Travel Agency Terms and Conditions
Bangladesh Unbound Terms and Conditions for Travel Agents
Revised 1st January 2022
This Agreement sets forth the terms and conditions between Bangladesh Unbound, “Bangladesh Unbound,” and travel professionals (“Agent” or “You”) who purchase tours and travel services from the entities which provide these tours and travel-related services ((“Tour Guides” or “Tour Drivers” or “Accommodation” or “Transportation” or “Logistics Support” and more). Bangladesh Unbound provides these tours and travel-related services.
This Agreement explains how Agents purchase tours and travel services and specifically limits our liability.
You must read this Agreement before booking a Tour or any travel-related services. Use of the Bangladesh Unbound services constitutes an agreement to all terms and conditions in this Agreement, and you warrant that you understand, agree to and accept all terms and conditions contained here.
1. General
Bangladesh Unbound connects You with Tour Guides, Tour Drivers or other Services Links that provide tours and travel-related services. We do this through our Official Communications Channels and Payment Processing System to enable this connection.
Bangladesh Unbound also provides customer support, liability and errors and omissions insurance and assistance with resolving disputes in case of problems.
You understand that the Tour Guides, Tour Drivers, or any other links working for Bangladesh Unbound are independent contractors and that the Tour Guides or Tour Drivers are not employees of Bangladesh Unbound. You, at this moment, represent, understand and expressly agree that Bangladesh Unbound does not control the quality, timing, legality or any other aspect whatsoever of the services delivered by the Tour Guides or Tour Drivers or any additional links, nor of the integrity, responsibility or any of the actions whatsoever of the Tour Guides or Tour Drivers or any other links.
Bangladesh Unbound will use its best efforts to monitor Tour Guide or Tour Drivers or any other links service offerings and actions and to remove any “Tour Guide” or “Tour Drivers” or any additional links not adhering to the policies of Bangladesh Unbound.
2. Acceptance as an Agent
Individuals or Companies who are travel professionals who make bookings on behalf of their clients or refer clients to us may apply to become an Agent. Upon application through the Website, Bangladesh Unbound will begin the acceptance process. Acceptance as an Agent is at the sole discretion of Bangladesh Unbound, and we reserve the right to refuse anyone for any reason.
3. Use of Website
Once you are accepted as an agent, an account will be created in our central database for you on Bangladesh Unbound. To seek the services of a Tour Guide or Tour Driver or from any other links, you must send us an email request.
Once we accept your service request and your payment has been processed, a binding contract is implicit between your client and the Tour Guide, Tour Drivers, or any other links. Once you have purchased a tour or travel service, if there are any issues relating to the service that you cannot resolve directly with the Tour Guide or Tour Driver, the client should contact Bangladesh Unbound. We will attempt to resolve the issue.
Bangladesh Unbound uses a third-party service to process your credit card information. For further information regarding that service, please contact Bangladesh Unbound’s credit card processing company(s). As a result, You agree to hold Bangladesh Unbound harmless for any damages that may result should any third parties release any personal information about You.
4. Prohibited Use
The Website may only be used to recruit, solicit, or contact Tour Guides or Tour Drivers or any other links for employment or contracting for a business not affiliated with Bangladesh Unbound if you first obtain express written permission from Bangladesh Unbound.
5. Information Provided by You
You are responsible for providing accurate, timely and complete information in connection with Your registration for and use of the Website and the client information you provide when booking tours or any services. Bangladesh Unbound is not responsible for any claims relating to any inaccurate, untimely or incomplete information you provided.
6. Communicating Information to your Clients
You agree to communicate Bangladesh Unbound policies to your clients, including making the client aware of our Terms and Conditions, Cancellation Policy and other policies as may apply.
7. Commissions
Once a booking is made, a commission will be credited to your account.
The commission becomes payable once the tour or service is successfully delivered. If the tour price contains special considerations for your clients, typically for transportation and admission fees, no commission will be payable for these tour components. These will be disclosed to you when booking and recorded as an adjustment to your commission otherwise payable.
The payment date and threshold will depend on the method of payment chosen by your agency.
8. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that You see or read on the Website is solely owned by Bangladesh Unbound or is used with permission. This Proprietary Material is protected in all forms, media and technologies. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Bangladesh Unbound Website without written permission.
9. Notice of Trademark Rights
The service marks and trademarks Bangladesh Unbound and the Bangladesh Unbound logo are service marks owned by Bangladesh Unbound. Any other trademarks, service marks, logos or trade names appearing on the Website are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the prior written permission of the owner.
10. Privacy
Bangladesh Unbound is committed to ensuring the privacy of the information. You give us. Our Privacy Statement is located on the Bangladesh Unbound Website.
Bangladesh Unbound will only use your information under our Privacy Policy. Bangladesh Unbound will use its best efforts to ensure the privacy of all other personal data; however, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. You now agree to hold Bangladesh Unbound harmless for any damages that may result.
11. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THIS WEBSITE’S USE IS AT YOUR SOLE RISK. BANGLADESH UNBOUND DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. Limitation of Liability and Remedies
Under no circumstances will Bangladesh Unbound be liable to You for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement. Furthermore, the TOTAL liability of Bangladesh Unbound arising concerning this Agreement and the Website will not exceed the total amounts paid by You under this Agreement. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the preceding disclaimers may not apply to You insofar as they relate to implied warranties.
THE MAXIMUM TOTAL LIABILITY OF BANGLADESHUNBOUND UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY OR OTHER REASON WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID US FOR THE TOUR AND TRAVEL SERVICE.
13. Indemnification
Upon a request by Bangladesh Unbound, You agree to defend, indemnify, and hold harmless Bangladesh Unbound and other affiliated companies and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Website. Bangladesh Unbound reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You. In this event, You will cooperate with Bangladesh Unbound in asserting any available defences.
14. Modification of the Terms of this Agreement
Bangladesh Unbound reserves the right to change this Agreement from time to time. Bangladesh Unbound shall notify You of any substantive or material changes to this Agreement or any policies posted on the Website. Such notice shall be by email and posted on the Website.
15. Term of Agreement
This Agreement will become effective immediately after you use the Website or any services provided by Bangladesh Unbound. It shall remain effective unless terminated by either party as provided hereunder. Neither party may terminate this Agreement by providing the other with written or email notice of such termination, which shall be effective immediately upon delivery of such information to the other party.
Furthermore, Bangladesh Unbound may terminate this Agreement immediately for any breach of this Agreement, the “Tour Guides or Tour Drivers or any other Service Links Rules of Conduct” or any applicable policy of Bangladesh Unbound as posted on the Website from time to time. In the event of termination or expiration, the following Sections shall survive: Term of Agreement; Ownership; Disclaimer; Limitation of Liability; Notice; and General Provisions.
Suppose You violate the terms of this Agreement. In that case, Bangladesh Unbound reserves the right to terminate your use of this Website or any services provided by Bangladesh Unbound immediately at its sole discretion.
16. Legal Claims
For all disputes between Bangladesh Unbound and You relating to the Website or any services provided by Bangladesh Unbound, this Agreement, transactions facilitated or conducted through the Website, tours and travel services ordered or purchased through the Website or official channels, dealings between You and Bangladesh Unbound, or any related matters (“Disputes”), the parties will attempt to find the least onerous solution to the Dispute. If the parties cannot resolve a Dispute, then the Dispute must be resolved before a court of competent jurisdiction of Bangladesh.
Suppose You initiate a Dispute against Bangladesh Unbound. In that case, the Dispute must be commenced through the Province of Sylhet, Bangladesh courts. You, with this, irrevocably submit and attorn to the exclusive jurisdiction of the judge’s courts of the Province of Sylhet, Bangladesh, regarding such Disputes. Proceedings regarding a Dispute You initiate must be commenced in a court of competent jurisdiction in the City of Sylhet, Bangladesh, within six (6) months after the Dispute arose. Any shorter time limit provided by statute or other law remains unaffected.
17.General Provisions
Failure by Bangladesh Unbound to enforce any provision(s) of this Agreement shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects of the use of the Website, shall be governed by and construed under the laws of the Judiciary System of Bangladesh.
These Terms of Use constitute the entire agreement between You and Bangladesh Unbound concerning the Website. Suppose any provision of these Terms of Use is invalid or unenforceable. In that case, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect. These Terms of Use inure to the benefit of Bangladesh Unbound, its successors and assigns.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind or to take any action that shall be binding on the other, except as provided for herein or authorised in writing by the party to be bound.