Terms and Conditions

  1. Definitions
    1. In these general terms and conditions, the following definitions shall have the following meaning:
      Expert A registered user of the Website, who creates and publishes a Search Result on the Website in response to a Search Query;
      Expert Fee A fee (as far as applicable including VAT) determined by the Traveller in respect of a Search Query;
      General Terms These general terms and conditions;
      Search Result A search result created by an Expert in response to a Search Query;
      Search Query A search query in respect of a trip, which is based on several criteria, including date, destination, type of transport and budget;
      Service An online (software) platform that allows Travellers to create a Search Query for Experts and allows Experts to respond to a Search Query;
      Traveller A registered user of the Website, who creates and publishes a Search Query;
      User Every registered user of the Website, being a Traveller and/or an Expert;
      Voyando Voyando, a trade name of Inversive Media B.V., having its offices at (9711 LG) Groningen, The Netherlands at the Herestraat 113, registered with the Trade Register of the Chamber of Commerce under the number 51251868;
      Website www.voyando.com.
    2. The headings of articles are for convenience only and shall not affect the interpretation of these General Terms.
  2. Applicability
    1. These General Terms are applicable to each and every use of the Service.
    2. The applicability of other general terms and conditions, including but not limited to the general terms and conditions of Users, is explicitly rejected and shall not form any part of any use of the Service.
    3. If any provision of this Agreement is or at any time becomes to any extent invalid, it shall to that extent be deemed not to form part of these General Terms, but all other provisions of these General Terms shall continue in full force and effect, their validity, legality and enforceability shall not be thereby affected or impaired. The parties shall use their best endeavours to agree on a valid and enforceable provision which shall reflect their original intent as much as possible.
    4. Voyando retains the right to unilaterally amend these General Terms. Prior to such amendment, Voyando shall inform the User of such amendment.
    5. In the event a User does no wish to accept an amendment to the General Terms, the User shall have the right to terminate the use of the Service as per the moment of such amendment.
  3. Use of the Service
    1. Voyando shall use its reasonable endeavours to provide the Service to the Users. Voyando does not guarantee any result of the use of the Service.
    2. Every User shall have access to the Website and Service, after registration as User and creating a log in name and password.
    3. The Website and Service solely provide for the possibility to create and view Search Queries and Search Results. Voyando is no travel agency. The Website and Service solely provide for a possibility to obtain information with regard to a trip and do not provide for a possibility to actually make a booking in that respect.
    4. Voyando provides for online support with regard to the (use of) the Website and Service, through a support form.
  4. The Search Query
    1. A Traveller that wishes to make use of the Service, shall create and publish a Search Query via the Website.
    2. The Traveller shall be obligated to respond to all queries when creating a Search Query.
    3. The Traveller is obliged to elect a period during which the Search Query will be published on the Website and Expert have the possibility to create Search Result in respect of such Search Query.
    4. The Traveller is obliged to determine an Expert Fee.
    5. When publishing the Search Query, the Traveller shall be held to immediately pay the Expert Fee to Voyando.
    6. After publication, a Search Query may only be amended as far as the Website provides a possibility to amend the Search Query.
  5. The Search Result
    1. During the period as referred to in article 4.3 of these General Terms, Experts shall be able to create and upload a Search Result in respect of a Search Query.
    2. A part, selected by Voyando, of each created and uploaded Search Result shall be made available to the Traveller. Based on these selected parts of the uploaded Search Results, the Traveller shall be able to determine one (1) Search Results to be the best Search Result.
    3. The Traveller is obliged to elect one Search Result as the best Search Result for a relevant Search Query.
    4. The Traveller shall be able to elect a best Search Result as from the moment the first Search Result is published on the Website up and until the lapse of the term referred to in article 5.5 of these General Terms.
    5. In the event a Traveller has not elected a Search Result as the best Search Result within seventy two (72) hours as of the lapse of the period referred to in article 4.3 of these General Terms, Voyando shall – in its sole discretion – determine one of the Search Results to be the best Search Result. In such event, the Traveller shall no longer have the possibility to elect a best Search Result.
    6. A choice of or determination of a best Search Result is irrevocable.
    7. In the event a best Search Result has been chosen by the Traveller or has been determined by Voyando, the relevant Search Result shall become fully available to the Traveller.
    8. Voyando solely provides the Services to its Users. Voyando does not in any way checks the Search Results for their content, correctness and/or otherwise and does not in any way warrant the content of such Search Results.
    9. Voyando has the right to alter the links in the Search Result or the Comments.
    10. The Expert guarantees towards Voyando to generate a Search Result which – at the moment of creation and uploading the Search Result – adheres the best to the Search Query and also provides for the lowest possible price, based on online – publicly available – pricing. The Expert also guarantees the content of the Search Results is correct.
    11. Voyando provides to the Traveller the Search Results as created by the Expert. Taking into account article 5.9 of these General Terms, Voyando provides to the Traveller a which – at the moment of creation and uploading the Search Result – adheres the best to the Search Query and also provides for the lowest possible price, based on online – publicly available – pricing. In the event the Traveller is of the opinion a Search Result does not meet the standards of this article 5.10, the Traveller shall fill in the form as included in the Website’s section #. After the Traveller has fully completed and submitted such form, Voyando shall within five (5) working days inform the Traveller whether or not the Search Result meets the standards of this article 5.10.
  6. The Expert Fee
    1. Voyando shall be entitled to thirty five per cent (35%) of the Expert Fee. The Expert shall be entitled to the remainder of sixty five per cent (65%) of the Expert Fee.
    2. The Expert Fee paid by the Traveller is non refundable, with the sole exception of any of the following situations: (i) the event in which no Search Results were created in respect of a Search Query or (ii) the event in which no relevant Search Results were created in respect of a Search Query. In the event the Traveller is of the opinion a situation as referred to under (ii) has occurred, the Traveller shall fill in the form as included in the Website’s section #. After the Traveller has fully completed and submitted such form, Voyando shall within five (5) working days inform the Traveller whether or not a situation as referred to here above under (ii) has occurred.
    3. Voyando shall pay a relevant part of an Expert Fee to an Expert within thirty (30) days as of the month in which both the Search Result of such Expert was submitted and the criterion of article 6.5 of these General Terms was met.
    4. An Expert shall never be entitled to (any part of) an Expert Fee if such Expert’s Search Result was not chosen or determined to be the best Search Result unless the Traveller decided to award an extra Expert Fee to the Expert.
    5. Voyando shall not make any payment to an Expert until the aggregate not paid out amount to which such Expert is entitled is equal to at least EUR/USD/GBP 100,- (in words: one hundred Euro/Dollars/Pounds).
    6. Payment of Expert Fees to an Expert shall be done via PayPal or such other manner of payment as agreed by and between Voyando and the Expert in writing.
    7. Any and all (payment) costs in connection with a payment of an Expert Fee to an Expert shall be for the account of the Expert and/or may be deducted from the payment made to such Expert.
    8. In the event the Expert is held to pay VAT, the Expert shall – prior to payment to him of the Expert Fee – send to Voyando an invoice in which the relevant VAT is included.
    9. The Expert shall be held to pay any and all applicable taxes in respect of any Expert Fee paid to or payable to him. The Expert indemnifies and agrees to hold harmless Voyando of any and all such taxes.
    10. In the event the Traveller is in default with the payment of the Expert Fee, the Traveller shall be due the statutory interest as of the date of default until the date of payment. In addition, the Traveller shall be due any and all collection costs made by Voyando.
    11. The Traveller and/or Expert shall in no event be entitled to set off any of its debts to Voyando with any of its claims against Voyando.
  7. Obligations User
    1. The User shall keep the log in name and password strictly confidential and shall not allow any third party to make any use thereof.
    2. By means of creating and publishing a Search Query on the Website, the Traveller grants Voyando a perpetual, exclusive and royalty free license to the Search Query. Voyando shall be free to exploit such license in any manner it deems fit.
    3. By means of creating and publishing a Search Result on the Website, the Expert grants Voyando a perpetual, exclusive and royalty free license to the Search Result. Voyando shall be free to exploit such license in any manner it deems fit.
  8. Intellectual Property
    1. All intellectual property rights with regard to the Website and the Service remain and shall remain with Voyando.
    2. Voyando grants to each Use a license to make use of the Service in accordance with these General Terms.
    3. The Traveller guarantees the Search Query created and published by him does not breach the intellectual property rights of any third party.
    4. The Expert guarantees the Search Result created and published by him does not breach the intellectual property rights of any third party.
  9. Liability
    1. Voyando shall not be liable for the content and/or correctness of any Search Result.
    2. In the event Voyando is liable to compensate any damages of a User, such liability shall be limited to the compensation of damages actually suffered by the User and shall in no event include any consequential damages, which include but are not limited to loss of revenue and/or profit, loss of data and immaterial damages, unless these damages are the consequence of gross negligence or wilful misconduct by Voyando.
    3. Voyando shall not be liable for any and all costs of the User in connection with telecommunications, internet access or otherwise.
    4. Voyando does not guarantee the Website and Service shall be free of error, which includes the exchange of any viruses.
    5. In the event Voyando is liable to compensate any damages of a User, Voyando’s maximum liability shall be equal to the amount of the Expert Fee in respect of the Search Query or Search Result created by the relevant User.
  10. Force majeure
    1. Voyando shall never be liable in the event of force majeure as referred to in the applicable law and/or article 10.3 of these General Terms.
    2. Voyando shall as soon as possible inform a User of the occurrence of force majeure event, if and insofar the use of the Services are impaired as a consequence thereof.
    3. “Force majeure” shall be understood to mean: circumstances or events that are beyond Seller’s control and will – irrespective of whether these circumstances or events were anticipated or could be anticipated at the moment of signing any agreement – as a result of which Seller cannot reasonably be obliged to meet its obligations under any agreement. These circumstances or events comprise in any case, but not exclusively: embargo or other governmental act, regulation or request, fire, accident, strike, slowdown or other labour difficulties, war, act of terrorism, riot, delay in transportation, defaults of common carriers, inability to obtain necessary labour, materials or manufacturing facilities, non-performance by suppliers or subcontractors or any other third party/parties deployed by Seller for the execution of any agreement, interruption of the electricity supply and the non-availability of telecommunication services.
  11. Term and termination
    1. The use of the Service shall be for an undefined period of time.
    2. Either party shall be free to terminate the use of the Service, taking into account a notice period of one (1) month.
    3. In deviation of article 11.2 of these General Terms, Voyando shall be free to immediately terminate the access of a User to the Website and/or Services in the event of non compliance with these General Terms.
  12. Applicable law and forum
    1. These General Terms are exclusively governed by Dutch law.
    2. Any dispute arising out of these General Terms shall be exclusively submitted to the competent judge of the (district) court of Noord Nederland.