YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 9 (LIMITATION OF LIABILITY).
The following definitions and rules of interpretation apply in these Conditions.
Booking |
a booking made between you and a Traveller for Products which is subject to the Traveller Conditions. |
Business Day |
a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business. |
Chargeback |
any instance where a Traveller challenges a charge made to their debit or credit card, and as a result of such challenge the issuing bank reverses the Transaction such that monies paid by the Traveller for the relevant Product are returned to the Traveller. |
Chargeback Costs |
where a Chargeback is made in relation to a Product in respect of which the Services are supplied, any costs we incur which are associated with such Chargeback shall be known as Chargeback Costs |
Conditions |
these terms and conditions as amended from time to time in accordance with clause 11.5. |
Contract |
the contract between you and us for the supply of Services comprising the Conditions, the Contract Cover Sheet and the documents referred to in the Contract. |
Contract Cover Sheet |
The cover sheet containing the commercial details relevant to the Contract, attached at the start of the Contract. |
Controller, processor, data subject, personal data, personal data breach, processing and appropriate technical measures |
as defined in the Data Protection Legislation. |
Data Protection Legislation |
the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications). |
EULA |
the end user licence agreement which any user of the System is required to agree to and comply with when using the System, a copy of which is available at [insert web link]. |
Fees |
the amount we charge you for your licence to use to the System and for supply of the Services, as described in the Contract Cover Sheet, which are payable in accordance with clause 5 including (for the avoidance of doubt) Chargeback Costs, Transaction Fees and Payout Fees. |
Funds |
the monies paid by a Traveller to us, in relation to a Booking, which are held by us in accordance with the Trust Deed. |
Intellectual Property Rights |
patents, copyright, trade marks and domain names, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, registered or unregistered which subsist now or in the future in any part of the world. |
Negative Balance |
any situation where the Fees that are due to us exceed the balance of any Funds held by us on your behalf in the Trust Account. |
Net Funds |
has the meaning given to it in clause 5.3. |
Our Materials |
the documents and materials which we make available to you through the System as part of the Services which may include (but is not limited to) statements, reports, financial information and management information. |
Payout Fee |
The fee payable by you to us for the transfer of funds, as detailed in the Contract Cover Sheet. |
Product |
a product purchased by a Traveller from you pursuant to the Traveller Conditions. |
Refunds |
any situation where you decide to refund a Traveller money paid by such Traveller in respect of a Booking made by the Traveller. |
Rolling Reserve |
any Funds retained by us to protect us against any Fees due to us and any Chargeback Costs, Transaction Fees and/or Refunds which may be applied to your Bookings, as specified in the Contract Cover Sheet. |
Rolling Reserve Period |
The period during which any Rolling Reserve amount shall be retained, as specified in the Contract Cover Sheet. |
Services |
the services detailed in the Contract Cover Sheet. |
Start Date |
the date specified in the Contract Cover Sheet. |
Statement |
has the meaning given to it in clause 5.2. |
Statement Period, Statement Notification Date, and Statement Payment Date |
have the meanings given to these terms in the Contract Cover Sheet. |
Supplier |
any third party supplier used by you to provide Products to your Travellers. |
Supplier Payments |
any payments you instruct us to make on your behalf to a Supplier, in accordance with clause 3.7. |
System |
the software system operated by us known as Trust My Travel which is licensed to you pursuant to this Contract and the EULA, through which you can access the Services. |
Transaction |
any attempt by a Traveller to make or receive a payment for a Product using any form of debit or credit payment method. |
Transaction Fee |
the fee we charge you for each Transaction, as specified in the Contract Cover Sheet. |
Traveller |
any person or entity which purchases a Product from you. |
Traveller Conditions |
the terms and conditions which we require are entered into between you, us and the Traveller so we can provide the Services, a copy of which is available at https://legacy.trustmytravel.com/ terms/. |
Trust Account |
the bank account we operate for the deposit of Funds on trust which shall be administered by our trustees in accordance with the Trust Deed. |
Trust Deed |
the deed of trust governing the administration of a Trust Account which we operate in relation to the Services. |
UK Data Protection Legislation |
all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679) (GDPR); the Data Protection Act 2018; the Privacy and Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003, as amended. |
We, us, our |
Trust My Travel Limited, company number 07686704 |
You, Your |
the Travel Provider whose details are contained in the Contract Cover Sheet |
Schedule 1 – Service Description