terms and conditions
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (hereafter collectively referred to as the “Platform”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online reservation service (including the facilitation of payment service) provided by us on these pages and through the website are owned, operated and provided by Crystal Voyage Ltd and are provided for your personal, non-commercial (B2C) use only, subject to the terms and conditions set out below. The relationship that we have with the Service Providers are governed by separate terms and conditions which govern the (B2B) commercial relationship we have with each of these service Providers. Each service Provider acts in a professional manner vis-à-vis Crystal when making its product and/or service available on or through Crystal (both for its business-to-business (“B2B”) and/or business-to- consumer (“B2C”) relationship). Please note that service Providers may have, declare applicable and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website, their own (delivery / shipping / carriage / usage) terms and conditions and house rules for the use, access and consummation of the service/product (which may include certain disclaimers and limitations of liability).
Definitions
“Crystal Tours “, “us”, “we” or “our” means Crystal Voyage Ltd, a limited liability companyincorporated under the laws of Kenya, and having its registered address at Luther Plaza Nairobi Kenya. “Platform” means the website on which the Service is made available owned, controlled, managed, maintained and/or hosted by Crystal Tours. “Trip” means the various different travel products and services that can be ordered, acquired, purchased, bought, paid, rented, provided, reserved, combined or consummated by you from the Service Provider.
“Service Provider” means the provider of accommodation (e.g. hotel, motel, apartment, bed & breakfast, landlord), attractions (e.g. (theme) parks, museums, sightseeing tours), transportation provider (e.g. car rentals, cruises, rail, airport rides, coach tours, transfers), tour operators, travel insurances, and any other travel or related product or service as from time to time available for Reservation on the Platform (whether B2B or B2C).
“Service” means the online purchase, order, (facilitated) payment or reservation service as offered or enabled by Crystal Tours in respect of various products and services as from time to time made available by Service Providers on the Platform.
” Reservation” means the order, purchase, payment, booking or reservation of a Service.
1. Scope and nature of our Service
Through the Platform, we (Crystal Tours and its affiliate (distribution) partners) provide an online platform through which Service Providers can advertise, market, sell, promote and/or offer (as applicable) their products and service for order, purchase, reservation, rent or hire, and through which relevant visitors of the Platform can discover, search, compare, and make an order, reservation, purchase or payment (i.e. the Service). By using or utilizing Service (e.g. by making a Reservation through the Platform), you enter into a direct (legally binding) contractual relationship with the Service Provider in which you make a reservation or purchase a product or service (as applicable). From the point at which you make your Service/Product Reservation, we act solely as an intermediary between you and the Service Provider. We transmit the relevant details of your Reservation to the relevant Service Provider(s) and send you a confirmation email for and on behalf of the Service Provider.
Although we will use reasonable skill and care in performing our Service, we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our Platform or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each Service Provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability) displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating, type of accommodation of any Service Provider (or its facilities, venue, vehicles, (main or ancillary) products or services) made available, save as explicitly indicated or set out otherwise.
Our Service is made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, reservations, tickets, products or services available on our Platform for any commercial or competitive activity or purpose.
2. Prices
The prices as offered by the Service Providers on our Platform are highly competitive. All prices for your Trip are displayed including VAT/sales tax and all other taxes (subject to change of such taxes) and fees, unless stated differently on our Platform or the confirmation email/ticket. Ticket prices are per person or group and subject to validity or expiration as indicated on the ticket, if applicable. Applicable fees and taxes (including tourist/city tax) may be charged by the Service Provider in the event of a no-show or cancellation.
Sometimes cheaper rates are available on our Platform for a specific stay, product or service, however, these rates made available by Service Providers may carry special restrictions and conditions, for example non-cancelable and non-refundable. Please check the relevant product, service and reservation conditions and details thoroughly for any such conditions prior to making your reservation.
We want you to pay the lowest price possible for your product and service of choice. Should you find your property of choice booked through the Platform, with the same Trip conditions, at a lower rate on the Internet after you have made a reservation through us, we will match the difference between our rate and the lower rate provided the supplier is willing to match the price. Always request for a price match through our emails and our support staff will be on hands to assist you the best way possible. Our We Price Match promise does not apply to non-accommodations related products and services.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such. If they are not labelled as such, you cannot derive any rights in the event of obvious errors or mistakes.
3. Privacy and cookies
Crystal Tours respects your privacy. your privacy is important to us. That might be the kind of thing all these notices say, but we mean it. You place your trust in us by using Crystal Tours services and we value that trust. That means we’re committed to protecting and safeguarding any personal data you give us. We act in our customers’ best interest and we are transparent about the processing of your personal data.
4. Credit card or bank transfer
If applicable and available, certain Service Providers offer the opportunity for Reservations to be paid (wholly or partly and as required under the payment policy of the Service Provider) to the Service Provider during the Reservation process by means of secure online payment (all to the extent offered and supported by your bank). For certain products and services, Crystal Tours facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of the Service Provider (Crystal Tours never acts nor operates as the merchant of record). Payment is safely processed from your credit/debit card or bank account to the bank account of Crystal Tours provider through a third party payment processor. Any payment facilitated by us for and on behalf of, and transferred to the Service Provider will in each case constitute a payment of (part of) the booking price by you of the relevant product or service in final settlement of such (partial) due and payable price and you cannot reclaim such paid monies.
For certain (non-refundable) rates or special offers, please note that Service Providers may require that payment is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorized or charged (sometimes without any option for refund) upon making the Reservation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your Trip Reservation. You will not hold Crystal Tours liable or responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Service Provider and not (re)claim any amount for any valid or authorized charge by the Service Provider (including for pre-paid rates, no-show and chargeable cancellation) of your credit card.
In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse, which may sometimes be subject to a deductible.
5. Pre-payment, cancellation, no-show and fine print
By making a Reservation with a Service Provider, you accept and agree to the relevant cancellation and no-show policy of that service Provider, and to any additional (delivery) terms and conditions of the Service Provider that may apply to your Service (including the fine print of the Service Provider made available on our Platform and the relevant house rules of the Service Provider), including for services rendered and/or products offered by the Service Provider. The relevant (delivery/purchase/use/carrier) terms and conditions of a Service Provider can be obtained with the relevant Service Provider. The general cancellation and no-show policy of each Service Provider is made available on our Platform on the Service Provider information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Please note that certain rates, fees or special offers are not eligible for cancellation, refund or change. Applicable city/tourist tax may still be charged by the Service Provider in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a Reservation which requires down payment or (wholly or partly) prepayment may be cancelled (without a prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Service Provider and the reservation. Cancellation and prepayment policies may vary per segment, product or service of each Trip. Please carefully read the fine print (below the Service types or at the bottom of each Service Provider page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Service Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted). Late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds are for your own risk and account and you shall not be entitled to any refund of any (non-refundable) prepaid amount unless the service Provider agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your Trip Reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Service Provider’s cancellation, (pre)payment and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend that you read the cancellation, (pre)payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with Us so that we can communicate to the service provider on time to know when to expect you to avoid cancellation of your (Reservation) or charge of the no-show fee. Our customer service department can help you if needed with informing the Service Provider. Crystal Tours does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Service Provider.
6. (Further) correspondence and communication
By completing a Reservation, you agree to receive (i) an email which we may send you shortly prior to your arrival date, giving you information on your destination and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your (Reservation) and destination, (ii) an email after arrival to rate the (experience with your) Service Provider and the Service, and (iii) an email which we may send to you promptly after your stay inviting you to complete our guest review form. See our privacy and cookies policy for more information about how we may contact you.
Crystal Tours disclaims any liability or responsibility for any communication by or with the Service Provider on or through its platform. You cannot derive any rights from any request to, or communication with the Service Provider or (any form of) acknowledgement of receipt of any communication or request. Crystal tours cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Service Provider.
In order to duly complete and secure your Reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number or credit card number.
Any claim or complaint against Crystal Tours or in respect of the Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days’ period, may be rejected and the claimant shall forfeit its right to any (damage or cost) compensation.
Due to the continuous update and adjustments of rates and availability, we strongly suggest to make screenshots when making a reservation to support your position (if needed).
7. Ranking, preferred programme, stars and guest reviews
Accommodation’s star rating displayed on Crystal Tours is not determined by US. The accommodation determines their star rating themselves or it is determined by an independent third party provider of (objective) star ratings. Deals are shown on the basis of the number of stars (low to high or high to low) that providers provide to Crystal Tours. Depending on the (local) regulations, the star classifications either are assigned by an (independent) third party, for example an (official) hotel rating organization or are based on the opinion of the accommodation providers themselves, irrespective of objective criteria. Crystal Tours does not impose formal obligations on star ratings and does not review them. Overall, the star classification is a representation of how theaccommodation compares to the legal requirements (if applicable) or, if not regulated, the sector or (customary) industry standards in terms of price, facilities and available services (these requirements and standards can vary between different countries and organizations).
Only customers who have stayed at the Accommodation will be invited by Crystal Tours to comment on their stay at the relevant accommodations and to provide a score for certain aspects of their stay or may receive a rating request during their stay. The completed guest review (including submitted rating during your stay) may be (a) uploaded onto the relevant Service Provider’s information page on our Platform for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Service Provider, and (b) (wholly or partly) used and placed by Crystal Tours at its sole discretion (e.g. for marketing, promotion, or improvement of our service) on our Platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by Crystal Tours and our business partners. In order to offer and maintain recent (and therefore relevant) reviews, reviews can only be submitted within a limited period of time (3 months) after a stay and each review will only be available for a limited period of time (up to 36 months) after posting. The default ranking of the reviews is by date of submission relative to a few additional criteria (such as language, reviews with comments), whereas a review of a customer who [always] submits comprehensive and detailed reviews (aka “Property Scout”) may be ranked on top. You have the option to choose various different forms of ranking and filter (e.g. by audience, date, language, score). Crystal Tours does allow the Service Provider to respond to a review. We reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar it violates our review policy. Crystal Tours does not compensate or otherwise reward a customer for completing a review. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations, or incentives whatsoever. Crystal Tours undertakes to use its best efforts to monitor and remove reviews that include obscenities or the mention of an individual’s name or reference to stolen goods.
Crystal Tours will not accept reviews which include:
- Profanity, sexually explicit, hate speech, discriminatory, threats, violence
- Mention of full names, personal attack towards the staff
- Promoting illegal activities (e.g. drugs, prostitution)
- Sites, emails and addresses, phone numbers, cc details
- Politically sensitive comments
8. Disclaimer
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred by you due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the Reservation confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the service Provider as made available on our Platform, (iii) the services rendered or the products offered by the service Provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v) any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Service Provider or any of our other business partners (including any of their employees, directors, officers, agents, representatives, subcontractors or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the Platform, including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
Crystal tours is not responsible (and disclaims any liability) for the use, validity, quality, suitability, fitness and due disclosure of the Service and makes no representations, warranties or conditions of any kind in this respect, whether implied, statutory or otherwise, including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant Service Provider is solely responsible and assumes all responsibility and liability in respect of the Service (including any warranties and representations made by the Service Provider). Crystal tours is not a (re)seller of the Service. Complaints or claims in respect of the Service (including related to the offered (special/promotion) price, policy or specific requests made by Customers) are to be dealt with by the Service Provider. Crystal tours is not responsible for and disclaims any liability in respect of such complaints, claims and (product) liabilities.
Whether or not the Service Provider has charged you for your Trip, or if we are facilitating the payment of the (Service) price or fee, you agree and acknowledge that the Service Provider is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (Trip) price or fee to the relevant tax authorities. Crystal tours is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (Trip) price or fee to the relevant tax authorities. Crystal tours does not act as the merchant of record for any product or service made available on the Platform.
By uploading photos/images onto our system (for instance in addition to a review) you certify, warrant and agree that you own the copyright to the photos/images and that you agree that crystal tours may use the uploaded photos/images on its website and app, and in (online/offline) promotional materials and publications and as Crystal tours at its discretion sees fit. You are granting Crystal tours a non-exclusive, worldwide, irrevocable, unconditional, perpetual right and license to use, reproduce, display, have reproduced, distribute, sublicense, communicate and make available the photos/images as Crystal tours at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties (including, but not limited to, accommodation owners) due to Crystal Tours publishing and using these photos/images. Crystal Tours does not own or endorse the photos/images that are uploaded. The truthfulness, validity and right to use of all photos/images is assumed by the person who uploaded the photo, and is not the responsibility of Crystal Tours. Crystal Tours disclaims all responsibility and liability for the pictures posted. The person who uploaded the photo warrants that the photos/images shall not contain any viruses, Trojan horses or infected files and shall not contain any pornographic, illegal, obscene, insulting, objectionable or inappropriate material and does not infringe any third party (intellectual property right, copyright or privacy) rights. Any photo/image that does not meet the aforesaid criteria will not be posted and/or can be removed/deleted by Crystal Tours at any time and without prior notice.
Crystal Tours is entitled, with immediate effect, to deny or limit access to our Platform, our (customer) service and/or your Crystal Tours account, and/or to cancel a confirmed reservation, and/or prevent a reservation from being made by you in the event of any alleged or reasonably suspected (i) form of fraud or abuse, (ii) non-compliance with applicable laws and/or regulations, (iii) non-compliance with Crystal Tours values and guidelines, (iv) inappropriate or unlawful behavior, which includes but is not limited to the following: violence, threat, harassment, discrimination, hate speech, endangerment, invasion of privacy, human trafficking, exploitation of children, and obscenity in relation to Crystal tours (or its employees and agents), the Service Provider (or its employees and agents), and/or third parties, or (v) other circumstances that – at Crystal Tour’s sole discretion – reasonably justify Crystal Tours taking any of the aforementioned measures.
9. Applicable law, jurisdiction, and dispute resolution
These terms and conditions and the provision of our services shall be governed by and construed in accordance with Kenyan law. Notwithstanding the foregoing choice of law, a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession (hereinafter also referred to as “consumer”) can rely on the mandatory provisions of the law of the country where they have their habitual residence (i.e. provisions that, in accordance with the choice-of-law rules of the said country, must apply regardless of this choice-of-law clause; hereinafter: “Mandatory Provisions”). Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Nairobi, Kenya. Not withstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of enforcement of relevant applicable Mandatory Provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled. For consumers (in Africa): We advise you to first notify us of any complaints by contacting our Customer Service. If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.