ContentCode of Good Practice sIntroduction TCsTCs. Definitions Scope and nature of our Service Prices, We Price Match, Genius program and offers facilitated by a partner company. privacy and cookies free of charge for consumers, only Trip Providers pay!
Credit card or bank transfer-payment, cancellation, no-show and fine print(Further) correspondence and communication
ranking, preferred program, stars, and guest reviews Disclaimer Intellectual property rights
applicable law, jurisdiction, and dispute resolution about Emojitraveling.com and the support companies
code of Good Practices Our mission is to empower people to experience the Morocco, by offering the Morocco’s best places to stay
and greatest places and attractions to visit in the most convenient way. In order to achieve this goal,
we will live up to the following good practices:
We care about you: and therefore offer our Platform and customer service We bring and
allow you to experience: 1.5m+ properties from high (high) end to whatever serves your needs
for your next stay in a hotel, motel, hostel, B&B, etc. wherever on the planet
we bring and allow you to experience attractions and other Trip Providers
We can facilitate the payment of any (entrance) fee, purchase or hire of any Trip product
and service which uses our payment service
We help you (24/7): our customer service centers are here to help you 22222222
We listen to you: our Platform is the product of what YOU (the users) prefer
and find most convenient when using our service We hear you:
we show uncensored reviews (of customers who have actually stayed)
We promise you an informative, user-friendly website that guarantees the best available prices.
We Price MatchIntroduction TCsThese terms and conditions, as may be amended from time to time,
apply to all our services directly or indirectly (through distributors) 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 “Platform”)
and/or by completing a reservation, you acknowledge and agree to have read, understood,
and agreed to the terms and conditions set out below (including the privacy statement).
These pages, the content and infrastructure of these pages, and the online reservation
service (including the facilitation of payment service) provided by us on these pages
and through the website are owned, operated, and provided by Emojitraveling.com B.V.
and are provided for your personal, non-commercial (B2C) use only, subject to the terms and conditions set out below.
The relationship that we have with the Trip Providers are governed by separate terms and conditions
which govern the (B2B) commercial relationship we have with each of these Trip Providers.
Each Trip Provider acts in a professional manner vis-à-vis Emojitraveling.com when making its product and/or service available on or
through Emojitraveling.com (both for its business-to-business (“B2B”) and/or business-to-consumer (“B2C”) relationship).
Please note that Trip Providers may have, declare applicably and/or require (acceptance of) – in addition to the policies and fine print as disclosed on the website,
their own (delivery/shipping/carriage/usage) terms, and conditions and
house rules for the use, access and consummation of the Trip
(which may include certain disclaimers and limitations of liability).
Definitions”Emojitraveling.com”, “us”, “we” or “our” means Emojitraveling.com B.V.,
a limited liability company incorporated under the laws of the Netherlands, and
having its registered address at H****t 597, 1017 CE, Amsterdam, the Netherlands.
“Platform” means the (mobile) website and app on which the Trip Service is made available owned,
controlled, managed, maintained, and/or hosted by Emojitraveling.com. “Trip” means the various
different travel products and services that can be ordered, acquired, purchased, bought, paid, rented,
provided, reserved, combined or consummated by you from the Trip Provider.
“Trip Provider” means the provider of accommodation (e.g. hotel, motel, apartment,
bed & breakfast, landlord), attractions (e.g. (theme) parks, museums, sightseeing tours),
transportation provider (e.g. car rentals, cruises, rail, airport rides, coach tours, transfers),
tour operators, travel insurances, and any other travel or related product or service
as from time to time available for Trip Reservation on the Platform (whether B2B or B2C).
“Trip Service” means the online purchase, order, (facilitated) payment or reservation
service as offered or enabled by Emojitraveling.com in respect of various products and
services as from time to time made available by Trip Providers on the Platform.
“Trip Reservation” means the order, purchase, payment, booking or reservation of a Trip.
1. Scope and nature of our service
through the Platform, we (Emojitraveling.com B.V. and its affiliate (distribution) partners)
provide an online platform through which Trip Providers can advertise, market,
sell, promote and/or offer (as applicable) their products and service for order,
purchase, reservation, rent or hire, and through which relevant visitors of the Platform
can discover, search, compare, and make an order, reservation, purchase or payment
(i.e. the Trip Service). By using or utilizing the Trip Service
(e.g. by making a Trip Reservation through the Trip Service), you enter into a direct (legally binding)
contractual relationship with the Trip Provider in which you make a reservation or
purchase a product or service (as applicable). From the point at which you make your Trip Reservation,
we act solely as an intermediary between you and the Trip Provider.
We transmit the relevant details of your Trip Reservation to the relevant Trip Provider(s) and
send you a confirmation email for and on behalf of the Trip Provider.
Emojitraveling.com does not (re)sell, rent out, offer any (travel) product or service.
For customers within the European Economic Area (“EEA”), Switzerland, and the
United Kingdom the following applies.
Based on self-declaration, we request Trip Providers globally to indicate to us if they – in the context of EU consumer law
– act as a private host (non-trader) rather than as a professional host (trader). If a Trip Provider indicates to us that it acts as a private host
(or does not expressly indicate anything to us in this regard but based on information available to us cannot be clearly
categorized as a professional host), such Trip Provider is labeled on the search result page as
“managed by a private host” and the following explanation is added:
“This property is managed by a private host. EU consumer law relating to professional hosts might not apply.
Hosts who have registered with Emojitraveling.com as a private host are parties that rent out their property or
properties for purposes which are outside their trade, business, or profession.
They are not officially traders (like a global hotel chain) and therefore may not fall under the same consumer
protection rules under EU law, but don’t worry,
Emojitraveling.com provides you with the same customer service as we do with any stay.
This doesn’t mean that your stay or experience will be any different than booking with a professional host.”
Trip Providers that are not labeled as private hosts on our Platform act – to our best knowledge – as professional hosts under EU consumer law. The qualification as ‘private host’ is only relevant for
the purpose of EU consumer law and has no relevance for tax purposes, including VAT or any other similar
indirect taxes levied by reference to added value, or sales and/or consumption.
When rendering our Trip Service, the information that we disclose is based on the information provided to us
by Trip Providers. As such, the Trip Providers that market and promote their Trip on the Platform
are given access to our systems and extranet through which they are fully responsible for updating
all rates/fees/prices, availability, policies & conditions and other relevant information which is displayed on our Platform.
Although we will use reasonable skill and care in performing our Trip Service, we will not verify if,
and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors
(including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial)
breakdown, repair, upgrade or maintenance of our Platform or otherwise),
inaccurate, misleading or untrue information or non-delivery of information. Each Trip Provider remains responsible at all times for the accuracy, completeness
and correctness of the (descriptive) information (including the rates/fees/prices, policies & conditions and availability)
displayed on our Platform. Our Platform does not constitute and should not be regarded as a recommendation
or endorsement of the quality, service level, qualification or (star) rating, type of accommodation of any Trip Provider
(or its facilities, venue, vehicles, (main or ancillary) products or services) made available,
save as explicitly indicated or set out otherwise.
Our Trip Service is made available for personal and non-commercial use only.
Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information,
software, reservations, tickets, products or services available on our Platform for any commercial or
competitive activity or purpose.
2. Prices, We Price Match, Genius program, and offers facilitated by a partner company prices as offered by the Trip
Providers on our Platform are highly competitive. All prices for your Trip are displayed including VAT/sales tax
and all other taxes (subject to change of such taxes) and fees unless stated differently on our Platform or
the confirmation email/ticket. Ticket prices are per person or group and subject to validity or expiration
as indicated on the ticket, if applicable. Applicable fees and taxes (including tourist/city tax)
may be charged by the Trip Provider in the event of a no-show or cancellation.
Sometimes cheaper rates are available on our Platform for a specific stay, product or service, however,
these rates made available by Trip Providers may carry special restrictions and conditions, for example,
non-cancelable and non-refundable. Please check the relevant product, service, and reservation conditions and
details thoroughly for any such conditions prior to making your reservation.
We want you to pay the lowest price possible for your product and service of choice.
Should you find your property of choice booked through the Platform, with the same Trip conditions,
at a lower rate on the Internet after you have made a reservation through us, we will match the difference
between our rate and the lower rate under the terms and conditions of the We Price Match.
Our We Price Match promise does not apply to non-accommodations related products and services.
The currency converter is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.
Obvious errors and mistakes (including misprints) are not binding.
All special offers and promotions are marked as such. If they are not labelled as such,
you cannot derive any rights in the event of obvious errors or mistakes.
Genius programmeThe Genius rate is a discounted rate offered by participating properties
for certain rooms/accommodation types.
The Genius rate is for members of the Emojitraveling.com Genius programme.
The Genius programme is open to anyone that has an account on the Platform.
There are no membership fees and all you need to do to become a member is to create an account on Emojitraveling.com.
The membership and the Genius rates are for that individual member and are non-transferable. Membership can also be linked to specific campaigns or incentives,
as occasionally launched or communicated per Emojitraveling.com’s sole discretion.
The Genius programme consists of multiple membership levels based upon the number of
reservations made through the Emojitraveling.com platform, each with different levels of
discount on selected properties and/or selected options
Membership levels may vary and may be subject to change, at the sole discretion of Emojitraveling.com.
Emojitraveling.com reserves the right to revoke and cancel the Genius membership of any individual in the event of abuse,
such as violation of these terms & conditions, and/or use of invalid credit cards.
Emojitraveling.com furthermore reserves the right to revoke and
cancel the Genius membership of any individual who engages in inappropriate behavior,
such as violence, threat, harassment, discrimination, obscenity or fraud in relation to Emojitraveling.com
(or its employees and agents) and/or the accommodation (or its employees and agents).
The Genius rate cannot be combined or used with other discounts (unless approved
by the accommodation or indicated otherwise). Emojitraveling.com may, at its discretion,
(partially) alter, limit or modify the Genius programme structure or any other feature of the programme
(including but not limited to the (status of the) subject Genius level(s)), for any reason, without prior notice.
The Genius membership is linked to your account on Emojitraveling.com and will not expire or otherwise
terminate unless you terminate, close, delete or otherwise revoke your account.
Without notice to you, Emojitraveling.com also reserves the right to “unregister” or
otherwise disable an account that is inactive. An inactive account is defined as an account that has not made
a reservation for more than five (5) years. In the event that your account is disabled, you will no longer
be eligible for the Genius benefits. You may reactivate your account by making a qualifying reservation
using your Emojitraveling.com account.
Partner offerEmojitraveling.com may display offers that are not directly sourced from Trip Providers,
but are facilitated by a Emojitraveling.com partner company, such as another platform (Partner offer).
Partner offers will be clearly displayed and distinguished from the regular offers directly sourced from
Trip Providers and have the following special conditions, unless mentioned otherwise on our Platform:
Price policy: as displayed on our Platform.Pay in advance: You’ll pay securely with Emojitraveling.com at the time
of the booking.No modifications: Once your booking is completed, any changes to your personal or booking details
will not be possible. Requests can be made directly with the property, but are not guaranteed.Cannot combine with other offers:
Other promotions, incentives and rewards are not eligible on the booking.No guest review:
It’s not possible to leave a guest review on our Platform.3. Privacy and cookiesEmojitraveling.com
respects your privacy.
Please have a look at our privacy and cookies policy for further information.
4. Free of charge for consumers, only Trip Providers pay!Unless indicated otherwise, our service is free of charge for consumers because,
unlike many other parties, we will not charge you for our Trip Service or add any additional (reservation) fees to the rate.
You will pay the Trip Provider the relevant amount as indicated in the Trip Reservation (plus – insofar not included in the price – relevant applicable taxes, levies and fees (if applicable)).
Trip Providers pay a commission (being a small percentage of the product price (e.g. room price)) to Emojitraveling.com
after the end user has consummated the service or product of the Trip Provider (e.g. after the guest has stayed at (and paid)
the accommodation). Trip Providers can improve their ranking by increasing their commission (Visibility Booster).
The use of the Visibility Booster (by increasing the commission in return for better position in the ranking) is at each Trip
Provider’s discretion and may be used from time to time and product to product offered.
The algorithm of the ranking will take an increase in commission into account when determining the Default Ranking.
Preferred partners pay a higher commission in return for a better position in the ranking.
Only Trip Providers which have a commercial relationship with Emojitraveling.com
(through an agreement) will be made available on Platform (for their B2B and/or B2C promotion of their product).
Emojitraveling.com is not an open platform (like Amazon or eBay) where end users can make their product available
(no C2C platform); Emojitraveling.com does not allow non-professional parties to offer or
sell their products on or through Emojitraveling.com.
5. Credit card or bank transferIf applicable and available, certain Trip Providers offer the opportunity for Trip Reservations
to be paid (wholly or partly and as required under the payment policy of the Trip Provider) to the Trip Provider during the Trip
Reservation process by means of secure online payment (all to the extent offered and supported by your bank).
For certain products and services, Emojitraveling.com facilitates (through third party payment processors)
the payment of the relevant product or service (i.e. the payment facilitation service) for and on behalf of
the Trip Provider (Emojitraveling.com never acts nor operates as the merchant of record).
Payment is safely processed from your credit/debit card or bank account to the bank account of the accommodation
provider through a third party payment processor. Any payment facilitated by us for and on behalf of,
and transferred to the Trip Provider will in each case constitute a payment of (part of)
the booking price by you of the relevant product or service in final settlement (bevrijdende betaling) of such (partial) due and payable price and you cannot reclaim such paid monies.
For certain (nonrefundable) rates or special offers, please note that Trip Providers may require that payment
is made upfront by wire transfer (if available) or by credit card, and therefore your credit card may be pre-authorised or charged (sometimes without any option for refund) upon making the Trip Reservation.
Please check the (reservation) details of your product or service of choice thoroughly for any such conditions
prior to making your Trip Reservation. You will not hold Emojitraveling.com liable or responsible for any
(authorized, (allegedly) unauthorized or wrong) charge by the Trip Provider and not (re)claim any amount
for any valid or authorized charge by the Trip Provider (including for pre-paid rates, no-show and chargeable cancellation)
of your credit card.
most banks and credit card companies bear the risk and cover all the charges resulting from such
fraud or misuse, which may sometimes be subject to a deductible (usually set at EUR 50
(or the equivalent in your local currency)). In the event that your credit card company or
bank charges the deductible from you because of unauthorized transactions resulting from a
reservation made on our Platform, we will pay you this deductible, up to an aggregate amount of
EUR 50 (or the equivalent in your local currency). In order to indemnify you, please make sure that you
report this fraud to your credit card provider (in accordance with its reporting rules and procedures)
and contact us immediately. Please provide us with evidence of the charged deductible
(e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Emojitraveling.com’s secure server and the unauthorized use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server.
6. Pre-payment, cancellation, no-show, and fine printmaking a Trip Reservation
with a Trip Provider, you accept and agree to the relevant cancellation and no-show policy of that Trip Provider, and to any additional (delivery) terms and conditions of the
Trip Provider that may apply to your Trip (including the fine print of the Trip Provider
made available on our Platform and the relevant house rules of the Trip Provider),
including for services rendered and/or products offered by the Trip Provider.
The relevant (delivery/purchase/use/carrier) terms and conditions of a Trip Provider can be obtained with the relevant Trip Provider. The general cancellation and no-show policy of each Trip Provider is
made available on our Platform on the Trip
Provider information pages, during the reservation procedure and in the confirmation email or ticket (if applicable). Please note that certain rates, fees, or special offers are not eligible for cancellation,
refund or change. Applicable city/tourist tax may still be charged by the Trip Provider in the event of a no-show or charged cancellation. Please check the (reservation) details of your product or service of choice thoroughly for any such conditions prior to making your reservation. Please note that a Trip Reservation that requires down payment or (wholly or partly) prepayment may be canceled (without prior notice of default or warning) insofar the relevant (remaining) amount(s) cannot be collected in full on the relevant due or payment date in accordance with the relevant payment policy of the Trip Provider and the reservation. Cancellation and prepayment policies may vary per segment, product, or service of each Trip…
Please carefully read the fine print (below the Trip types or at the bottom of each Trip
Provider page on our Platform) and important information in your reservation confirmation for additional
policies as may be applied by the Trip Provider (e.g. in respect of age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds/no free breakfast, pets/cards accepted).
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 unless the Trip Provider agrees or allows otherwise under its
(pre)payment and cancellation policy.
If you wish to review, adjust or cancel your Trip Reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the Trip Provider’s cancellation, (pre)payment, and no-show policy or not be entitled to any repayment of any (pre)paid amount. We recommend
that you read the cancellation, (pre)payment, and no-show policy of the accommodation provider carefully prior to making your reservation and
remember to make further payments on time as may be required for the relevant reservation.
If you have a late or delayed arrival on the check-in date or only arrive the next day, make sure to (timely/promptly) communicate this with the Trip Provider so they know when to expect you to avoid cancellation of your Trip (Reservation) or charge of the no-show fee. Our customer service department can help you if needed with informing the Trip Provider.
Emojitraveling.com does not accept any liability or responsibility for the consequences
of your delayed arrival or any cancellation or charged no-show fee by the Trip Provider.
7. (Further) correspondence and communication by completing a Trip Reservation, you agree to receive (i)
an email which we may send you shortly prior to your arrival date, giving you information on
your destination and providing you with certain information and offers (including the third party
offers to the extent that you have actively opted in for this information) relevant to your
Trip (Reservation) and destination, (ii) an email after arrival to rate the (experience with your)
Trip Provider and the Trip Service, and (iii) an email which we may send to you promptly
after your stay inviting you to complete our guest review form. See our privacy and cookies
policy for more information about how we may contact you.
Emojitraveling.com disclaims any liability or responsibility for any communication by or with the
Trip Provider on or through its platform. You cannot derive any rights from any request to, or communication with the Trip Provider or (any form of) acknowledgment of receipt of any communication or request. Emojitraveling.com cannot guarantee that any request or communication will be
(duly and timely) received/read by, complied with, executed or accepted by the Trip Provider.
In order to duly complete and secure your Trip 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 Emojitraveling.com or in respect of the Trip Service must be promptly submitted, but in any event within 30 days after the scheduled day of consummation of the product or service (e.g. check out date). Any claim or complaint that is submitted after the 30 days period,
may be rejected and the claimant shall forfeit it’s right to any (damage or cost) compensation.
Due to the continuous update and adjustments of rates and availability,
we strongly suggest making screenshots when making a reservation to support your position (if needed).
For consumers (in the European Economic Area): We advise you to first notify us of any complaints by contacting our Customer Service. If this does not resolve your complaint, you can upload your complaint via the European Commission’s ODR platform. This platform for online dispute resolution can be found here: http://ec.europa.eu/odr
8. Ranking, preferred program, stars, and guest reviews aim to display search results that are
relevant for you, by providing a personalized default ranking of Trip Providers on our Platform.
You can scroll through this default ranking, use filters, and sort by alternative ranking orders, and thus have the ability to influence the presentation of search results to receive a ranking order based on other criteria.
We use multiple algorithms to produce default ranking results, this process is constantly evolving.
Emojitraveling.com has identified the following parameters to be most closely correlated with you finding a suitable
Trip Provider and thus prioritize such parameters in the algorithms (main parameters): your personal search history, the rate of ‘click-through’ from the search page to the hotel page (“CTR”), the number of bookings related to the number of visits to the
Trip Provider page on the Platform (“Conversion”), gross (including cancellations), and net (excluding cancellations)
bookings of a Trip Provider. Conversion and CTR may be affected by various (stand-alone) factors including review scores (both aggregated scores and components), availability, policies, (competitive)
pricing, quality of content, and certain features of the Trip Provider. The commission percentage paid by
the Trip Provider or other benefits to us (e.g. through commercial arrangements with
the Trip Provider or strategic partners) may also impact the default ranking, as well as the
Trip Provider’s record on timely payment. The Trip Provider may also influence its ranking by participating in certain programs – that may be updated from time to time – such as the Genius program, deals, the Preferred Partner Programme, and the visibility booster (the latter two involve the Trip Provider paying a higher commission to us).
Accommodation’s star rating displayed on Emojitraveling.com is not determined by Emojitraveling.com.
The accommodation determines their star rating themselves or it is determined by an independent third-party provider of
(objective) star ratings. Deals are shown on the basis of the number of stars (low to high or high to low)
that providers provide to Emojitraveling.com. Depending on the (local) regulations,
the star classifications either are assigned by an (independent) third party, for example, an (official)
hotel rating organizations or are based on the opinion of the accommodation providers themselves,
irrespective of objective criteria. Emojitraveling.com does not impose formal obligations on star ratings and does not review them. Overall, the star classification is a representation of how the accommodation
compares to the legal requirements (if applicable) or, if not regulated, the sector or (customary)
industry standards in terms of price, facilities, and available services (these requirements and standards can vary between different countries and organizations).
In order to make it easier for customers to find the right match to their travel preferences,
Emojitraveling.com may assign a quality rating, that is determined by Emojitraveling.com and displayed as yellow tiles,
to certain accommodations. In order to determine the comparable set, the quality rating is based on many (400+)
features which can be divided into 5 major categories: (i) facilities/amenities/services offered by
the accommodation on Emojitraveling.com, (ii) property configuration such as unit size, number of rooms and occupancy,
(iii) number and quality of the photos uploaded by the accommodation, (iv) average guest review score as well as some subscores,
for example, cleanliness, as those are proven to be particularly helpful for customers in assessing
the quality of certain accommodations and (v) anonymized and aggregated historical booking data
(for example, to assess the star rating of booked accommodations).
We use these multiple features to derive statistical patterns. Based on these inputs, a machine-learning-based analysis is being conducted which results in a quality rating (between 1-5, displayed by using 1-5 yellow tiles next to the name of the property) being automatically calculated and awarded to the accommodation.
Only customers who have stayed at the Accommodation will be invited by Emojitraveling.com
to comment on their stay at the relevant accommodations and to provide a score for certain aspects
of their stay or may receive a rating request during their stay. The completed guest review
(including submitted rating during your stay) may be (a) uploaded onto the relevant
Trip Provider’s information page on our Platform for the sole purpose of informing (future)
customers of your opinion of the service (level) and quality of the Trip Provider, and (b) (wholly or partly)
used and placed by Emojitraveling.com at its sole discretion (e.g. for marketing, promotion, or improvement
of our service) on our Platform or such social media platforms, newsletters, special promotions, apps, or
other channels owned, hosted, used, or controlled by Emojitraveling.com and our business partners.
In order to offer and maintain recent (and therefore relevant) reviews, reviews can only be submitted
within a limited period of time (3 months) after a stay and each review will only be available for a limited period of time
(up to 36 months) after posting. The default ranking of the reviews is by date of submission relative to a few additional criteria
(such as language, reviews with comments), whereas a review of a customer who [always] submits comprehensive and detailed reviews
(aka “Property Scout”) may be ranked on top.
You have the option to choose various different forms of ranking and filter (e.g. by audience, date, language, score).
Emojitraveling.com does allow the Trip Provider to respond to a review.
We reserve the right to adjust, refuse, or remove reviews at our sole discretion insofar it violates our review policy.
Emojitraveling.com does not compensate or otherwise reward a customer for completing a review.
The guest review form should be regarded as a survey and does not include any (further commercial) offers,
invitations, or incentives whatsoever.
Emojitraveling.com undertakes to use its best efforts to monitor and remove reviews that include
obscenities or the mention of an individual’s name or reference to stolen goods.
Emojitraveling.com will not accept reviews which include:
Profanity, sexually explicit, hate speech, discriminatory, threats, violence mention of full names, personal attack
towards the staff promoting illegal activities (e.g. drugs, prostitution)Sites, emails and addresses, phone numbers,
cc detailsPolitically sensitive commentsEmojitraveling.com and the Trip Provider are each entitled to terminate
their relationship for whatever reason (including in the event of a breach of contract or (filing for) bankruptcy)
with due observance of the relevant notice period as agreed between both parties.
9. DisclaimerSubject 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 reservation as set out in the Trip Reservation confirmation email
(whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives,
subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents, or others involved in creating,
sponsoring, promoting, or otherwise making available the site and its contents shall be liable for (i) any punitive,
special, indirect, or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract,
loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information
(including rates, availability, and ratings) of the Trip Provider as made available on our Platform, (iii)
the services rendered or the products offered by the Trip Provider or other business partners,
(iv) any (direct, indirect, consequential, or punitive) damages, losses, or costs suffered, incurred, or paid by you,
pursuant to, arising out of or in connection with the use, inability to use or delay of our Platform, or (v)
any (personal) injury, death, property damage, or other (direct, indirect, special, consequential, or punitive)
damages, losses, or costs suffered, incurred, or paid by you, whether due to (legal) acts, errors, breaches,
(gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the
Trip Provider or any of our other business partners (including any of their employees, directors, officers,
agents, representatives, subcontractors or affiliated companies) whose products or services are (directly or indirectly)
made available, offered, or promoted on or through the Platform, including any (partial) cancellation, overbooking,
strike, force majeure, or any other event beyond our control.
Emojitraveling.com is not responsible (and disclaims any liability) for the use, validity, quality,
suitability, fitness, and due disclosure of the Trip and makes no representations, warranties, or conditions of any kind in this respect, whether implied, statutory, or otherwise,
including any implied warranties of merchantability, title, non-infringement or fitness for a particular purpose. You acknowledge and agree that the relevant
Trip Provider is solely responsible and assumes all responsibility and liability in respect of the Trip
(including any warranties and representations made by the Trip Provider). Emojitraveling.com is not a (re)seller of the Trip.
Complaints or claims in respect of the Trip (including related to the offered (special/promotion) price,
policy or specific requests made by Customers) are to be dealt with by the Trip Provider. Emojitraveling.com
is not responsible for and disclaims any liability in respect of such complaints, claims, and (product) liabilities.
Whether or not the Trip Provider has charged you for your Trip, or if we are facilitating the payment of the (Trip)
price or fee, you agree and acknowledge that the Trip Provider is at all times responsible for the collection, withholding,
remittance and payment of the applicable taxes due on the total amount of the (Trip) price or fee to the relevant tax authorities.
Emojitraveling.com is not liable or responsible for the remittance, collection, withholding or payment of the relevant taxes due on the (Trip) price or fee to the relevant tax authorities. Emojitraveling.com does not act as the merchant of record for any product or service made available on the Platform.
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 Emojitraveling.com may use the uploaded photos/images on its (mobile) website and app, and in (online/offline) promotional materials and publications and as Emojitraveling.com at its discretion sees fit. You are granting Emojitraveling.com a non-exclusive, irrevocable, unconditional, perpetual right and license to use, reproduce, display,
have reproduced, distribute, sublicense, communicate and make available the photos/images as Emojitraveling.com
at its discretion sees fit. By uploading these photos/images the person uploading the picture(s) accepts full legal and moral responsibility of any and all legal claims that are made by any third parties
(including, but not limited to, accommodation owners) due to Emojitraveling.com publishing and using these photos/images.
Emojitraveling.com does not own or endorse the photos/images that are uploaded. The truthfulness,
validity and right to use of all photos/images is assumed by the person who uploaded the photo,
and is not the responsibility of Emojitraveling.com. Emojitraveling.com 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
Emojitraveling.com at any time and without prior notice.
Emojitraveling.com is entitled, with immediate effect, to deny or limit access to our Platform, our (customer)
service and/or your Emojitraveling.com account, and/or to cancel a confirmed reservation, and/or
prevent a reservation from being made by you in the event of any alleged or reasonably suspected (i)
form of fraud or abuse, (ii) non-compliance with applicable laws and/or regulations, (iii) non-compliance with Emojitraveling.com values and guidelines, (iv) inappropriate or unlawful behavior,
which includes but is not limited to the following: violence, threat, harassment, discrimination,
hate speech, endangerment, invasion of privacy, human trafficking, exploitation of children, and
obscenity in relation to Emojitraveling.com (or its employees and agents), the Trip Provider
(or its employees and agents), and/or third parties, or (v) other circumstances that – at Emojitraveling.com’s
sole discretion – reasonably justify Emojitraveling.com taking any of the aforementioned measures.
10. 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 Emojitraveling.com B.V., its Trip Providers or providers.
Emojitraveling.com 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 Emojitraveling.com. 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).
11. Applicable law, jurisdiction, and dispute resolution these terms and conditions and the provision of our services
shall be governed by and construed in accordance with Dutch law. Notwithstanding the foregoing choice of law,
a natural person using any of our services for a purpose which can be regarded as being outside their trade or profession
(hereinafter also referred to as “consumer”) can rely on the mandatory provisions of the law of the country
where they have their habitual residence (i.e. provisions that,
in accordance with the choice-of-law rules of the said country,
must apply regardless of this choice-of-law clause; hereinafter: “Mandatory Provisions”).
Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Amsterdam, the Netherlands.
Notwithstanding the foregoing jurisdiction clause, a consumer may also bring proceedings in respect of the enforcement of relevant applicable Mandatory Provisions in the courts of the country in which they are domiciled, and proceedings against a consumer may be brought only in the courts of the country in which they are domiciled. For consumers (in the European Economic Area):
We advise you to first notify us of any complaints by contacting our Customer Service.
If this does not resolve your complaint, you can upload your complaint via
the European Commission’s ODR platform.
This platform for online dispute resolution can be found here: http://ec.europa.eu/odr.
The original English version of these terms and conditions may have been translated into other languages.
The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version.
In the event of a dispute about the contents or interpretation of these terms and conditions or
inconsistency or discrepancy between the English version and any other language version of these terms and conditions,
the English language version to the extent permitted by law shall apply, prevail and be conclusive.
The English version is available on our Platform (by selecting the English language) or
shall be sent to you upon your written request.
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.
12. About Emojitraveling.comThe Trip Service is rendered by Emojitraveling.com B.V.,
which is a private limited liability company,
the Netherlands and registered with the trade register of the Chamber of Commerce in under registration number 31047344. Our VAT registration number is NL***.