INTRODUCTION

These terms of use apply to all use of the Hulah app and website and describe how you can use the Hulah app and website. The Hulah privacy policy sets out how we use data relating to you and it forms a part of these terms of use. Our privacy policy (“Privacy Policy”) can be found [here].

By accessing or using the Hulah app and website you are agreeing to enter into an enforceable agreement on the basis of these terms of use.

SUMMARY

  • This constitutes a legal agreement between us and you. Please read it carefully. The agreement sets out how you are permitted to use the Hulah app and our website.

  • The Hulah app and website are provided on an ‘as is’ basis, with minimal warranties.

  • The Hulah app and website enable individuals to buy travel products and services from third parties, subject to any terms imposed by those third parties. Those terms may limit liability of those third parties is something goes wrong.

  • Important information relating to your travel arrangements and pricing can be found at paragraph 4.

  • These terms of use may change from time to time.

  1. ABOUT THE APP, THE WEBSITE AND THESE HULAH TERMS OF USE

    1. The Hulah app (the “App”) and the website at www.hulah.com (the “Website”, and together with the App, the “Service”) are owned and operated by Yonder Travel Limited (“Hulah”, “we”, “us" or “our”). The “ Service” is a technology platform and concierge service which helps individuals to arrange and book holidays and other trips and experiences.

    2. In these terms of use:

      1. A reference to “you”, “your” or the “ Buyer” is a reference to you, the person agreeing to these terms or using the Service.

      2. Third party providers of travel products or services are referred to as “ Providers”.

      3. The travel products and services offered by Providers are called "Products".

      4. Provider Terms” are the terms and conditions applicable to the sale of Products, as determined by Providers. Provider Terms form the basis of a legal agreement between you and the Provider.

      5. A reference to the Services may be a reference to any part of the Service.

    3. These terms of use apply to all use of the Service and form a legal agreement between you and Hulah.

    4. By using the Service, or by otherwise indicating your agreement electronically, you are confirming that you understand and accept (and are able to understand and accept) these terms of use and that you agree to be bound by them. Please keep a copy of these terms of use and the documents referred to in it.

    5. You must not use the Service if:

      1. you don’t agree to these terms of use;

      2. it is unlawful for you to do so; or

      3. you are under the age of 13.

    6. If you are under the age of 18, please ask a parent, legal guardian or other responsible adult to explain these terms of use to you, so that you are sure you understand them.

    7. Hulah may make alterations to these terms of use from time to time. If you are not happy with any alteration, you may terminate your relationship with Hulah. If you keep using the Service, this will indicate your acceptance of these terms of use as altered. We may notify key changes to you, but you should review these terms of use from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes by email or by putting a notice on the Service.

  1. REGISTRATION, ACCOUNT AND PASSWORD

    1. In order to use and access parts of the Service you will need to register a user account on the Services (an " Account”). In order to register an Account, you must:

      1. submit certain information, including your name, date of birth, phone number and email address; and

      2. choose a password to your Account (“ Password”).

    2. The Password is personal to you and must not be disclosed to any person without Hulah’s prior written consent.

    3. You agree, accept and understand that:

      1. you must ensure that all information held about you by Hulah true accurate and kept up to date. You can amend your registration details at any time through the Service;

      2. you are and shall remain responsible for maintaining the confidentiality of your Password; and

      3. you are solely liable for any use of the Service on your Account or by use of your Password.

    4. DO NOT SHARE YOUR PASSWORD WITH ANY OTHER PERSON OR ALLOW ANY OTHER PERSON TO USE YOUR ACCOUNT. HULAH IS NOT LIABLE FOR ANY IMPROPER USE OF YOUR PASSWORD OR ACCOUNT. HULAH IS ENTITLED TO ASSUME THAT ANY USE OF YOUR ACCOUNT IS MADE BY YOU. IF YOU THINK YOUR PASSWORD, OR ACCOUNT HAS BEEN COMPROMISED YOU MUST INFORM HULAH IMMEDIATELY.

  1. HULAH IS AN AGENT

    1. Hulah provides the Service, which may help you to find and buy Products from Providers. Hulah does not itself provide any Products for itself.

    2. Hulah acts on behalf of Providers as their agent. Under its appointment as agent, Hulah is able to accept orders and payment for Products on behalf of Providers. As agents we do not accept liability for Products.

    3. Hulah is not a party to any agreement between you and any Providers, including any agreements made on the basis of the Provider Terms.

    4. If there is ever a conflict between these terms of use and any Provider Terms, the Provider Terms will prevail.

    5. The itinerary we provide to you will name the Provider, who will make available the relevant Provider Terms. If you would like us to send you a copy the Provider Terms, please let us know.

    6. Our Services are provided you by Hulah, and are separate from the Products you may buy or book from Providers.

    7. Please confirm your Products are not rescheduled with Providers at least a day in advance.

  1. YOUR TRAVEL ARRANGEMENTS and pricing

    1. You travel arrangements may be in respect of a single Product, a number of separate Products or a combination of Products. In either case, Products may be supplied by a single Provider or a number of Providers.

    2. Please ensure you have the appropriate travel documentation, such as a passport, and ensure they are not subject to any conditions or restrictions which could prevent you from travelling. Some destinations (including the United States of America) may require you to hold a vaccination certification, visa, or impose restrictions on entry by individuals of particular nationalities. You may also be required to hold a re-entry permit.

    3. YOU ARE REQUIRED TO ENSURE THAT YOU ARE AWARE OF AND COMPLY WITH ALL TRAVEL REQUIREMENTS FOR YOUR DESTINATION AND ROUTE OF TRAVEL, AND THAT ALL TRAVEL DOCUMENTS ARE IN ORDER IN GOOD TIME IN ADVANCE OF TRAVEL. TRAVEL DOCUMENTS MUST BE IN THE CORRECT NAMES OF THE TRAVELLERS. WE DO NOT ACCEPT ANY LIABILITY IF YOU ARE UNABLE TO TRAVEL BECAUSE YOU OR ANY OTHER TRAVELLERS HAVE NOT COMPLIED WITH ANY TRAVEL REQUIREMENTS AND/OR DO NOT HOLD THE APPROPRIATE TRAVEL DOCUMENATION.

    4. Medical professionals recommend vaccinations before traveling to some destinations. Please consider their advice and follow it carefully.

    5. If your travel arrangements are for a single price combination of Products, you will also have consumer rights under the Package Travel, Package Holidays and Package Tours Regulations 1992.

    6. Unless otherwise specified in your invoice or itinerary:

      1. prices are per person, subject to availability, and may be withdrawn without notice. Prices are not guaranteed until full payment is received by Hulah, and may be subject to currency fluctuations, fuel surcharges, airport taxes, departure taxes and other additional costs beyond our control. Some additional costs may be payable in local currency only;

      2. prices include discounts, promotions, rewards or other deals. At some time of year, discounts, promotions, rewards or other deals may not be available;

      3. prices are offered in respect of travel during the period specified. There may be seasonal surcharges at some times of year;

      4. all services are for economy, regular, basic or equivalent versions of Products;

      5. the total price may include payments payable directly to Providers at your destination;

      6. prices exclude gratuities that may be customary at your destination location; and

      7. direct flights may not be non-stop.

    7. We recommend you take out a policy of appropriate travel insurance.

    8. Government travel information is available at https://www.gov.uk/foreign-travel-advice . PLEASE READ THIS ADVICE VERY CAREFULLY.

    9. Please ensure you disclose any health requirements, disabilities, medical precautions, dietary requirements or other special requirements to us. We will try to accommodate your requirements when suggesting Products.

  1. CHANGES TO YOUR TRAVEL ARRANGEMENTS

    1. In some cases, rescheduling or changing your itinerary may incur a cost from Providers. We will not try to implement a reschedule or change your itinerary if you request it, unless you have paid those costs to us in advance.

    2. If a Provider reschedules or changes a Product, you may be entitled to compensation under the Provider Terms, the Package Travel, Package Holidays and Package Tours Regulations 1992, European Commission Regulation 261/2004 or consumer law.

  1. RIGHTS OF USE AND INTELLECTUAL PROPERTY RIGHTS

    1. Subject to paragraph 14.2, the Service is made available to you under a licence, for your private, non-commercial, personal use only. This does not give you any rights of ownership in the Service.

    2. You may not transfer, sub license or deal in this right without Hulah's prior written permission.

    3. You may only use the App on your own device.

    4. You may only use the Service under your own Account.

    5. We may charge for you to access some parts of the Service at our own discretion.

    6. Unless otherwise specified, all other copyright, design rights, database rights, patent rights, trade mark and trade dress rights and other intellectual property rights in the Service are reserved and belong to and vest in Hulah, or are licensed to Hulah.

    7. All third party trade names and trade marks are the property of their respective owners and Hulah makes no warranty or representation in relation to them. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

    8. The Hulah name and our logo are trade marks belonging to us. We give no permission for the use of these trade marks and such use may constitute an infringement of our rights.

  1. RESTRICTIONS AND OBLIGATIONS

    1. You agree to comply with these terms of use and all rules applicable to the use of the Service.

    2. You will not:

      1. hack, modify, reverse engineer or create derivative works of the Service or any part of it

      2. incorporate any part of the Service into another product or service

      3. gain unauthorised access to any restricted part of the Service

      4. remove, modify or obscure any copyright, trade mark or other proprietary notices on the Service

      5. create software which replicates or mimics the data or functionality in the Service

      6. collect data from the Service by systematic or automated means

      7. use your access to the Website for the sending of marketing communications

      8. use any computer virus or malicious code of any nature in connection with the Service

      9. make any part of the Service available to a third party

      10. copy or exploit any part of the Service or the content it contains

      11. use the Service or any part of it unfairly or for any illegal or immoral purpose or

      12. attempt to do any of the acts listed above.

    3. Without prejudice to any of our other rights or remedies, if we reasonably suspect that you have breached any of these terms of use we can suspend or terminate your access to the Service or take any other action we consider necessary to defend or promote any of our rights or interests.

  1. COMMUNICATIONS

    1. In providing the Service, Hulah is involved in the transmission, storage, retrieval and other dealings in third party content and communications (“ User Communications”). Hulah has no involvement in the review, selection or alteration of User Communications. Hulah operates as a host and a mere conduit for User Communications.

    2. The views expressed in any User Communications are the views of the individual authors or originators and not those of Hulah unless specified otherwise by Hulah. User Communications may contain content you find offensive.

    3. Hulah is not responsible for and disclaims all liability in respect of any comments, views or remarks expressed in any User Communications.

    4. By using the Service you acknowledge that Hulah has no responsibility to review the content of any User Communications and that all User Communications are made available on the basis that Hulah is not required to and does not exercise any control or judgement over User Communications.

    5. If you are the intended recipient of User Communications, Hulah grants you a sub-licence to use such User Communications for purposes solely connected with the private, non-commercial, personal use of the Service.

    6. You grant to Hulah a sublicensable, non-exclusive, transferrable, irrevocable, worldwide, royalty free licence to use, copy, modify, exploit, distribute, publicly perform, and store the User Communications you make available to the Service, including any trade marks and your image (“Your User Communications"), to whatever extent Hulah considers necessary to operate or promote the Service. This includes the right of Hulah to grant sub-licences of Your User Communications to other users of the Service. You waive any moral rights in Your User Communications to the extent permitted by law.

    7. You agree and undertake that you are entitled to make available, or post to or transmit Your User Communications to the Service and will not make available, or post to or transmit to the Service any content, that:

      1. is unlawful or which gives rise to civil or criminal liability;

      2. is misleading or false;

      3. promotes any illegal or unlawful activity;

      4. constitutes bulk electronic marketing or spam, whether by telephone, message, email or other means;

      5. infringes any copyright or other intellectual property right of any third party or assists infringement or piracy, including the image or likeness of any third party;

      6. includes any computer virus, worms, logic bombs or other malicious software or technically harmful data;

      7. is abusive, pornographic, defamatory, discriminatory or obscene;

      8. harasses any person;

      9. interferes with another user's use and enjoyment of the Service;

      10. impersonates any moderator, administrator or any staff or other persons connected with Hulah;

      11. infringes upon or violates any third party's rights, including but not limited to intellectual property rights, rights of privacy, including unauthorized disclosure of a person's name, email address, physical address or telephone number, and/or rights of publicity (unless you have that persons permission as necessary to comply with these terms of use and applicable law);

      12. contains any restricted material, including but not limited to passwords, medical information or confidential information of any person;

      13. solicits passwords or personal information;

      14. provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone's privacy, or providing or creating computer viruses;

      15. contains video, photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);

      16. exploits any person;

      17. tries to gain unauthorized access to any computer, servers or any part of the Service including its servers, network and the computers of other users;

      18. tries to gain unauthorized access to any profiles, blogs, chat rooms, communities, account information, bulletins, or other aspects of the Service;

      19. refers to any material that is inappropriate;

      20. seeks or attempts to make any arrangement to meet a minor or which may have such a meeting as its object or effect; or

      21. solicits, invites, encourages, advocates, incites or provokes any or all of the foregoing.

    8. Hulah may, at its discretion, review User Communications. We may also remove or reject any User Communications if it comes to our attention that such User Communications constitutes a breach of these terms of use. Any removal or rejection of User Communication does not serve to limit any of our other rights or remedies.

    9. If you believe any User Communications are in breach of these terms of use or your rights, and would like to request these User Communication’s be removed, please contact hello@hulah.com. In order to deal with your request we may require you to disclose your identity or provide evidence of your rights or other information. We will try to deal with any such requests expeditiously.

  1. USE OF THE SERVICE

    1. Use of the Service requires a suitable internet connection and device that you own or are permitted to use. The performance of the Service depends on the suitability of the internet connection and device. You may need to pay a fee to internet providers for your internet connection.

    2. We may, but are not obliged, to provide updates to the software required to provide the Service. Continued use of the Service, or the proper performance of the Service, may depend on your agreement to update any software required to provide the Service.

    3. We may suspend the Services in order to maintain or upgrade our systems or software. We will try to notify you of these suspensions in advance, but we cannot guarantee to provide advance notice. We will also try to keep these suspensions to a minimum and in place for a short period of time, but we cannot state definitely how many suspensions may be necessary or how long any suspension will remain in place.

    4. You agree you are not able to claim any damages for a suspension in the Services.

    5. You agree not to use the Service in any way which is:

      1. unlawful;

      2. may give rise to civil or criminal liability for Hulah; or

      3. which might call Hulah into disrepute.

  1. CHARGES

    1. The "Purchase Price" is the price charged by the Provider for the sale of the Product. The “ Total Purchase Price” is the aggregate Purchase Price for a number of separate Products or a combination of Products.

    2. The “Service Fee” is the amount we charge for the Service.

    3. The Service Fee is only charged if you buy or book the Products.

    4. You may be required to pay a deposit towards the Total Purchase Price, or the Total Purchase Price may be payable upfront. Unless otherwise specified in your invoice or itinerary:

      1. deposits are not refundable, returnable and may not be transferred to other Products or individuals;

      2. the balance of the Total Purchase Price must be paid by the date set out in the invoice.

    5. The refund policies applicable to Products are set out in the Provider Terms. Some Products are not refundable under any circumstances.

    6. We may charge a fee for some types of payments. The amount of this fee will be explained to you before the payment is made.

    7. Monies paid to us as a deposit or in payment of any Purchase Price is not paid on trust unless applicable law requires otherwise.

    8. All payments are inclusive of VAT.

  1. LIABILITY

    1. Hulah provides and maintains the Service on an “ as is” basis and is liable only to provide its services with reasonable skill and care.

    2. EXCEPT AS SET OUT IN THESE TERMS OF USE AND AS OTHERWISE REQUIRED BY LAW, HULAH GIVES NO WARRANTY AND MAKES NO REPRESENTATION, WHETHER EXPRESS OR IMPLIED IN RESPECT OF THE SERVICES. HULAH DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, ERROR-FREE, TIMELY, CONFIDENTIAL OR SECURE. HULAH DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL CONNECT OR TRANSMIT TO OR FROM THE INTERNET, OR THAT ANY USER COMMUNICATIONS WILL BE TRANSMITTED BY THE SERVICE. HULAH EXPRESSLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. HULAH EXPRESSLY EXCLUDES ANY LIABILITY IN RESPECT OF ANY INFORMATION CONTAINED ON THE SERVICE AND EXCLUDES ALL LIABILITY FOR ANY INCORRECT OR INACCURATE INFORMATION OR MATERIAL THE SERVICE CONTAINS.

    3. External Sites have not been verified or reviewed by Hulah and all use and access of External Sites is made at your own risk. “External Sites” means third party apps, websites and online services which are linked to the Service or User Communications.

    4. Hulah gives no other warranty in connection with the Service and to the maximum extent permitted by law, Hulah exclude liability for the following losses, whether arising in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the Service:

      1. any indirect, special, punitive or consequential loss, including losses of which Hulah has been made aware;

      2. any loss of profits, business, goodwill, anticipated savings, goods, contract, use or data;

      3. any losses arising out of or in connection with any Products or the use or consumption any Products, or the delayed delivery of any Products;

      4. the acts or omissions of any Provider;

      5. any lack of availability of the Service;

      6. any loss or damage of any kind arising as a result of User Communications;

      7. the infringement by any other person of any copyright or other intellectual property rights of any third party through any use of the Service;

      8. the availability, quality, content or nature of External Sites, or any transaction taking place on External Sites (including the products or services subject of that transaction);

      9. any losses due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by any other person accessing, using or downloading the Service; and

      10. all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.

    5. Hulah will not be liable in any amount for failure to perform any obligation under these Terms of Use if that failure is caused by the occurrence of an event beyond its reasonable control, including civil unrest, terrorism, war or threat of war, natural disasters (including ash clouds and hurricanes), adverse weather conditions and industrial action.

    6. Hulah will not be liable will not be liable in any amount for the discontinuation of the App on any software or distribution platform, or the complete discontinuation of the App.

    7. Hulah’s total aggregate liability to you under these terms of use whether arising in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the Service, shall not exceed the higher of £10,000 and the Total Purchase Price.

    8. Except as provided above, there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are excluded to the maximum extent permitted by law.

    9. You waive your rights to bring any claims against Hulah more than one year after the date on which the claim arose.

    10. These terms of use are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These terms of use will not exclude or limit Hulah’s liability for death or personal injury resulting from its negligence nor any fraudulent acts, representations or misstatements.

  1. INDEMNITY

You indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

  1. TERMINATION

    1. You can terminate these terms of use by deleting the App and ceasing to use the Website. Termination of these terms of use will not take effect until the receipt by Hulah of all monies payable in respect of Services.

    2. We can terminate our relationship with you without further recourse from you:

      1. if you breach these terms of use

      2. if we reasonably suspect you have breached or intend to breach these terms of use

      3. if we reasonably suspect you are seeking to take advantage of our refund policy

      4. on 30 days' notice if we discontinue any part of the Services; or

      5. if your Account is not active for a period of 1 year.

    3. On termination:

      1. all licences and permissions granted by Hulah to you will immediately end; and

      2. you will immediately remove any instances of the Service from any of your devices.

  1. TERMS REQUIRED BY APPLE

The following terms of this section 14 are the terms which we are required by Apple to notify you of and obtain your consent of in respect of using the App on the iOS platform:

  1. Acknowledgement : You and we acknowledge that these terms of use constitute an agreement which is concluded between you and us only, and not with Apple Inc, nor any subsidiary or affiliate company of Apple Inc, (“ Apple”). You also acknowledge that we are solely responsible for the App and the content within the App.

  2. Grant of Licence : Subject to, and in consideration of, your compliance with all conditions of these terms of use we grant you a non-exclusive, personal, revocable, non-transferable license to use the App and content on the App for your lifetime on an iOS product which you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service ( http://www.apple.com/uk/legal/terms/ ), and in accordance with the Privacy Policy.

  3. Maintenance and Support : We are solely responsible for providing support and maintenance for the App. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

  4. Warranty: If the Service does not comply with any warranties we have made in respect of the Service, you may notify Apple and request a refund (if applicable).

  5. Product Claims : You acknowledge that we, and not Apple, are responsible for addressing any claims you may have relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

  6. Intellectual Property Rights : You acknowledge that in the event of a third party claim that the App, or your possession and use of the App infringes that third party’s intellectual property rights, then we shall be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property right infringement claim, and not Apple.

  7. Legal Compliance : You represent and warrant that: (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and (ii) you are not listed on any US Government list of prohibited or restricted parties.

  8. Third Party Beneficiary : You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms of use, and that when you accept the these terms of use, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms of use against you.

  9. Third Party Terms of Agreement : We may use third party software and services provided by (amongst others) Facebook, Youtube and Twitter with the App. Use of the App is therefore subject to your acceptance and compliance of these third party terms and you agree to comply with the applicable third party terms and conditions when using the App.

  1. GENERAL

    1. If you offer, without our solicitation, any new product or feature ideas, you accept that such offers are made without any obligation on Hulah to keep such offers confidential.

    2. We may appoint subcontractors in the provision of the Service.

    3. These terms of use, together with our privacy policy constitute the entire agreement between you and Hulah relating to your use of the Service, to the exclusion of any other terms of use.

    4. Failure to enforce any term does not constitute a waiver of that term.

    5. Any of these terms of use intended to survive termination terms of use shall survive termination of these terms of use.

    6. If any part of these terms of use is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.

    7. No representation or warranty is made as to whether the Service complies with the laws of any other country other than the United Kingdom.

    8. These terms of use are subject to the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.

    9. Hulah will be entitled to assign and otherwise transfer the agreement covered by these terms of use by giving you reasonable notice, which may include notice given via the Service.

    10. All questions, comments or enquiries should be directed to Hulah, and we will try to respond to within 48 hours.

YONDER TRAVEL LIMITED

Company Number 10336856

hello@hulah.com

v.1.0