Terms and conditions
Terms and conditions
These terms and conditions, as may be amended from time to time, apply to all our services 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.
These pages, the content and infrastructure of these pages, and the online booking service provided on these pages and through the website are owned, operated and provided by “Top Travel” LLC, registered under the Georgian law (Tax ID 405192660) and are provided for your use, subject to the terms and conditions set out below.
"Toptravel.ge", "us", "we" or "our" means “Top Travel”, a limited liability company incorporated under the laws of Georgia, and having its registered address at Al. Kazbegi Ave.14/7, 0160 Tbilisi, Georgia.
"Platform" means the (mobile) website and app on which the Service is made available owned, controlled, managed, maintained and/or hosted by Toptravel.ge.
"Service" means the online booking (buying) service (including the facilitation of payments) of various tours and related services from time to time made available by us on the Platform.
“You” means our Customer (tourist), booking (buying) a tour and accepting our terms and conditions.
1. Scope of our Service
Through the Platform: www.toptravel.ge, we (“Top Travel” LLC) provide an online platform through which customers can make booking of the tours organized in Georgia, displayed on the website or create their own tours suited for their interests. By making a booking through www.toptravel.ge, you enter into a direct (legally binding) contractual relationship with us.
2. Prices and Payment terms
All prices of our services are displayed including VAT and all other taxes effective in Georgia unless stated differently on our Platform or the confirmation email.
Payments for Toptravel.ge services shall be made by means of secure online payment (all to the extent offered and supported by your bank) or via bank transfer (settlement) of money to our bank account displayed on our website. Payment is safely processed from your credit/debit card (VISA or MasterCard) or bank account to our bank account.
Prices of all tours and related services are denominated in US Dollars (USD) and are payable equivalents in Georgian Lari (GEL). If you pay by the credit/debit card issued in Georgia You shall pay the equivalent amount in GEL according to the exchange rate of National Bank of Georgia.
If you pay by the credit/debit card issued outside Georgia, our Bank ensures initiating of foreign currency payment from your credit/debit card, money conversion into GEL and crediting our GEL bank account according to its published exchange rate of the payment day.
We comply with the legislation of National Bank of Georgia and get all payments in the territory of Georgia only in local currency.
The currency converter is for information purposes.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such.
Toptravel.ge respects your privacy.
4. Terms and conditions of tours
By making a booking of tours, you accept and agree to the respective tour terms and conditions (including tour itinerary, pricing, payment terms, cancellation and etc.) displayed on our website.
Please note that a booking which requires down payment or (wholly or partly) prepayment may be cancelled based on a 15 days prior notice. 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.
You have to keep a valid travel (health) insurance policy (covering the territory of Georgia) during your trip.
If you wish to review or adjust your booked tour, please revert to the confirmation email (firstname.lastname@example.org). You should communicate and agree any possible changes with us.
5. (Further) correspondence and communication
By completing a booking, you agree to receive an email which we may send you shortly prior to your arrival date, giving you additional information and certain offers relevant to your trip.
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 Toptravel.ge 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 service (e.g. last day of tour). 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 booking as set out in the confirmation email (whether for one event or series of connected events).
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 Toptravel.ge may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Toptravel.ge at its discretion sees fit.
Toptravel.ge 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 Toptravel.ge at any time and without prior notice.
7. Intellectual property rights
Unless stated otherwise, the software 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 of and material on our Platform are owned by Toptravel.ge.
Toptravel.ge 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 Toptravel.ge. Any unlawful use or any of the aforementioned actions or behaviour 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 Georgian law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Georgia.
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