Fabular Holidays DMC Terms and Conditions for B2B Platform

Updated on May 25, 2024

1. Introduction

Welcome to Fabular Holidays DMC's B2B Platform. These terms and conditions ("Terms") govern your use of our business-to-business platform ("Platform") and form a legal agreement between you ("User", "Partner", or "you") and Fabular Holidays DMC ("we", "us", "our").

By accessing or using our Platform, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must not use the Platform. We may update these Terms from time to time, and the latest version will always be available on our Platform. Your continued use of the Platform after any changes constitutes your acceptance of the new Terms.

2. About Us and Contact Information

Fabular Holidays DMC is a destination management company specializing in providing comprehensive travel services to travel agents and tour operators. Our registered office is located at Cadwell Road, Henrietta Mauritius.

For any queries or support, you can contact our customer service team via email at support@fabularholidays.com or by calling our helpline at +230 5949 2380. We also offer live chat support on our Platform.

3. Definitions

• Platform:The B2B platform provided by Fabular Holidays DMC for the purpose of offering travel-related products and services to business partners.

• User/Partner:A travel agent, tour operator, or any other business entity that has registered and uses the Platform to access our services.

• Services:Travel-related products and services offered through our Platform, including but not limited to hotel bookings, tour packages, transportation, and other travel arrangements.

• Supplier: Third-party providers of travel products and services made available through our Platform.

• Booking: A confirmed reservation for any of the Services offered on the Platform.

4. Registration and Account Management

4.1. Registration Process

To access our Platform, you must complete the registration process by providing accurate and complete information. You agree to update your information as necessary to maintain its accuracy.

4.2. Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You must notify us immediately of any unauthorized use of your account or any other breach of security.

4.3. Account Termination

We reserve the right to suspend or terminate your account at our discretion if we suspect any violation of these Terms or any fraudulent activity. You may also terminate your account by contacting us, subject to the settlement of any outstanding payments.

5. Use of the Platform

5.1. Permitted Use

You may use the Platform solely for lawful purposes and in accordance with these Terms. You agree not to use the Platform:

• For any unlawful purpose.

• To solicit others to perform or participate in any unlawful acts.

• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

5.2. Prohibited Activities

You must not:

• Engage in any activity that could damage, disable, overburden, or impair the Platform.

• Attempt to gain unauthorized access to the Platform, user accounts, or computer systems or networks connected to the Platform.

• Use any automated means or processes to access the Platform, including but not limited to robots, spiders, or data mining tools.

• Upload or transmit any viruses, worms, or any other malicious code.

5.3. Intellectual Property

All content, trademarks, service marks, trade names, logos, and intellectual property on the Platform are owned by or licensed to Fabular Holidays DMC. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any of our intellectual property without our prior written consent.

6. Services and Bookings

6.1. Availability and Pricing

All Services are subject to availability and may be withdrawn or amended at any time. Prices for Services are quoted in the applicable currency and may change without notice. However, once a Booking is confirmed, the price will not change.

6.2. Booking Process

When you make a Booking through our Platform, you will receive a confirmation email detailing the services booked and the total cost. It is your responsibility to review the confirmation and notify us immediately of any discrepancies.

6.3. Changes and Cancellations

• By the User: Changes and cancellations to Bookings must be made in accordance with the specific terms provided at the time of booking. Any fees associated with changes or cancellations will be detailed in the booking terms.

• By Fabular Holidays DMC: We reserve the right to cancel a Booking in the event of unforeseen circumstances. In such cases, we will provide a full refund or offer an alternative arrangement.

6.4. Supplier Terms

Bookings made through our Platform are also subject to the relevant Supplier's terms and conditions. It is important that you read these, as they form a separate legal agreement between you and the Supplier. In case of any conflict between these Terms and the Supplier's terms, these Terms will prevail.

7. Payments

7.1. Payment Terms

Payments for Bookings must be made in accordance with the payment terms specified at the time of booking. We accept various forms of payment, including credit/debit cards and bank transfers.

7.2. Invoicing and Settlement

Invoices will be issued at the time of booking. Full payment must be received by the due date stated on the invoice. Failure to make timely payments may result in the cancellation of your Booking.

7.3. Currency

All payments must be made in the currency specified at the time of booking. Any currency conversion costs or bank charges are your responsibility.

7.4. Taxes

All prices quoted on our Platform are exclusive of any applicable taxes, duties, or levies. You are responsible for paying any such taxes associated with your Booking.

7.5. Late Payments

Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. You agree to pay all costs and expenses, including reasonable legal fees, incurred by us in collecting any overdue amounts.

8. Refunds and Chargebacks

8.1. Refund Policy

Refunds are subject to the specific terms provided at the time of booking. We will process eligible refunds within 30 days of the cancellation or change request.

8.2. Chargebacks

In the event of a chargeback, you agree to reimburse us for any amounts charged back to us, including any fees and expenses incurred. We reserve the right to suspend or terminate your account in the event of excessive chargebacks.

9. User Conduct

9.1. Responsibility for Content

You are responsible for all content that you upload, post, or otherwise transmit via the Platform. You must not upload content that is unlawful, defamatory, obscene, or infringes on the rights of others.

9.2. Monitoring and Enforcement

We reserve the right to monitor and review all content posted to the Platform and to remove any content that violates these Terms. We may also take any action we deem necessary to address any violation of these Terms, including suspension or termination of your account.

10. Liability and Indemnity

10.1. Limitation of Liability

To the fullest extent permitted by law, Fabular Holidays DMC, its affiliates, and their respective officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Platform or Services.

10.2. Indemnification

You agree to indemnify and hold harmless Fabular Holidays DMC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Platform or breach of these Terms.

11. Confidentiality

11.1. Confidential Information

You may have access to confidential information of Fabular Holidays DMC in connection with your use of the Platform. You agree not to disclose any confidential information to any third party without our prior written consent.

11.2. Use of Confidential Information

You agree to use confidential information solely for the purpose of using the Platform and not for any other purpose.

12. Data Protection and Privacy

12.1. Compliance with Laws

We are committed to protecting your privacy and complying with applicable data protection laws. Our Privacy Policy, which forms part of these Terms, sets out how we collect, use, and protect your personal information.

12.2. User Data

You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system, and application software, to facilitate the provision of updates and support related to the Platform.

13. Termination

13.1. Termination by Fabular Holidays DMC

We may terminate or suspend your access to the Platform at any time, without notice, for any reason, including but not limited to breach of these Terms.

13.2. Termination by the User

You may terminate your account at any time by contacting us. Upon termination, you must cease all use of the Platform and destroy any copies of materials obtained from the Platform.

13.3. Effect of Termination

Termination of your account will not affect any rights or obligations that arose prior to the termination, including payment obligations.

14. Governing Law and Dispute Resolution

14.1. Governing Law

These Terms and your use of the Platform are governed by and construed in accordance with the laws of the jurisdiction in which Fabular Holidays DMC is registered, without regard to its conflict of law principles.

14.2. Dispute Resolution

Any disputes arising out of or in connection with these Terms shall be resolved through amicable negotiations. If the dispute cannot be resolved through negotiations, it shall be submitted to the exclusive jurisdiction of the courts in the jurisdiction where Fabular Holidays DMC is registered.

15. Miscellaneous

15.1. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Fabular Holidays DMC regarding your use of the Platform.

15.2. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15.3. Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.4. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer any of our rights or obligations under these Terms without restriction.

15.5. Force Majeure

We will not be liable for any failure or delay in performance under these Terms due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, and natural disasters.

15.6. Notices

All notices required or permitted under these Terms will be in writing and will be deemed given when delivered personally, sent by email, or sent by certified or registered mail to the address provided by each party.

15.7. Language

These Terms are written in English. If these Terms are translated into any other language, the English version will prevail in the event of any conflict between the two versions.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Fabular Holidays DMC

Cadwell Road. Henrietta, Mauritius

Email: support@fabularholidays.com

Phone: +230 5949 2380