What We Do
Waybird is the platform for travel advisors. Waybird allows you to build itineraries, manage bookings, and accept payments form your clients, all in one easy to use model. The platform gives you access to our trusted suppliers, so that your next trip will be a success!
By use of our website, you agree to and abide by these Terms of Service. Your access to and use of the website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the website (“you”, “your” and, “user”). Client refers to the individual or group using the travel services. Our terms include important legal obligations and waivers INCLUDING AN ARBITRATION CLAUSE AND WAIVER OF CLASS ACTION that you agree to in exchange for the use of our Service. Please do not use the Waybird website (“website”) if you do not agree to these Terms of Service.
You acknowledge and agree that we may change these Terms from time to time and that those changes become effective immediately. If we make material changes, we will provide you notice. The newest version of our Terms will always be posted on the Site. Your continued use of our services following the notice of any changes constitutes your acceptance and agreement to be bound by such changes. If you object to any changes, you must immediately discontinue using the Site.
Agreement with Client
For all other bookings, the contract with the client will be between Waybird and the client. All payments shall be processed by Waybird for which Waybird will retain a fee. Travel Advisors must supply the client with the Waybird Booking Terms and Conditions at the time of booking. Waybird shall not be responsible for a Travel Advisor’s failure to provide the Booking Terms and Conditions to the client.
Using the Website
As part of our website, we offer membership accounts and may change the features from time to time. If you sign up for a membership plan, you agree to the terms, conditions and limitations associated with them that are posted on our websites or applications.
Membership will be charged at the applicable Membership Fee, which is non-refundable. Your Membership Fee is charged in advance and payable on the Initial Term and every Subsequent Term from the commencement of your Membership to the termination of your Membership. The amount of each membership fee renewal will be billed to the credit card or other payment method you authorize for the initial membership purchase, and your card will be billed on the day your membership renews. If we are unable to process your payment for a membership fee renewal, your membership will not be renewed and will expire.
You may only use and register to become a member of the website if you are over the age of eighteen (18) and can enter into binding contracts. If you become a member, you are responsible for maintaining the confidentiality of your passwords, login, and account information. You will be responsible for all use of the website by you, anyone using your password and login information (with or without your permission) and anyone who you allow to access your purchased content. If at any time you have reason to believe that your account is no longer secure (through for example: loss, theft, identity theft, hacking, or unauthorized disclosure or use of your information or computer or mobile device used to access the website), you are solely responsible to promptly change any and all of your Personal information that is affected.
We reserve the right to accept or refuse membership or to restrict use of the website in our discretion. You may not transfer or assign your membership or any website benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the website at any one time.
You may cancel your membership by visiting your account details page and adjusting your membership settings, or by contacting our Customer Service team. If you cancel your membership or subscription, you will not receive a refund of any bookings currently made using the website.
We do not own or otherwise control the Travel Providers or Travel Services
Our website is designed to connect you with Travel Providers including recommended lodges and experiences across Africa, Asia and more to assist you, the travel professional, in curating the best trips for your clients. Waybird does not provide, own or control any of the Travel Providers or Travel Services. Your agreement for Travel Services is with the Travel Provider and not with Waybird. The Travel Providers are responsible for the Travel Services. The Travel Provider’s terms, and privacy policies apply to all bookings and travel so you must agree to, understand, and share those terms with your clients. By entering into an agreement with a Travel Provider and/or utilizing the Travel Services, you agree that neither Waybird, or its employees, agents, or representatives are or may be liable for any loss, injury, or damage in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Waybird. Waybird shall not be liable for any injury, damage, or loss resulting from the neglect of any Travel Provider or Supplier or other person supplying services. Waybird hold themselves free of responsibility for any damage(s) from any cause(s) whatsoever.
While our website displays information regarding Travel Providers, this is in no way meant to suggest or imply or in any way communicate our recommendation, approval, affiliation, partnership, or sponsorship of the Travel Provider. Your interaction with any Travel Provider accessed through the website is at your own risk.
Payments and Credit Card Chargebacks
The website allows you to manage client bookings, including payment. You represent that you have obtained authority for any and all charge to client credit cards.
In certain cases, clients have the ability to dispute charges with credit card companies (“chargebacks”). You are responsible for any chargebacks and must reimburse us for any losses we suffer due to a chargeback, unless due to fraud.
Travel Protection Coverage
Waybird strongly encourages you to advise clients to purchase a Travel Protection Plan including additional Cancel for Any Reason coverage. Such plan at a minimum should cover Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect clients in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. If clients choose to travel without adequate coverage, we will not be liable for any losses howsoever arising, for which travel protection plan coverage would otherwise have been available.
Waybird provides to you with a revocable, limited, non-exclusive, royalty-free, non- transferable license to use the Website and the content thereon conditioned on your continued compliance with these Terms. You are not granted any IP Rights in or to the website and the content by implication, estoppel or other legal theory, and all rights in and to the website and the content not expressly granted in this clause are hereby reserved and retained by Waybird.
The content included on this site such as text, graphics, buttons, logos, digitals, data and software and materials available on Waybird are protected by copyrights, trademarks, services marks, trade secrets and other proprietary rights and laws. You may not copy, sell, license, or otherwise distribute the content and materials of this website, nor may you create any derivative work from it. You may however, print printable forms and copy any of the materials or content for your own personal, noncommercial use, subject to this proprietary notice.
The content and information on the website as well as the infrastructure used to provide such content and information, is proprietary to us, and our suppliers. You agree not to do any of the following without our express permission:
· modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Website;
· use this Website or its contents for any commercial purpose;
· access the Website with any manual or automated process for any purpose other than your personal use or for inclusion of Waybird pages in a search index;
· Use of any automated system or software to extract data from the Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
· violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
· take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
· deep link to any portion of the Website (including, without limitation, the purchase path for any travel services) for any purpose;
· use any device, software or routine that interferes or attempts to interfere with the normal operation of the Website or take any action that imposes an unreasonable load on our computer or network equipment;
· “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
· post or distribute any material on the Website that violates the rights of any third party or applicable law;
· use the Website to collect or store personal data about others whether through data mining or any other means;
· use any feature of the Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us; or
· use any data mining methods whatsoever and for any purposes whatever.
If your website use shows signs of fraud, abuse, or suspicious activity, Waybird, in our sole and absolute discretion, may revoke your access to the website. If you have conducted any fraudulent activity, Waybird reserves the right to take any necessary legal action and you may be liable for monetary losses to Waybird, including litigation costs and damages. To contest the cancellation, freezing, or closure of an account, or cancellation of an order, please contact Waybird Customer Service.
Availability, Errors, and Inaccuracies
We are constantly updating the services on the website. The products or services available on the website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the service and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Links/Third Party Websites
Our website may contain a link to other websites or resources that we do not maintain. Waybird will do our best to vet and partner with the highest quality partners for our clients and our audience, However, we do not endorse, nor are we responsible for, the content, accuracy, advertising, goods, or services offered or available, or any other aspect of such third-party websites. If you choose to visit or use such third-party websites, we are not liable for any damages alleged or incurred with respect to the content, accuracy, advertising, goods, or services offered or available, or any other aspect of these third-party websites.
When you visit waybird.com or send e-mails to us, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosure, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may end electronic communication at any time by either emailing directly or by clicking unsubscribe to any mass email.
Disclaimer of Warranties
All content and materials, including the services made available and provided via this website, are provided “as is”. Waybird provides no warranties. There are no expressed, implicit, explicit, or implied warranties that Waybird makes to the items, goods, or services sold on the website. Waybird does not warrant or ensure that the items and promotions and goods and services will be available in your jurisdiction; and are subject to the commercial regulations in your respective locality. Waybird does not warrant that this website is free from errors, omissions, viruses, or defects. Your use of this website is strictly at your own risk. Waybird reserves the right to maintain liability and warranty exclusion to the full extent of the law.
Limitation of Liability
Waybird may not be held responsible for and direct, indirect, punitive, incidental, special, consequential or sub sequential damages arising from the use of this website including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the website; (ii) any conduct or content of any third party on the website; (iii) any content obtained from the website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event shall our aggregate liability, or that of our providers or distributors, exceed the $200. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the website must be brought within one year from the date on which such claim or action arose or accrued or purchase was completed. Waybird reserves the right to maintain liability and warranty exclusion to the full extent of the law.
Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the website shall be at your own risk.
As a condition of use of this website, you agree to defend, indemnify, and hold harmless Waybird, its employees, officers, and agents, from all claims, liabilities, and expenses (including attorney’s fees) arising from or relating to your use of the Waybird website. Waybird is entitled to control the defense of such claim or action.
Waybird shall not be liable at any time, in any way, for loss, injury or damage arising from an act of nature, any force majeure, acts of government or de facto authority, government-imposed prohibitions, war, threat of war, civil unrest, any kind of hostilities, terrorist activities, industrial disputes, strikes, theft, robbery, sickness, health risks, pandemic, epidemic, accident, quarantine, immigration or customs regulations, hijacking, closure or congestion of airports or ports, breakdown, delay, cancellation, error, omission, inclement weather, storms, tempests, hurricanes, volcanic eruptions, delay or default of any person engaged in providing any accommodation, hotel closures, or any other cause beyond its control. In such cases, Waybird will not be responsible for any refund. Any refund you or your client may be entitled to will be from the Travel Provider. Travel Providers may choose to offer credits in lieu of a refund. We are not responsible for a Travel Provider’s failure to pay a refund or for Travel Provider bankruptcy or insolvency.
Reporting Claims of Copyright Infringement
If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice including all of the information requested below. If you fail to provide all of the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.
· A physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the Site;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows:
We reserve the right in appropriate circumstances to remove content on the website alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.
Choice of Law; Arbitration
These Terms of Service are governed by Delaware law, without regard to principles of conflict of laws. Any dispute, controversy or claim arising out of or relating in any way to the website your use of the website, or these terms including without limitation any dispute concerning the construction, validity, interpretation, enforceability, or breach of the terms, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute, or breach.
Waybird may cancel or terminate your right to use its website or any part of the website at any time without notice. In the event of termination, you are no longer authorized to access the part of the website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in these Terms of Service shall survive.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred, or assigned by you.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Entire Agreement; Severability