Please be so kind as to review the following General Use and traveler Terms and Conditions (hereafter, the “Terms and Conditions”), which regulate the overall use and access to the Baboo Travel PBC’s Webpage and related Applications (hereafter, the “Webpage and Applications”) that are also governed by these Terms and Conditions. While using any of the platforms set up to provide the services of Baboo, the following activities are deemed to create a binding contract between Baboo Travel PBC and the users, which, must therefore acknowledge having read, fully comprehended, and agreed to be bound by the extents of the Terms and Conditions herein prescribed:
Likewise, were you not to agree to either and/or any of these Terms and Conditions, please abstain from entering the Webpage and/or using the Applications.
The Terms and Conditions herein set forth, are deemed applicable to all visitors and/or users of the Baboo Webpage and Applications owned and operated by Baboo Travel PBC, located at 8 The Green, Ste A, Dover County, 19901, Delaware – USA.
Notwithstanding whichever other defined terms that may be established throughout the contents herein, the following words shall have the following meaning:
“Account” means any individual account created by Users (as such term is defined hereunder), once they have registered in the Webpage and/or Application.
“Applications” means any executable program that is owned and/or managed by Baboo Travel PBC, that users may download onto their corresponding mobile devices, which relate to the services provided according to these Terms and Conditions, and made available through the Baboo website.
“Baboo Content” means any Content found in the Webpage and/or Applications, that has been provided by Baboo Travel PBC, including when it belongs or has been provided by third parties, except for Content that is uploaded by Users, or that pertains to them in any way.
“Bamba Group”, “Baboo” and “baboo.travel” refers indistinctly to Baboo Travel PBC, sole owner and manager of the Webpage and Applications, alongside its affiliates.
“Content” means all information found in the Baboo Webpage and/or Applications, in whichever format it may be displayed, including written, photographic, digital, graphic, music, audio, video, and any other form in which it is presented.
“Feedback” means any comments, suggestions, improvement ideas, proposals or creative material or other information submitted by the Users to Baboo, its Webpage, Applications, or Services, and does not classify as User Content, for purposes of these Terms and Conditions.
“Platform” means any website owned and managed by Baboo, that relates in any way to the Terms and Conditions herein prescribed, and/or to the services and tools made available by accessing the following address: https://a.baboo.travel//.
“Services” means all those provided by Baboo, by means of its online platform, aimed towards assisting aspiring travelers in planning their ideal custom-made trips and/or travel experiences, by means of connecting them with local expert tour operators, local guides, and “Destination Management Companies” situated at diverse locations all around the world, that can provide such travelers with their corresponding tailor-made experiences.
“Travel Guru” and “Local Destination Expert” means indistinctly any third-party verified local experts that collaborate with Baboo as independent tour operator or guides, and that are based in the multiple locations towards which the Users might travel to, when the trip has been designed, planned, operated, and/or booked through the Baboo Webpage and/or Applications.
“Traveler” means any User that has requested a quote on a custom-made travel experience provided by means of the Baboo platform, and/or that has purchased whichever Services provided by Baboo Travel PBC and/or its affiliates, by means of the Baboo platforms.
“User Content” means any Content that does not classify as Feedback (in terms of its definition hereunder), and that is posted, shared, and/or uploaded by Users, by means of the Webpage and/or Applications.
“User” means any person or entity that enters the Webpage and/or Applications, or in any way uses the tools therein provided, to navigate, browse, request any of the Services and/or information thereto.
The baboo.travel webpage was created by Baboo Travel PBC, as an interactive platform for aspiring travelers, that provides a variety of tools for them to plan custom-made travel experiences, that are made possible by means of the Platform, which connects the Users with local experts from multiple destinations around the world, that provide the touring services, according to the Users particular requests and trip design, whether that entails organizing the local tour and experiences, or managing all travel, transport and accommodation details, reservation, booking and overall trip management details, which includes the following Services:
The Webpage, Application, and Services thereto related, can only be used for personal and non-commercial purposes, to the extent herein set forth, in whichever other applicable policies that Baboo may issue from time to time, and as is described in the Webpage and Application. Any individual that enters the Webpage and/or Application, (or if they have an account, any person using such account, whether personally, or on behalf of someone else) is solely responsible for any use given to the Webpage and/or Application and/or Services therein offered.
No person under 13 years of age, may access or use the Webpage and/or Application, and for any individuals under the age of 18 (or whichever is the legal age, at the jurisdiction from which they are being accessed), can only use the Webpage and/or Application with supervision or with previous written consent from a parent or legal guardian, with sufficient age and legal capacity, to be subject and legally bound to the Terms and Conditions herein described. In order to create an Account and use the Baboo Platform and Applications to purchase any of the Services, the User and/or interested parties must be at least 18 years of age (or the minimum legal age from the jurisdiction from which the Services are being purchased).
Likewise, any and all use and access to the Webpage, Application, and all other Baboo Content remains subject to the rules and regulations established in the applicable laws. Notwithstanding the above, the Users must abstain from the following:
Likewise, in order to provide the Services, the Baboo Travel PBC, by means of the Baboo Platform, might be digitally present, whether on third-party platforms, websites and/or social media accounts, or post Content on the Baboo social media accounts such as Instagram, Twitter, Facebook, LinkedIn and/or YouTube; as well as, invite any User and/or visitor to post comments, Feedback, reviews, and such other publications. To that end, Baboo Travel PBC hereby clarifies that the Content displayed on such accounts and/or any other posts and/or digital interactions made by those means, should also be considered as Third-party Resources, and pertaining to those separate entities. Therefore, the access, content, use, and whichever other interaction displayed therein, is not controlled and/or governed by Baboo Travel PBC and/or these Terms and Conditions or any of the baboo policies, but rather, by those contained on such third-party platforms, and it is each User and/or Visitors’ responsibility to duly review them, for any possible conflict that may arise from its use thereof.
Users and/or visitors may share or send Baboo Content published on the Webpage and/or Application, using such social networks and applications, but in doing so, they must adhere strictly to these Terms and Conditions, and those outlined in the applicable laws, which shall not be violated under any circumstances. To that end, the Baboo Travel PBC hereby states that under no circumstances shall it or any of its affiliates, be liable for the products, tools, content, photographs, media, or whichever other content the Users and/or visitors happen to come across on such Third-party Resources, as a result, or relating to the Services purchased or requested from the Baboo Travel PBC and/or found on the baboo Webpage and/or Applications.
The Baboo Platform may be accessed freely by any visitors, but there is also an option to become a user of the Platform, which unlocks the possibility to access certain exclusive sections thereon. On that note, the Baboo Travel PBC hereby clarifies that all information shared or uploaded for purposes of creating and using a User account is the Users’ and theirs only. Therefore, all Users hereby represent and warrant that they are not to share such information with any third party and shall not jeopardize the security of their account and/or password information, by sharing or wrongfully disclosing it to third parties.
As part of the options that are available to Users, their corresponding account enables them to upload, publish, and/or share pictures, comments, experiences, feedback, recommendations, and/or travel blogs. The aforementioned and whichever other content that they might share and/or publish utilizing the account, shall be considered User Content, for which Baboo Travel PBC is not to be held accountable, provided that it is solely the responsibility of the Users. Likewise, regardless of the use and activities carried out through User Accounts, the Users are individually responsible and accountable for the activities carried out by means of their account, whether they have been the ones using them, or if it has been someone else on their behalf, regardless if such use has been previously authorized by the User or not, or if it happened to employ a computer or equipment that does not belong to such User.
Provided that as part of the features and/or possibilities available to the Users, they may request to receive newsletters and/or submit requests for trip quotes, purchase Baboo experiences, publish and share content, and/or purchase any of the services offered by Baboo, they hereby represent and warrant that:
Any User Content uploaded to the Webpage and/or Application hereby grants Baboo the right to make use of all or part of it, for any purpose Baboo Travel PBC may deem applicable, to its entire discretion, whether that be for promotional, merchandising, and/or whichever other commercial purposes, and it does not entitle the Users to any royalties or economic consideration thereto. In addition, upon granting such rights, when uploading and/or publishing any Users Content, the Users hereby grant baboo a perpetual, transferable license, that is not exclusive, worldwide, and hereby waives any User royalties, to reproduce, adapt, distribute, publish, copy, use, derive other content from and/or modify it in any way that may be needed from time to time and for any of the aforementioned commercial or advertising purposes of the Webpage, Application, Services, Travel Gurus, baboo collaborators and/or whichever other baboo platforms, alliances, promotions, offers and/or testimonies, without having to obtain additional consent from Users or any third parties to do so.
Moreover, such User Content and any information provided or shared with Baboo Travel PBC and/or uploaded to any Baboo platforms, shall not be considered confidential, therefore, the Users shall abstain from offering or submitting any information or content of such confidential nature.
In order to ensure that all User Content meets the criteria and any other requirement set forth according to these Terms and Conditions, the Baboo Travel PBC hereby clarifies and requests all Users to abstain from publishing, sending, uploading, distributing, creating, or in any other way including on any Baboo platforms, the following:
For purposes of ensuring due compliance with the aforementioned policies, Baboo hereby withholds the right, to the extent that is legally permitted, to monitor all User Content published, posted or shared; however, it cannot attempt to control all content that may be posted and/or submitted. Therefore, the Baboo Travel PBC hereby expresses its legal right at any time and at its entire discretion, to withdraw or forbid from publishing on the baboo platforms, any Content that attempts or that could potentially violate the foregoing stipulations, without having to request any previous written or other notice and/or authorization.
As part of the rights and facilities of becoming a User in the Baboo platforms, they may submit Feedback regarding the platforms or Services offered therein. Such content shall also be subject to the Terms and Conditions hereunder, including all intellectual property rights pertaining to such Content. For such purposes, baboo hereby becomes proprietor of such content, once it has been transferred and/or made available to the Baboo Travel PBC, by whichever means possible, and is therefore entitled to its unencumbered use and distribution, for any purposes that may be deemed necessary, and without having to request previous consent and/or authorization, or provide compensation of any kind.
The Webpage and Application and whichever other Baboo platforms, enable the Users, and/or visitors to have online access to the Services, in the terms hereunder set forth; however, in order to do so, it is essential to have access to the internet. Likewise, in case they may wish to purchase any of the Services therein offered and/or have full access to all the attributes that allow and/or complement the Services, they will be asked to create an account as a user; and for such purposes, required to provide an email address and password, in order to gain exclusive and secure access thereto.
As per specifically made reference to below in the Disclaimer section of these Terms and Condition, the Baboo Travel PBC hereby manifests that although the baboo platforms are intended to remain readily available at all times for the Users’ and/or Visitors, it is not liable and does not guarantee that the platforms do not fail or may present errors, viruses or any defects; therefore, its liability must be subject to the limitations specifically made reference to, below.
Moreover, the software, equipment, and/or technology from which each User and/or visitor may choose to access the baboo platforms is their sole responsibility, and therefore it is recommended that such equipment and/or technology have proper virus protection software and tools, hereby waiving any liability that the Baboo Travel PBC may be held responsible for.
Baboo Travel PBC hereby states that it withholds its sole right to deny, refuse, interrupt, or at any time suspend access for any User and/or visitor to the baboo platforms and Services and/or to remove it or prevent it from being entered by any person or entity, should it be deemed necessary for any purpose, including to improve or fix potential delays, functions and/or any other operative and/or maintenance issues.
In order to have access to and/or receive the Baboo Services (to the extent detailed previously herein), Users and/or visitors must first register in order to set up their corresponding accounts and then request the information they are seeking, which will allow the Baboo team to confirm the identity of the interested parties.
No charge is issued to interested parties requesting a quote, and in order to receive it, they just need to fill out and submit the corresponding form provided for such purposes by means of clicking on the “Contact a Local Guru” button with regards to the destination of your interest, found on the Baboo platforms. However, in order to request a quote, the interested parties must ensure that they meet the following requirements:
Any erroneous, false, invented, and/or misleading information provided with regards to any User and/or visitor regarding themselves or on behalf of someone else shall make such subjects liable for any claims, damages and/or whichever other legal responsibility, to the full extent determined by any applicable laws.
To get in touch with the local Travel Gurus, and coordinate the details of your experience, as well as, to ensure that contact is properly established with the Travel Guru that best suits your need, you will be requested to provide information on:
The Travel Gurus that collaborate with Baboo have been carefully selected, after ensuring that they are well-known local travel companies, and/or individuals that have notable experience in organizing local travel and touring experiences, as well as, have been duly authorized to do so in the countries where they operate, with a reputation of delivering professional and quality services, in the areas of their expertise. Likewise, Baboo verifies that they have proper insurance and guarantees of the safety and quality of the services they provide.
The services that Baboo provides, implies putting Users and/or visitors in touch with Travel Gurus, and to that end, Baboo does a previous and mandatory screening of them. However, as a general rule and unless the Terms and Conditions specifically require it in certain cases, it is not an in-depth profile and/or complete background check. Therefore, the interested parties should not hesitate to contact them directly, prior to booking or hiring their services, in order to determine from their own particular viewpoint and needs, if the recommended specialists meet your criteria. The previous screening and recommendation made by baboo does and will not imply any additional costs, or modify in any way the quote issued by the Travel Gurus, because of its consideration proceeds directly from commissions paid to baboo by the local operators and/or individuals that collaborate in providing the travel services, and not directly from the travelers. Moreover, the services that will finally be provided to the Users and/or visitors will result from the agreement made solely between these and the Travel Gurus, and baboo is and shall always remain separate from the agreements made between such parties, with regards to the services purchased, hired or requested.
The Travel Gurus and/or operators that collaborate with Baboo are in no way bound legally or otherwise, by means of any employment agreement or understanding between them whatsoever, and therefore, are not liable in any way, for their actions, omissions, services, and/or treatment and interaction, and they, in turn, are not subject, dependent, or in any way compelled to act in a specific manner or say anything in particular, as a result of their collaboration or presence on the Baboo platforms. Likewise, Baboo offers no assurances or warranties as to the safety, legality or any aspect in general, of the services they provide, and/or regarding the information, advertising, marketing, backgrounds, qualifications, and whichever other information they may publish on the Baboo platforms or of the services they quote, provide and/or fail to do so, whether on the Webpage, Application or anywhere else that may have been accessed as a result of their collaboration with Baboo.
To that end, the Travel Gurus and/or whichever other external and/or local experts hereby state and ensure that they are completely and fully liable for the services they advertise, promote, provide and/or sell by means of the Baboo platforms. Likewise, in order to ensure that the Travel Gurus and/or local operators are solely liable for the services they provide, sell, or advertise, the interested parties must agree to the terms set forth in the agreement entered into between them, which are issued at their full discretion, and that is in full force and effect at the time of hiring/purchasing the services. Therefore, the Travel Gurus are compelled upon purchase of any of the travel plans and/or services acquired, to request the corresponding consent and acceptance from the traveling User and/or visitor, of the terms that govern the services and/or products they sell by means of the Baboo platforms.
Likewise, please be advised that all use and services offered by means of the Baboo platforms, should be used, assessed, quoted, and/or purchased at the risk of the Users and/or visitors. Therefore, they hereby expressly release Baboo Travel PBC from any and all liability resulting from any controversies, claims, suits, injuries, loss, harm, or damages arising from or related to their business transactions, services, quotes or whichever other interactions with Travel Gurus and/or external operators and/or collaborators of Baboo, and/or from the use of the Baboo platforms and/or Services, that result in the hiring or purchasing any products or services from such Travel Gurus and/or external collaborators. your interactions or dealings with Local Experts and their service providers, including acts and omissions of Local Experts. All use of our Services is at your sole and exclusive risk.
The parties interested in booking any Services from the Travel Gurus, or otherwise local experts of any kind, must review the terms agreed by such experts and/or external collaborators, as well as, whichever other document or agreement entered into with them directly. However, in addition to those provisions, the Users and/or visitors must read and accept the following:
The Baboo platforms, whether it is the Webpage, the Application, or by whichever means the Users and/or visitors have access to the Services therein offered, provide a secure payment platform for the Services purchased, which is made available to the Users, once they accept the terms and quotes provided by the external collaborators. However, the terms that govern such payment policies, are those set forth by the external collaborators or “Travel Gurus”, according to the agreement entered into between the Users and such external collaborators. Therefore, we encourage Users and/or visitors to review such terms, as well as the agreement entered into upon hiring or purchasing the services offered by the external collaborators.
To that effect, according to the Terms and Conditions hereunder, the Travel Gurus or whichever other external collaborators contacted or whose services have been acquired by means of the Baboo Platform must inform the interested parties of their corresponding policies, terms, and conditions, relating to payment methods, means, and conditions.
A reservation becomes effective and final, upon payment of 20% or more of the price outlined in the final quote sent to the traveler by the external experts that will be providing the hired services. In case there are any mistakes with the final price given to the traveler and/or how much has been charged for the services purchased, Baboo withholds its right to determine if a review of your order is in place; if it is necessary to rectify the mistake, by charging the correct price; and/or, if you are entitled to a partial or total refund. Should the charges be made by mistake entirely, Baboo may consider applying to provide a full refund, as long as the affected party requests it no later than 120 days following the date in which the mistake initially appeared on whichever billing notice made to the affected party.
Any changes to the services for which a quote was initially requested, drafted, and sent to the Traveler, can be made, as long as:
a. the Traveler hasn’t communicated their consent or acceptance of the initial quote received; and
b. the option remains available, in the terms newly requested by the Traveler. However, the modified offer will be once again sent to the Traveler to obtain their consent and acceptance thereof, under the newly requested conditions.
Should the Traveler wish or need to cancel the service, trip, or experience previously hired and accepted, they must notify the local provider, in the format requested by them, in the corresponding agreement entered into directly with them. Likewise, the local providers may charge certain cancellation fees, which vary depending on the moment of cancellation, and as determined in their terms and conditions, as well as the agreement entered into directly with them.
Therefore, you should consult the terms and conditions, as well as the local providers’ agreement, in order to have clarity as to the cases in which a cancellation can be requested and/or made or assumed by the local providers, due to default in the corresponding deadlines and payments agreed to with them.
Likewise, in case you have hired or requested insurance for an upcoming trip that was forcibly canceled, due to your request or failure to make the corresponding payments, it is the Travelers responsibility to give notice of such cancellation to the insurer, before their deadlines as set forth in their corresponding policies, in order to be entitled to a refund for cancellation expenses. To that effect, Baboo is in no way responsible or legally bound to pay or refund the traveler for any expenses which they may have incurred as a result of being required to pay a premium. Any costs or fees due by the Traveler as a result of an unforeseen cancellation shall be taken from the payment made previously, to guarantee or book the corresponding reservation.
In case of an emergency or unforeseen situation that prevents the Traveler from using any portion of the hired services, no refund whatsoever will be provided from the local operators. Therefore, the Traveler is strongly encouraged to hire the proper insurance coverage for such eventualities.
In case of any event of default or failure of any kind from the local operators, to provide the services hired by the Travelers, Baboo shall not be liable in any way whatsoever, nor does it state, assure or guarantee anything whatsoever with regards to the local operators’ responsibility and commitment in that regard; including in case of any criminal charges brought against them and/or if they should file for bankruptcy proceedings.
Should the local operators become suddenly unable to provide the services hired to do or provide, for whichever reason not related to the Travelers actions or defaults, Baboo is committed to assist the Traveler in whichever way seems possible, in order to provide the Traveler with an alternative, and in such a manner as to avoid the Traveler from suffering any further economic losses.
In case the Baboo Team manages to offer the Traveler a viable alternative plan that suits the Traveler according to the terms requested from the previously hired local operator, Baboo will make the corresponding payment to the alternate operator. Likewise, should we fail to offer the Traveler with a plausible and similar alternative upon default from the previously hired local operator, Baboo also commits to refunding the Traveler for up to the total amount paid to the previously defaulting local operator. Should there be any remaining unpaid amounts, once the alternate option has been selected and agreed upon, the Traveler may pay the alternate local operator directly, releasing Baboo from any liability related thereto.
Should any conflict or dispute arise at any moment, whether before, after, or during the trip, between the Traveler and the local operators, do not hesitate to contact Baboo customer service at the following address: email@example.com for assistance in resolving such dispute.
Baboo is hereby entitled, at any time, to suspend or cancel any users account in case they fail to comply with the Terms and Conditions hereunder, without assuming any liability or responsibility before users and/or any other affected parties, or even if there is no specific or latent reason. Should that be the case, all access to the account will be disabled, including to the disabled users’ information, history, or any other previous actions carried out by means of their account. Notwithstanding the above, the suspension or cancellation of your account does not release the users from complying with any pending obligations, liabilities, claims, or debts in connection with a requested quote, service, or agreement with any Travel Gurus and/or local experts, regarding an upcoming trip.
Baboo is entitled at any moment, should it deem it necessary, to verify that the Webpage, Application, Content, Services and/or whichever other text, photographs, reviews or other posts and publications on any of its platforms, complies with the Terms and Conditions hereunder, as well as any other applicable laws and/or Baboo policies. For such purposes, Baboo may supervise such Content, whether at its full discretion, or upon request from a third party, but is in no manner responsible or liable for any use given to the Webpage and/or Application, or for any Content, posts, publications or whichever other improper, unlawful or inappropriate use thereof. Likewise, it is not obligated in any manner whatsoever to ensure proper compliance with the Terms and Conditions, on behalf of anyone other than Baboo and/or the Baboo Travel PBC, including but not limited to, in the case of any supposed breach and/or suspected infringement from whichever User, visitor and/or Travel Guru or local expert of any kind.
For purposes of all commercial and business transactions between Users and Baboo, and/or for purposes of whichever use may be given to the Baboo Platforms, Baboo Travel PBC hereby states that it is the sole owner and proprietor of any and all intellectual property rights to the Webpage and Application (including but not limited to, trademark, copyright, database and any other similar rights anywhere in the world) and whichever other Baboo Content that may be found anywhere else.
The Baboo Webpage, Application, and Baboo Content is only available for personal, non-commercial use when it relates to or is necessary for obtaining the Services provided by means of the Baboo platforms. No other right or license is hereby granted, with regards to the Webpage, Applications, and/or any other Baboo Content. Notwithstanding the above, it is hereby forbidden to reproduce, modify, imitate, transfer, replicate, publish, and/or in any other way create whichever other content that derives or in any way resembles that which may be found on the Baboo Webpage, Application and/or Content. Likewise, no information, whether all or in part, that is found on the Baboo platforms, its Webpage, and/or Application may be downloaded, reproduced, or in any way exploited, without prior written consent from Baboo Travel PBC.
The Users are granted only the rights herein expressly set forth. On that note, solely for the Content use hereby allowed, Baboo grants the Users, limited, non-exclusive, and non-transferable rights to view, download and print any Content from the Webpage and/or Application, which may not be sold to third parties, redistributed, published, assigned, or in any other way made use of, for purposes other than those previously stated. Likewise, the aforementioned by no means implies in any manner, permission to download, use, redistribute, transfer in any way whatsoever, any text, images, or other Content found on the Webpage and/or Applications, whether in its integral form, or as stand-alone files, modified in any way to appear different as they are presented in the Webpage and/or Application, but derived from Content obtained from the Baboo Platforms.
All logos, brands, products, marketing, slogans, designs, and names that contain the Baboo domain, platform, and/or its Services, or relating to it in any way, are trademarks of the Baboo Travel PBC, duly registered as such in the U.S. Patent and Trademark Office. Therefore, they may not be used or reproduced by anyone other than Baboo Travel PBC and/or any of its affiliates. Any other parties can only do so with prior written consent thereto. The aforementioned protection also applies for any “hidden text” containing whichever Baboo Travel PBC trademarks and/or elements protected under the U.S. and/or any other international intellectual property laws.
It is strictly forbidden for any and all Users, visitors, collaborators, and whichever subjects that enter or browse the Webpage and/or Application or with access to the Baboo Content, to modify in any way, or eliminate any notice pertaining to the copyright and trademark protection that the Webpage, Application, and Content are subject to.
Any and all actions displayed by anyone, that may constitute or appear to constitute a violation of any sort, to the terms set forth in this Section, or throughout the entire Terms herein described, is a cause for incurring in liability to the fullest extent set forth by law, and therefore sufficient to initiate the corresponding proceedings and other legal actions to ensure protection and legal indemnity, in terms of all applicable laws, including intellectual property.
Copyright infringement is no minor offense and should be punished to the full extent permitted by law, therefore, Baboo respects the methods and standards applied by intellectual property owners to protect such rights and authorship.
Likewise, according to the complaint procedure set forth in the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (as amended from time to time, the “DMCA”), for copyright owners that believe to have suffered violations to their corresponding rights pertaining to material found on websites and applications under US copyright law; any United States citizen or in general, any individual that is eligible under the terms therein stated, that has suffered such violations, may request removal or access of the content unduly submitted or published, by filing a written request before our copyright representative (designated below), which must contain the following, according to the DMCA:
It is essential to provide the aforementioned notice in the exact terms as previously described, in order for us to give a proper follow-up and response, to the following copyright agent, before whom the complaint must be filed:
Baboo (Baboo Travel PBC)
Notwithstanding the above, please seek legal counsel prior to filing the complaint, in order to ensure that such a complaint can and may be filed, based on your claims. Likewise, it is recommended, in order to avoid being charged with any penalties or fines for potentially filing false claims and/or intentional misrepresentation, and risking being held liable for damages (including costs and attorney’s fees) as per Section 512(f) of the DMCA.
You acknowledge, agree, and understand that all information and Content found on the Webpage and/or Applications, attempts to provide precise and accurate descriptions of the Services offered by Baboo and/or found on the Baboo Platforms, the locations and/or experiences that may be purchased thereon, the Travel Gurus that collaborate with Baboo, and whichever other information that might be helpful to the Users and/or visitors of the Baboo Platforms, related to the Services. However, the Baboo Travel PBC shall not be liable or held accountable for the veracity, usefulness, and availability of their information, nor will respond before any claims arising thereof.
The information displayed on the Webpage and/or Application regarding traveler destinations, plans, arrangements, and/or whichever other information relating thereto, may be subject to changes in availability. Likewise, such information and whichever other Content displayed on the Baboo Platforms is provided in the exact terms in which it is made available to the Baboo Travel PBC, therefore, Baboo offers no guarantees of any kind with regards to such information and content, and rejects beforehand any claims, whether expressly filed or implicitly assumed against Baboo, in relation to the use and purposes for which such information may be gathered, presented and/or requested.
Likewise, the Baboo Travel PBC is not liable, or to be held responsible for any passing malfunctions of the Baboo Platforms and/or flaws, glitches, or faults that may be displayed by the Webpage, Application and/or Services therein offered, and/or with regards to any of the content made available by Baboo by means of any of its platforms, or by means of independent servers that may have designed and/or manage or operate the platforms; and, neither does the Baboo Travel PBC certify or assure that any Content sent via e-mail and/or displayed on the Website, Application, or on any of the platforms, will be free of any virus and/or whichever other potentially harmful material. Finally, we do not guarantee nor are liable for the accuracy, precision, reliability, usefulness, or any other assurance with regards to the Content, information, products, or services placed at the Users and/or visitors’ grasp by means of the Webpage, Application or whichever other Baboo Platforms.
Notwithstanding the above limitations and exclusions, they remain subject to the applicable law, and to the extent up to which it may or may not allow or forbid the referred limitations and disclaimers.
For any queries, doubts, complaints, or otherwise, with regards to the Terms and Conditions hereunder, and/or regarding any other Baboo policies and/or the use of the Webpage, Application, and whichever other platforms, please do not hesitate to contact us at firstname.lastname@example.org; or by mail at the following address: Baboo Travel PBC – Customer Service, 8 The Green, Ste A, Dover County, 19901, Delaware – USA. If you contact us by mail or phone, we may need to take steps to confirm your identity before we can address your concern.
E-mail is our prime source and channel of communication with users. Therefore, once you register for a Baboo account; use the “Contact Us” button; chose to receive our newsletter; sign up for any features or similar marketing purposes on the Webpage, Application, or whichever other platforms, you are authorizing us to contact you via email, and send you any other messages for informative and/or marketing purposes. If you wish to stop receiving such messages, you are entitled to unsubscribe at any time, and we will be sure to attend to your request. However, we are not liable or responsible for any unwanted messages you may continue to receive or may have received in the past. Likewise, when agreeing to receive communications via email, you validate that e-mail messages fully meet the criteria required to be considered a legal means of communication and notice.
The access to any of the Baboo platforms, whether the Webpage and/or Application, as well as, hiring the Services therein offered or uploading Content, or otherwise browsing, whether you are a User, visitor, Traveler and/or browser, is at your own risk. Therefore, no party that is in any way associated or part of Baboo and/or of Baboo Travel PBC, including but not limited to, directors, chairman, officers, shareholders, affiliates, partners, licensors, employees, representatives, or otherwise, shall be liable in any manner whatsoever, for any faults, infringement, violations, changes, defaults, omissions, no-shows or whichever other failures to comply with the services hired and agreed to, or whichever adverse actions carried out by local operators, collaborators, external suppliers, promoters, guides, hotel companies, carriers, air or land transportation companies, tour, travel guides or whichever other personnel providing services to Travelers, as a result of contacting them through the Baboo Services and/or platforms; and/or changes in itinerary, services, accommodations, and whichever other lack thereof in the services hired through or in any way connected to Baboo. Likewise, they are not liable or legally responsible in any way, for any losses, delays, damage to baggage or property, or for injury, illness or death, or any claims whatsoever arising from loss, negligence or delay from the act, error, omission or default by any person that is not its hired employee, including when such acts are carried out by any country, government or governmental authority, officer or employee. The released party shall not be liable for indirect, special, or consequential damages, therefore, you hereby expressly release Baboo and Baboo Travel PBC from any and all liability, controversies, claims, damages, lawsuits, injuries, loss, harm, or damages arising from or related to disputes, dealings, or interactions between you and any other Users, Travelers, local operators, Travel Gurus, or other third parties.
In order to have full legal coverage, we strongly encourage Users, visitors, and/or Travelers to purchase proper insurance, that includes coverage for personal assistance, medical expenses, and in case of accidents, repatriation, luggage and cancellation insurance, as well as, legal defense and liability insurance, to that effect, Baboo is in no way responsible or liable, should you chose to hire such insurance or not, and it is the Travelers, and none others’ responsibility to ensure that they have proper coverage, which may or may not be found and/or hired through or by means of the Webpage and/or Applications or any other of our Services.
You acknowledge and accept that you are solely responsible for any digital information, texts, pictures, and whichever other sources of content that you chose to upload and publish on the Webpage and/or Application. Therefore, you acknowledge and confirm that Baboo shall not incur any liability whatsoever in this regard, and release Baboo Travel PBC from any claims and responsibilities derived thereof. Likewise, you acknowledge and accept that your use of the Webpage, Application, and/or Services shall comply at all times with all applicable laws.
You will indemnify, defend and hold Baboo and Baboo Travel PBC, as well as our directors, chairman, officers, shareholders, affiliates, partners, licensors, employees, representatives, or otherwise, harmless from any loss, damages, claims, reasonable attorneys’ fees, when applicable, that may result from:
a. Any User Content or Feedback you provide;
b. Your use, access, behavior, comments, reviews, and whichever other action that relates in any way to the Webpage, Application, and/or Services;
c. Any claims filed by third parties that relate or claim to be connected to any Services, information or products acquired by means of our Webpage and/or Application, Services or whichever other platforms;
d. Infringement or failure to comply with these Terms and Conditions, and/or whichever other Baboo policies and/or agreements in relation thereto, and or between you and any local operator; and,
e. Your infringement, misappropriation, violation, default, or failure to comply with any obligation relating to the rights of third parties (including privacy or intellectual property rights).
As a result of the current global situation, safe and secure traveling has become an utmost priority among all others. The international warnings and safety advisories issued worldwide by several countries, calls for a dynamic and safety-first approach to traveling. For such purposes, please be advised that at times, necessary changes must be made in accommodations, itineraries, and/or even trip cancellation. Therefore, by agreeing to these Terms and Conditions, you accept and acknowledge the existence and relevance of such risks that have become inherent to traveling nowadays to certain destinations, and take full responsibility for whichever decisions you may take with regard to the destinations you chose to travel to.
Nonetheless, we strongly suggest and implore that you review government sources of information pertaining to the destinations you may wish to travel to, including the United States Department of State, news sources, as well as, consult with the local operators prior to making any travel plans. To that effect, we reiterate that the Baboo and any and all of our directors, chairman, officers, shareholders, affiliates, partners, licensors, employees, representatives, or otherwise, function strictly as a referral service. Therefore, we hereunder state that such services in no way imply arrangement of tours, transportation, sightseeing, lodging, or any other of the services provided to you directly upon your travels.
Likewise, Baboo is and remains always as an independent contractor, apart and separate from the local operators, and is, therefore:
a. Is not an employee, agent, or in any way representative of the local collaborators, operators, hired touring services and/or any of their suppliers;
b. Does not control, manage, operate, own, or in any way supervise any transportation services, whether by vehicle or airplane, hotel, restaurants, or any other local housing entity that may provide any kind of touring services you may have hired by means of the Baboo platforms;
c. Is in no manner whatsoever associated or part of any local operators, touring entities, or services of any kind.
On the other hand, all local touring services, entities, operators, and/or suppliers thereof, are and shall always remain as independent contractors, and therefore, are in no manner employees, associates, representatives, or agents of Baboo. Any tickets, coupons, receipts, reservations, booking numbers, or vouchers that such local operators issue, are subject and governed to their own terms, conditions, and policies; which, when received by the Users and/or Travelers, imply that such customers agree and acknowledge that neither Baboo, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage resulting from the services hired from such local operators.
Finally, Baboo is in no manner liable or responsible for any delay, loss, damage, injury, delays, changes in itinerary, schedule, and/or whichever other unforeseen occurrence or eventuality that escapes from Baboo’s control or scrutiny, or that may result from the adverse actions of others. Therefore, Baboo shall hereon be released from any obligations hereunder, derived from any lost or stolen items; in the event of any strike, labor dispute, an act of God, or of government; fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage; epidemic, illness, physical injury, quarantine, medical or customs and/or immigration regulation, delay, or cancellation.
Baboo is not liable under any circumstances or according to any concept or extent of liability– whether it be tort, negligence, strict liability, arising from a contract and/or warranty, or whichever other kinds – for any direct or indirect harm, injuries, or detriment of any kind, whether punitive, exemplary, incidental, special, exemplary or consequential damages (including a loss in revenue and/or deriving from lack of use, delay, omission and/or any inconvenience), resulting from or in any way connected to the Users’ and/or visitors’ access to any Baboo platforms, the Webpage, Application, Services and/or to the Content and such other information, tools and resources found on the Baboo platforms and/or related services, or those offered and displayed by collaborators, on their corresponding websites, platforms, webpages, applications, or made available as a result of their services, in relation to the Services provided by Baboo, including:
Notwithstanding the above limitations and exclusions, they remain subject to the applicable law, and to the extent up to which it may or may not allow or forbid the referred limitations and disclaimers.
Any provision contained in these Terms and Conditions that may be declared, whether partially or entirely, invalid or inapplicable with regard to the applicable laws and regulations, shall be replaced by whichever provisions are deemed applicable and/or valid, and/or that best suit or approach the intended terms. However, they will in no manner substitute, replace, and/or prevent the rest of the Terms and Conditions that have not been questioned, from remaining in full force and effect. Likewise, only Baboo is entitled at any moment, to transfer, assign, sub-contract, or delegate to third parties, its rights, and obligations hereunder, but not the Users, visitors, and/or Travelers.
Baboo is entitled at any moment, to modify the Webpage, Application, Services, and/or whichever other platforms it deems necessary, without prior authorization, as well as, to restrict or control the access thereto, at any time and at its sole discretion. In consequence, any Users, visitors, and/or Travelers deem to have accepted such changes made from that moment on.
Likewise, we may modify at our sole discretion, the Terms and Conditions hereunder, at any time and for no particular reason. In that case, the modifications shall be deemed in full force and effect from the moment in which they are published in the Webpage, Application, and/or whichever other Baboo Platforms. In some cases, notice will be issued of the changes made, whether notifying thereof by means of an e-mail message and or any other notification that may be posted on the Application and/or Webpage, but the responsibility of reviewing any updates made, remains for the Users, visitors and/or Travelers. In order to find the latest version, review the date on which they were last updated, which is cited at the bottom of these Terms and Conditions.
Your continued use of the Webpage and Applications implies acceptance and confirmation of the revised Terms, whether or not you have reviewed them. We strongly encourage reviewing the Terms and Conditions, in order to be aware of the extent and limits of the use and access to the Baboo Platforms and Services. Should you disagree with any aspect of the revised Terms and Conditions, please abstain from accessing or using the Webpage, Application, and/or any other Baboo Platforms and/or Services. Any changes made, do not apply or will never affect rights regarding Services purchased prior to the date of modification.
The following section details and establishes the limits up to which you can seek relief from us.
These Terms are governed by U.S. law and the laws of the state of Delaware, without regard to conflicts of law principles. All User and Traveler claims must be submitted in writing and received by Baboo Travel PBC no later than sixty (60) days following the earlier between (a) the date of the event from which the claim was initially brought, or (b) the completion of the Traveler’s trips as per the details submitted upon booking through the Webpage or Application, if applicable. Claims not submitted and received within this timeframe shall be deemed waived and barred.
BABOO AND YOU, HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.