Terms and Conditions
Introduction and Definition
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through suppliers) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our (mobile) website or any of our applications through whatever platform (hereafter collectively referred to as the “website”) 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 provided on these pages and through the website are owned, operated and provided by tripcush.com and are provided for your personal, 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, reservations, products or services available on our Platform for any commercial or competitive activity or purpose.
“tripcush.com”, “us”, “we” or “our” means tripcush, a private limited company incorporated under the laws of the Federal democratic republic of Ethiopia, and having its registered address at Addis Ababa, N/s/Lafto, Ethiopia.
“Platform” means the website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by tripcush.com.
“Service” means the online reservation service (including the facilitation of payments) of various products and services as from time to time made available by Suppliers on the Platform and/or any related service made available by tripcush and its platform.
“Supplier” means the provider of accommodation (e.g. hotel, apartment), activities, car rentals, tour operations, and any other travel or related product or service as from time to time available for reservation and information provision on the Platform.
tripcush.com disclaims any liability or responsibility for any communication with the Supplier on or through its platform. You cannot derive any rights from any request to, or communication with the Supplier or (any form of) acknowledgement of receipt of any communication or request. tripcush.com cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the Supplier.
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 tripcush.com 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.
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 confirmation email or invoice (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
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,
any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Supplier as made available on our Platform,
the services rendered or the products offered by the Supplier or other business partners/affiliates/suppliers,
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,
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 Supplier or any of our other business partners (including any of their employees, directors, officers, agents, representatives 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.
Whether or not the Supplier has charged you for your room, product or service, or if we are facilitating the payment of the (room/reservation) price, you agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of the applicable taxes due on the total amount of the (room/reservation) price to the relevant tax authorities. tripcush.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (room/reservation) price to the relevant tax authorities tripcush.com 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 tripcush.com may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as tripcush.com at its discretion sees fit. You are granting tripcush.com 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 tripcush.com 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 tripcush.com publishing and using these photos/images. tripcush.com 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 tripcush.com. tripcush.com 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 aforementioned criteria will not be posted and/or can be removed/deleted by tripcush.com at any time and without prior notice.
Through the Platform, we (tripcush.com or Tripcush Trading PLC and its affiliate (suppliers and/or distribution partners) provide an online platform through which Suppliers can advertise their products and service for reservation, and through which visitors of the Platform can make such reservations by the reservation service made available. By making a reservation through tripcush.com, you enter into a direct (legally binding) contractual agreement with the Supplier with which you make a reservation or purchase a product or service (as applicable). From the point at which you make your reservation, we act solely as an intermediary between you and the Supplier, transmitting the details of your reservation to the selected(booked) Supplier(s) and sending you a confirmation email (or SMS/phone call) related for and on behalf of the Supplier.
When rendering our Service, the information that we disclose is based on the information provided to us by Suppliers. As such, the Suppliers are given access to an extranet (portal to our website) through which they are fully responsible for updating all rates, availability and other relevant information which is displayed on our Platform. Although we will use skills and resources available at our disposal 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 Supplier remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates 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 of any Supplier (or its facilities, venue, products or services) made available.
Prices, crossed-out rates
The prices on our Platform are highly competitive. All room prices are per room for your entire stay and all prices are displayed including VAT/sales tax and all other taxes (subject to change of such taxes), unless stated differently on our Platform or the confirmation email/invoice. Product or service prices are per person or group as displayed in the website and subject to validity as indicated on the email/invioce, if applicable. Applicable fees and taxes may be charged by the Supplier or tripcush in the event of a no-show or cancellation fee. The currency converter is for information purposes only and should not be relied upon as accurate and real time; although tripcush updates the information on the site regularly, actual variations of rates is possible. Obvious errors and mistakes (including misprints) are not binding. All special offers and promotions seen on the website are marked as such. The crossed out rate is one form of discount (among others) provided by tripcush in which affiliates/suppliers can update the pricing of their services to be displayed on the site after its verification and approval by tripcush.
Privacy and Cookies
tripcush.com respects your privacy. Please have a look at our privacy and cookies policy for further information.
We at tripcush aim to provide a superior service in an event of any travel related inquires made by the customer. As such, due to the products and services made available by the site, we incur our customers no charge for the products and services they get from our platform.
Suppliers pay a commission (percentage of the product price (e.g. room price) to tripcush.com after the end user has consummated the service or product of the Supplier or after the guest has stayed at (and paid) the accommodation.
Credit Card or Bank Transfer
If applicable and available, certain Suppliers offer the opportunity for reservations to be paid (wholly or partly and as required under the payment policy of the accommodation) to the Supplier 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, tripcush.com facilitates (through third party payment processors) the payment of the relevant product or service (i.e. the payment facilitation service) at the selection of the customer (tripcush.com neither 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 the Supplier through a third-party payment processor.
For certain (i.e. non-refundable) rates or special offers, please note that Suppliers may require that payment is made upfront by wire transfer (if available) or by credit card or debit 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 reservation. You will not hold tripcush.com responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Supplier and not (re)claim any amount for any valid or authorized charge by the Supplier (including for pre-paid rates, no-show and chargeable cancellation) of your credit card or debit card.
In the event of 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.
Pre-payment, Cancellation, no-show and fine print
By making a reservation with a Supplier, you accept and agree to the cancellation and no-show policy of that Supplier, and to any additional (delivery) terms and conditions of the Supplier that may apply to your visit or stay (including the fine print of the Supplier made available on our Platform and the accommodation rules of the Supplier), including for services rendered and/or products offered by the accommodation provider (the delivery terms and conditions of an accommodation provider can be obtained with the accommodation provider). The general cancellation and no-show policy of each Supplier is made available on our confirmation email which will redirect you to the Supplier’s information page, during the reservation procedure and in the confirmation email or ticket or invoice (if applicable). Please note that tripcush.com will also reserve the rights of deducting a small amount of fee in an event of a no-show or cancelled reservation. Certain rates or special offers are not eligible for cancellation or change. 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 payment date in accordance with the relevant payment policy of the Supplier and the reservation. Cancellation and prepayment policies may vary according to room type. Please carefully read the fine print (below the room types or at the bottom of each Supplier page on our Platform) and important information in your reservation confirmation for additional policies as may be applied by the Supplier (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 Supplier agrees or allows otherwise under its (pre)payment and cancellation policy.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein or send an email to the address firstname.lastname@example.org to state the subject and details of the case with the username of the booking party. Please note that you may be charged for your cancellation in accordance with the accommodation 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 the Supplier so they know when to expect you to avoid cancellation of your reservation or room or charge of the no-show fee. Our customer service department can help you if needed with informing the Supplier. tripcush.com does not accept any liability or responsibility for the consequences of your delayed arrival or any cancellation or charged no-show fee by the Supplier.
Additional Communications and Contact
By completing a booking, you agree to receive
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.
an email which we may send to you after your stay inviting you to complete our guest review form. Please see our privacy and cookies policy for more information about how we may contact you.
Ranking, stars and guest reviews
The default setting of the ranking of Suppliers on our Platform is ‘Recommended’ (or any similar wording) (the “Default Ranking”). For your convenience we also offer other ways to rank Supplier. Please note that the Default Ranking is created through a fully automatic ranking system (algorithm) and based on multiple criteria, which include not only the popularity of a Supplier among our visitors, but also customer service history and certain booking-related data (number of bookings, cancellations, conversion rate, etc). On-time payment of commission by a Supplier and the commission percentage are also included in the algorithm; however, they are two of the several (but definitely not leading) factors in the Default Ranking.
In certain cities and regions, tripcush.com operates a featured partner initiative, allowing certain Suppliers that meet and maintain the requirement terms to be listed ahead of the rest of the Suppliers in the default “Recommended” ranking for the relevant city/region. The preferred Suppliers are marked with a “featured” symbol and in return for this high ranking, the preferred Supplier pays a higher commission. Only Suppliers that meet and maintain certain qualification criteria can be listed as preferred.
The stars used for non-hotel accommodations (e.g. bed & breakfasts or activities) do not correspond to the star ranking system as may be applicable to hotel accommodations.
The completed guest review may be
(a) uploaded onto the relevant Supplier’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 Supplier, and
(b) (wholly or partly) used and placed by tripcush.com 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 tripcush.com and our business partners. We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.
Intellectual Property Rights
Unless stated otherwise, the web application required for our services or available at or used by our Platform and the intellectual property rights (including the copyrights) of the contents and information and visual design on our Platform are owned by Tripcush Trading private limited company, its suppliers or providers.
tripcush.com exclusively retains ownership of all rights, title and interest in and to (all intellectual property rights of) (the look and feel (including infrastructure) of) the Platform on which the service is made available (including the guest reviews and translated content) and you are not entitled to copy, scrape, (hyper-/deep)link to, publish, promote, market, integrate, utilize, combine or otherwise use the content (including any translations thereof and the guest reviews) or our brand without our express written permission. To the extent that you would (wholly or partly) use or combine our (translated) content (including guest reviews) or would otherwise own any intellectual property rights in the Platform or any (translated) content or guest reviews, you hereby assign, transfer and set over all such intellectual property rights to tripcush.com. Any unlawful use or any of the aforementioned actions or behavior will constitute a material infringement of our intellectual property rights (including copyright and database right).
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the federal democratic republic of Ethiopia laws and regulations and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Addis Ababa, Ethiopia.
The original English version of these terms and conditions may be translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our Platform or shall be sent to you upon your written request.
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.