These General Terms and Conditions (“FFPT T&C's”), together with the Privacy Policy (https://www.ffptravels.com/privacy) govern the use of the FFPTravels online mediation platform (“FFPTravels Platform”), which can be accessed through (i) http://www.ffptravels.com.au, http://www.ffptravels.com, and certain other websites powered by FFPTravels (collectively the "FFPTravels Website"), and (ii) certain mobile apps published by FFPTravels (“FFPTravels Apps”). 

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The FFPTravels Platform is available to users worldwide. Certain portions of these FFPT T&C's will apply to you only if you reside in a specific country or region.

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All Countries (Except the US): If you reside anywhere in the world except for the United State of America, Appendix A applies to you. 

 

United States of America: If you reside in the United States of America (including its territories and possessions), Appendix B applies to you. Appendix B includes a mandatory, binding individual arbitration clause, which means that you agree to submit most disputes related to the FFPTravels Platform, our services, or these FFPT T&C's, to binding arbitration rather than proceeding in court. You may opt-out of arbitration only by following the procedure in Appendix B. Appendix B also includes a mutual waiver of class actions or jury trials.

 

1. About us

We, FFPTravels Australia PTY, registered address 22 Boland Street, Westcourt 4870, Cairns, Australia, registered with the Australia authority, ("FFPTravels" or "we" or "us") is the operator of the FFPTravels Platform and are responsible for it accordingly. Our platform is available worldwide in multiple languages and is quick and easy to use.

We operate the FFPTravels Platform as an intermediary platform on which tours and Activities ("Activity”) are offered online by a variety of local activity providers such as amusement parks, museums, tour guides, boat tours around the world ("Provider"). The Activities include, for example, guided tours, cooking classes, sightseeing tours by bus, boat trips, tickets for sightseeing, and other services. We act as a commercial agent for the Provider. The descriptions, photographs, and other content for its own Activities originate from the respective Providers. We therefore have no direct influence on such content.

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2. Scope

2.1 These FFPT T&C's apply to all visitors to and users of the FFPTravels Platform and to all content within the offered operating systems (currently iOS, Android) ("Users"). As soon as you use the FFPTravels Platform, you are obliged to comply with these FFPT T&C's. Therefore, please read them carefully during your first use.

2.2 They are available online and apply to all of our services, unless more specific terms and conditions for a specific service prevail. Should this be the case, we will make this clear at the appropriate time. Any of your terms and conditions that conflict with or deviate from the FFPT T&C's shall not apply unless we have expressly agreed to them in writing.

2.3 The use of the FFPTravels Platform is only for you personally, i.e. you may not use it under any circumstances for business purposes. Keyword: Reselling tickets is absolutely forbidden! This means that any use that goes beyond your personal use in your private environment and/or serves commercial or business purposes, those personally connected to you and/or other third parties, in particular the commercial resale of tickets, is strictly prohibited.

 

3. What we do

3.1 You can view Activities on the FFPTravels Platform. The contract for the provision of the Activity is concluded exclusively and directly between you and the Provider ("Service Agreement"). When you buy an Activity on the FFPTravels Platform, you are not buying anything from us, but directly from the Provider. Service Agreements are concluded by us on behalf and for the account of the Providers. We act as a commercial agent for the Providers and are commissioned and authorized by the Providers to conclude transactions directly between Providers and Users, e.g. you, and for the account of the Providers and to collect payments from the Users. We do not offer any activities ourselves and therefore do not become your contractual party to any Service Agreement. We do not act as the organizer, the landlord, reseller or other contractual partner in relation to the Service Agreement with you. We receive a commission from the Provider for brokering the Service Agreement. 

3.2 You can filter the list of Activities by different parameters. The discovery wizard will show you Activities that match your criteria and are offered by a specific Provider If more than one Provider is able to offer an Activity that matches the criteria entered in the discovery wizard, the applicable Activities will be displayed in an order based on the factors including popularity, diversity, availability, cancellation rate, rating, performance over time, and amount of revenue generated.

3.3 In the interest of a fast and smooth process, you may direct questions about your booking to the FFPTravels customer service. For this purpose, you can find various forms on Contact us ⎸FFPTravels, as well as through our hotline. As commercial agents, we support the Providers in this process. We usually answer within 24 hours, or at the latest usually within 48 hours. The communication between you and the Provider can be done directly. In case of emergency, the contact details of the respective Provider can be found on your voucher/ticket.

3.4 We reserve the right to make the use of the FFPTravels Platform, individual functions of the FFPTravels Platform or the extent to which individual functions can be used, subject to certain conditions, such as the payment behavior of the User (e.g. in the case of prior bookings) or the presentation of certain proof (e.g. proof of identity, purchase, payment, or ownership). We reserve the right to restrict your booking of Activities, or cancel Activities you have booked, in the case of suspected fraud, violation of these FFPT T&C's, or violation of obligations under the Service Agreement, which become known to FFPTravels.

3.5 We are not obligated to improve, extend (update/upgrade) or make available the content, functions and services provided via the FFPTravels Platform. We may discontinue our services and performances at any time; there is no right to continuation. However, if you have already concluded a Service Agreement with a Provider, Section 15 applies to you, i.e. the Service Agreement.

 

4. Registration and FFPTravels account

4.1 Although registration is not required to access the FFPTravels Platform, you must register with us in order to use all features, for example, the "Wish List".

4.2 In order to create an account (“FFPTravels Account"), you must enter your full legal name and email address in the registration form on the FFPTravels Platform and may set a password. If available, you can create an account without a password by using the option to create a passwordless account with an email verification link. You must keep this data secret so that no third party has access to your account. After clicking the button "Confirm email" you will receive a confirmation ‘welcome’ email from FFPTravels. Your FFPTravels account has now been created.

4.3 You may only create one FFPTravels Account for yourself. You may not transfer the account to anyone else.

 

5. FFPTravels Apps

5.1 Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license to download, install and use the FFPTravels Apps on your mobile device; provided that your installation and use of the FFPTravels Apps is solely (i) for your personal use and for non-commercial purposes, and (ii) in accordance with the restrictions and limitations set forth in this Agreement. You may not copy, transfer, lease, loan, modify, adapt, create derivative works of, redistribute, or sublicense the FFPTravels Apps and, if you sell your mobile device to a third party, you must remove the FFPTravels Apps from the mobile device before doing so. You may not reverse-engineer, disassemble, attempt to derive the source code of the FFPTravels Apps, or any part thereof, except where such restriction is expressly prohibited by applicable law. All rights not expressly granted to you hereunder are reserved to us and our licensors.

5.2 FFPTravels may from time to time in its sole discretion develop and provide FFPTravels Apps updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that FFPTravels has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

the FFPTravels apps will automatically download and install all available Updates; or

you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the FFPTravels Apps or portions thereof may not properly operate should you fail to do so. 

You further agree that all Updates will be deemed part of the FFPTravels Apps and be subject to all terms and conditions of these FFPT T&C's.

5.3 You acknowledge that when you download, install, or use the FFPTravels Apps, FFPTravels may use automatic means (including, for example, cookies, SDKs and web beacons) to collect information about your mobile device and about your use of the FFPTravels Apps. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the FFPTravels Apps or certain of its features or functionality. All information we collect through or in connection with the FFPTravels Apps is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through the FFPTravels Apps, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  You can control certain data processing activities by choosing not to give your consent when prompted by the FFPTravels App. ​​​​

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6. Conclusion of contract with FFPTravels - User Agreement

6.1 The subject matter of the contract with us as the contracting party is the use of the FFPTravels Platform free of charge (“User Agreement”).

6.2 The contractual relationship between you and us comes into effect as soon as you use the FFPTravels Platform (which includes the installation of the FFPTravels App). A blocking, termination, or deletion of your FFPTravels Account is possible at any time via the FFPTravels customer service by phone or via the contact form under "Delete account". The contact details can be found at Contact us ⎸FFPTravels.

6.3 FFPTravels may unilaterally terminate your User Agreement, FFPTravels Account, or your access to the FFPTravels Platform at any time with a notice period of one week. However, the termination will become effective only after any already established Service Agreements have been executed or canceled. The right to termination for good cause remains unaffected.

6.4 FFPTravels also offers the option to purchase Gift cards, which can only be redeemed on the FFPTravels Platform. These Gift cards shall become void upon the expiration of 4 years from the end of the year the Gift card was purchased in, unless otherwise provided under applicable laws. There shall be no entitlement to a cash payout, except where required by law. In the event of fraud, attempted fraud, or suspicion of other illegal activities in connection with the purchase or redemption of a voucher, we reserve the right to close the relevant customer accounts and/or require an alternative method of payment. To view your Gift card balance, visit https://www.ffptravels.com/contact/ and search for “Gift card”.

 

7. Customer Service / Best Price Matching by FFPTravels

7.1 You can reach our customer services team at Contact us ⎸FFPTravels, we are available by phone, chat, or email.

7.2 If you find the activity booked via the FFPTravels Platform (i) with the same conditions (date, city, number of persons), (ii) with the same services, (iii) at a lower price on the Internet, (iv) bookable with the same Supplier and prove this to us, we will pay you the difference between the lower price booked via FFPTravels and the lower price found and available by you on the Internet. Offers that are part of trust or loyalty programs are excluded from best price matching.

7.3 To make use of this best price matching offer, you must send us the link (and/or a screenshot of the alternative offer) upon request. We will then check this and should the price actually be lower, pay the difference, whereby this payment can also be made by means of a voucher.

7.4 All special offers and discount promotions are marked as such.

 

8. Payment at FFPTravels

8.1 The price offered on the FFPTravels Platform ("Posted Price") shall apply to the Activity. The amount you pay for an Activity ("Booking Price") is the Posted Price less any applicable discount. Unless otherwise agreed, the Booking Price for the Activity is payable immediately upon booking.

8.2 For selected Activities, you may be able to choose the "Reserve now, pay later" feature. This is only possible with a credit card that is valid at least until the date of the selected Activity; to confirm this, we will charge 0 EUR to your credit card when you complete your booking. 72 hours before the start of the Activity we will debit the Booking Price. If the credit card charge fails, you have 47 hours to make the payment manually. If this fails and the payment is not made, we will automatically cancel the Activity you booked.

8.3 FFPTravels is entitled to receive the invoiced amounts in the name of and on behalf of the Provider (as a commercial agent), unless otherwise expressly stated in the Provider's invoice. With the successful payment to FFPTravels, you have fulfilled your payment obligations towards the Provider with a discharging effect. If claims are to be paid in a currency other than your local currency (foreign currency claim), FFPTravels may (in its role as a commercial agent) collect payment in your local currency and convert the foreign currency claim at the current exchange rate at the time of the conclusion of the contract. For highly volatile currencies, we may charge a reasonable exchange fee.

8.4 We are your contact in connection with a Service Agreement and payment, therefore, as the commercial agent of the Provider. If you wish to request a refund of the Booking Price outside of our cancellation policy, you may contact us. We will then contact the Provider, and the Provider will determine at its discretion whether to honor the refund request. A refund granted by the Provider can be processed by the Provider through us.

8.5 You must provide payment information truthfully and update it immediately in the event of changes. The means of payment permitted for the Activity will be displayed to you in the order process. The terms and conditions of the payment service provider will apply. Your payment service provider may charge additional fees. You are required to confirm to us that you are authorized to use or have the right to use a payment method you select.

8.6 In some cases you will not pay the Booking Price to FFPTravels, or directly to the Provider, but to another company that we have appointed to process the payment as a sub-agent. For example, if you live in the USA or use a credit card issued in the USA for payment, FFPTravels Operations Inc. , one of our subsidiaries, will process the payment. These payments are subject to the same terms and conditions as payments made directly to us, so nothing changes for you. You will have also fulfilled your payment obligations with the successful payment to the sub-agent with a discharging effect towards the Provider. If you have questions relating to payment, you can contact our local customer service team at Contact us ⎸FFPTravels.

8.7 By authorizing payment, you consent to your payment information being used to collect payment for the Provider. We reserve the right to make the use of the payment function or individual payment methods on the FFPTravels Platform dependent on a check of the required creditworthiness.

 

9. Changes and Cancellations

9.1 You may only cancel the Service Agreements in accordance with the cancellation conditions as stated in the Provider T&Cs, the description of the Activity on the FFPTravels Platform, or on the voucher/ticket issued for the Activity.

9.2 To avoid misunderstandings, you must make changes (e.g. rescheduling the Activity date or making changes to the participants) and cancellations via the FFPTravels Platform, unless otherwise agreed. A cancellation or changes can be made via the form available at Contact us ⎸FFPTravels. The change or cancellation must be made in good time; what is "in good time" depends on each individual case (e.g. within the applicable cancellation period) and may be subject to the Activity’s availability. Therefore, it is very important that you carefully read all terms and conditions on the Activity page or the Supplier T&Cs. The decisive factor for a timely cancellation is the timely receipt of the notification by FFPTravels. If these conditions are met, we will issue a cancellation/change confirmation on behalf of the Provider This will serve as proof of the cancellation/change and therefore must be kept.

9.3 We can notify you of changes or cancellations on behalf of the Provider, especially if at short notice, by your provided telephone number and by sending changes to your email address.

9.4 Unless there are different cancellation conditions specified in the description of the Activity on the FFPTravels Platform, in the Provider T&Cs, or on the Activity voucher/ticket, the following cancellation conditions shall apply:

a) For cancellations more than 24 hours before the start of the Activity: full refund of the Booking Price; and

b) For cancellations 24 hours or less before the start of the Activity or in case of no-show: no refund.

9.5 Refunds after a cancellation will be issued using the original payment method used for the purchase of the Activity. At your discretion, refunds may alternatively be provided in the form of an FFPTravels credit, to which Section 6.4 applies, replacing the term ‘Gift card’ with "FFPTravels credit".

 

10. Reviews and Other User Content

10.1 We offer you the opportunity to view reviews and other content posted by other users on the FFPTravels Platform. The reviews reflect the personal opinion of a respective user from a specific point in time and are therefore shaped by personal ideas and expectations. It must also be noted that the Activity may have changed since the review or other content was posted. The number of reviews and ratings given should also be taken into account, as a single opinion is often less meaningful than the synopsis of a large number of opinions.

10.2 You can personally influence the content of the FFPTravels Platform by writing reviews of Activities which you have purchased or posting pictures (together, "User Content"). You are fully responsible for the User Content you post. It is strictly forbidden to post User Content on the FFPTravels Platform that: (i) is untrue or misleading; (ii) openly or covertly advertises products, services or companies; (iii) is created in return for remuneration from a third party; (iv) is created by or at the direction of the Supplier who provides the Activity; (v) violates the intellectual property, privacy, or other rights of a third party; or (vi) contains links or similar information/references that are likely to impair the functioning of third-party data processing systems.​​​

10.3 You are obligated to ensure that you are entitled to the necessary rights of use for images before uploading the User Content. In particular, images or photos where we can see other people may only be uploaded to the FFPTravels Platform if these persons gave their consent. If you want to use pictures that have been taken by a person other than you, you also need the consent of this person.

10.4 The public accessibility of the User Content may not violate legal provisions, morality and/or the rights of third parties; in particular, you may not upload and/or make publicly accessible any User Content with depictions of violence, pornography, discrimination, insults, racism, defamation or other illegal content or depictions.

10.5 You retain ownership of any User Content you create. You grant to FFPTravels a non-exclusive, sublicensable (through one or more tiers), worldwide, fully-paid and royalty-free license, in any and all media now known or hereafter discovered or developed, to use, reproduce, adapt, translate, make derivative works of, modify, perform, publicly display, publicly perform, transmit, and distribute the User Content including (i) on or through the FFPTravels Platform, (ii) on or through FFPTravels’s partners, and (iii) in online and offline marketing materials.

10.6 We may remove User Content as necessary and at our sole discretion. For example, FFPTravels may remove User Content if, in our opinion, it violates our obligations under Sections 9.2-9.4. We are not obligated to keep copies of User Content or to provide such copies.

10.7 FFPTravels, its affiliates, sub-agents and their (distribution) partners, may display advertisements and other information next to or together with the User Content on the FFPTravels Platform as well as on other media. You are not entitled to any compensation for such advertisements. We reserve the right to make changes to the type and scope of such advertising measures; we will not notify you of such changes.

 

11. Data protection

11.1 All your personal data collected through the FFPTravels Platform is processed by FFPTravels as a data controller, in accordance with relevant data protection laws and for the purposes described in the Privacy Policy. FFPTravels shares your personal data with Providers to the extent it is necessary for the performance of the Service Agreement between you and Provider or when necessary to comply with a legal obligation and for other purposes legally allowed. Providers are independent data controllers and bear the sole responsibility of processing your personal data.

11.2 You will find detailed information on how to exercise your data protection rights in the Privacy Policy.

 

12. Indemnification

12.1 You shall fully indemnify us for all damages, costs and expenses (including reasonable legal defense costs) incurred by us, our agents, or partners as a result of:

12.1.1 your intentional or negligent misrepresentation, act, or omission in connection with your use of the FFPTravels Platform;

12.1.2 your intentional or negligent non-compliance with the FFPT T&C's; or

12.1.3 claims asserted by third parties arising out of or in connection with your access to or use of the FFPTravels Platform that intentionally or negligently violates these FFPT T&C's.

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13. Assignment

You may not transfer or assign your rights and/or obligations under these FFPT T&C's, except for any claim for damages.

 

14. Severability clause

Should individual provisions of these FFPT T&C's be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these FFPT T&C's that are not included or are invalid. If such statutory law is not available in the respective case or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.

 

15. Provider - Service Agreement

15.1 Conclusion of contract with the Provider

15.1.1 If you select and purchase an Activity on the FFPTravels Platform, you conclude a contract directly with the Provider. When concluding the contract, we act as the commercial agent of the Provider.

15.1.2 After checking the availability of the Activity, you add the respective Activity to the shopping cart by clicking the button "Add to cart". After clicking the button "Checkout", you will be asked for further mandatory information, in particular the payment method, which must be completed.

15.1.3 By clicking the button "Pay now" at the end of the ordering process, you submit a binding offer to conclude a Service Agreement with the Provider that will provide the Activity. You are bound to the offer for two working days. After receipt of the offer, we will send you an automatic order confirmation on behalf of the Provider. This order confirmation does not constitute an acceptance of the offer.

15.1.4 The Providers may provide their own terms and conditions in their respective listings on the FFPTravels Platform ("Provider T&Cs"). Please read these Provider T&Cs carefully, because they may contain important information for you, e.g. regarding cancellation options or conditions. Nothing in the Provider T&Cs shall affect your relationship with us, or our legal rights. In the event of a conflict between a provision of the Provider T&Cs and a provision in Section 9 of the FFPT T&C's, the provision that is more beneficial to you shall govern the relationship between you and the Provider.

15.1.5 We accept the offer in the name and on behalf of the Provider once you receive a booking confirmation issued in the name and on behalf of the Provider and, if applicable, have access to a voucher or ticket (either a mobile voucher or a downloadable PDF voucher/ticket) and a payment confirmation. We reserve the right to accept or reject contract offers at our sole discretion.

15.1.6 The contract between you and the Provider is not set out in a separate contract text. The content of the contract results from the ordered product (i.e. the description of the Activity selected by you), applicable provisions in Section 15 of these FFPT T&C's, and - if applicable - the Provider T&Cs.

15.1.7 You must immediately check the order confirmation to ensure that all data has been entered correctly.

15.2 Prices

15.2.1 In most cases, Posted Prices quoted are inclusive of all taxes and fees. However, it is possible that additional local taxes or fees are levied locally. If additional taxes or fees will be levied locally, this will be disclosed in the description of the Activity.

15.2.2 The Posted Prices set by the Providers may be subject to special provisions, for example, with regard to cancellations and the refund of payments. You must independently check before booking whether the respective Provider prescribes deviating conditions.

15.3 Provision of the Activity

15.3.1 You must arrive on time at the meeting point indicated by the Provider. Please also take note of the Provider T&Cs. If you are traveling to the Activity from abroad, you are responsible for the necessary travel documents (passport, visa, etc.) and compliance with health or other requirements.

15.3.2 The Booking Price does not include insurance of any type. You are responsible for obtaining sufficient insurance coverage. We strongly encourage you to obtain travel insurance, especially if you are booking an Activity that involves outdoor or high-risk activities. We do not operate tours, employ guides, or set safety standards for Activities.

15.3.3 Providers are independent contractors and not agents or employees of FFPTravels. We are not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any Provider, or for any personal injury, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from any booking or Activity.

15.3.4 For time and deadline calculations, the time zone of the Provider shall be decisive.

15.4 Further rights of the Provider

15.4.1 The Provider may cancel the Activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Provider and are beyond the Provider's control (in particular events of force majeure) make it impossible or significantly impede or endanger the performance of the Activity. In this case, the Booking Price paid for the canceled Activity will be refunded. You may direct any additional compensation request directly to the Provider according to 15.3.3.

15.4.2 The Provider may exclude you from an Activity if (i) you do not meet the requirements for participation specified on the FFPTravels Platform, (ii) you would endanger yourself or others through your participation, or (iii) you disrupt the implementation of the Activity in any way. In these cases, the Booking Price paid for the Activity will not be refunded.

15.4.3 The Provider may make immaterial changes to the program of the Activity at any time if this appears necessary due to circumstances arising at short notice. Insignificant program changes also include a change of the starting/meeting point for the Activity, provided that the new meeting point can be reached by the customer from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the start/meeting point is possible up to 24 hours before the start of the booked Activity and will be communicated to you by email or displayed via the FFPTravels Platform.

16. Final provisions

16.1 For the purpose of fulfilling the contract and exercising rights due to us under these FFPT T&C's, we may use other FFPTravels companies and third parties as vicarious agents.

16.2 We may amend or adjust these FFPT T&C's in the future, e.g. to take into account changes in the law, market changes, or regulatory gaps. We will then inform you of this in good time and in an appropriate manner. If you object, we or you can terminate your FFPTravels Account or your access to the FFPTravels Platform with immediate effect.

16.3 All notices and other declarations transmitted within the framework of these FFPT T&C's must be made in writing (e.g. by email).

16.4 The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these FFPT T&C's or any purchase made pursuant thereto.

16.5 The contract between you and us is formed and entered into in Brisbane, Australia.

16.6 In these FFPT T&C's, (i) “including” means “including but not limited to,” (ii) general words shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things, and (iii) words suggesting the singular include the plural, and vice versa. Captions and section headings used in these FFPT T&C's are for convenience only and shall not be used in construing the FFPT T&C's.