Last Revised: June 2017
Tripflip LLC and its affiliates ("Tripflip", "we", "our", or the "Company") welcome you ("User", "You") to our online marketplace, www.tripflip.com (the "Website"), where Users can buy and sell hotel reservations (the "Service").User's use of the Services, by entering, connecting to, accessing, listing, buying, or selling on the Website, You acknowledge, understand and agree that you have read and understood the following terms of use set forth in this User Agreement, including the terms of the Privacy Policy (collectively, the "Terms"). User agrees to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service and/or Website and You acknowledge that these terms constitute a binding and enforceable legal contract between Tripflip and You. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER.
The Service allows a seller ("Seller(s)") that owns a hotel reservation ("Reservation(s)") to access a secondary marketplace on our Website where they can sell the Reservation to a buyer ("Buyer(s)"). Booking hotel reservations on the Service is conducted in a secure and reliable environment hosted by the Hotel Trade Website and powered by our proprietary booking technology that successfully executed the transfer of the hotel reservation from Seller to Buyer and safely facilitates the payment.
Tripflip makes no representations, promises or warranties as to the quality of the products and services provided by any of the hotels connected to Reservations that were exchanged on the Tripflip Website. Furthermore, Tripflip is not responsible or liable for any damages or costs incurred to a User as a result, or in connection with, a Reservation purchased or sold through the Service, other than expenses arising from the Buyer's inability to use a Reservation.To Be Introduced.
Buyers may purchase Reservations on Tripflip using a valid credit card or a paypal account (in certain instances). Buyers are required to register on Tripflip to efficiently purchase reservations. Once a Buyer pays for a Reservation, Tripflip will handle all the logistics of the transfer of the Reservation. The Reservation will be transferred and re-booked into the Guest's name. Buyer will receive a confirmation of such transfer via email. As a condition to using Tripflip, the Buyer provides his consent to Tripflip to share the Buyer's and/or Guest's personal information with Reservations providers and/or hotels in order to facilitate the Reservation transfer into the name of the Guest.
To Be Introduced.
In consideration for providing the Service, Tripflip may collect commission fees from Sellers ("Commission Fees"). Commission Fees are based upon a percentage of the amount the Seller is to receive for his sale of the Reservation to the Buyer on the Service. Taxes or other money transfer fees may also be deducted from the final sum paid to Seller, as applicable. Tripflip may charge a Commission Fee based on the value of the Reservation sold. Tripflip reserves the right to change, modify, waive or otherwise adjust its Commission Fees at any time. Use of the Website constitutes User's acknowledgement and agreement to any Commission Fee changes.
To be introduced.
The validity and accuracy of reservations is Tripflip's top priority. We go to great lengths to ensure the validity of the reservation, avoid any mistakes and to prevent fraudulent activity. In the event that a Buyer is unable to use a Reservation due to a mistake in the transfer of the Reservation or due to fraudulent activity, Tripflip will either (i) reimburse Buyer for the Buyer's cost of the Reservation, or (ii) arrange alternative arrangements at another hotel of a similar star rating, price and location.
To be introduced.
All Users who wish to buy/sell/make an offer must register on the Website. The registration process creates a personal profile ("Profile") for each Seller, which will contain personal details. During the registration process you will be asked to choose a password for your Profile, which must be kept in confidence at all times. Users agree not to share IDs and passwords with any third parties. To learn more about the type of information collected by us when you register for the Service, please visit our Privacy Policy. Tripflip is committed to protect the information you share with us. Tripflip does retain certain information regarding users of our services. Our Privacy Policy describes how we protect your information www.tripflip.com/privacy
Users may login to our Services and Website through such providers like Facebook and Google+. The use of these providers is a way of increasing the interest in the sale of your reservation by harnessing the widespread use of social networking sites. By accessing Tripflip's services and Website through social networking sites, the user is able to share his offer to sell or offer to buy to people linked to the User. The User will be asked to approve the sharing of any reservation listing prior to the listing being circulated to the User's social network contacts. Once a user clicks "Confirm", the listing will be circulated on the social networking site to the User's contacts. The User has the ability to start of terminate sharing of the information on the social networking site at any time by editing the preferences in the User's profile. Tripflip will only share such listings approved by the User.
We will provide a link to the third party's applicable policies and privacy policies. By sharing listings on a social networking site, the User may be subject to that social networking site's privacy policy.
Users may change user names and passwords. If you wish to either change your user name or password to log-in to your Profile, you may do so by clicking the Sign In link at the top of this page.
Tripflip authorizes Users to use the Service and to print out information related to them, including Reservation information (the "Content"). Any copies you make of any Content are subject to the following restrictions: (i) You may not remove or disassociate from the Content any copyright, trademark or other proprietary notices contained therein (such as "©, or ®); and (ii) You may not modify, reproduce, display, perform, distribute, prepare derivative works from or otherwise use the Content for any purpose not expressly permitted by these Terms.
Tripflip allow its Users to print out and make copies of any content on the website; provided, however, User's agree not to remove, alter, disassociate or otherwise change any copyright, trademark or other proprietary notices associated with content. Furthermore, users are prohibited from modify, reproduce, display, perform, distribute, prepare derivative works from or otherwise use the Content for any purpose not expressly permitted by this User Agreement. Your privilege of using Tripflip shall be revoked in Tripflip's sole discretion for the following reasons: You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble, create derivative works or destroy any of the Content on the Website. User shall not publicly display, perform, or distribute information on the Website other than as permitted in the terms of this agreement; (ii) utilize the Website in any way that could be considered fraudulent, misleading, in bad faith, or a misrepresentation; (iii) utilize the content on the Tripflip Website in any way inconsistent with the terms and purpose of this Agreement. Examples of prohibited conduct includes: (i) posting a Reservation on the Website which you do not own the rights thereto or you have sold it to another third party or intend to sell it to a third party following the sale of this Reservation on the Site; (ii) create a browser or border environment around the Content (no frames or inline linking); (iii) interfere with or violate any other Site user's right to privacy or other rights, or harvest or collect personally identifiable information about users of the Service and/or Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (iv) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (v) transmit or otherwise make available in connection with this Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vi) interfere with or disrupt the operation of the Service and/or Site, or the servers or networks that host the Service and/or Site or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (vii) sell, license, or exploit for any commercial purposes any use of or access to the Service and/or Content of this Site; (viii) frame or mirror any part of this Site without Tripflip's prior express written authorization; (ix) create a database by systematically downloading and storing all or any of the Content from this Site; (x) forward any data generated from the Service and/or Site without the prior written consent of Tripflip; (xi) transfer or assign your Profile's password, even temporarily, to a third party; (xii) use the Service and/or Site for any illegal, immoral or unauthorized purpose; (xiii) use the Service and/or Site and/or Content for non-personal or commercial purposes without Tripflip's express prior written consent; or (xiv) infringe or violate any of the Terms herein.
Tripflip's services are reserved for adults 18 years and older. User profiles shall request proof of ages and We may request Buyer's proof of age during the booking process. In the event we learn that a person under the age of eighteen (18) is attempting or has used Tripflip's Website, we will prohibit and block you from accessing the Service and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy with regard to such User.
Tripflip, its Service, the Website, the content, information, graphics and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, proprietary know how, trade secrets, trademarks, trade names, logos, copyrightable materials, pictures, symbols, graphics, text, images, designs (including the "look and feel" of the Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, links, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, "Intellectual Property"), are owned and/or licensed to Tripflip and subject to copyright and other applicable intellectual property rights under United States laws, foreign laws and international treaties and conventions. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, adapt, alter, modify or create derivative works of any material that is subject to Tripflip's proprietary rights, including Tripflip's Intellectual Property, either by yourself, any agent, representative or employee or by anyone on your behalf, in any way or by any means, directly or indirectly, unless expressly permitted in the Terms. All users of the Website and Tripflip's services are strictly and expressly prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of Tripflip or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Content included on the website, and you represent and warrant that you will abide by all applicable laws, rules and regulations in this respect.
"Tripflip", HotelTrader, Hoteltraderbiz, Company's marks and logo and all other proprietary identifiers used by the Company in connection with Tripflip ("Company Trademarks") are all trademarks and/or trade names of the Company, whether or not registered by any governmental or regulatory authorities, by common law or common use. All other trademarks, service marks, trade names and logos which may appear on Tripflip's Website belong to their respective owners, including, without limitation, any other hotels' trademarks and trade names ("Third Party Marks"). No right, license, permission to use or interest to the Company Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, permission to use or interest shall be asserted or claimed by you with respect to the Company Trademarks or the Third Party Marks and you agree to avoid using any of those marks.
Tripflip's Website will have links within its Website and to other third party websites such as hotels, travel vendors, travel review sites, etc. (collectively, "Third Party Sites"). Such links may be suggested by the Company or shared by any Users. Tripflip has no control over such Third Party Sites and by use of Tripflip's Website, you acknowledge, understand and agree that the Company has no control over such Third Party Sites, and Tripflip is not responsible for the availability of Third Party Sites, and furthermore, does not endorse or represent and is not responsible or liable for any services, content, advertisements, offers, promises, representations, products, or any materials available on such Third Party Sites. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through any Third Party Sites. Most Third Party Sites provide legal documents, including terms of use and Privacy Policy, governing the use of such sites. We strongly recommend that you familiarize yourself with Third Party Sites policies before using Third Party Sites. As an aggregator of inventory, Tripflip may sell inventory from other third party websites. While Tripflip&l#039;s cancellation policy and guarantee to allow a subsequent listing will always apply, there may be instances where your reservation may be subject to additional terms and conditions from the hotel and/or the third party seller. In this instance we will provide a link to the third party's applicable policies. In the event there is a conflict between the third party's applicable policies and this user agreement, the terms and conditions of this User Agreement shall control.
The Service and/or our Website's availability and functionality depend on various factors, such as communication networks, Tripflip ongoing development and enhancements and technology upgrades. Tripflip does not warrant or guarantee that the Service and/or Website will operate and/or be available at all times without disruption or interruption, that it will be free from errors, or not experience downtime for upgrades and service enhancements.
Tripflip reserves the right to alter, modify, correct, amend, enhance, improve, add, delete, make any other changes to, or discontinue, temporarily or permanently, the Service and/or Website (or any part thereof) without notice, at any time. You hereby understand, acknowledge and agree that the Content provided under this Website may and will be changed, modified and altered in terms of form, content or information or removed at any time without any notice to you. You agree that Tripflip shall not be liable to you, your affiliates, representatives, agents or to any third party for any modification, suspension, enhancement, changes to or discontinuance of the Service, the Website and/or the Content included in this Website.
Tripflip DOES NOT MAKE ANY REPRESENTAIONS OR WARRANTIES REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SERVICE AVAILABLE ON THE WEBSITE. THE SERVICE, THE WEBSITE AND/OR CONTENT ARE ALL PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO USERS' CONDUCT ON THE WEBSITE OR THE STANDARD AND QUALITY OF SERVICE OFFERED BY HOTELS VISITED AS RESULT OF RESERVATIONS THAT WERE SOLD ON THIS WEBSITE. NOTWITHSTANDING THE ABOVE, Tripflip MAKES NO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. Tripflip DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, VERACITY, QUALITY, AVAILABILITY, INTERPRETATION, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY REVIEWS RELATED TO ANY HOTELS OR SERVICES PROVIDED. THE USE OF THE SERVICE, THE WEBSITE AND/OR THE CONTENT ARE ENTIRELY AT USER'S OWN RISK AND Tripflip SHALL HAVE NO LIABILITY RELATING TO SUCH USE. Tripflip DOES NOT REPRESENT, WARRANT OR AGREE THAT THE OPERATION OF THE SERVICE AND/OR WEBSITE ARE OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE, THE WEBSITE AND/OR THE CONTENT ARE ENTIRELY AT YOUR OWN RISK.
IN NO EVENT SHALL Tripflip, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, CONSULTANTS, AFFILIATES AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE AND/OR WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM A STAY AT A HOTEL FOR WHICH A RESERVATION, PRODUCT OR SERVICE WAS PURCHASED ON THE WEBSITE. IN NO EVENT SHALL Tripflip, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AFFILIATES OR CONSULTANTS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE AND/OR SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SERVICE AND/OR WEBSITE, OR THE USE OR INABILITY TO USE THE SERVICE AND/OR WEBSITE, OR FAILURE OF THE SERVICE AND/OR WEBSITE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF Tripflip TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF Tripflip BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER Tripflip HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Each user of the Tripflip Website understand, acknowledges and agrees to defend, indemnify and hold harmless Tripflip from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Service and/or Website; (ii) your violation of any term of this User Agreement; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Service and/or Website (including your violation of any third party rights, intellectual property rights, or any damages incurred on third parties arising out of any transaction made in reliance on the Content contained on the website); and (iv) any claims for bodily, death or other damages arising out of any transaction made in reliance on the Content contained on the Site.
Tripflip reserves the right to amend, modify or changes the terms and conditions in this User Agreement at any time, without notice and in its sole discretion. Notice of any changes will be sent to you via the email provided in your Profile or by reviewing this Agreement. You can review the most current version of the Terms at any time at: www.tripflip.com/terms Use of the website after ANY changes will indicate your acceptance and agreement to such changes.
Tripflip may terminate, suspend, restrict or limit any User's ability to use the Website at any time and in its sole discretion. Such actions by Tripflip may be taken if Tripflip deems that you have breached any of these Terms in any manner. Additionally, Tripflip may at any time, at its sole discretion, cease the operation of the Service and/or Site or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Tripflip does not assume any responsibility with respect to, or in connection with the termination of the Service and/or Site operation and loss of any data. The provisions of the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections, will survive the termination, or expiration of the Terms.
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Site or use of this Site will be governed by and interpreted in accordance with the laws of the State of New York, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the competent courts of the State of New York. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Tripflip's prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Tripflip relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Tripflip. Notices to you may be made via email or regular mail. This Website may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
For information, questions or notification of errors, please contact: If you have any comments, questions, concerns or to report an mistakes, errors or unauthorized user of the Website, please contact us at: Tripflip LLC, 570 Mountain Ave, Gillette, NJ, 07933