Terms and Conditions Tourist

Vacamania offers a variety of bookable tours, experiences, tickets, adventures, and similar products (henceforth referred to as ‘Products’) through the website www.Vacamania.Com (Henceforth referred to as the Booking Platform, Website, or Site) and through designated partner websites. All of the Products offered via Vacamania are sold on behalf of Suppliers, under the suppliers’ responsibility. Vacamania is not a party to the contract between you as a customer and the supplier of the Product and therefore has not responsibility or liability to you in respect of the terms of that contract whether directly or indirectly.

Your use of this Website is subject to your irrevocable acceptance without modification of these Terms of Use, the Business Terms of Use, and our Data Policy. You agree to use this Website in accordance with all of the aforementioned terms and subject to all of the aforementioned terms. Vacamania reserves the right to at any point in time change the content, structure, functionalities of the Booking Platform, including suspending in full or partially the Website, or blocking access to visitors of the Website in partial or in full, without any reason, at any point in time, and with immediate effect. Vacamania is the owner and proprietor of all information published on Vacamania.com, including customer reviews, product, and supplier information. All such information may not be used or distributed by any parties, before such parties have received Vacamania’s written consent thereto. Whenever having visited the Booking Platform you are always legally bound by the Terms of Use. General Terms of Business of Vacamania and Suppliers of Products For booking services via the Website, the Business Terms of Use and the Terms of Business of Suppliers of Tours and Bookers as well as the additional conditions of suppliers shall apply. You should note that Vacamania does not warrant that the information published on this Website will be error free and in using this Website you acknowledge that the Product details and all other information, including but not limited to supplier information, customer information, and other information published on the Website etc may include errors, inaccuracies, mistranslations, or typographical errors. All information published on Vacamania including but not limited to customer reviews, company reviews, supplier information, product information, blog articles and other types of information published on Vacamania, is the sole ownership and propriety of Vacamania. All such information may not be used or distributed by any other parties, before such parties have received Vacamania’s prior written consent hereto. All bookings are made with the supplier offering the Product in question, not with Vacamania. Vacamania only facilitates the making of the reservations with the suppliers of Products and sometimes the payment as well. Vacamania is not a party to the contract between you as a customer and the supplier of the Product and therefore has not responsibility or liability to you in respect of the terms of that contract whether directly or indirectly. As a condition to the use of this Booking Platform you hereby confirm and undertake to Vacamania that: You are not a national of Cuba (a “Restricted National”) and acknowledge that use of this Website by or on behalf of a Restricted National is prohibited; and You hereby confirm and undertake to Vacamania that if you are a national of Iran, Syria, Sudan, Myanmar (Burma), or North Korea (“Other Restricted Territory”) that your credit card is not issued through an “Other Restricted Territory” nor is your booking made while you are present in an “Other Restricted Territory”; and You confirm and undertake to Vacamania that you will not use this Website for any purpose that is unlawful or prohibited by these Terms of Use. You confirm and undertake that you are of sufficient legal age to use this Website and to create binding legal obligations for any liability you may incur as a result of the use of this Website. You furthermore understand that you are financially responsible for all uses of this Website by you and those using your log-in information. Payments Upon requesting to make a booking of a Product with a supplier your credit card will be charged. However, if the supplier does not accept the booking within 48 hours the charged amount will be credited back to your account. When making a booking, Vacamania charges the full payment upfront for some Products and for other Products Vacamania merely charges a deposit after which the remaining payment is required to be made to the supplier directly upon arrival, or to Vacamania before the Products start date. For any payments made on Vacamania.com, all such payments are made to Vacamania. With regards to all payments made on Vacamania in connection with booking a Product, these payments are also covered by a financial travel guarantee made by the Danish Travel Fund, which Vacamania is a member of. However, any payments made directly to any supplier are not covered by any guarantee made by the Danish Travel Fund. If you did not pay for the booked Product or if your credit card is revoked, your claim to receive the Product is cancelled. Such instance shall be regarded as a cancellation and the cancellation policy policy stated in point 6. below shall apply. After payment, the booker is responsible for showing up at the specified start date and time. In case the booker does not show up, this shall be regarded as a no-show, and full payment shall still be made to the supplier. Cancellation is not possible.

This Website may contain hyperlinks to websites operated by parties other than Vacamania. Such hyperlinks are provided for your reference only. Vacamania does not control such websites and is not responsible for their contents. The inclusion of hyperlinks on this Website to such other websites does not imply any endorsement of the material on such websites or any association with their operators.

You are granted a limited, nonexclusive right to create a “hypertext” link to the home page of this Website provided that such link does not portray Vacamania or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Vacamania trademark, logo or trade name or other proprietary information including the images found at the Website, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Vacamania.

When visiting the Website, Vacamania collects certain data (e.g. IP address, browser type) for statistical purposes. Such data including data that you transfer to use e.g. when making booking queries or communicating with suppliers or other data transfers to us, may be used for the purpose of improving this Website, for contract settlement, presentations, design, analysis, marketing and consulting purposes. If you have accepted to receive our newsletter, or other updates by Vacamania we reserve the right to send you regular updates about Products, offers, news and other pieces of information. When booking a Product at the Booking Platform you give us permission to send you relevant messages and documents online, including giving the supplier of such Product permissions to send you messages and documents. For more details please see the Business Terms of Use. All information published on Vacamania, irrespective of whether such information has been received by customers or suppliers of Vacamania, including but not limited to customer reviews, company reviews, supplier information, product information, blog articles and other types of information published on Vacamania, is the sole ownership and propriety of Vacamania. All such information may not be used or distributed by any other parties, before such parties have received Vacamania’s prior written consent hereto. Failure to adhere to this requirement is a criminal offence, punishable by law.

When you register an account all information submitted through such account including but not limited to full name, profile picture, date of birth, credit card data etc will be stored at our side. Please note, however, that should you apply your credit card information such data will not be stored by our side but at the credit payment gateway provider which Vacamania has chosen to process secure payments of Products and other services. Vacamania explicitly excludes any liability caused by such chosen payment gateway provider in storing your credit card information. When creating an account you are giving Vacamania permission for online communication including allowing us to send our email newsletter or other electronic newsletters. You can at any time unsubscribe from such newsletters. Vacamania may use cookies on our Website. Cookies are a feature within your internet browsing software and store data about the use of Websites on your computer. If Vacamania sees fit we may make use of such information. Sharing information with third parties When you conclude a purchase of a Product or other service offered on the Booking Platform, some or all of the data you have provided to Vacamania will be transmitted to the owner of such Product allowing such owner to ensure a proper execution of the booked Product. Whenever required by authorities or legal bodies Vacamania will also pass on requested information by such legal authorities. Vacamania hereby reserves the right to transmit such data to third parties, authorities etc.

Please see our Data Policy.

The information, content, graphics, text, sounds, images, buttons, trade marks, service marks, trade names and logos (“Materials”) contained in this Website are protected by copyright, trademark, database right, sui generis right and other intellectual property laws under national laws and international treaties. Vacamania or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Materials, software, products or services obtained from this Website. Other than expressly provided herein, nothing in these Terms of Use shall be construed as inferring by implication or otherwise any license or right under any copyright, trademark, database right, sui generis right or other intellectual property or proprietary interest of Vacamania, its licensors or any third party. Any persons breaching any of this provision will be prosecuted.

While Vacamania makes all reasonable efforts to ensure that the Products listed are of reasonable standard the listing of any supplier and Products on the Website is not and should not be taken as a recommendation from Vacamania or a representation that the Product or supplier of such Product will be suitable for the user’s purpose. Vacamania shall in no way be liable to you in the event that a supplier or Product is not suitable for your purpose. While Vacamania’s terms requires that each and every supplier and their respective Products display prices at the Booking Platform which are inclusive of all value added tax, other taxes, or other expenses, it is ultimately the responsibility of the supplier and not Vacamania. By using this Website you therefore acknowledges that Vacamania shall have no liability to you in respect of any attempt by a supplier to levy additional value added taxes or other taxes, or expenses in addition to the already paid amount at Vacamaniat. The sole recourse in such regard shall thus be against the supplier and not Vacamania. Neither vacamania nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of any informaion, products, services and/or the materials offered through this website, including but not limited to, loss of data, income, profit, or opportunity, loss of or damage to property and claims of third parties, or any indirect or consequential loss or damages, even if vacamania has been advised of the possibility of such loss or damage, or such loss or damages were reasonably forseeable.

Vacamania can at any point in time change these Terms of Use. The Terms of Use at the time of your visit shall always apply.

Use of this Website and Booking Platform is exclusively under Copenhagen Arbitration law in Copenhagen, Denmark.

When you use Vacamania, we must process information about you. The types of information we collect depend on how you use Vacamania. We realise that people are unsure about entering their personal details into websites via the Internet. Below, we explain what information we collect from you, how we use and process your information, who we transfer it to etc. When this policy mentions “Vacamania,” “we,” “us,” or “our,” it refers to Vacamania ApS, the company that is responsible for your information under this Data Policy (the “Data Controller”).

We collect the content, communications and other information you provide when you use Vacamania, including when you sign up for an account, subscribe to our newsletter, download trip notes or travel articles, make a comment in our forums or to our travel articles, update your user profile, make a booking, or create or share content, and message or communicate with other travellers or tour operators etc. This can include information in or about the content you provide (like metadata), such as the location of a photo, the date of sign-up, or the date a file was created.

When you manually sign-up as a user on Vacamania we collect the following information from you: first name, last name, nationality, and your email address. You may furthermore provide additional information in your profile such as photo, date of birth etc. When you sign-in via Facebook we collect your data from your public profile, including your name, profile photo, email address, nationality and other information provided by Facebook. When you sign-in via Google+ we collect data from your Google+ profile, including your name, profile photo, email address, nationality and other information provided by Google+.

For us to process a booking for you, we collect some information from you. The information required may vary per booking, depending on which tour you wish to book, as it ultimately depends on what information our tour provider require to carry out the tour booked. We always require your title, full name, date of birth, nationality, and your contact number. For certain Products that you book we may also require: your passport number, passport issue date, passport expiry date, height in centimeter, dietary requirements, medical conditions (only the ones relevant from a travel perspective), travel insurance provider, travel insurance reference number, travel insurance contact number, next of kin name, next of kin relationship, next of kin contact number or email address, and other relevant details. In order to confirm booking of a Product on the website Vacamania also require your credit or debit card details and perhaps other financial details. Please note that we only store 4 of the 16 digits of your credit card for security reasons. The remaining information is passed on to Stripe, the international and accredited payment gateway provider. We furthermore collect information about the Product purchase and transaction, including meta data such as IP location, time of making the booking and other information.

When you communicate with Vacamania or use the Vacamania messaging service to communicate with other users and tour companies, we collect information about your communication and any information you choose to provide, including meta data. In such messages you could in theory provide information about your religious views, political views, or your health. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) could be subject to special protections under the laws of your country.

When you subscribe to our newsletter, or download trip notes for a trip, or download a travel guide, travel article or similiar, we will collect and store your email address.

We collect information about how you use Vacamania, such as the types of content you view or engage with; the features you use; the actions you take; the suppliers or users you interact with; and the time, frequency and duration of your activities. For example, we log when you’re using and have last used Vacamania, and what travel articles, tour pages, and other content you view on Vacamania.

We also receive and analyze content, communications and information that other people provide when they use Vacamania. This can include information about you, such as when others send a message to you.

As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with Vacamania, and we combine this information across different devices you use.

Device attributes: information such as the operating system, hardware and software versions, and browser type. Device operations: information about operations and behaviors performed on the device, e.g. mouse movements (which can help distinguish humans from bots). Identifiers: unique identifiers, device IDs, and other identifiers, associated with the same device or account. Network and connections: information such as the name of your mobile operator or ISP, language, time zone, and IP address. Cookie data: data from cookies stored on your device, including cookie IDs and settings.

We use the information we have (subject to choices you make) as described below and to provide and support the growth of Vacamania. Here’s how: Provide, personalise, measure and improve Vacamania: We use the information we have to deliver our Products, including to measure and personalize features and content (including your tour, destinations, currency and activity display) and make suggestions for you (such as Products or travel articles you may be interested in or travel topics you may want to follow in our forums etc.) To create personalized Products that are unique and relevant to you, we use your past browsing data on Vacamania; how you use and interact with our Products, tour companies, and users; and your geographical location. Location-related information: We use your current location (via IP address) to show you Product information in your local currency, including showing you relevant Products and destinations, concerning your current location. Product research and development: We use the information we have to develop, test and improve Vacamania and its existing features, including by conducting surveys and research, and testing and troubleshooting new products and features. We also use your information to share with other users on e.g. how many users are currently active in the Product you’re looking at, or if a user has recently booked a Product in a given destination or region. Provide measurement and analytics: We use the information we have to understand the usage of Vacamania better, to know how many people use it, and how they use it. Promote safety, integrity and security: We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad user experiences, maintain the integrity of Vacamania, its Products, and data, and promote safety and security on Vacamania, and for all the data we collect. Marketing and Communication with you: We use the information we have to send you marketing communications, communicate with you about Vacamania, our Products, about a conversation you’re having with a supplier, and let you know about our policies and terms of use. We also use your information to respond to you when you contact us, to assist you better with an existing or upcoming booking.

Upfront, we do not sell any of your information to anyone. Your information is shared with other parties in the following ways:

We are required to communicate and share your information to the supplier with which you booked a Product so that the supplier knows your required booking information and when you will be starting your Product. We give your name, your nationality, your phone number, your email address, and other information provided, including all the information entered into the booking form, when making a booking, and other information collected post-booking, to the supplier. The supplier requires this information to process your tour. The supplier and other users will furthermore receive all the information that you pass to them via our messages and chat system inside Vacamania. All suppliers on whose behalf we facilitate bookings of Products have agreed to the Vacamania terms and conditions and accepted this Vacamania Data Policy.

The users and suppliers who you communicate with will receive all the information shared and communicated. In order to help and assist you, we furthermore share all this information with a few select Vacamania staff so that they can assist you better with your communication, existing or upcoming Product bookings. When you make an enquiry via Vacamania and respond back to e.g. a supplier via email, this information still goes through Vacamania and is shared with the supplier, via Vacamania, as well as the few select Vacamania staff.

Vacamania receive customer deposit the total estimated amount as payment upon confirmation. The balance of the estimated amount is to be settled in fourteen (14) working days prior to the date of function. Payments only by direct transfer to our bank account, or by cash at Malaysia

For Tourist, we do require a 100% payment from total package price. For Travel Agencies, we do require a 3% charges booking from total price packages for inbound (vacation in Malaysia) and fixed rate RM100 below 5 pax and RM200 above 5 pax for outbound from total price packages for outbound (vacation around the world). Travel Agencies must claim to Vacamania that 97% payment for inbound package and balance after deduct fixed charges for outbound packages. Claim can be submitted by request at travel agency dashboard in vacamania.com with upload the proof of documentation such as receipt and invoices for travel packages. Claiming process will take 3-5 working days for payment paid using FPX/online banking and 11-15 working days for payment paid using credit card. If Travel Agencies has made a payment for tickets, accomodation and etc before tourist made cancellation, Vacamania will refund travel agency money if tourist willingly cancel the booking / payment their made. BUT total refund only for how much travel agencies paid for tickets, accomodation and etc but will consider and negotiate if things happen out of control, such as damage due to accidents, crime and acts of God. If Travel Agencies not make any payment for tickets, accomodation and etc before tourist made cancellation, so no refundable will happen to travel agencies. Refund will be paid directly to customer, or Vacamania will replace with new travel agent, with customer’s consent. For both situation, Vacamania will charges 3% from total of inbound package and RM100 for outbound package. If Travel Agencies not deliver travel package on the date of arrival to tourist or make last minute cancellation Vacamania will REFUND ALL THE that payment to tourist. Otherwise, Vacamania will help and coorporate with tourist about information of Travel Agencies for their file suit.

Public information on Vacamania can in principle be seen by everybody, including if other people don’t have an account in Vacamania. This includes comments you make in our forums, comments to a travel article or blog post. We may furthermore share questions or concerns that you raised with Vacamania’s Customer Service, and provide an answer to such questions publicly, to better assist other users of Vacamania.

When you post a comment, make a review, upload an image, or in any other way make some information publicly available on Vacamania, such information may be shared via Vacamania or other channels by other users.

When you’re logged in and on Vacamania other people will be able to see signals telling them that you’re active, or when you last used Vacamania, when they check your profile.

When you do a login with Facebook or Google+, they will know that you logged into Vacamania, so this information is shared with Facebook and Google. Same applies if you do a social media share or like with a social media channel such as e.g. Facebook, Google+ or another third party platform.

If the ownership or control of all or part of Vacamania changes, we may transfer the information to the new owner.

We share analytics and browsing data with third parties such as Google, Facebook, Hotjar and other third parties for marketing and analytics purposes, including improving Vacamania as a product. Most of this data is, however, only accessible on an aggregate manner. Our auditors and other people may have access to some of your booking data, but merely from a legal perspective, e.g. when we’re having our accounts audited by an accredited auditor company.

We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how our Products are used, providing customer service, facilitating payments or conducting surveys.

We share information with law enforcement or in response to legal requests.

We collect, use and share the data that we have in the ways described above: as necessary to fulfill our Vacamania Terms of Use; consistent with your consent, which you may revoke at any time through the Vacamania profile page; as necessary to comply with our legal obligations; as necessary for our (or others’) legitimate interests, including our interests in providing an innovative, personalized, safe, and profitable travel service to our users and partners, unless those interests are overridden by your interests or fundamental rights and freedoms that require protection of personal data.

Under the General Data Protection Regulation, you have the right to access, edit, rectify, port and delete your data. You will be able to do such under your Vacamania profile page.

We store data until it is no longer necessary to provide our services and Vacamania as a product. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. For all files submitted via Vacamania’s message system, we will delete any file with a storage time of 24 months or more. If you decide to close your Vacamania account from your Vacamania profile page, we will deactivate your account and delete all your profile information. Please note, however, that we in our files may retain some information associated with your account and past transactions for purposes including backups, fraud prevention, dispute resolution, investigations, and compliance with legal requirements. As a registered Vacamania user, you can modify your email subscription choices at any time on the Vacamania profile page. Please note, however, that we reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating to your Vacamania account, without offering you the opportunity to opt out of receiving them.

We want you to feel confident about using Vacamania, and we are committed to protecting the information we collect. While no website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they only may do so for permitted business functions. In addition, we use encryption when transmitting your personal information between your system and ours, and between our system and those of the parties with whom we share sensitive information, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information. You should be aware that where you link to another website from this website, that Vacamania has no control over that other website. Accordingly, Vacamania cannot guarantee that the controller of that website will respect your privacy in the same manner as Vacamania. We access, preserve and share your information with regulators, law enforcement or others: In response to a legal request, if we have a good-faith belief that the law requires us to do so. We can also respond to legal requests when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the Products, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or Products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off Vacamania. Vacamania is a general audience site and does not offer services directed to children. Should an individual whom we know to be a child under age 13 send personal information to us, we will delete or destroy such information as soon as reasonably possible. People below 18 years old will not be able to make a tour booking.

We share internally within the Vacamania Companies and externally with our partners and with those you chat and message with around the world in accordance with this policy. Information controlled by Vacamania ApS will be transferred or transmitted to, or stored and processed in Denmark or other countries outside of where you live for the purposes as described in this policy. These data transfers are necessary to provide the services set forth in the Vacamania Terms of Use and to globally operate and provide Vacamania to you.

We may update our Data Policy from time to time. We will notify you of any changes by posting the new Data Policy on this page. You are advised to review this Data Policy periodically for any changes. Changes to this Data Policy are effective when they are posted on this page.

The data controller responsible for your information is Vacamania ApS who you can contact here.