Tripmonster Terms and Conditions

1. Use of the Website

Please read the Terms and Conditions carefully before using our website; remember that making a purchase means you accept these Terms and Conditions.

1.1. The websites www.tripmonster.com (https://www.tripmonster.com) and www.tripmonster.in (https://in.tripmonster.com), hereinafter the “WEBSITES”, belong to Travelgenio SL,  a company with a registered address at c/Albasanz, 15, Edificio A, 2º Izq., 28037, Madrid (España) and VAT code CIF B85761120, entered in the Mercantile Register of Madrid at Volume 27001, Book: 0, Folio: 1, Section: 8, Sheet: M 486495, Entry: 1; the company’s corporate object is to be a Travel Agency, and for that purpose it has a licence issued by the Community of Madrid, number CICMA 2333, under Decree 99/1996 of 27th June regulating the pursuit of the activities of travel agencies in the Community of Madrid.

1.2.TRIPMONSTER offers use of the “Websites” to procure its online travel agency services, for which the user, hereinafter THE USER, of the same must accept without modification the General Terms and Conditions stated here. The User expressly indicates acceptance and compliance without reservation to all TRIPMONSTER’s General Term and Conditions. Users who do not accept our Terms and Conditions are not entitled to use TRIPMONSTER Websites.

1.3. The User declares to be of legal age with the legal capacity to acquire the services offered through TRIPMONSTER’s Websites. The User also states that all the information they supply to access this Website and during their use of it is true, complete and accurate.
Users are exclusively responsible for their use of the Websites, and that responsibility means they accept and know about the legal disclaimers and terms and conditions of use for the site. Tourism products and services booked and purchased by the User on this Website are governed by the purchase terms and conditions which must be expressly accepted.
TRIPMONSTER may make changes, adaptations and modifications to the Websites at any time, without the need for prior notice.

1.4 The User undertakes to use the Websites correctly, as well as the utilities provided in accordance with law, these general terms and conditions, and any instructions and notices that may be communicated.

The User undertakes to use the Websites and all their content exclusively for lawful and non-prohibited purposes which do not infringe current law and/or might injure TRIPMONSTER’s legitimate rights and/or might cause direct or indirect loss.

To that end, the User shall refrain from using any Website content for purposes or effects that are unlawful, prohibited, injurious to the rights and interests of third parties or which in any way may damage, render useless, overload, deteriorate or prevent normal use of the website, computer equipment and documents, files and all types of content stored on any computer equipment (hacking) of the company, or other Users or any Internet user (hardware and software).

In accordance with the above, the User undertakes to use the content made available to Website Users, including, but not limited to, texts, photographs, graphs, images, icons, technology, software, links and other audiovisual or audio content as well as their graphic design and source codes (hereinafter the “Content”), in accordance with law, the present General Terms and Conditions, other notices, regulations for use and instructions brought to their knowledge, as well as generally accepted public morality and public order and in particular, undertakes not to:

  • reproduce, copy, distribute, make available or in any other way publicly communicate, transform or modify the Content, unless authorised to do so by the holder of the corresponding rights or if permitted by law;
  • eliminate, manipulate or in any other way alter the copyright and other identification details of the reservation of TRIPMONSTER’s rights, digital fingerprints or any other technical means established to recognise those rights.

The User shall abstain from obtaining and even attempting to obtain the Content using means or procedures other than those which, as appropriate, have been made available to them for that purpose or have been indicated for this purpose on the website where the Content is located or in general, are commonly used on the Internet for this purpose, provided they do not involve a risk of damaging or rendering the Website, Services and/or Content unusable.

It is forbidden to use the graphic and text files on the Website for commercial purposes and/or subsequent distribution. The images and audiovisual resources available here are for the exclusive use of Users of the Websites and for informative purposes only. It is therefore prohibited to use them to illustrate the activities, products or events of other companies, services or products.

1.5 The User undertakes to respect TRIPMONSTER’s industrial property rights and those of any other third party. The use or granting of access to the Websites does not involve the granting of any right over the brands, trade names or any other distinctive mark used therein.

The User may download the website on their terminal for private use only, with no commercial objective and may not therefore exploit, reproduce, distribute, modify, publicly communicate, assign, transform or use the website content for public or commercial purposes.

The Content is the intellectual property of TRIPMONSTERor of third parties who have assigned the content voluntarily and the User cannot be understood to have been assigned, under any concept, any of the operating rights or any other rights which exist or may exist over said Content beyond what is strictly necessary for the proper use of the Websites.

1.6 TRIPMONSTER does not guarantee the availability or continuity of Website operation. Whenever reasonably possible interruptions to operation of the Websites will be notified in advance.

Access to the Websites is of indefinite duration; nevertheless TRIPMONSTER reserves the right to suspend without notice access for Users who it considers to have breached Website usage rules and take the opportune legal action.

1.7 TRIPMONSTER excludes any liability for loss and detrimental consequences of any type which may stem from: interruption of Website operation or inability to access the Websites; privacy and security in use of the Websites by the User, and/or access by unauthorised third parties; any transfer of elements with a negative impact on computer systems; and the accuracy, comprehensiveness and timely updating of the content on its Websites.

2. Agreement

2.1 Through TRIPMONSTER Websites, the User can access information on third party products and services related to tourism and travel and, in certain cases, may book and purchase some of said products or services through the corresponding suppliers, like airlines, or package tour operators.

2.2 The sale of travel services and other tourism products and services to the User through the Website will be done by TRIPMONSTER, a Travel Agency with the necessary permits and licences to carry out its activity.

2.3 The booking or purchase of products or services from suppliers or package tour operators chosen by the User shall be subject to the specific terms and conditions established in each case by those suppliers and package tour operators. The User agrees to accept and comply with the terms and conditions of purchase established by any supplier or organiser the User chooses to contract with, including but not limited to, payment of any amounts accruing and compliance with any rules and restrictions on the availability of prices, products and services. Any special rules or restrictions affecting certain prices, products or services chosen by the User may be accessed in the specific information on your reservation in the section Mytrips on our website.

3. How to purchase services

3.1 To purchase a service on our Websites you must complete the following steps:

  • Choose the required service through the search and quote processes on our Websites.
  • Access the Payment pages where you must indicate the necessary concepts to purchase the service.
  • Provide the details of the service and personal details such as number of passengers, names, telephones, emails, ages, etc.
  • Accept the conditions indicated on the payment pages.
  • And obtain the confirmation locator which will be provided after the above requirements have been completed.
  • When the purchase has been formalised, the User will be sent the information and documents required for provision of the purchased services. If any error is detected as regards the purchased service or the customer’s name, the User must immediately contact TRIPMONSTER’s customer service department. TRIPMONSTER acts as a mere intermediary for tourism service providers and therefore cannot guarantee that any errors found will be corrected free of charge. In addition, TRIPMONSTER will charge EUR50.00 (including VAT) per passenger by way of a handling fee in all cases.

4. Booking terms and conditions

4.1. Cancellations and Changes:

4.1.1 If an airline stops operating due to insolvency or for any other reason, TRIPMONSTER, in its capacity as intermediary, shall notify passengers of said circumstance together with any relevant information it has. In such cases, the passenger must claim the refund on unused tickets from the airline because the contract of carriage is formalised between the passenger and the airline marketing the flight.

4.1.2 Note that if you purchase a return ticket but do not use the outbound flight, some airlines reserve the right to cancel the return. If you are not planning to use the outbound flight, we recommend you consult TRIPMONSTER or the airline directly at least 48 hours before the departure of your flight.

5. Fee for travel agency services: Management, Cancellation, Change, Refund and Dispatch costs

5.1 Under Decree 99/1996 of 27th June, regulating the pursuit of the activity of travel agencies in the Community of Madrid, Article 19, TRIPMONSTER receives a service fee for its airline ticket broker services. The customer or user of these services will be previously informed of the service fee.

5.2 The service fee includes management costs or administrative costs which are never refundable.

5.3 Additional costs will be applied in the following cases:

  • €50.00 (VAT INCLUSIVE) for telephone bookings.
  • CHANGES, CANCELLATIONS, REFUNDS AND DISPATCHES

5.4 If the User so requests, changes, cancellations, refunds and dispatches in relation to the purchased airline service or any other tourism service may be arranged through TRIPMONSTER provided the airline or the service provider and the purchase price permit the change, cancellation or refund.

  • €50.00 (VAT INCLUSIVE) per passenger for managing changes or cancellations.

5.5 In any event, the User will be responsible for notifying TRIPMONSTER in writing within its business hours (48 hours before departure) of the requested change, cancellation, refund or dispatch to then be informed of whether it can be done and if there are any penalties and steps to take.

5.6 Prices and payments

5.6.1 TRIPMONSTER accepts debit and credit card payment with Visa, Mastercard, American Express, Diners Club, Visa Electron and Maestro and payment methods Paypal, CB, JCB, Ideal and Trustly.

5.6.2 Visa and Master Card have developed a secure online payment system. The Secure Electronic Commerce system is based on the card Issuer (bank or savings bank) identifying the card holder before authorising the online payment. TRIPMONSTER adheres to this security protocol and so when the product to be purchased has been selected and you have entered your card number, the Issuer’s window will open requesting your identification, showing one of the following icons:

5.6.3 Your card details and password are protected by this security system from the moment they are entered. When identification is complete, the Issuer notifies TRIPMONSTER that the card holder is making the purchase so that the process can be completed. If the identification is not satisfactory, the Issuer notifies TRIPMONSTER so it may proceed accordingly. This window is outside TRIPMONSTER’s control and the Issuer is responsible for any incident that may arise with it. If you find yourself in this situation you must contact the Issuer.

5.6.4 The payment method and security requirements in the purchase process comply with the well-known PSD2 directive or European legislation regulating the provision of payment services and electronic payment transactions. It was transposed to Spanish legislation by Royal Decree law 19/2018 of 23rd November on payment services and urgent measures on financial matters. In TRIPMONSTER it affects purchases paid for by Bank Card.

One of PSD2’s main objectives is to improve online security and reinforce protection against fraud in online banking transactions.

One of the main security measures is the obligatory application of Strong Customer Authentication (SCA) in all electronic purchases from 1st January 2021 provided none of the exemptions contemplated in the regulation apply. This strong authentication requires 2 factors to be applied to be chosen from: something the user knows (e.g. password), something the user has (e.g. mobile) and who the user is (e.g. fingerprint or face). The first factor is no longer sufficient, 2 factors are required (2-factor authentication or SCA).

The secure purchase process and authentication requirements depend on the issuing bank and may consist in the code you receive in an SMS + a second factor, or validation through your bank’s app. Please find out what your bank does so you are ready to make your next purchases.

The User is responsible for the safekeeping and preservation of the elements used in the authentication process and TRIPMONSTER has no other responsibility over them.

5.7 Refunds

Refunds, where admissible, shall be made with the payment method originally used at the time of the booking; in any event they shall be paid to the user who made the payment originally.

5.8 Migration and health requirements

Each country has the power to establish its own entry requirements and to establish health requirements for nationals from other countries. Please note that such requirements usually vary according to the passenger’s nationality.

The rules on passports and visas may change and so you must consult the relevant embassy long before your visit.

It is the User’s exclusive responsibility to obtain the necessary documentation to make the trip, including passport, visas and health documents. Any loss due to lack of that documentation shall be to the User’s account and in particular, the costs of interrupting the trip and any repatriation.

We recommend, therefore, that you always check the different formalities for the chosen destination and transit countries and the time required to complete all the related steps.

5.9 One-way trips

To enter most countries you must have an outbound ticket from that country and sufficient funds to remain in the territory for the time indicated on your travel documents. We advise you check with the consulate of the destination country before purchasing your tickets. If you do not comply with this or any other immigration requirements the airline may not allow you to embark.

6. Products and services terms and conditions – Flights

6.1 Price restrictions

6.1.1. TRAVELGENIO SL acts at all times in its capacity as intermediary between users and the airlines with which users formalise the contract of carriage directly. You are hereby notified that the particular terms and conditions of each price in relation to changes and cancellations are established by each airline and it is the user’s responsibility to ensure they understand that when confirming their purchase they are accepting those terms and conditions.

6.1.2 If, due to causes attributable to the user, the user does not show up for the flight, that will give rise to a “no show”. Remember that within the period of ticket validity you can always request the refund of refundable, unused taxes.

6.1.3 For voluntary cancellations of the trip by the passenger, TRIPMONSTER recommends taking out our cancellation products when reserving your ticket.

6.2 Price combinations

6.2.1 With the aim of offering you the best and widest options for your trip at all times, our system can combine two “one-way” prices rather than a “return” price. Also, in the case of price combinations, for changes and cancellations the specific terms and conditions of each price will apply.

6.2.2 Sometimes, and with the aim of offering the most competitive prices our search engine offers flight combinations resulting from the combination of 2 bookings, one for the outbound flight and the other for the return flight. When booking this option, a booking will be made for the outbound flight and another booking for the return flight with two different locators, which are treated as independent reservations for changes and cancellations according to the specific terms and conditions of each of the airlines involved.

6.3 Specific terms and conditions for Low Cost flights

6.3.1 TRIPMONSTER offers the opportunity to reserve tickets with low cost airlines. Tickets from low cost airlines are not issued by  TRIPMONSTER but by the airline and so the passenger directly formalises the contract of carriage with the airline.

6.3.2 After the airline has confirmed your booking you will receive a confirmation email from TRIPMONSTER with your flight details.

6.3.3 If you want to make changes or request special services, you must contact the airline directly. TRIPMONSTER cannot make changes or refunds for Low Cost bookings as it does not act as the agent for low cost airlines. The confirmation email we send you will contain the airline’s contact details.

6.3.4 Note that none of the Low Cost airlines permit the transport of pets and there are limitations on authorising Special Services. You must contact them to find out.

6.3.5 Children under 14 years of age cannot travel without an adult aged 16 or more. Low cost airlines do not generally allow unaccompanied children under the age of 14 years to board the plane.

7. Additional terms and conditions that apply

Passenger rights under Regulation EC 261/2004.

Note that if you travel inside or outside the EU you may be entitled to bring an action against the corresponding airline, in the case of cancellations, delays or if they do not allow you to embark.

Find more information on Regulation EC 261/2004, here.

To make a purchase on the Websites, the User will be asked for the identification details for the passengers/travellers and the payment method. This process is performed in several steps. When those details have been entered and before you make the purchase you will be shown the details so you can check them and then proceed to the purchase. Also, when the purchase has been made, you will be sent a confirmation email with all the information on the purchase and proof of purchase.

It is extremely important and the User’s sole responsibility to check carefully the identification details entered when making the reservation such as name and surnames, document or passport number, email address, telephone, etc. because when the tickets have been booked or the service vouchers are issued, any change, modification or cancellation will be subject to charges and penalties.

The User must have made the payment before the booking can be confirmed.

TRIPMONSTER reserves the right to request additional information from the customer to verify the purchase.

The fact of requesting a booking involves commitment from the customer to authorise the charge on the credit or debit card they supply. If it is not possible to charge the credit card (rejected transaction) the customer should know that as the booking has not been paid for it cannot be confirmed.

Airline tickets are paid for by credit or debit card before the tickets are issued.

The prices indicated on the Websites include airport taxes. They do not include the cost of visas, or departure taxes for a territory which can be paid in local currency or US dollars in that territory. Variations on the applicable price due to delay in paying for the booking from the moment of the booking to the moment the ticket is issued shall be passed on to the customer.

The User must check the airline, locator and the price regime applied when procuring the service.

8. Rights, limitations and jurisdiction

8.1. Copyright and Intellectual Property Rights

All the Website content (including text, images, trademarks, designs, software, etc.) is the property of TRIPMONSTER or its content suppliers and is protected and recognised nationally and internationally. It may not be copied, used or distributed in any way without express permission from TRIPMONSTER.

8.2 Applicable law

On all points, the present general terms and conditions are governed by Spanish law.

8.3 Liability rules under EU legislation and the Montreal Convention

As indicated above the contract of carriage is formalised directly between the User and the airlines operating the chosen flights.

Passengers are advised to check in at least one and a half hours (90 minutes) before their flight in the case of national flights and three hours (180 minutes) in the case of international flights and if the flight has a US airport as a destination or stopover, three hours (180 minutes) before.

Remember that upon arrival at the airport if your luggage does not arrive or damage is detected you must immediately fill in the Property Irregularity Report (PIR) at the same airport.

9. Information on the right of withdrawal

That is, the user’s right to cancel a contract in certain cases without the need to justify their decision or pay any penalty.

Under Article 103 section 1) of Royal Legislative Decree 1/2007 of 16th November approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the right of withdrawal does not apply to contracts for the supply of accommodation services for purposes other than that of serving as a residence, transport of goods, vehicle rental, food or services related to leisure activities if the contracts contemplate a specific date or period of execution.

As regards the transport of persons, under Article 93 k) of Royal Legislative Decree 1/2007 approving the revised text of the General Law for the Defence of Consumers and Users, the regulation of distance sales (except for Article 98.2) it does not apply to passenger transport service contracts. Therefore in bookings for passenger transport services the right of withdrawal does not apply. If the USER expresses a wish to cancel the tickets purchased, the cancellation terms and conditions for the company in question shall apply.

10. Confidentiality

10.1. TRIPMONSTER respects your right to privacy. We understand how important it is to keep the data that identify you private and secure. To that end, in relation to our confidentiality policy, we would like to inform you of the following:

10.2. When you order a product or service through our Website you must specify your name, email address, credit or debit card number, card expiry date and telephone number. These data will enable us to process your order and inform you of its status.

10.3. If you participate in a competition or promotion, we will ask for your name, postal address and email address. These data are necessary for organising competitions and notifying the winners.

10.4. We do not transfer your personal data to any third party outside our organisation. If you book or purchase a product or service through our Website, we may, however, provide said data to third parties with whom TRIPMONSTER has commercial relations and they may be resident anywhere in the world. We may also provide said third parties with global statistics on our sales, customers, data traffic and other website information but said statistics will not include any data that may identify you personally.

10.5. We only collect and use the personal data we consider necessary to provide high quality customised services, which can include advice and information on our products and services and the opportunities which we feel may be of benefit to you.

10.6. By registering with TRIPMONSTER and expressly accepting to receive our bulletins, Users also agree to receive useful information from companies we have selected previously to send you offers, promotions and recommendations on products and services we think may be of interest to you.

10.7. We will send all the necessary information to the provider you select when making a booking through our Website and we ask you to comply with these same rules.

10.8. We also have strict security procedures on the storage and disclosure of data to prevent any unauthorised access to them pursuant to the Organic Law on Data Protection and Guarantee of Digital Rights, 3/2018 in force in Spain.

11. Use of cookies

11.1. Cookies are fragments of information the browser stores on the hard disk of your computer. Each time you visit TRIPMONSTER’s Website our server will recognise the cookie and provide us with information on your last visit. Most browsers accept the use of cookies automatically but the browser setting can usually be modified to stop that. Even if you decide not to accept cookies, you may continue using most of the services on our Website, including the purchase of products or services.

11.2. If at some point you want to send us a comment or complaint on the way we use your personal data, please let us know through our contact form.

12. Data Protection

Personal data supplied by Users to use the Website are subject to the privacy policy contained in “Data Protection”.

12.1.- COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

All the Website content (including text, images, trademarks, designs, software, etc.) is owned by TRIPMONSTER’or its content suppliers and is protected and recognised nationally and internationally. It may not be copied, used or distributed in any way without express permission from TRIPMONSTER.

13. Use of the Websites

The Websites are solely and exclusively for Users’ personal use. They may not be modified, reproduced, duplicated, copied, distributed, sold, resold or otherwise exploited for commercial or any other purpose. You undertake not to use this Website for unlawful or prohibited purposes.

14. Links to other websites

The Website may contain links to other websites over which TRIPMONSTER has no control and for which TRIPMONSTER obviously accepts no liability. TRIPMONSTER does not sponsor or guarantee any of these third party websites which have been included for Users’ convenience.

15. Processes, Consultations and Complaints

Users may submit their requests for processes, consultations and complaints to TRAVELGENIO, S.L. using the following contact details:
MyTrips exclusive website for customer service processes where you will find detailed information on your booking and you can initiate your requests to cancel, change, consult on payment, etc.

Postal address Calle Albasanz 15, Edificio A, 2º izq., 28.037 Madrid

Email: [email protected]

Finally, through the following link you will find information on the European Union’s Online Dispute Resolution platform: https://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&format=PDF

 

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