Terms of Use & Conditions (Agreement)

1. Introduction

• This Website of JSC DSBW Travel (Clewel Travel) is an online service of our Joint Stock Company with Latvian Jurisdiction (European Community, registered name Akciju Sabiedrība Clewel Travel) enabling clients to learn, find and book: tours, trips, experiences, tickets, accommodation, transfers, guides and other services (“products" or "travel products") made available by our company as well by third party suppliers through our websites & our affiliates’ websites, mobile properties and related applications (collectively, “this website") as well by off line re-sellers. 
• These Terms of Use & Conditions (Agreement) will be applied fully and affect to Your use of this Website. Please read this Terms of Use & Conditions (Agreement) carefully. It contains informations regarding Your legal rights and limitations on them as well a section about applicable law and jurisdiction of disputes. 
• You confirm herewith that you have read and understood its terms. You must not use this Website or make bookings if you disagree with any of these Website Standard Terms of Use and Conditions. 
• We may change or modify this Terms of Use & Conditions (Agreement) in the future and You agree that Your continued access or use of this Website after such changes signifies Your acceptance of the updated (modified) Terms of Use & Conditions (Agreement). We will note the date that revisions were last made to the Terms of Use & Conditions (Agreement) at the top of this page, and any revisions will take effect after posting. 

2. Use of this Website & our Services

• As a condition of Your use of this Website, You confirm that all informations supplied by You on this Website are true, current and complete. 
• After You have created Your Account, you will safeguard information at Your Account and will be fully responsible for any use of Your Account by anyone else. 
• People below 18 years old are not allowed to use this Website. You use this Website to learn and book the Products. 
• You agree not to use this Website to make any false or fraud requests. 
• You further warrant that You have full authority to enter into this Agreement and doing so will not violate any other agreement to which You are a party. 
• We retain the right to deny access to anyone to this Website and the services we offer at any time and for any reason. 
• You therefore access & use this Website at Your own risk. We have not any liability to You or others for any unauthorized transactions made misusing your password or Account. Using our Website or sending e-mails, text messages and other communications from Your computer or mobile device to us, You are communicating with us electronically and agree that we may communicate with You in a variety of ways: by e-mail, by posting notices and messages on the Website, by phone etc. You may unsubscribe from e-mail communications at anytime.

3. Privacy Policy, Cookie Consent, Disclosures, Prohibited Activities

• Please click to review our current Privacy Policy and Cookie Consent. We may disclose information about You to third parties if it is necessary for providing services or upon court orders. 
• The content and information on this Website (including, but not limited to messages, data, informations, texts, musics, sounds, photos, graphics, videos, maps, icons, softwares, codes etc) as well as the infrastructure used to provide such content and information is proprietary to our company. 
• You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer, sell or re-sell any information, content, software, products or services obtained from or through this Website. 
• Any other use of our content requires our prior written permission. You agree as well that You will not Yourself and will not assist or enable others to use this Website or its contents for any commercial or unlawful purpose.

4. User Accounts & Communication Ways

• You need to create an Account and provide information about yourself in order to use the features on this Website. 
• You are responsible for maintaining the confidentiality of your account password & login. You are also responsable for all activities occurring referred to Your account. You agree to notify us immediately of any unauthorized use of Your Account. 
• We reserve the right to close Your Account at any time for any or no reason. You may terminate Your Account any time by closing of it and stopping Your use of all parts of this Website. If you close Your Account, we may continue to display Your previously published Content and are under no obligation to remove it.

5. Content of this Website

• You and other users of this Website can contribute to this Website in a number of different ways, including sending emails, writing reviews, making postings, uploading photos & videos, making comments, filling out public profiles, rating other users' contributions and making other similar contributions or submissions to this Websites  (collectively, "content"). 
• We may use Your Content in a number of different ways, including displaying it on the Website, reformatting it, translating it into other languages, editing it for clarity and grammar, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites, mobile properties, applications and media platforms. 
• Be aware that by submitting Content, You give us and our affiliates a worldwide, nonexclusive, royalty-free, transferable, irrevocable and fully right: to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, for any purpose and to use the name that you submit in connection with such Content. 
• You acknowledge that we may provide attribution of Your comments or reviews at our discretion. You agree that Content is non-confidential and non-proprietary. You have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our licensees, successors and assigns. You are not entitled to any compensation for advertisements on our Websites. 
• You alone are responsible for Your Content. You represent that you are the owner or You have the necessary permissions to use and authorize the use of your Content as described above. 

6. Products, Booking, Modifications 

• No fees are charged for an existing booking of an Experience (except of multi day Experiences - see below), as long as the request is received by us more than 72 hours ahead of Your confirmed travel date.
• It is not possible to change or modify a special event, theater or show ticket. Sales of these tickets are final and cannot be amended once your original purchase is confirmed.
• We cannot guarantee the success of any date-change request.
• If you request a date change within three 72 hours or less of your confirmed Experience (except of multi day Experiences), we will attempt to honor your request; however changes made 72 hours or less from your original travel date may be subject to an additional fee, unless otherwise specified. Some products are marked with 24 hours free cancellation policy.
• For multi-day and overnight tours, date changes made within 14 days of your confirmed travel date may also be subject to additional fees according to the confirmed charges of 3-d party suppliers (hotels, transfer companies etc).
• If you make a purchase using our promotion code or if you accept a discount or special-offer price during the checkout process, you may invalidate your discount or special-offer price by making any changes or amendments to your itinerary once your purchase is complete.
• Changes to tour dates, prices, inclusions, coverage, age requirements, and other Product features and/or requirements are possible. 
• We reserve the right to cancel, change or substitute any service, tour, ticket or product that you have booked at this Website, at any time, for any reason. In such cases, if you are dissatisfied with the alternatives offered, you are entitled to a full refund of the original purchase price.

7. Pricing, Payments & Cancellations

• Prices listed on this Website are per person, unless otherwise specified. 
• Price quotations are subject to change without notice until a booking has been compleeted or confirmed. 
• Prices do not include gratuities to drivers or local guides, passport and visa fees, baggage and personal insurance, any items of a personal nature, taxes or duties, any beverages or food not specifically listed under "Inclusions" on the product pages of the Website.
• We accept online payments on our websites - Methods of Payment. There is no charge or service fee for processing credit or debit card payments or bank transfer as well. Full payment by credit or debit card is required to make a reservation if not, unless otherwise specified. Some products are marked as available with 20% to 50% prepayment and full payment before travel date. 
• No refunds are available once a tour or service has started, or in respect of any package, accommodation, meals or any other services utilized.
• If You wish to cancel a reservation made via the Website, the supplier's cancellation policy contained in the applicable product listing will apply to. When canceling a booking, you will be notified via email or telephone of the total refund amount you will receive, if any.
• The standard cancellation policy is: a 100% refund for cancellations made at least 72 hours in advance of the start date of the Experience (except of multi day and overnight products), Cancellations made within 72 hours of the start date of the experience will receive no refund.
• Cancellation policies of each supplier / product may vary from the standard and you must check the supplier's cancellation policy contained in the applicable product listing at the time of your booking, which is the policy that will apply to the terms of your cancellation and  refunds.

8. Vouchers, Gift Certificates & Promo codes

• You will receive a personalized voucher ("voucher") for each tour or service booked. 
• You will find your Voucher(s) at Your Account on this Website. 
• If you make a purchase using a gift certificate ("gift certificate") or promo code, we don t require that you present the Gift Certificate used to purchase your tour, ticket or package at the time of redemption. Gift Certificates and Promo codes are not redeemable for cash. We reserve the right to cancel Gift Certificates or Promo codes obtained fraudulently. Our Gift Certificates are valid for three (3) years from the date of initial purchase, or as required by local law. Gift Certificates remain valid until the entire value has been utilized or the expiry date has passed, subject to relevant local laws. If the value of the items you book is greater than your Gift Certificate, you can pay the balance using an acceptable credit or debit card. If the value is less than your Gift Certificate, we'll store the balance in our database for you to use on another occasion.

9. Passports, Visas & Insurance

• When you book international reservations with third-party suppliers using this Website, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order. For passport and visa requirements, please consult the relevant embassy or consulate for information. Requirements may change at any time, be sure to check for up-to-date information before booking and departure. 
• We accept no liability for travelers who are refused entry to a flight or into any country because of the traveler’s failure to carry the travel documents required by any airline, authority, or country, including countries the traveler may just be passing through to his or her destination. 
• We recommend that you verify health and visa requirements with the appropriate consulate prior to departure.
• It is also your responsibility to consult your physician before you travel internationally and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip. 
• We recommend that you purchase a comprehensive travel insurance policy prior to departure to protect your Product purchase.
•  If you cancel your trip after travel dates, your travel insurance policy may reimburse the cost of cancellation fees and related expenses. Please review your travel insurance policy carefully for related terms and conditions.
• Although most travel to international destinations is completed without incident, travel to certain destinations may involve greater risk than others. We ask You kindly to investigate and review travel prohibitions, warnings, announcements and advisories issued by Your country government.
• By listing information relevant to travel to particular international destinations, we are not liable for damages or losses that may result from travel to such destinations.

10. Liability of Both Sides

• This section limits our liability to you for issues that may arise in connection with your use of this website. The information, content, software, products, and services published on this website may include inaccuracies or errors, including reservation availability and pricing errors. We disclaim all warranties and conditions that this website, its servers or any email sent from us are free of viruses or other harmful components. 
• The third-party suppliers and private tour guides providing products or other services on this website are independent contractors and not agents or employees of our company. We are not liable for the acts, errors, omissions, representations, warranties, breaches, negligence or misconduct of any such suppliers or private tour guides or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from your booking of a product or service or your use of a product or service.
• We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.
• The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.
• You agree to defend and indemnify us as well our employees and agents from and against any claims, causes of action, demands, suits, proceedings, investigations, losses, damages, fines, penalties, fees, expenses, costs and any other liabilities of any kind or nature including but not limited to reasonable legal and accounting fees, arising out of or related to:

11. Software & Links to Third Party Sites

• This Website may contain hyperlinks to websites operated by other parties. Such hyperlinks are provided for your reference only. We are not responsible for their contents or the privacy or other practices. 
• Unless otherwise specified, this Website is made available only to provide information regarding our services, websites, partners and other products. This Website is controlled and operated by our company using legal software. No software from this Website may be downloaded or otherwise exported. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("license agreement"). 
• You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. Please note that all Software, including, without limitation, all programming code etc on this Website is owned by us and/or by our affiliates, and is protected by copyright laws and international treaty provisions. 
• Any reproduction or redistribution of the Software is prohibited, and may result civil and criminal penalties. Copying or reproduction of the software to any other location for further reproduction or redistribution is prohibited.

12. Copyright and Trade mark Notices

• All contents of this Website and all rights reserved. All other product or service names or slogans displayed on this Website are registered and/or common law trademarks of us and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission.  
• All other trademarks, product names and company names or logos mentioned in this Website are the property of their respective owners. 
• Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation of us.

13. Entire Agreement

• These Terms and Conditions constitute the Entire Agreement between our company and you in relation to your use of this Website, and supersede all prior agreements, understandings, communications and proposals. 
• You agree that no joint venture, agency, partnership or employment relationship exists between you and our company and/or affiliates as a result of this Agreement or use of this Website. 
• Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Terms of Use & Conditions (Agreement) limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. 
• To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within three (3) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived. 
• If any part of this Terms of Use & Conditions (Agreement) is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect. 
• A printed version of this Terms & Conditions (Agreement) and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms & Conditions (Agreement) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
• Any rights not expressly granted herein are reserved.

14. Governing Law & Jurisdiction

• This Website is operated by a Latvian company and this Agreement is governed by the laws of the Republic of Latvia (European Community). You hereby consent to the exclusive jurisdiction and venue of courts in Riga. 
• You agree that all claims you may have against our company arising from or relating to this Website must be heard and resolved in a court of competent subject matter jurisdiction located in Riga, Latvia. 
• Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph.