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TERMS AND CONDITIONS

TERMS AND CONDITIONS

Welcome to Bluejays Travel and Tours (“Website”).

Availing the services of this Website requires that you have read, understood and agreed to our Terms and Conditions of Use. If you do not agree with these Terms and Conditions, you may not use this Website.

 

USAGE
Users of this Website must be at least eighteen (18) years of age and have legal capacity to enter into valid and binding contracts.

All users must provide accurate and current information. You have the obligation to promptly update the personal information you provided to us in case of changes. For more information on the personal information that we need from you and how we use it, please visit our Privacy Policy.

You agree not to use this Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. You further agree not to use this Website for any purpose that is unlawful, illegal or forbidden by these Terms and Conditions, the laws of the Republic of the Philippines, or the laws of the country where you are accessing this Website.

Nothing contained in these Terms and Conditions shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venture parties or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms and Conditions. However, you agree that we can assign our rights and obligations under these Terms and Conditions without such assignment being considered as a change to these Terms and Conditions and without need of prior notice to you.

 

PROHIBITED ACTS

The contents, infrastructure and web design of this Website are the property of Bluejays Travel and Tours, or of our suppliers, providers or contributors. You agree not to reproduce, transmit, display, publish or sell these information or services.

You are bound not to post or transmit through this website any material or content that violates or infringes in any way the rights of others, or solicits, encourages or promotes the use of illegal substances or activities, or materials that are unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent, objectionable or otherwise violates any applicable law

You may not engage in any activity on this Website that restricts or inhibits any other user from using or enjoying this Website such as by “hacking”, “cracking”, “spoofing”, defacing any portions of this website, or imposing an unreasonable or disproportionately large load on our infrastructure, or creating a deep-link to any portion of this Website.

You may not post or transmit through this website advertising or commercial solicitations; promotional materials relating to services which are competitive with Bluejays Travel and Tours and/or this Website; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings, or spam mail.

You are not allowed to use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents. You may not harvest or collect information about visitors of this Website without their express written consent.

Bluejays Travel and Tours reserves the right to file civil and criminal charges and seek damages to the fullest extent permitted by law from any person who commits any of the foregoing prohibited acts.

 

TRADEMARKS AND COPYRIGHT

The trademarks, logos, and service marks displayed on this website are the property of Bluejays Travel and Tours or their respective owners. You are not permitted to use these items without the prior written consent of Bluejays Travel and Tours or their respective owners. You may, however, use these trademarks, logos and service marks in printing your travel itineraries for individual non-commercial use.

The copyright for texts, photographs, web design, software and other contents of this Website are the property of Bluejays Travel and Tours, or owned by entities that authorized Bluejays Travel and Tours to make the copyrighted materials available on this Website. Bluejays Travel and Tours strictly prohibits the redistribution or copying of the contents of this Website, in whole or in part, without written permission from Bluejays Travel and Tours. Bluejays Travel and Tours authorizes you to display on your computer, download, or print the pages from this website provided:

The copyright notice appears on all printouts;

The material will not be altered in any way;

The content is used for personal non-commercial use only; and

You do not redistribute or copy the information to any other media.

If you are aware of any copyright or trademark infringement of materials owned by Bluejays Travel and Tours, please let us know by contacting us.

 

REVIEWS AND POSTINGS

You may submit reviews, comments, testimonials, ratings or photographs that will be posted on this Website. However, you warrant that you are the copyright owner, or authorized by the owner, of the materials that you post and that no privacy or any other right is violated. You likewise authorize Bluejays Travel and Tours to, free from royalty, use, store, reproduce, publish or translate the materials you posted and that we can attribute them in your name. You own the intellectual property rights over the materials you posted, subject to the rights granted to Bluejays Travel and Tours as described herein. You may remove the materials you posted but the rights granted to Bluejays Travel and Tours shall remain.

We reserve the right to remove from this Website the posted material for any reason and without need of notice to you. We shall, at our discretion, remove posted materials that we deem to be infringing, libelous, obscene, threatening or defamatory and materials for solicitation of funds, advertising, political campaign and the like.

You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.

If you believe any material posted on this Website infringes an intellectual property right, please contact us. Please include the following in your notification

  1. A description of the material that you claim is infringing on the said intellectual property; and
  2. Your name and contact number or email address where you can be contacted.

 

THIRD PARTY SUPPLIERS

Our Third Party Suppliers, such as airlines, hotels, car rentals, cruises and tour operators, are not employees or agents of Bluejays Travel and Tours but independent contractors. By posting their products and services in this Website, we are not endorsing nor affiliating them with us. Your interaction with our Third Party Suppliers through this Website is at your own risk, and Bluejays Travel and Tours will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any of our Third Party Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with our Third Party Suppliers.

Bluejays Travel and Tours may have pre-negotiated a better rate with our Third Party Suppliers for your benefit. The rates indicated on this Website already include the total of the pre-negotiated rates and the service charge collected by Bluejays Travel and Tours.

Some of our Third Party Suppliers require you to sign their liability waiver prior to participating in the service they offer. You are free to refuse to execute the liability waiver. However, such refusal shall result in you not being able to participate in the particular service where you agree not to execute a waiver.

We reserve the right to cancel your booking if full payment is not received in a timely fashion. Some Third Party Suppliers like hotels, car rentals or tour operators may require you to present a credit card or cash deposit intended to cover additional expenses. Such deposit is not connected with the payment made to Bluejays Travel and Tours at the time you made your booking.

You may also modify or cancel your travel booking, subject to the applicable fees charged and refund policies of our respective Third Party Supplier.

The taxes for services of Third Party Suppliers are remitted by them.

 

TRAVEL REQUIREMENTS AND RISKS

We do not warrant that travel to destinations posted in our Website is risk free. Thus, we are not liable for any damage, loss, injury or death caused by travel to such destination.

You shall be solely responsible in obtaining all the travel requirements and documents such as but not limited to passport validity, visa, travel insurance and immunization.

 

DISCLAIMER OF LIABILITY

THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. BLUEJAYS TRAVEL AND TOURS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE OR ANY CONTENT. BLUEJAYS TRAVEL AND TOURS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLUEJAYS TRAVEL AND TOURS DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH THE USE OF THIS WEBSITE OR ANY CONTENT. BLUEJAYS TRAVEL AND TOURS MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY BLUEJAYS TRAVEL AND TOURS AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

 

INDEMNIFICATION
By agreeing with these Terms and Conditions, you also agree to defend and indemnify Bluejays Travel and Tours, our Third Party Suppliers, as well as the officers, employees, or any one acting on behalf of Bluejays Travel and Tours or our Third Party Suppliers, for any of your acts constituting breach of any provision of this Terms and Conditions, other agreements incorporated herein, or any applicable laws.

 

EXTERNAL LINKS

This website contains links to other websites which are provided for convenience only. Our inclusion of hyperlinks to such external websites does not imply any endorsement of the material on such websites or any association with their operators. Bluejays Travel and Tours has not reviewed the external websites and do not control them. Thus, we are not responsible for their contents or the privacy or other practices of such external websites. You should refer to the separate terms of use, privacy policies, and other rules posted on the external websites before you use them.

You agree not to create a link from any website, including any website controlled by you, to this Website.

 

GOVERNING LAW

Bluejays Travel and Tours operates this Website from the Republic of the Philippines. If you use this Website from outside of the Philippines, you are responsible for compliance with the applicable laws of the country, federal or state laws, or local laws where you are accessing this Website. Bluejays Travel and Tours makes no representation that the products and services referenced herein are appropriate, or available, worldwide and in fact certain products and services may not be available worldwide.

The laws of the Republic of the Philippines shall govern the interpretation and enforcement of this Terms and Conditions. Any legal action arising from the use of this Website shall be exclusively commenced in the courts in the Philippines, within two years (2 years) from the time the cause of action accrued.

 

WARRANTIES
Bluejays Travel and Tours is not responsible if the information that is made available on this Website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.

No warranty is also made on the following:

That the information, content or travel itinerary in this Website are error-free, updated, true and accurate;

That we will answer any question or notification submitted to us;

That you will receive the lowest price for the product or service; and

Any matter relating to the performance of products and services offered in this Website.

Furthermore, Bluejays Travel and Tours does not warrant the accuracy of reviews and ratings for our Third-Party Suppliers and you are advised to make your own independent evaluation.

 

SOCIAL MEDIA

Bluejays Travel and Tours may market its products and services through social media such as Facebook, Twitter and Instagram. You agree to be bound by these Terms and Conditions in accessing this Website through social media sites.

 

SEPARABILITY
If any part of these Terms and Conditions is found to be invalid, the remaining parts shall remain valid and subsisting.

The captions or headings provided under these Terms and Conditions are strictly for your convenience and are not intended to limit the scope of the prohibitions provided under such caption or heading.

 

MODIFICATION OR TERMINATION

Bluejays Travel and Tours reserves the right to change these Terms and Conditions from time to time, in whole or in part, without notice to you. You should check back often so you are aware of your current rights and responsibilities. Your continued use of this Website after changes to the Terms and Conditions have been published constitutes your binding acceptance of the updated Terms and Conditions. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease all use of this Website.

 

CANCELLATION AND REFUND POLICY

The Policy below govern the relationship between you, the client and us, BLUEJAYS TRAVEL AND TOURS bound by all details contained herein are, to the best of our knowledge, correct and it is in good faith that we have published them.

  1. No refund for unutilized nights, including those resulting from delayed check-in or early check-out.
  2. In case of bad weather only re-booking can be made with respective charges.
  3. Complaints must be reported to the hotel / service provider on the spot. BLUEJAYS TRAVEL AND TOURS will not be liable for any compensation for a problem which could be rectified during the client’s stay, has the hotel/BLUEJAYS TRAVEL AND TOURS been aware of it.
  4. No refund for all confirmed booking. No refund for No Show or on The Spot cancellation.
  5. No refunds can be made in case any of the services included in our tour packages cannot be provided at the time of the tour for reasons beyond our control of such as caused by forces of nature, like typhoon, earthquakes or any other natural calamity that may occur.
  6. All Deposit Payment is Non-Refundable.

 

CONTACT US

Should you have any question regarding these Terms and Conditions, you can contact us here. We shall endeavour to promptly respond to your questions. However, Bluejays Travel and Tours does not warrant that we shall respond to all of your questions and this shall not give rise to any liability.