1. INTRODUCTION
1.1. You are currently browsing to the booking website of www.joiners.ph (hereinafter “JOINERS.PH”) is operated by Island Trek Tours, a duly license travel agency in the Philippines.
1.2. We urge you, in your capacity as user (hereinafter the “User”) to review these general terms and conditions (hereinafter the “Terms and Conditions”) as well as any specific conditions appearing on the pages of the Website governing your use of the website www.joiners.ph (hereinafter the “Website”) and your relationship with Island Trek Tours.
1.3. These Terms and Conditions are more specifically related to your legal rights and responsibilities applicable as soon as you use the Website to place orders for offers of tourism, leisure, and entertainment services (hereinafter “Services”) provided by independent local providers of JOINERS.PH (hereinafter “Partners”) and specifically identified as such on the Website.
1.4. JOINERS.PH is thus not the seller of Services purchased through the Website; only the Partner, whose name is indicated on the description sheet of each Service, is the User’s co-contracting party for the purchase of those Services.
1.5. Any booking of Partner Services on the Website implies full and complete acceptance of these Terms and Conditions and the payment of the sums due for the bookings made.
1.6. These Terms and Conditions may be amended and updated at any time, without notice. It is imperative for the User to consult the Website regularly. Updates apply once they are posted on the Website. However, such changes shall not apply to orders previously accepted by the Partners and confirmed by JOINERS.PH.
2. USE OF THE WEBSITE
2.1. The Website is made available to you free of charge (excluding connection charges) for your personal use, subject to compliance with the terms and conditions set out below. Your use of this Website implies your full and complete acceptance of all of these Terms and Conditions.
2.2. Your use of the Website is intended for non-commercial use and/or to make legitimate requests to book offered Services. You agree not to use the Website to make speculative, false, or fraudulent requests. You agree not to use robots or other automated means to access the Website, except with special permission from JOINERS.PH.
2.3. The role of the Website is to assist the User in searching for travel and tourism Services and making the appropriate bookings. The User must be at least 18 years of age, be legally capable of entering into a contract, and use this Website in accordance with the Terms and Conditions.
2.4. You may use the Website only to make bookings or purchases for legitimate purposes. No use or diversion of purpose is authorized, particularly for purposes contrary to public policy or good morals.
2.5. If you fail to comply with these requirements, we reserve the right, at any time and without notice, to prohibit you or restrict your access to all or part of the Website, without prejudice to all damages.
2.6. Except in case of fraud, for which you have the burden of proof, you are financially responsible for all actions taken on the Website, particularly the use of your e-mail address and password. You also guarantee the truthfulness and accuracy of the information about you provided on the Website.
2.7. All copying, reproduction, new publication, downloading, sending on the Internet, broadcast, transmission, provision to the public, or uses of the Website’s content (text, images, URL, pricing information, etc.) for purposes other than personal and non-commercial use are strictly prohibited. Any other use of the Website’s content requires the written permission of JOINERS.
3. BOOKING OF SERVICES
3.1. Certain Services marketed on the Website are subject to availability. However, JOINERS.PH cannot guarantee the availability of all of the Services of the Partners for all of the proposed dates. No claim for compensation may, therefore, be made if the chosen Service is not available.
3.2. Any booking will be considered effective only upon the User’s receipt of the voucher confirming the order and not the payment confirmation sent by JOINERS.PH. The contract shall, therefore, be formed starting from the confirmation of the booking by JOINERS.PH.
3.3. The User may not place orders through the Website until after confirming these General Terms and Conditions as well as any applicable Specific Terms and Conditions of the Partners.
3.4. The confirmation of the order, which includes its essential information, such as the identification of the ordered Service(s) and the price, shall be sent to the User by e-mail shortly after the order date. By printing and/or saving this e-mail, the User will have a way to prove his/her order and the formation of the contract.
4. FEES AND CHARGES OF SERVICES
4.1. The mentioned prices of the Services on the Website, except from the basket, are expressed per person. Unless otherwise stated, the prices include all taxes.
4.2. Prices are likely to change without notice and become final only after the User’s receipt of the confirmation of his/her purchase. The display of prices is not a guarantee in itself. They are mentioned for information purposes only, particularly for foreign currencies.
4.3. Prices include all of the Services indicated in the description of each excursion, tour, or activity.
4.4. Prices mentioned on the Website are valid only for bookings made on the Website, directly online.
4.5. Promotions mentioned on the Website are valid only on the Website. They may not be claimed on another channel of sale. They meet certain characteristics, particularly with regard to dates, that will be mentioned. Certain transactions may be subject to bank charges. The User is therefore responsible for contacting his/her bank for information about the corresponding amounts and terms.
5. PAYMENT TERMS
5.1. Payment must occur at the time of the booking of the Services by using the secure payment system in place on the Website.
5.2. To confirm a booking, full payment must be made.
5.3. The price corresponding to the booked Services is charged to the bank card.
5.4. For an order for Services that could not be confirmed due to lack of availability, the price corresponding to the unavailable Services actually collected by the Website, where applicable, shall be credited back to the holder’s bank card within 72 hours of placement of the order.
5.5. Only the following payment cards are accepted on the Website: Bank Deposit, Money Remittance Transfer, MasterCard, Visa, American Express, JCB, and PayPal.
5.6. The payment shall be indicated on the card statement under the name IslandTrek. JOINERS.PH shall then pay the collected amounts to the Partner responsible for the purchased Service once the order for that Service is confirmed by that Partner.
6. PROCESSING AND CONFIRMATION OF ORDERS FOR SERVICES
6.1. JOINERS.PH shall process the User’s booking within an average period of two business days (an average period also depending on the diligence of the Partners) of placement of his/her order.
6.2. Once the availability of the ordered Service has been confirmed by its Partner, final confirmation of the User’s order shall be given by way of the voucher sent to him/her by JOINERS.PH at the e-mail address provided by the User on the Website. This voucher shall contain all of the information relating to the corresponding Service as well as, where permitted, a withdrawal form.
6.3. The User is required to check his/her e-mail, or the Website if so permitted, to access his/her voucher and is solely responsible for printing it.
6.4. The User may print or show his/her voucher and present it to the Service Provider to allow it to honor the booking.
6.5. To prevent any fraudulent use, identification may be requested as well as the signing of the voucher or the presentation of the bank card used for the order.
6.6. In no case may the bank statement alone act as proof of purchase.
6.7. If the chosen Service is unavailable, the User is informed within 72 hours of placement of his/her order, and the amount actually paid for the Service is credited back to his/her account.
6.8. No claim for compensation may be made if the chosen Service is not available.
7. CHANGES TO BOOKING
7.1. Changes are possible only for Services that do not indicate “non-modifiable, non-cancellable”.
7.2. Any authorized change is considered a cancellation and a placement of new bookings. Cancellation fees are therefore applied.
8. CANCELLATION OF BOOKING
8.1. You may cancel your Voucher by contacting JOINERS.PH customer service within the cancelation period, as stated at the time of purchase on the Website. 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.
8.2. The Partners, not JOINERS.PH, 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.
8.3. Please directly consult with the Partners 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 Website at the time prior to purchase.
8.4. If an Event which you have purchased a Voucher for is canceled by the Partners, JOINERS.PH will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.
8.5. No interruption of a tour or service by the User will result in a refund. Any User who arrives after the departure time of the Service shall be considered a “no show” and shall not receive a refund, regardless of the reason for his/her delay.
8.6. The Partners reserve the right to cancel or modify certain tours without notice if the comfort or safety of the travelers so requires, in case of force majeure, strike, demonstration, administrative decision or exceptional closing, etc. JOINERS.PH may not be held responsible for such decisions.
8.7. In such a situation, JOINERS.PH shall make every effort to ensure that the User is informed and that the most appropriate solution is found. This information shall be sent in writing to the User, who must express his/her choice as soon as possible. If JOINERS.PH’s new proposals do not satisfy the User, he/she may request a total refund for the Service booked on the Website, specifying the booking number communicated to him/her.
8.8. Certain Services involving a flight may be postponed, including at the last minute, due to weather if the minimum conditions (visibility and ceiling) are not met or for technical reasons. The terms of information, reporting, extension of validity of the voucher, or cancellation of the Services concerned appear directly on the page of the Website relating to the Service concerned.
9. COMPLAINTS
9.1. Any complaint must be received by JOINERS.PH within 45 days following the date of completion of the Service in question. Complaints must be formalized by completing and sending via the Website the dedicated form made available to you on the Website on the contact us page.
10. PHOTOS AND ILLUSTRATIONS
10.1. The best efforts are made to provide photos and illustrations giving the User an overview of the proposed Services. The purpose of these photos and illustrations is to indicate the category of accommodation or the degree of comfort to the User and may not be the source of any commitment beyond this purpose.
10.2. JOINERS.PH and its Partners may not be held responsible and may not guarantee the return of personal belongings and baggage forgotten on coaches, mini busses, or in any other place.
11. PASSPORTS, VISAS, DOCUMENTS, LICENSES & INSURANCES
11.1. It is the responsibility of all users, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
11.2. No refund may be given in case of a lack (or loss) of the necessary documents.
11.3. As visa and health requirements are subject to changes without notice, JOINERS.PH recommends that you verify health and visa requirements with the appropriate consulate prior to departure.
11.4. You acknowledge that some Partners 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.
11.5. JOINERS.PH strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.
12. INDEMNITY
12.1. You will indemnify and hold JOINERS.PH, 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 website, use of the website, 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 User ID.
12.2. JOINERS.PH 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 JOINERS.PH without JOINERS.PH’s prior written approval. JOINERS.PH reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.
13. Termination
13.1. This Terms of Use shall remain in full force and effect while you use our website or the Services. JOINERS.PH 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. JOINERS.PH may also terminate or suspend any and all Services and access to website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms and Conditions.
13.2. Upon termination of your JOINERS.PH Account, your right to use the Services, access the website, and any Content will immediately cease. All provisions of this Terms and Conditions which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
13.3. If this Terms and Conditions is terminated as a result of your breach, JOINERS.PH reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you.
14. APPLICABLE LAW
This Terms of Use shall be governed by the laws of Cebu Province Philippines. You agree to submit to the non-exclusive jurisdiction of the Cebu Province court.
15. CONTACT
15.1. Please contact JOINERS.PH at support@joiners.ph to report any violations of this Terms and Conditions or to pose any questions regarding this Terms and Conditions or the Service.