Terms and Conditions
www.travelsky.co.in (“TravelSky”, “www.travelsky.co.in”, “we”, “us”, or “our”) is owned and operated by MYT Sports & Adventures Marketing Pvt Ltd. TravelSky provides an online platform that allows Travelers (defined below) seeking to experience travel to destinations best suited based on their requirement. TravelSky allows its Couples to use its platform to discover and book the Products, Services and Information and provides services, including but not limited to issuance of invoices on their behalf, collecting and distributing money on their behalf and performing marketing and sales actions online on their behalf on the Site and the Application each as defined below (the “Services”). The Services are accessible at www.travelsky.co.in and any other websites through which TravelSky makes the Services available (collectively, the “Site”) and any related applications (the “Application”).
Services Rendered By TravelSky
The online Site is a site that facilitates trade of tourist services between Couples and Supplier for the purposes of organizing leisure arrangements. The Site comprises an integrated and content simplifying the connection between Couples and Suppliers as well as numerous functional features of management of and control over all current business operations.
The Services of TravelSky shall comprise the following:
Providing an option to use the online-platform in accordance with the rights of the Traveler;
Option to hold negotiations and conclude transactions, including but not limited to issuance of invoices, vouchers and any other documentation that may be needed for a successful purchase, as well as collection and distribution of money on the Couples’ behalf;
Creation of options for exchange of information and communication between the Traveler and the contracting parties respectively;
Performance of marketing and sales actions online on the Couples’ behalf;
The support of the software necessary for rendering the Services is allocated at the Site and the Application and belongs to TravelSky.
Product, Service and Information Listings
Couples may create listings for their Products, Services and Information. You will be asked a variety of questions about the Products, Services and Information to be listed, including but not limited to, the location, capacity, itinerary, features, availability, pricing of the Products, Services or Information and related rules and financial terms (the “Listing”). Couples working with TravelSky are responsible for making sure that their Listings on the Site and the Application are up-to-date so that Travelers who wish to book their tours are presented with correct information.
Couples are responsible for updating their Products, Services and Information manually using the TravelSky Couples’ Dashboard (defined below). Listings will be made publicly available via the Services. Travelers will be able to book your Products, Services and Information via the Services based upon the information provided in your Listing.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Traveler taking of, a Product, Service or Information in a Listing you post (i) will not breach any agreements you have entered into with any third parties, including but not limited to any agreements with or rules of employers or local tourism agencies, and (ii) will be in compliance with all applicable laws, tax and VAT requirements, and rules and regulations that may apply to any Product, Service and Information included in a your Listings , including but not limited to tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues, and will not conflict with any third party rights. Please note that TravelSky assumes no responsibility for the Supplier’s compliance with any applicable laws, rules and regulations.
TravelSky reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that TravelSky, in its sole discretion, considers to be objectionable for any reason in violation of these Terms or otherwise harmful to the Services. You understand and agree that TravelSky does not act as an insurer or as a contracting agent for you as the Supplier. If a Traveler requests a booking of your Product, Service or Information, any agreement you enter into with the Traveler is between you and the Traveler and TravelSky is not a party hereto. Notwithstanding the foregoing, TravelSky serves as the limited authorized agent of the Supplier for the sole purpose of accepting payments from the Traveler on behalf of the Supplier and is responsible for transferring such payments to the Supplier, subject to these Terms.
When you post a Listing, you may also choose to include certain requirements, which must be met by the Travelers who are eligible to request a booking of your Listing. Any Traveler wishing to book a Product, Service or Information included in the Listings with such requirements must meet these requirements. You acknowledge and agree that, as the Supplier, you are responsible for your own acts and omissions and the acts and omissions of any individuals who are presented in connection with the Product, Service or Information at your request or invitation, excluding the Traveler.
TravelSky recommends that Couples obtain appropriate insurance for their Products, Services and Information. Please review any insurance policy that you may have for your Products, Services and Information carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for the insurance policy, including but not limited to, whether or not your insurance policy will cover the actions or omissions of Travelers while participating in your Products, Services and Information.
TravelSky does not endorse any Couples or any Products, Services or Information. In addition, although Couples are required to provide accurate information, we do not confirm, any Traveler’s purported identity. You are responsible for determining the identity and suitability of the Travelers who you contact via the Services. We will not be responsible for any damage or loss resulting from your interactions with the Travelers via the Site and Application.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of Travelers, other Couples or third parties will be limited to a claim against the particular Traveler, Supplier or third party who caused you any damage or loss and you agree not to attempt to impose liability on, or seek any legal remedy from TravelSky with respect to such actions or omissions.
Financial and Payment Terms for Couples
If confirmation of availability is requested for booking one of your Product, Service or Information via the Services, you will be required to either confirm or decline the booking using TravelSky’ Supplier Dashboard (defined as the online platform provided by TravelSky towards its Couples in order to upload and manage their Listings) or by e-mail within the specified time frame (which is generally within 48 hours of the booking request, as determined by TravelSky in its sole discretion) or the booking request will be automatically cancelled. If you are unable to confirm a booking of a Product, Service or Information within the specified time frame, any amounts collected by TravelSky for the booking will be reimbursed to the applicable Traveler’s credit card and any pre-authorization of such credit card will be released.
You understand and agree that once a Traveler requests a booking of your Product, Service or Information, the listed price for the booking may not be amended after your confirmation of the booking.
Any attempts to take the conversation or transaction outside TravelSky before a booking has been confirmed may result in suspension or cancellation of your account. When a booking is requested via the Services, we may share with you the first and last name of the Traveler who has requested the booking.
Via TravelSky’ Supplier Dashboard you can create Listings, where you will be requested to set your pricing for your Products, Services and Information. You are responsible to include all taxes, VAT and/or local fees that may apply to the Products, Services and Information in the Listing. The price of the Products, Services and Information, including applicable taxes, VAT and/or local fees, is collectively referred to as the “Net Price”. Please note that you and not TravelSky determine the Net Price of your Products, Services and Information.
You will have two different options to set your pricing in TravelSky’ Supplier Dashboard:
To set the pricing of your Products, Services and Information on a commission basis: you will set and manage the price on the Site and propose a commission/service fee for TravelSky.
To set the pricing of your Products, Services and Information by providing Net Prices: you will provide Net Prices for your Products, Services and Information and you can chose either to use our tool to set up your final selling prices at the Site and Application or to let TravelSky set the final selling prices on your behalf
TravelSky reserves the right to approve or decline any Listing made by the Supplier due to quality, pricing or any other reason.
TravelSky is only obliged to transfer the payments collected from the Traveler deducted TravelSky’ Service Fee (defined below) to the Supplier. If the Traveler fails to pay the selling price on the due date, the Supplier agrees to provide the Traveler with a grace period of five (5) days to pay the selling price.
If the selling price remains unpaid on the 55th day prior to the departure date the Supplier may choose to cancel the Traveler’s booking and the Deposit will be forfeited, or the Supplier may choose to extend the grace period.
By posting the Listings at the Site and the Application, Couples are selling directly to the Travelers. TravelSky is facilitating this sale via an online platform and its Services. The process followed upon booking from a Traveler is as described below:
1. TravelSky issues a voucher and an invoice on behalf of the Supplier to the Traveler for a Product, Service and Information using the VAT details of the Supplier.
2. Upon successful confirmation of availability of the Products, Services and Information, TravelSky collects the payment on behalf of the Supplier – all funds are collected by TravelSky’ secure payment provider Global Collect.
3. When cancellation of the Products, Services and Information booked by the Traveler no longer is possible , TravelSky will issue two different documents:
A notice document stating the amount being transferred to the Supplier.
An invoice for the amount corresponding to TravelSky’ Service Fee (defined below).
All invoices issued by TravelSky on behalf of the Supplier to the Travelers are made available for the Supplier via TravelSky’ Supplier Dashboard and can be downloaded by the Supplier.
TravelSky will transfer payments from the Travelers to the Couples to the nominated bank accounts when the Net Price amount exceeds EUR 100. We are not responsible for any delays in the transfer of payments for Products, Services and Information,, which can vary based on the bank, currency, location, etc. We are, however, responsible for e-mailing an invoice for the selling price to the Traveler on the Supplier’s behalf with the Supplier’s VAT details and a redeemable voucher for the Traveller’s purchase.
In consideration of providing the Services, TravelSky collects a commission/service fee from the Couples. The service fee is calculated on the basis of a percentage of the Net Price of the Products, Services and Information defined above (the “Service Fee”). Where applicable, taxes and GSt may also be charged in addition to the Service Fee. Service Fees are deducted from the Traveler’s payment of the selling price for the Products, Services and Information before the transfer of the payment to the Supplier.
Payments will be transferred by TravelSky to the Couples via direct deposit or other payment methods described on the Site or the Application, in the Supplier’s currency of choice, depending upon the selections made by the Supplier via the Services. Please note that each party is responsible to pay any fee or costs charged by their own bank. TravelSky’ Service Fees are non-refundable.
Cancellation in the Event of Inclement Weather
Products, Services and Information may be weather-dependent. Notwithstanding the foregoing, in the event of inclement weather, the Supplier has the discretion as to whether the weather conditions will prevent the Products, Services and Information from taking place. If the Supplier needs to cancel a Product, Service and/or Information for reasons of inclement weather, the Supplier must inform TravelSky as soon as possible via TravelSky’ Supplier Dashboard. Subject to the Traveler’s consent, the Supplier and the Traveler may choose to reschedule the Products, Services and/or Information for another date.
If the Products, Services and Information cannot be rescheduled, the Traveler will either get a refund for his payment for the h booking or he will be assisted by TravelSky in finding a replacement of a non-weather-dependent Product, Service and/or Information. The suggestions of a non-weather-dependent replacement will be done solely by TravelSky and may not be from the same Supplier. However, the non-weather-dependent replacement must be approved by the Traveler.
You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisers. TravelSky cannot and does not offer tax-related advice to any Couples.. Additionally, please note that each Supplier is responsible for determining local indirect taxes and for including any applicable taxes and VAT to be collected or obligations relating to applicable taxes in the Listings.
TravelSky’ online platform facilitates bookings between Travelers and Couples who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although TravelSky’ platform might allow the Travelers to view the price of Listings in a number of currencies, the currencies available for Travelers to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs USD 125.00 to buy EUR 100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
TravelSky might process a foreign currency conversion in the following situations:
The displayed currency is different from the current listed currency when a Traveler views a Listing.
The booking currency is different from the current listed currency when a Traveler submits a booking request for a Listing.
The payout currency (for partial or total payouts) is different from the current listed currency when TravelSky initiates a payout.
When a confirmed booking is modified or cancelled, and a foreign currency conversion was made when the booking was submitted.
TravelSky updates the base exchange rate on a regular basis, but not on a real-time basis. In particular, TravelSky does not always change the base exchange rate immediately when its costs of foreign exchange change. Accordingly, the base exchange rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from currency of the booking or the payout respectively. Similarly, third-party payment processors may also use a currency conversion rate or impose a currency conversion fee on your payment or payout. These currency conversion rates and fees are not controlled by or known to TravelSky.
The Services, the Site, the Application and the Content are protected by copyrights, trademarks, and other applicable laws of Denmark and foreign countries. You acknowledge and agree that the Services, the Site, the Application) and the Content, including all associated intellectual property rights, are the exclusive property of TravelSky and its licencors. You must not remove, alter or obscure any copyrights, trademarks, service marks or other proprietary rights notices incorporated in or accompanying the Services, the Site, the Application or the Content.
TravelSky Content License
Subject to your compliance with these Terms, TravelSky grants you a limited, non-exclusive, non-transferable license to access and view TravelSky’ Content solely for your personal and non-commercial purposes. You have no right to sub license the rights granted in this clause. You must not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, the Application, the Services or the Content, except as expressly permitted in these Terms. No licenses or rights to any intellectual property rights owned or controlled by TravelSky or its licensors are granted to you by implication or otherwise, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Couples to post, upload, publish, submit or transmit content on the Site and/or the Application (the “Supplier Content”). By making available any Supplier Content on the Site and/or the Application you hereby grant TravelSky a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sub license, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit the Supplier Content on, through, or by means of the Services.
TravelSky does not claim any ownership rights to the Supplier Content and these Terms will not in any way deem to restrict any rights that you may have to use and exploit the Supplier Content. You acknowledge and agree that you are solely responsible for the Supplier Content that you make available on the Site and the Application and thus through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of the Supplier Content you have all necessary rights, licenses, consents and releases to the Supplier Content, as contemplated under these Terms; and (ii) neither the Supplier Content nor your posting, uploading, publication, submission or transmittal of the Supplier Content or TravelSky’ use of the Supplier Content (or any portion hereof) on the Site and the Application through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You must not store illegal content on the Site or Application and we will monitor our Site and Application regularly for any illegal content.
Please be aware that in the event of a breach of this clause you shall be obliged to pay TravelSky an agreed penalty in the amount of EUR 25,000 and in addition hereto compensate TravelSky for any and all costs incurred in connection with the breach.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by e-mailing us at [email protected] writing the word “Feedback” in the subject field of the e-mail or by contacting TravelSky, using the Couples’ Dashboard. You acknowledge and agree that all Feedback will be the sole and exclusive property of TravelSky.
TravelSky respects copyright law and expects its users to do the same. It is TravelSky’ policy to terminate accounts of Couples or other account holders who repeatedly infringe or are believed to be repeatedly infringing any copyrights. The Couples must respect all and any copyrights, and thus only upload pictures, videos and other content that the Couples own, made or that the Couples are authorized to use.
Product, Service and Information Reviews by Travelers
Your Products, Services and Information published at the Site and the Application, could be reviewed by Travelers upon successful realization of the Products, Services and Information. You will be able to access all reviews by the TravelSky Couples’ Dashboard. Reviews are independently made by the Travelers and neither TravelSky nor the Couples have any say in or control of the content of the reviews. The deletion of reviews is made by the sole discretion of TravelSky. The reviewer’s personal details and images (if applicable) must NOT be used or displayed anywhere. Whenever the review of the Products, Services and Information is displayed, represented or referred to the following attribution MUST be properly and clearly provided to TravelSky on every page where the review appears: “These reviews were written on [email protected]”.
Termination and TravelSky Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate your access to the Services, and (b) deactivate or cancel your account. Upon termination we will promptly pay you any outstanding amounts, which we are legally obligated to pay you. In the event TravelSky terminates these Terms or your access to the Services or deactivates or cancels your account you will remain liable for all amounts due hereunder. You may cancel your account at any time by sending an e-mail to [email protected] or by contacting TravelSky, using the TravelSky Couples’ Dashboard. Please note that if your account is cancelled, we do not have an obligation to delete or return to you any Supplier Content that you have posted on the Site and/or the Application, including but not limited to, any reviews or Feedback. Upon the cease of the Supplier’s licence to use TravelSky’ Services the Traveller’s reviews of the Supplier’s Products, Services and Information will only be available for the Supplier’s future use by written agreement with TravelSky.
If you choose to use TravelSky’ Services, you do so at your sole risk. You acknowledge and agree that TravelSky does not have an obligation to conduct background checks on any member, including but not limited to, Travellers, users and Couples, but may conduct such background checks in its sole discretion. The Site, the Application, the Services, and the Content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, TravelSky explicitly disclaims any warranties of merchant ability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of the course of dealing or the usage of trade. TravelSky makes no warranty that the Site, the Application, the Services, or the Content, including but not limited to the Listings and any Products, Services and Information, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. TravelSky makes no warranty regarding the quality of any Listings, Products, Service and Information, the Services or the Content or the accuracy, timeliness, truthfulness, completeness or reliability of the Services and the Content. No advice or information, whether oral or written, obtained from TravelSky or through the Site, Application, Services or the Content will create any warranty not expressly made herein. You are solely responsible for all of your communications and interactions with other users of the Services, other Couples, Travelers and other persons with whom you communicate or interact as a result of your use of the Services. You understand that TravelSky does not make any attempt to verify the statements of Travelers and users of the Services or to review or visit any Products, Services and Information. TravelSky makes no representations or warranties as to the conduct of the Travelers and users of the Services or TravelSky’ compatibility with any current or future Travelers or users of the Services. You agree to take reasonable precautions in all communications and interactions with Travelers, other Couples and other users of the Services and other persons with whom you communicate or interact as a result of your use of the Services, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by TravelSky or take place during a group tour. Notwithstanding TravelSky’ appointment as the limited agent of the Couples for the sole purpose of accepting payments from Travelers on behalf of the Couples, TravelSky explicitly disclaims all liability for any act or omission of any Traveler or other third party.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the full liability for your access to and use of the Site, the Services, the Application and the Content, your Products, Services and Information, your Listings and booking of any Products, Services and Information and any contact you have with Travelers or other users of the Services in person or online remains with you. Neither TravelSky nor any other party involved in creating, producing, or delivering the Services or the Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute Products, Services and Information or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Services or the Content, from any communications, interactions or meetings with Travelers, other Couples, other users of the Services or other persons with whom you communicate or interact as a result of your use of the Services or from your Listings or booking of any Products, Services or Information, whether based on warranty, contract, tort (including negligence), p liability or any other legal liability, and whether or not TravelSky has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. TravelSky’ aggregate liability arising out of or in connection with these Terms and your use of the Services, including but not limited to your Listings or booking of any Products, Services and Information, the use or inability to use the Services or the Content,, will in no event exceed the amounts you have paid or owe to TravelSky in the twelve (12) month period prior to the event giving rise to the liability, or the amounts paid by TravelSky to you in the twelve (12) month period prior to the event giving rise to the liability.
These Terms constitute the entire and exclusive understanding and agreement between TravelSky and you regarding the Site, the Application, the Services, the Content, and any bookings or Listings of a Product, Service and Information and the Terms supersede and replace any and all prior oral or written understandings or agreements between TravelSky and you regarding the Site, the Application, the Services, the Content, and any bookings or Listings of a Product, Service and Information.
You may not assign or transfer these Terms, by operation of law or otherwise, without TravelSky’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. TravelSky may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required under these Terms, including regarding modifications to these Terms, will be in writing and given by TravelSky (i) via e-mail (in each case to the address that you provide) or (ii) by posting on the Site or the Application or via the TravelSky Supplier’s Dashboard. For notices made by e-mail, the date of receipt will be deemed the date on which the notice is given.
Choice of Law and Venue
These Terms will be governed by the laws of Denmark, without regard to its conflict-of-law provisions. Any dispute arising from these Terms must be brought before the courts of Denmark.
The failure of TravelSky to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of TravelSky. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a provision of these Terms is invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
By registering; using our Services and/or providing your e-mail address, you consent to receive regular e-mail updates from TravelSky about the platform, travel and other community related matters. Each e-mail you receive shall contain a mandatory opt out at the bottom of each e-mail to allow you to unsubscribe if you so choose.