STANDARD TERMS
DESCRIPTION
TravelPerk aggregates and displays a variety of business travel services offered by Travel Suppliers and provides its customers the opportunity to book and administer those services through its Platform or via its offline support services as further detailed in these Terms.
This Agreement shall govern all bookings for business travel services made by Customer on the Platform (or via a TravelPerk support channel) for the Term of this Agreement.
In these Terms capitalised terms shall have the meanings given to them in the Appendix.
PLATFORM SERVICES
TravelPerk will provide to Customer the core service and any additional service (referenced in the Order Form) as and when requested by the Customer. A description of the Services is set out in Schedule 1 below.
TravelPerk will provide the Services:
with reasonable skill and care;
in accordance with all laws and regulations; and
in accordance with the service levels set out at Schedule 2.
TravelPerk will maintain all licences and permissions necessary for it to perform its obligations under this Agreement.
The Customer’s use of the Services is not contingent on TravelPerk’s delivery of any future functionality or feature, or dependent on any comments made by TravelPerk (through its personnel) regarding the same.
The Services are made available to facilitate in-real life connections for business purposes only.
TravelPerk and Customer each agree that the Agreement is a "general agreement" for the booking of travel services in connection with the Customer's trade, business, craft or profession and therefore outside the scope of the Package Travel Directive (Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015) ("PTD") and any laws and regulations implemented by European member states to give effect to the PTD, and where applicable, the Civil Aviation (Air Travel Organiser's Licensing) Regulations 2012. As such, these regulations shall not apply to TravelPerk's provision of/and Customer's receipt of the Services contemplated under this Agreement.
TRAVEL SUPPLIER SERVICES
The parties shall follow the required process and terms of the Travel Supplier for modification and cancellation of bookings. If a booking is refundable and Customer wants to modify or cancel a booking, TravelPerk will refund to Customer the corresponding booking charge less any applicable TravelPerk service fees. Information regarding such deductions shall be made available to Travelers via the Platform. Any refund(s) shall be applied to the original payment method for automatic payment methods or, for other payment methods, by discounting such charge from Customer’s next invoice or by credit note.
CUSTOMER RESPONSIBILITIES
To benefit from the Services, Customer (through its Travellers) must create accounts.
Customer shall be responsible for:
it’s compliance with this Agreement;
procuring that each account is unique to a specific Traveller;
procuring that bookings for Trips are made and arranged by Travellers who are not under the age of 16, and that any children travelling on a relevant Customer booking are accompanied by an adult;
procuring that Traveller account credentials (i.e. logins/passwords) are kept safe and confidential;
the quality, legality and accuracy of Customer and Traveller data uploaded to the Platform;
promptly notifying TravelPerk if Customer discovers that the security of any Traveller access credential or integrated third party service may have been compromised; and
its compliance with all applicable laws and regulations.
Customer shall not access/or use the Services in any way that threatens the continued viability, security or availability of the Platform.
Where Customer receives notice, including from TravelPerk, that the data or content it or its users have uploaded to the Platform may no longer be used or must be removed to avoid breaching applicable law or governmental regulations or violating the rights of a third party or individual, Customer will promptly remove such material. To the extent Customer fails to act promptly, TravelPerk reserves the right to remove such content or disable Customer’s access to it without further notice.
Where Customer uses the Services in violation of this Agreement, TravelPerk may suspend Customer’s use of the Services.
FEES
Customer shall pay for all Services (and bookings shall be paid by Customer) in accordance with the fees and payment terms indicated in the Order Form, and subject to the terms and conditions of this Clause 5 and the Order Form (which sets out the terms relevant to each payment method).
TravelPerk will invoice Customer (and, where agreed to by TravelPerk, its Affiliate(s)) for all Services and bookings made during the applicable period. Customer acknowledges and understands that it shall remain responsible for the timely payment of all invoices, including any agreed by TravelPerk to be addressed to a Customer Affiliate. TravelPerk acknowledges that an Affiliate’s timely payment of an will discharge Customer’s payment obligations under this Agreement (in respect of such invoice only). Customer confirms that its relevant Affiliates have been notified of the invoicing and payment terms indicated in the Order Form, together with these Terms and shall procure the Affiliates’ compliance with any terms that apply to it.
If the Customer disputes any invoice, it must:
promptly notify TravelPerk in writing, specifying the reasons for disputing the invoice;
provide all evidence as may be reasonably necessary to verify such reasons for dispute;
pay all amounts not disputed on the due date; and
attempt to resolve the dispute reasonably, proactively and in good faith.
If any non-disputed amount due and payable by the Customer is not paid on its due date, TravelPerk reserves the right to apply interest on the unpaid amount at 6%, applicable pro rata from the due date until the date of payment of the related outstanding amount. The late payment interest shall be accrued on a daily basis and included in the next invoice issued to the Customer.
If any non-disputed amount due and payable by Customer is overdue, TravelPerk may, without limiting its other rights and remedies, suspend its Services until such amounts are paid in full, provided that, other than for customers paying by credit card or direct debit whose payment has been declined, TravelPerk will give Customer at least 7 days’ prior notice that its account is overdue, before suspending services to Customer
TravelPerk reserves the right to review the fees annually. TravelPerk will notify Customer of any fee increase at least 30 days in advance of the fee change taking effect. Any fee change will take effect on the next anniversary of the Effective Date (and following the date on which TravelPerk notifies the Customer of such change). The number of fee changes by TravelPerk shall be limited to once per calendar year.
The fees are exclusive of legally applicable taxes (by way of example - value added, sales, use or withholding taxes). Customer is required to pay any such taxes that TravelPerk is required to collect on top of its fees. If Customer provides TravelPerk with a valid tax exemption certificate from an appropriate tax authority, TravelPerk will not add such tax to its fees.
Customer shall make all payments for the Services without withholding or deduction, unless required by law. If any such withholding or deduction is required by law, when making the payment to which the withholding or deduction relates, Customer shall pay to TravelPerk such additional amount, so that that TravelPerk receives the same total amount that it would have received if no such withholding or deduction had been made.
INTELLECTUAL PROPERTY
TravelPerk or its licensors own all intellectual property rights in the Platform and/or the Services. Except for Customer’s right to access and procure use of the relevant Service(s) for the benefits of itself and its Travellers, Customer is not granted any rights in or to TravelPerk’s intellectual property.
Customer grants TravelPerk, TravelPerk Affiliates and TravelPerk’s appointed representatives (worldwide) a limited term licence to host, copy, transmit and/or display (as appropriate) any:
Third party product or service created by or for Customer, for use by Customer with the Services. Where Customer uses such third-party product or service with the Service(s), Customer grants TravelPerk permission to allow such service to access Customer data (as is appropriate), including that potentially belonging to Customer users or which highlights Customer’s usage of our Services, to facilitate or optimise the integration of the Service(s).
Customer user data (including that belonging to Travellers) strictly as required to deliver the Services and subject to the provisions set out here.
Customer acknowledges and agrees that TravelPerk may freely use or exploit any feedback, suggestion or request that it provides in respect of the Services. Any intellectual property rights which come into existence because of the delivery by TravelPerk of the Services will be the exclusive property of TravelPerk or its licensors.
Customer authorises TravelPerk to use Customer’s name, trademark and logo (according to the designs and guidelines communicated by Customer to TravelPerk from time to time), solely for the purpose of identifying Customer as a customer of TravelPerk. Any further use of Customer’s name, trademark and logo for promotional purposes shall be subject to Customer’s prior written approval.
TravelPerk will defend Customer (and to the extent relevant a Customer Affiliate detailed in the Order Form) against any claim, demand or proceeding made or brought against Customer by a third party alleging that any Service infringes or misappropriates such third party’s intellectual property rights, and will indemnify Customer from any damages, legal fees and costs finally awarded against Customer as a result of, or for amounts paid by Customer under a settlement approved by TravelPerk in writing.
If TravelPerk receives information about an infringement or misappropriation claim related to a Service, TravelPerk may at its discretion and at no cost to Customer:
modify the Services so that they are no longer claimed to infringe or misappropriate;
obtain a license for Customer’s continued use of that Service in accordance with this Agreement; or
terminate the relevant Service and refund Customer any prepaid fees (in respect of any future period of supply).
The above defence and indemnification obligations do not apply if:
a claim arises from the use or combination of the Service(s) or any part thereof with software, hardware, data, or processes not provided by TravelPerk, if the Services (or their related use) would not infringe without such combination; or
a claim arises from Customer content or Customer’s breach of this Agreement.
Customer will defend TravelPerk and any TravelPerk Affiliates against any claim, demand, suit or proceeding made or brought against TravelPerk by a third party owing to each of the circumstances contemplated under Clause 6.7 (above).
Each of the respective indemnification undertakings (set out above) shall be subject to an indemnified party providing the indemnifying part with:
prompt written notice of a relevant claim;
sole control of the defence and settlement of the claim; and
all its reasonable assistance.
Clauses 6.5 to 6.10 (IP Indemnity) sets out an indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any third-party claim described (here in this section).
WARRANTIES
Each party warrants, represents and undertakes to the other that:
it has full capacity and authority to enter into this Agreement, to perform any of its obligations and to consummate all the transactions contemplated by this Agreement, and that no consent of any other person or entity is required by it to fully perform as contemplated by this Agreement.
the person executing this Agreement is duly authorised to do so and (to the fullest extent possible under applicable law) waives its right to claim or subsequently rely on any argument to the effect that its signatory was not duly authorised to bind it to the terms of this Agreement.
once duly executed, this Agreement will constitute its legal, valid, and binding obligations.
it is not aware of any matters which might adversely affect its ability to perform its obligations under or in connection with this Agreement.
TravelPerk does not represent or warrant that:
its Services will always be available, or Customer’s use will be uninterrupted;
it will have particular types of content or travel inventory available; or
unless expressly stated otherwise in the Agreement, that Customer will be able to integrate the Services with those of a third party.
Customer warrants that it shall be responsible for any access to the Servicesthrough Customer’s account(s) and shall promptly notify TravelPerk if Customer becomes aware of any unauthorised use or breach of this Agreement by Customer, its Affiliates or any third party.
LIABILITY
Nothing in this Agreement shall limit or exclude a party’s liability:
for death or personal injury caused by its negligence or that of its employees;
for willful default;
for fraud or fraudulent misrepresentation; and
for any other liability that cannot by law be excluded or limited.
TravelPerk is not liable for Travel Supplier acts or omissions. Once a travel service is booked (including any Element) and confirmed by TravelPerk, all terms and conditions of the Travel Supplier apply to the Customer. TravelPerk will not be liable for any breach, delay, default or deficiency of the services provided by the Travel Suppliers.
Neither Customer or TravelPerk will have any liability arising out of or related to this Agreement for indirect, special, incidental, reliance or consequential damages or damages for loss of use, lost profits, or interruption of business, even if informed of their possibility in advance.
Subject to Clause 8.1 and Clause 8.5, the aggregate liability of each party together with all its respective Affiliates arising out of or related to this Agreement shall not exceed the greater of:
total amount paid by Customer hereunder for the Services giving rise to the liability in the twelve months preceding the first incident out of which the liability arose; or
fifty thousand pounds (£50,000) (the General Cap)
The General Cap will apply whether an action is in contract or tort and regardless of the theory of liability but will not limit Customer's payment obligations under Clause 5 (Fees) above.
In relation to any breach by:
either party (including any of its Affiliates) of Clause 9 (Data Protection) or Clause 10 (Confidential Information), including the DPA;
TravelPerk of Clause 6.1, and which lead to a third-party claim being brought against Customer (or any TravelPerk approved Affiliate) for damages or costs;
Customer of Clause 6.2, and which lead to a third-party claim being brought against TravelPerk (or any TravelPerk Affiliate) for damages or costs,
the aggregate liability of each party together with all its Affiliates arising out of or related to the relevant incident (out of which the liability arose) shall not exceed the amount equivalent to two (2) times the value of the General Cap, up to a maximum liability of £100,000 (one hundred thousand pounds).
(Each party acknowledges and agrees that the exclusions and limitations set forth herein represent the agreement of the parties as to the allocation of risk between them in connection with their obligations under this Agreement.
DATA PROTECTION
The parties have considered the means and purpose of the data processing activity that is contemplated by the provision and receipt of Services under this Agreement and have put in place the data processing agreement at https://www.travelperk.com/legal/data-processing-agreement/ (the DPA). Customer acknowledges that, unless otherwise agreed in writing between the parties, the DPA is applicable to Customer and, where applicable, its relevant Affiliates and confirms that such Affiliates are aware of and agree to the DPA. In relation to the DPA, TravelPerk has adopted the oneDPA (a standard - created collaboratively by a group of leading law firms and in-house teams with input from the wider legal community.
CONFIDENTIAL INFORMATION
Each party and its respective affiliates (for the purposes of this Clause 10, each a Discloser) may disclose Confidential Information to the other party (for the purposes of this Clause 10, each a Recipient) in the context of the Services. Confidential Information shall be deemed to include information disclosed whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information shall not include information which (i) is publicly available at the time of its disclosure; (ii) becomes publicly available (other than as a result of disclosure by the Recipient contrary to the terms of the present Clause); (iii) was lawfully in the possession of the Recipient free of any restriction as to its use or disclosure prior to its being so disclosed; (iv) was independently developed by the Recipient without any breach of the terms of this Clause; or (v) is required by law or regulator or by any court of competent jurisdiction to be disclosed.
The Recipient shall: (i) keep the Confidential Information disclosed by Discloser private and confidential and not disclose any of it to any person other than to the persons who need to know the same for the arrangement of the Services, including, but not limited to Travel Suppliers; (ii) ensure that all persons to whom the Discloser discloses the Confidential Information (in accordance with this Clause) are informed of the terms of this Clause and that such persons are required, prior to disclosure: to observe the terms of this confidentiality Clause or are bound by no less restrictive terms than those contained herein; (iii) use the Confidential Information for the sole purpose of providing or receiving the Services stated in this Agreement; (iv) keep the Confidential Information and any copies thereof secure and in such a way so as to prevent unauthorised access by any third-party.
If, for any reason, the Discloser requests in writing the return of the Confidential Information, the Recipient agrees to return as soon as reasonably practicable or confirm in writing that it has been destroyed. To the extent that such Confidential Information has been stored on the Recipients’ archive or back up electronic systems, the Recipient shall not be required to delete the Confidential Information but shall make reasonable efforts to have the Confidential Information deleted from such systems.
The obligations of confidentiality set out in this Clause shall continue to apply in relation to any Confidential Information retained.
TERM AND TERMINATION
The Term of the Agreement shall run for such period as outlined in the Order Form OR where no such period is identified (or in the event of the expiry of the stated term) it shall continue until either party provides 90 days advanced written notice to the other of its intention to terminate the Agreement in accordance with the provisions of this Clause.
Notwithstanding Clause 11.1, the Agreement may be terminated by either party immediately by notice in writing:
if the other party is in material breach of the terms of this Agreement and, such breach if capable of remedy, isn’t so remedied within fourteen (14) days of party receiving such notice; or
the other party begins insolvency proceedings or becomes the subject of a petition in liquidation or any other proceeding relating to insolvency, liquidation, or assignment for the benefit of creditors or, in relation to the Customer, any analogous event in any relevant jurisdiction.
EFFECTS OF SUSPENSION OR TERMINATION
All payments due under the Agreement shall become payable on the suspension or termination date.
All bookings made by the Customer or Affiliates prior to suspension or termination will remain in full force and effect under this Agreement and subject to the terms and conditions of the Travel Supplier. Payment of such bookings will be made according to the terms of this Agreement.
Upon termination, each party will, at the request of the other party, destroy or deliver up all marketing or promotional material bearing the logo of or any reference to the other party and all the other party’s proprietary and Confidential Information.
Within thirty (30) days of termination, Customer will delete, remove and disable all links and access to all Services and notify its employees, Travellers and Affiliates. Such obligation shall not prevent the Customer utilising any Element confirmed as booked prior to the termination taking effect.
ANTI-BRIBERY, ANTI-CORRUPTION, SANCTIONS COMPLIANCE
Neither TravelPerk, nor any TravelPerk Affiliate, their respective directors, officers, employees or, to TravelPerk’s knowledge, agents or any other person acting on their behalf has directly or indirectly made any bribes, rebates, payoffs, influence payments, kickbacks, illegal payments, illegal political contributions, or other payments, in the form of cash, gifts, or otherwise, or taken any other action, in violation of any applicable anti-bribery or anti-corruption law.
The Services, including the technology on which they operate, may be subject to export laws and regulations of the United States, the European Union, the United Kingdom and other jurisdictions. TravelPerk and Customer (on behalf of itself and its Affiliates) each represent that they are not on any government denied-party list, and undertake to fully observe such laws and regulations during the Term of this Agreement and Customer shall not permit any Traveller to access or use any part of the Services or upload any relevant Customer user data to the Platform in a U.S. embargoed country in violation of any U.S. export law or regulation.
MISCELLANEOUS PROVISIONS
This Agreement contains the entire agreement between the parties in relation to its subject matter and supersedes any prior arrangement, understanding, written or oral agreements between the parties in relation to the subject matter thereof.
Customer may vary certain Services it receives from TravelPerk directly through the Platform (including the nature of its subscriptions). Otherwise, no variation to this underlying Agreement will be effective unless it is in writing and signed by a duly authorised representative on behalf of each of the parties.
If any Clause under this Agreement is deemed null and void, it shall not be considered effective. Such a declaration of invalidity shall have no bearing on the rest of the Agreement, which will continue to be applicable and binding on the parties.
The parties are each independent contractors, and shall not be deemed partners, franchisees, agents, joint ventures or legal representatives of each other, and neither party hereto is authorised to bind the other party or otherwise act in the name of or on behalf of the other party.
No third-party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
Unless otherwise foreseen in this Agreement,
This Agreement and any amendments thereto may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute the same instrument.
Notices may be delivered by email to the email-address indicated in the Order Form.
A signature delivered by electronic or facsimile transmission shall be effective to bind the executing party.
The Customer may not assign or transfer this Agreement, or any portion thereof, to any third party without TravelPerk’s express written consent (consent not to be unreasonably withheld).
TravelPerk will have the right to assign or transfer this Agreement, by giving prior notice to Customer, to TravelPerk Affiliates, or any successor in connection with its merger or the sale of all or substantially all its assets.
DISPUTE RESOLUTION
The parties shall endeavour to resolve amicably and expediently any disputes arising from or relating to this Agreement. Where a party becomes aware that such a dispute has arisen, it shall notify the other party in writing of the dispute and any steps which it considers the other party should take to resolve it (such written notification comprising a Dispute Notice). Following the issue of a Dispute Notice, the parties shall convene promptly and in good faith for the purpose of resolving the dispute stated in the Dispute Notice (or any other matter reasonably related thereto). Should the parties fail to resolve their differences in writing within twenty-one (21) days of issue of the Dispute Notice, either party may consider alternative forms of legal resolution.
No part of this Clause 15 shall prevent a party from seeking injunctive or interlocutory relief.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, whose courts shall have exclusive jurisdiction to settle any dispute arising out of or related to this Agreement. SCHEDULE 1 | CLICK TRAVEL SERVICES
TRAVELPERK SERVICES
TravelPerk offers third party business travel services. In addition TravelPerk is able to provide, on request from the Customer, a range of complimentary services. The summary descriptions below provide an indication of the type of services (including functionality, features and limitations) available within your subscription.
PLATFORM ACCESS AND SUPPORT
As part of your subscription TravelPerk shall provide the following Platform access and support services:
Services |
|
Provision of the Platform | Access to the Platform for all users within the Customer’s organisation. |
Provision of Travel Team | Access to a designated team of expert travel consultants for all users |
Reporting | Standard management information pack. Comprehensive suite of travel reports automatically generated through the Platform (using the Customer’s data), and delivered automatically in accordance with the Customer’s preferred schedule. |
Platform Training | Customised training video link, plus online and face to face sessions (as agreed) |
Account Management | Provision of a named Account Manager and account management meetings (frequency as agreed). |
Implementation | Implementation project management and support to fully implement the services. |
TRAVELPERK COMPLIMENTARY SERVICES
Corporate travel management | ⋅ Consolidated invoicing ⋅ Element booking services ⋅ Approval processes: set up approval workflows for all trips or only those that are out of policy ⋅ Element delivery services ⋅ Bill-back |
Travel assistance | ⋅ Senior 24/7 Customer Care: Get fast-track access to our senior staff at any time. ⋅ Travel agent service |
Access to third party travel inventory | ⋅ Flights, hotels, trains, cars ⋅ Book from TravelPerk’s exclusive rates |
Provision of Travel Team | ⋅ Access to a designated team of expert travel consultants for all users |
Meetings & Events Bookings | ⋅ Access to a designated team of event management specialists via events@travelperk.com to facilitate:
|
Vehicle Rental Services | ⋅ Customer and its Affiliates may book and manage vehicle rental bookings with the Vehicle Rental Company. |
CLICK TRAVEL FLEXIFARE SERVICE OFFERING
The FlexiFare Service allows Customer Travellers to cancel Elements or Trips they book through the Platform for any reason and get a partial refund.
To be entitled to get the partial refund, the individual Traveller must expressly notify TravelPerk’s customer care service of such cancellation in writing (by email or through the Platform) or by phone, within the timeframes stated below. All times are local to point of departure:
Flights: 2 hours before the departure time of the flight at the latest.
FlexiFare Service is subject to the following limitations:
Partial cancellations of flights that are part of the same Trip (for instance, a return flight when the outward journey has been taken would not be refundable) are not refundable by the FlexiFare Service.
Group Bookings and payments made by Customer to Travel Suppliers directly are not refundable by the FlexiFare Service.
Bookings made manually by TravelPerk following Customer’s instructions (e.g., through TravelPerk's Customer Care service) are not refundable by the FlexiFare Service.
Subject to Paragraph 1.2 and 1.3 above, TravelPerk will refund Customer 80% of the costs of the cancelled Element or Trip, up to five thousand pounds (GBP 5,000) per User and up to thirty thousand pounds (GBP 30,000) per Trip.
The refund does not include any mandatory taxes and charges collected by a finance provider or airline in connection with the cancellation of any Element or Trip, including but not limited to credit card or bank commissions or charges, non-refundable airport taxes and involuntary cancellations charges.
TravelPerk may request Customers to provide the reason for cancellation and ask for support evidence for internal information and reporting purposes only. Customer shall provide this information and evidence to TravelPerk so that TravelPerk can comply with its internal needs and fulfil its agreements with third party providers. Customer’s obligation to provide information and evidence of cancellation shall under no circumstances affect Customer’s right to receive the refund for any reason.
Fees payable for the FlexiFare Service shall be indicated during the booking process for the relevant Trip (or Element within it).
Travel Suppliers shall have no rights and obligations in connection with FlexiFare refunds.
TravelPerk refunds are entirely distinct from ordinary refunds processed by TravelPerk in relation to bookings made without utilising FlexiFare. Such ordinary refunds are processed in accordance with the Travel Suppliers’ terms and conditions. 8. SCHEDULE 2 | SERVICE LEVELS
Category | KPI | Target | Measurement |
Customer Care | Call Answering time | 90% within 20 seconds | The SLA achieved by the Customer Care Team during a calendar quarter |
Customer Care | Average email initial response time | 90% within 2 hours from receipt of the email | The average initial response time of all emails received by the Customer Care Team during a calendar quarter |
Customer Care | Availability of on-line services | We guarantee at least 99.5% of the time customers will be able to login to the platform | The average availability of the platform defined as the ability to login to the service during a calendar quarter |
Account Management | Frequency of Review Meetings | A minimum quarterly client review meeting will take place. | Meetings taking place, minutes and actions. |
Account Management | KPI Report delivery | KPI report to be delivered in line with agreed timescales | KPI report delivery |
Account Management | Delivery of MI Reports | MI reports to be instantly available through the online reporting tab. | The average availability of the reporting tab defined as the ability to contact the service during a calendar quarter. |
APPENDIX | DEFINITIONS
Affiliate means any legal person that directly or indirectly controls, is controlled by, or is under common control of Customer, or any legal person with a direct or indirect shareholding or equity interest in Customer, as the case may be
Agreement means, together, the Order Form, the Standard Terms (including the Schedules and Appendices) and the data processing agreement
Bill-back means, the facility through which a Customer or its Affiliates may request payment for Elements to Travel Suppliers is made by TravelPerk and claimed back from the Customer
Customer means the company or legal entity as indicated in the Order Form
Charge means the amount charged for the facilitation of a certain Element
Effective Date means the date of the last signature of a party to the Order Form (unless otherwise indicated on the relevant Order Form)
Element means the online (through the Platform) or offline booking of a flight, train ticket, car rental, hotel reservation or other ancillary services by the Customer (and, for the sake of clarity, offline bookings of products such as multi-destination trips, transfers, chauffeur service or meeting rooms via live chat, email, concierge, message or telephone are also considered Elements)
FlexiFare means a Service provided by TravelPerk, which entitles Customer or Affiliates, if any, to cancel bookings made through the Platform for any reason and to obtain a refund, provided that Customer expressly notifies TravelPerk of such cancellation in writing (by email or through the Platform) or by phone to TravelPerk’s customer care service, within the timeframes and subject to the conditions specified in Schedule 1
Order Form means a physical or electronic order form issued by TravelPerk stating (among other things) the Services to be acquired by the Customer and the Service Fees payable by the Customer
Platform means the Click Travel online travel service platform, accessible to the Customer
Services means the services provided by TravelPerk at Customer’s request (each as detailed in Schedule 1) and any other services that may be offered by TravelPerk and hired by Customer from time to time;
Service Fees means fees applicable to the Services provided by TravelPerk, in the amounts agreed between TravelPerk and Customer as recorded in the Order Form
Term means the period in which this Agreement shall be in effect as stated in the relevant Order Form
Traveller means any legal person who is authorised by Customer to access the Platform and benefit from the Services. Travellers may include, for example, Customer’s and its Affiliate’s employees, consultants, contractors, representatives and/or agents
TravelPerk Affiliates means any entity that directly or indirectly controls, is controlled by, or is under common control of TravelPerk, or any party with a direct or indirect shareholding or equity interest in TravelPerk, as the case may be
Travel Supplier means those third-party entities which provide airline, train, ferry, hotel and other accommodations, car rental or other travel services
Trip means the reservation made either online through the Platform or offline by Customer of up to eight (8) Elements and for up to eight (8) Travellers who share the same itinerary. For the sake of this Agreement, sharing the same itinerary shall mean sharing the same flight, train trip, accommodation in the same hotel or other types of Elements