travelwing AI Tools.
4.1.2 If Travelwing agrees to grant you access to the Travelwing Platform and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access the Travelwing Platform in accordance with this Terms and Use. Travelwing may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from the Travelwing Platform.
4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in the Travelwing Platform and the Content accessed through the Travelwing Platform, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever the Travelwing Platform or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
4.2 Travelwing’s Liability for the Travelwing Platform and Content
4.2.1 Travelwing cannot guarantee the identity of any other users with whom you may interact with in the course of using the Travelwing Platform. Travelwing cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using the Travelwing Platform is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
4.2.2 Under no circumstances will Travelwing be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Travelwing Platform.
4.2.3 Sort OrderWe provide sorting and filter settings for you to adapt the search results to your preferences using criteria such as availability, price recommendations, Services’ popularity, Services’ reviews or other criteria. We continually optimize the Travelwing Platform to provide you the best experience and may test different default sort order algorithms from time to time.
5. Intellectual Property Rights
5.1 Intellectual Property
5.1.1 All intellectual property rights subsisting in respect of the Travelwing Platform belong to Travelwing or have been licensed to Travelwing for use on the Travelwing Platform. This Travelwing Platform, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of the Travelwing Platform and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on the Travelwing Platform or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and non-commercial use is expressly prohibited without prior written permission from Travelwing or from the copyright holder identified in such Contents copyright notice.
6. User Submissions
6.1 Uploading of Information
6.1.1 In the course of accessing the Travelwing Platform or using the Services, you may provide information which may be used by Travelwing and/or the Operators in connection with the Services and which may be visible to other users of the Travelwing Platform. You understand that by posting information or content on the Travelwing Platform or otherwise providing content, materials or information to Travelwing and/or the Operators in connection with the Services (“User Submissions”): (a) You hereby grant to Travelwing and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating the Travelwing Platform and Travelwing’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels; (b) You agree and authorize Travelwing to use your personal data in accordance with the Privacy Policy in effect from time to time; (c) You hereby grant each user of the Travelwing Platform a non-exclusive license to access your User Submissions through the Travelwing Platform, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Travelwing Platform and under this Terms of Use; (d) You acknowledge and agree that Travelwing retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Travelwing does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; (e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and (f) That all the User Submissions publicly posted or privately transmitted through the Travelwing Platform is the sole responsibility of you and that Travelwing will not be liable for any errors or omissions in any content.
7. Users Representations, Warranties and Undertakings
7.1 Use of the Travelwing Platform and the Services
7.1.1 You represent, warrant and undertake to Travelwing that you will not provide any User Submissions or otherwise use the Travelwing Platform or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without Travelwing’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Travelwing; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
7.2 Removal of User Submissions
7.2.1 Travelwing reserves the right to remove any User Submissions from this Travelwing Platform at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if Travelwing is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
7.3 Responsibility for User Submissions
7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Travelwing Platform.
7.3.2 You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on the Travelwing Platform. You represent, warrant and undertake to Travelwing that: (a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize Travelwing to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by the Travelwing Platform and this Terms of Use; and (b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or Travelwing’s use of the User Submissions, or any portion thereof, on or through the Travelwing Platform and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
7.3.3 You are responsible for all of your activity in connection with using the Travelwing Platform and/or the Services. You further represent, warrant and undertake to Travelwing that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use the Travelwing Platform and/or the Services; or (b) sell or resell any products, services or reservation obtained from or via the Travelwing Platform; (c) use the Travelwing Platform for commercial or competitive activity or purposes, or for the purpose of making speculative, false or fraudulent bookings or any reservations in anticipation of demand; (d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Travelwing Platform; or (e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (f) Run maillist, listserv, or any other form of auto-responder, or “spam” on the Travelwing Platform, or any processes that run or are activated while you are not logged on to the Travelwing Platform, or that otherwise interfere with the proper working of or place an unreasonable load on the Travelwing Platform’s infrastructure; or (g) Use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Travelwing Platform; or (h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of Travelwing Platform.
7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using the Travelwing Platform and/or the Services.
8. Registration and Security
8.1 Opening of the Travelwing Account
8.1.1 In the course of using the Services, you may be required to open and maintain an account with Travelwing (“Travelwing Account”).
8.2 Provision of Personal Information
8.2.1 As a condition to using some aspects of the Services, you may be required to register with Travelwing and select a password and user name (“Travelwing User ID”). If you are accessing the Services through a Third Party Website or service, Travelwing may require that your Travelwing User ID be the same as your user name for such Third Party Website or service.
8.2.2 You shall provide Travelwing with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Travelwing Account.
8.2.3 You represent that you shall not: (a) Select or use as a Travelwing User ID a name of another person with the intent to impersonate that person; or (b) Use as a Travelwing User ID a name subject to any rights of a person other than you without appropriate authorization.
8.2.4 Travelwing reserves the right to refuse registration of or to cancel a Travelwing Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
9. Reviews – Further correspondence – Rights to User Content
9.1. By completing a booking, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the Travelwing platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity. Upon submitting a review, your account may be awarded Travelwing credits, which may be used towards your next booking subject to terms and conditions. Each account may only submit one review per activity booked once or multiple times within the same calendar month. Fraud and abuse will result in the forfeiture of Travelwing credits. Travelwing further reserves the right to deduct any credits directly from your Travelwing account without prior notice.
9.2. By posting a review, you grant Travelwing the full, perpetual, free, transferable and irrevocable rights to all submitted user content. Travelwing reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
9.3. You confirm you will comply with these Guest Review Guidelines. In addition, you represent and warrant that
9.3.1. you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the platform;
9.3.2. such content is accurate and not misleading; and
9.3.3. use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity.
9.4. Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.
9.5. You further grant Travelwing the right to pursue at law any person or entity that violates your or Travelwing’s rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.
9.6. Content submitted by users will be considered non-confidential and Travelwing is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Travelwing reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Travelwing is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Travelwing. Travelwing shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Terms of Use on the Platform for more details.
10. Booking Confirmation, Tickets, Vouchers, Fees and Payment
10.1 Booking Confirmation
10.1.1 Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the Travelwing Platform is solely for reference only. Actual time required for confirmation may vary.
10.2 Purchase and Use of the Vouchers
10.2.1 Through the Travelwing Platform, you may purchase vouchers from Travelwing for the Services (“Vouchers”) offered by the Operators in the various destinations. Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase that will contain a Voucher confirmation number (“Confirmation Number”) and a printable version of your Voucher.
10.2.2 In order to use your Voucher, you must appear in person at the meeting point designated by the relevant Operator on time, and present such documents and/or information as may be required by the Operator, that may include your Confirmation Number and/or your printed Voucher. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.
10.2.3 An Operator may also require you to provide an identification document bearing your photo in order to use your Voucher. Neither Travelwing nor the Operator is responsible for lost, destroyed or stolen Vouchers or Confirmation Numbers. Vouchers will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Voucher in an unlawful manner (e.g., you attempt to use a Voucher for wine tasting when you are under the legal age to do so), the respective Operator may refuse to accept your Voucher, and no refunds will be granted.
10.3 Terms of the Vouchers
10.3.1 The Terms of Use for each Voucher may vary amongst Operators and any restrictions that apply to the use of such Voucher, including but not limited to a minimum age requirement, will be conveyed to you at the time of purchase on the Travelwing Platform.
10.3.2 Vouchers are admission tickets to one-time events (‘Events’): the date(s) on which a Voucher can be used will be stated on the Voucher. If you do not use your Vouchers on or by the date(s) noted on such Vouchers, except as expressly set forth therein, no refunds will be granted.
10.4 Cancelation of Vouchers
10.4.1 You may cancel your Voucher by contacting Travelwing customer service within the cancelation period, as stated at the time of purchase on the Travelwing Platform. Cancelation windows vary on a case by case basis. A Voucher canceled with the required notice will be refunded in full to the credit card you used to purchase such Voucher.
10.4.2 The Operator, not Travelwing, is the offeror of the Services for the Events, to which the Vouchers correspond to, and is solely responsible for accepting or rejecting any Voucher you purchase, as related to all such Services.
10.4.3 Please directly consult with the Operator if you have any enquiries or complaints in respect of the Service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in the currency stated on the Travelwing Platform at the time prior to purchase.
10.4.4 If an Event which you have purchased a Voucher for is canceled by the Operator, Travelwing will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.
10.5 Required Assistance
10.5.1 If you attempt to use a Voucher in accordance with this Terms of Use and the additional terms and conditions applicable to such Voucher and you are unable to do so (due to the fault of the Operator or otherwise), please contact Travelwing at support@Travelwing.com, and Travelwing will try to liaise with the Operator for an appropriate remedy.
10.6 Additional Charges
10.6.1 Travelwing reserves the right to require payment of fees or charges for any Services offered by Travelwing. You shall pay all applicable fees or charges, as described on the Travelwing Platform in connection with such Services selected by you.
10.7 Modifications to Charges
10.7.1 Travelwing reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on the Travelwing Platform. Your use, or continued use, of the Services offered by Travelwing following such notification constitutes your acceptance of any new or revised fees or charges.
10.8 Travelwing’s Rights and Obligations
10.8.1 Travelwing reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at Travelwing’s sole discretion.
10.8.2 Travelwing intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
10.8.3 Whilst the Operators are required to provide Travelwing with accurate and updated prices of the Services on the Travelwing Platform, Travelwing cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
10.9 The above terms and conditions & return policies are appliable to all Travelwing users worldwide.
11. Discounts
11.1 Travelwing Credits and Rewards
11.1.1 Travelwing Credits are points that are awarded to you and will be accumulated in your Travelwing Account until expiry. Points are awarded on the actual participated and unrefunded activities purchased from Travelwing’s platforms, based on the award program at the time of purchase. Except as otherwise stated, every ten (10) Travelwing Credits may be used to offset one Hong Kong Dollar (HK$1.00) of the total check out price. Conversion into any other currencies will be calculated based on the exchange rate Travelwing uses on the date of your purchase offset.
11.1.2 Travelwing Credits may be earned through the following means and the amount of Travelwing Credit received may vary with each purchase and is at the sole discretion of Travelwing: (a) rebates from previous purchases (b) earning through any means authorized by Travelwing at its sole discretion (c) submission of activity review after successfully completing any eligible Travelwing activities you purchased
11.1.3 You will only receive Travelwing Credits for the first ten activities you have reviewed in any calendar month. If you have completed the same activity more than once in the same month, you will only receive Travelwing Credits for the first review you have submitted for that activity.
11.1.4 Any Travelwing Credits that you earn will expire 365 days from the date on which you earn the credits. All expired Travelwing Credits will be forfeited and cannot be reinstated. If any purchase is refunded, your Travelwing Credits will also be adjusted accordingly.
11.1.5 Booking and delivery fees and charges are not eligible for earning Travelwing Credits, nor can Travelwing Credits be used to redeem or deduct booking and delivery fees and charges
11.2 Travelwing Coupons
11.2.1 Travelwing Coupons are coupons with a one-time use and will not be returned if used that will be sent to your designated email address or applied directly to your Travelwing Account, which may be used in exchange for discounts of future bookings on the Travelwing Booking Platform. For the avoidance of doubt, once you have used the Travelwing Coupons on the Travelwing Booking Platform, such Travelwing Coupons will not be returned or refunded under any circumstances.
11.2.2 Travelwing Credits may be attained through the following means: (a) You may receive Travelwing Coupons through the Travelwing Referral Program, as further elaborated on in Clause 11; or (b) You may receive Travelwing Coupons by other authorized means as determined at Travelwing’s sole discretion.
11.3 Abuse of Discounts
11.3.1 In the event where it has come to Travelwing’s attention that the Travelwing Credits or Travelwing Coupons were earned in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by Travelwing, Travelwing reserves the right to the following: (a) Termination of your Travelwing Account with immediate effect; or (b) Cancelation of all Travelwing Credits or Travelwing Coupons as previously accrued; or (c) Refusal of the provision of the Services to you; or (d) Any other measures as deemed appropriate by Travelwing at its sole discretion.
11.4 Travelwing Rewards
11.4.1 By signing up for a Travelwing Account, you will automatically be a member of the rewards programme (“Member(s)”) named “Travelwing Rewards” operated by Travelwing (“Rewards Programme”), if the Rewards Programme is available in your region. As a Member under the Rewards Programme, you hereby expressly acknowledge to be bound by this Terms of Use, Privacy Policy and Rewards Programme Terms and Conditions, as may be amended or modified from time to time at Travelwing’s sole discretion. Your continued use of the Travelwing Platform after such amendments or modifications constitutes your acceptance of them.
12. Travelwing Referral Program
12.1 The Program
12.1.1 On certain Travelwing Sites, Travelwing may offer members the chance to earn Travelwing Coupons, when they invite friends to become members of a Travelwing Site and those friends make a confirmed booking through an authorized Travelwing invitation channel (“Travelwing Authorized Channel”) (e.g. an invitation sent through the Travelwing Platform, Facebook or another social media channel as supported by Travelwing).
12.2 Terms
12.2.1 You may only earn Travelwing Coupons via Travelwing’s authorized member invite mechanisms. Referrals outside of Travelwing Authorized Channel will not result in any Travelwing Coupons. You understand that Travelwing Coupons are not transferable, may not be auctioned, bartered or sold, and may not be pooled with other members.
12.2.2 You will only receive Travelwing Coupons for the first confirmed booking made by a friend who makes his or her first booking on the Travelwing Sites and subsequently completes his or her first booking as a result of an invite from you via a Travelwing Authorized Channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive Travelwing Coupons, and Travelwing will have no liability to you for your friend’s failure to follow directions.
12.2.3 You agree that having multiple Travelwing Accounts is a violation of this Terms of Use and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent the Travelwing Referral Program system may, without limiting any of Travelwing’s other rights or remedies, result in forfeiture of your membership and all Travelwing Coupons in your Travelwing Account.
12.2.4 You must not conduct your own promotion in connection with the Travelwing Referral Program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Travelwing, including the use of any trademarks of Travelwing.
12.2.5 Travelwing reserves the right to void referrals and Travelwing Coupons earned if it is suspected that the referrals or Travelwing Coupons were earned in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by Travelwing.
12.2.6 Travelwing Coupons will be emailed to your designated email address within 24 hours of one of your qualifying invitees completing his or her confirmed booking on the Travelwing Platform
12.2.7 Travelwing reserves the right to modify the values and rewards of the Travelwing Referral Program based on each user’s activity.
12.2.8 Travelwing Referral Program is void where prohibited by law. Travelwing reserves the right to modify or terminate the Travelwing Referral Program at any time. Should there be any tax liability for the accumulation and/or use of Travelwing Coupons, such taxes are the sole responsibility of the participant. You understand that your Travelwing Account may not accurately reflect the Travelwing Coupons you have actually earned. Travelwing will have no liability for any errors displayed in your Travelwing Account.
13. Privacy Policy
13.1 Privacy Policy
13.1.1 For Travelwing’s policy relating to its use of of your personal data, please review Travelwing’s current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.
14. Indemnity
14.1 Travelwing’s Indemnification
14.1.1 You will indemnify and hold Travelwing, our holding companies, subsidiaries, affiliates, officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to the Travelwing Platform, use of the Travelwing Platform, your violation of this Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your Travelwing User ID.
14.2 Travelwing’s Involvement
14.2.1 Travelwing may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Travelwing without Travelwing’s prior written approval. Travelwing reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.
15. Disclaimers and Limitation of Liability
15.1 Parties’ Relationship
15.1.1 Travelwing has no special relationship with or fiduciary duty to you for accessing and using the Travelwing Platform and the Content. You acknowledge that Travelwing has no control over, and no duty to take any action regarding: (a) Which users gain access to this Travelwing Platform; (b) What content you access via the Travelwing Platform; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take as a result of having been exposed to the Content.
15.2 Services and Comments
15.2.1 You acknowledge and agree that the Operators may offer the Services on the Travelwing Platform, and that suggestions or recommendations may be given by the Operators or Users of the Travelwing Platform. Travelwing makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through the Travelwing Platform.
15.3 Exemption of Liability
15.3.1 In no event will Travelwing, the Travelwing Platform, or any of Travelwing’s holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) This Travelwing Platform; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by you or a third party; or (d) Use of the Travelwing Platform, tools or Services we provide related to the business we operate on the Travelwing Platform by you or any third party; or (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
15.3.2 These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
15.3.3 This Travelwing Platform, including all content, software, functions, materials and information made available on or accessed through the Travelwing Platform, is provided on an “as is” basis. To the fullest extent permissible by applicable law, Travelwing makes no representations or warranties of any kind, either express or implied, including but not limited to the content on the Travelwing Platform or the materials, information and functions made accessible through the Travelwing Platform, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Travelwing Platform, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
15.3.4 You acknowledge and agree that any transmission to and from the Travelwing Platform is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to Travelwing and by posting information on the Travelwing Platform, including tours and/or activities, no confidential, fiduciary, contractually implied or other relationship is created between you and Travelwing other than pursuant to this Terms of Use.
15.3.5 You acknowledge and agree that you will not hold or seek to hold Travelwing responsible for the content provided by any Operator or third party and you further acknowledge and agree that Travelwing is not a party to any transaction in relation to the Services provided by any Operator or third party. Travelwing has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on the Travelwing Platform.
15.4 Remedies
15.4.1 If you are dissatisfied with the Travelwing Platform, do not agree with any part of this Terms of Use, or have any other dispute or claim with or against Travelwing or another user of the Travelwing Platform with respect to this Terms of Use or this Travelwing Platform, your sole and exclusive remedy against Travelwing is to discontinue use of the Travelwing Platform.
15.4.2 In any event, to the fullest extent permissible by the applicable law, Travelwing’s liability, and the liability of any member of Travelwing, to you or any third party in any circumstance arising out of or in connection with the Travelwing Platform is limited to the greater of: (a) The amount of fees you paid to Travelwing in the twelve months prior to the action giving rise to liability; or (b) Hong Kong Dollars 500.00 in the aggregate for all claims.
16. Interaction with Third Parties
16.1 Links to Third Party Websites
16.1.1 This Travelwing Platform may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Travelwing, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by Travelwing of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
16.1.2 When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use.
16.1.3 Travelwing has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Travelwing will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold Travelwing harmless from any and all liability arising from your use of any Third Party Website.
16.1.4 Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
16.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
16.2 Travelwing’s Responsibility
16.2.1 You agree that Travelwing shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Travelwing is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Travelwing, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
17. Payment
17.1 In order to ensure adequate operational support for customers in respect of refunds and cancelations (where applicable), the following Travelwing entities shall be responsible for transactions conducted in the following currencies:
(a) in respect of transactions in SGD, Travelwing Travel Technology Pte Ltd;
(b) in respect of transactions in TWD, Travelwing Travel Taiwan Limited;
(c) in respect of transactions in MYR, Travelwing Technology Sdn. Bhd.;
(d) in respect of transactions in AUD/NZD, Travelwing Travel Technology (Australia) Pty Ltd;
(e) in respect of transactions in EUR/GBP/CHF/DKK/ISK/NOK/SEK/RUB, Travelwing Travel Technology B.V.; and
(f) in respect of transactions conducted in all other currencies, Travelwing Travel Technology Limited.
18. Termination
18.1 Termination by Travelwing
18.1.1 This Terms of Use shall remain in full force and effect while you use Travelwing Platforms or the Services. Travelwing may terminate or suspend your access to the Services or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. Travelwing may also terminate or suspend any and all Services and access to the Travelwing Platform immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.
18.2 Effects of Termination
18.2.1 Upon termination of your Travelwing Account, your right to use the Services, access the Travelwing Platform, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
18.2.2 If this Terms of Use is terminated as a result of your breach, Travelwing reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you.
19. Passports, Visas, Documents, Licenses & Insurances
19.1 Your Responsibilities
19.1.1 It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
19.1.2 As visa and health requirements are subject to changes without notice, Travelwing recommends that you verify health and visa requirements with the appropriate consulate prior to departure.
19.1.3 You acknowledge that some Operators may require you to adhere to local policies and furnish the necessary documents and/or licenses as a prerequisite to using and/or participating in the Services they offer.
19.1.4 Travelwing strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.
20. Governing Law
20.1 This Terms of Use shall be governed by the laws of Hong Kong Special Administrative Region of the Peoples Republic of China. You agree to submit to the non-exclusive jurisdiction of the Hong Kong court.
21. Miscellaneous
21.1 Severability
21.1.1 If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.
21.2 Assignment
21.2.1 This Terms of Use is not assignable, transferable or sub-licensable by you except with Travelwing’s prior written consent. Travelwing may transfer, assign or delegate this Terms of Use and its rights and obligations without prior notice to you.
21.3 The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail.
22. Contact
22.1 Please contact Travelwing at support@Travelwing.com to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service.
Last updated on 4 December 2023.