Terms of service

Thank you for travelling virtually with Virtualtrips!

  1. The Terms of Service
    1. The following sets out the terms of service which govern your use of and access to our Website and Services (as defined below) and constitute a legally binding agreement between you and Virtualtrips Limited (the Terms of Service).
    2. Virtualtrips Limited is registered in England and Wales under company registration number 12623120 and with its registered address at 27 Old Gloucester Street, London, WC1N 3AX, United Kingdom (Virtualtrips Limited).
    3. Virtualtrips Limited (Virtualtrips, we, us, our) is a virtual travel platform that offers a range of online travel experiences to allow you to travel the world from anywhere. We own the website www.virtualtrips.io and any webpage, subdomain, subpart and variant of that website (the Website). We enable certain third parties (Hosts) to publish, offer and run live-streamed and online tours (Tour Services). We also provide related services available through our Website (together with Tour Services collectively referred to as the Services).
    4. The Privacy Policy and Cookies Policy are incorporated by reference into these Terms of Service.
    5. You, your, user refers to any person or legal entity that accesses or uses the Website or the Services. These include users who have registered with an account on the Website.
  2. Access to the Website and prohibited activities
    1. We have the right to suspend, amend or revoke access and use of our Website without notice. We grant you a personal, non-transferable and revocable limited right to access the Website and use the Services.
    2. We have the right to limit access to the Website, or any part of the Website, to a registered user.
    3. By using and accessing the Website you warrant and agree that you will not:
      1. breach or attempt to breach any national or international laws or relevant rule or regulation. This includes when you add Content (defined below) to the Website or while you provide Tour Services if you are a Host;
      2. violate any confidentiality, copyright, trademark or other proprietary interest without the explicit consent of the right holder;
      3. in any manner expose or infect the Website or its users’ devices with any viruses or malware or any other code that interrupts or damages the Website and Services;
      4. otherwise interfere with or damage the Website and related services in any way. This includes, but is not limited to, attempting to overload, crash or spam the Website and its users;
      5. provide false or misleading information;
      6. add Content to the Website that is offensive or otherwise use offensive language and images while using the Website or the Services;
      7. frame, mirror, or otherwise incorporate any part of the Website or the Services into any other website or service without our written consent. For the avoidance of doubt, this includes creating any deep-link;
      8. attempt to reverse engineer, modify or translate any software we use;
      9. download any Content available through the Website or the Services, except as explicitly permitted by us;
      10. use the Website, Services and any Content provided through the Website and Services, for any commercial or competitive purpose, except as specifically allowed in these Terms of Service or our written consent. For the avoidance of doubt this includes collecting or using any personal information provided by users without our written consent;
      11. use the Website to solicit, recruit or contact Hosts for employment or business purposes not affiliated with Virtualtrips without our written consent; and
      12. circumvent any security features, including but not limited to those that prevent unauthorised access to a user’s account or the downloading of Content on the Website or Service.
  3. Our role
    1. We are not a retailer or organiser of travel packages under Directive (EU) 2015/2302.
    2. Hosts are solely responsible for the Tour Services that they provide and users who make a booking enter into a contract directly with the Host. Virtualtrips is not a party to that contract.
    3. We act as the Host’s limited agent solely for the purpose of collecting payment on behalf of the Host. We use a third party payment provider to manage online card payment transactions.
    4. It is free to create an account and list a tour on the Website. We charge a fee when a user makes a tip or pays for a ticket for a tour. The fees vary based on the individual arrangements between Virtualtrips and the Host and are included in the tip given or the price specified for the tour and deducted by us from the amount owed by Virtualtrips to the Host. The fees may include other charges such as, but without limitation, taxes, royalties and processing fees. The fees are intended to cover costs Virtualtrips incurs to make the platform available to Hosts and other users.
    5. We do not control any fees charged by your bank and/or credit card company, including fees for transactions in foreign currencies or from foreign persons. Please be aware that currencies rates fluctuate and we do not warrant or verify any currency rates as being accurate.
    6. If you request a refund or exchange, it will be processed by us so long as the request is made 24 hours in advance of the start of the Tour Service.
  4. Hosts
    1. If you choose to become a Host, you agree that your relationship with Virtualtrips is limited to being a third-party and independent contractor, and not as an employee, partner, joint venture or agent of Virtualtrips for any reason.
    2. You agree that you act exclusively for your own benefit and on your own behalf.
    3. You acknowledge that you have the unrestricted option to engage in other employment or business activities.
    4. You are solely responsible for (i) the Content that you add to our Website and the Content you provide during the Tour Service; (ii) your performance and conduct during the Tour Service; and (iii) the acceptable delivery of the Tour Service with all required equipment.
    5. You are solely responsible for (i) complying with all laws, rules and regulations that apply to your Tour Service; (ii) complying with any legal obligations you have with third parties; and (iii) obtaining any required permit or license prior to the start of the Tour Service.
    6. Should you fail to deliver a Tour Service to an acceptable standard then you will compensate and indemnify Virtualtrips for any losses incurred by us. This does not apply when the failure was due to reasons outside of your reasonable control.
  5. Account registration
    1. To obtain access to certain parts of the Website and certain Services, you will need to register for a free account. You will choose a username and password. You warrant and agree that any information you supply when you register will be complete, accurate and correct. You also agree not to register in the name of someone else or choose a username that we consider to be offensive. Your personal information will be protected in accordance with our Privacy Policy.
    2. You are solely responsible for all activity on your account and you agree to keep your password and login details confidential. You agree to notify us of any breach of security or unauthorised access to your account.
    3. You must be of the legal age of majority for where you live to use the Services. If not, you will be able to do so only with the involvement of a parent or guardian. You may not register for an account or use the Services if you are under the age of 13.
  6. Content
    1. You agree that all material provided through and contained in the Services or otherwise made available on the Website (including but not limited to design, formatting, images, videos, names, text and other content (collectively, Content)) (Site Content) is protected by copyrights, database rights, trade secrets, trademarks, or other intellectual and proprietary rights.
    2. You agree not to sell, modify, license, copy, distribute, publish or post any Site Content on any other website or online environment.
    3. For any Content you provide, contribute or make available in connection with the Website or the Services (Provided Content), you agree to grant to Virtualtrips a worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free right and license to use, access, reproduce, adapt, modify, display, transform, distribute, translate, publish and create derivative works based on Provided Content in any media, for the purpose of operating the Website and the Services, including any advertising and promotional services. This does not restrict your right to use Provided Content for purposes outside the scope of the Services.
    4. You agree and warrant that you have the necessary rights and authority to grant the rights and licenses specified in clause 6.3 without violating these Terms of Service; any laws or regulations; or any third party rights.
    5. You agree that any suggestions for modification or change to the Services and any other information or feedback provided to us by you (Suggestions), is the property of Virtualtrips.
    6. Any modification or enhancement developed or made by us relating to the Suggestions (Modifications) is the property of Virtualtrips.
    7. You agree to assign to Virtualtrips any interest or right (including any intellectual or proprietary right such as, but not limited to, copyright, trade secret, trademark or know how) that you may have in any Suggestions or Modifications. At our request you will use your best endeavours to execute any formalities, registrations or documents to give effect to clauses 6.5 to and including 6.7.
  7. Limitation of liability
    1. We are not liable for any (i) interruptions of the internet and associated infrastructure which affects access to the Website and the Services; and (ii) failure to perform any of obligation we have under these Terms of Service due to matters which are beyond our reasonable control.
    2. We may need to perform maintenance on our Website from time to time and cannot guarantee that the Website will always be accessible and available. The Website is provided on an “as-is” and “as-available” basis.
    3. We are not liable if our Website is not available for any period of time, irrespective of the reason.
    4. The Content displayed on our Website or Services is provided without any warranties, conditions or guarantees as to its accuracy. You agree and understand that you may be exposed to Content that is offensive, inaccurate or fraudulent while using the Service and you waive, and agree to waive, any legal or equitable rights or remedies you have against us with respect to such Content.
    5. We do not warrant that the Website is free from viruses or any other damaging or malicious computer programs.
    6. We are not responsible for any loss, damage or disruption to your data or electronic system or device that might happen when you use the Website and Services.
    7. To the extent permitted by law we exclude (i) all warranties, conditions and other terms otherwise implied by law or equity; (ii) any liability for an indirect, consequential or direct loss or damage (including, but not limited to, loss of profits; income; business; data; goodwill; management or office time; and any other loss or damage howsoever arising and whether caused by breach of contract, negligence or another tort, or otherwise, even if it was foreseeable) incurred by any user in connection with our Website or the Services, or any Content or websites linked to by our Website or in the Services.
    8. Nothing in these Terms of Service limits our liability for (i) death; (ii) personal injury caused by our negligence; (iii) fraudulent misrepresentation; or (iv) any liability which cannot be limited or excluded under applicable law.
  8. Indemnification
    1. To the maximum extent permitted by law, you agree to indemnify, release and defend (at our option) Virtualtrips and any of its directors, officers, employees and agents from and against any causes of action, demands, claims, recoveries, damages, liabilities, losses, fines, penalties or other costs or expenses of any kind including, but not limited to, reasonable legal and accounting fees, brought by third parties in connection with your (i) violation of any law, regulation or third party right; (ii) breach of these Terms of Services or documents referenced herein; or (iii) your use of the Website and the Services, including any interactions with other users.
  9. Taxes
    1. If you agree to become a Host, you are solely responsible for understanding and determining your obligations to report, remit, collect or include in the fee you post on the Website any applicable taxes. These taxes may include, but are not limited to, any applicable VAT, indirect sales tax, or corporate or personal income taxes.
    2. Hosts warrant and represent that they will pay such taxes in compliance with the applicable tax law.
    3. We may be required by certain tax law or regulations to collect appropriate tax information from you as a Host. We may also be required to withhold taxes from the payments made to you as a Host and we reserve the right to withhold payments up to the relevant tax amount as required until resolution is reached with the appropriate tax authority.
  10. Term and Termination
    1. We have the right to amend and vary the Terms of Service at any time and it is up to you to check whether any changes have been made. If you use or access the Website after these Terms of Service have been updated, then you will have accepted the changes made.
    2. These Terms of Service will remain in effect until terminated in accordance with this clause.
    3. Without prejudice to clause 2.1 or 10.5, we may terminate the Terms of Service for convenience at any time by giving you 7 days’ notice to your registered email address.
    4. You may terminate the Terms of Service at any time by sending us an email at info@virtualtrips.io. If you are a Host then any confirmed tours will be cancelled and a refund will be issued.
    5. We may terminate the Terms of Service and/or cease providing access to the Website without notice if we believe in good faith that (i) you have violated applicable laws, regulations or third party rights; (ii) you have materially breached your obligations under these Terms of Service; or (iii) it is necessary to protect the property, personal safety or rights of Virtualtrips, its users or third parties.
  11. Links to third party websites
    1. The Website has links to third party websites that are not owned or operated by us. We are not responsible for the content on those websites and the act of linking to those websites does not imply our endorsement of the material contained on those websites or of the controllers or owners.
  12. Governing law
    1. These Terms of Service are governed by and construed in accordance with the laws of England and Wales.
    2. Any dispute which relates to these Terms of Service, or your use of the Website or Services, will be subject to the exclusive jurisdiction of the courts of England and Wales.
  13. General
    1. We may decide not to exercise or enforce any right available to us under these Terms of Service. Doing so does not waive our rights and we reserve our ability to exercise or enforce that right at a later date.
    2. If any of the provisions in these Terms of Service are found to be invalid, illegal or unenforceable for any reason, then that provision will be replaced by an enforceable and valid provision that matches the intent of the original provision as far as possible, and the remaining provisions will continue to be enforceable and in full effect.
    3. If you do not agree to abide by these Terms of Service then you are required to stop using the Website.
    4. We have the right to assign or subcontract any or all of our rights and obligations under these Terms of Service to a third party. If we choose to use this right, then you will have the option to terminate your account within 7 days. You are not permitted to assign or dispose of any right or obligation under these Terms of Service without our written consent.
    5. Clauses 6 (Content), 7 (Limitation of liability), 8 (Indemnification), 9 (Taxes), 10 (Term and termination), 12 (Governing law), and 13 (General) will survive any termination of the Terms of Service.
  14. Contact
    1. For any questions or assistance you can send us an email at info@virtualtrips.io and we will endeavor to reply as quickly as possible.