Customer terms and conditions
for customers of Travelia BV
Travelia BV Ootmarsumsestraat 56, 7573GM OLDENZAAL, Chamber of Commerce 88031624 Version: December 2024
Travelia BV is a provider of innovative technology for the travel industry. While Travelia BV strives to deliver high-quality services, reliability and up-to-date information are important factors. Travelia BV offers the mobile application Travelia, which is also available as various White Label variants. Such as but not limited to the Ilios Reizen app, etc. Where this text refers to the Travelia app (hereinafter 'Travelia'), it also refers to the different White Label variants. The use of Travelia is subject to a number of terms of use, which will be explained below. We kindly ask you to read these terms carefully.
The use of Travelia and the services that Travelia BV provides through its mobile application is expressly conditional on your acceptance of these terms of service. By using this application or making the application available to your customers (travelers), you acknowledge your agreement to these terms. If you do not fully or partially agree with these terms, you should not use the application or make it available to your customers. Please regularly check these terms on the site for any changes. Changes to these terms will be communicated to you via the Website or in another manner.
Definitions:
Travelia app: mobile applications, which are also available as white label. Among others under the name Ilios Reizen, etc.
Travelia webservice: website www.travelia-app.com through which Users can add content to the App.
Client: Travel agency organization, tour operator and tour operator represented by an administrator, who is a contracting partner of Travelia BV regarding Travelia webservice and app.
User: Person/travel advisors using the Travelia webservice on behalf of the Client.
Traveler: End user, the Traveler who has downloaded a Travelia app.
Service Provider: Partner of Travelia BV who provides services to Travelers via the Travelia app or about which Travelers are informed via the Travelia app.
Content: All data (excluding travel data) that is available within Travelia webservice, app, and the chat environment “Your Personal Assistant” or has been made available by Users and Service Providers.
Travel data: All data and information related to the trip and that has been provided by the Client or by a Service Provider on behalf of the client.
Your Personal Assistant: Chat module within the mobile application where the Traveler receives information and tips about the trip and the destination and can ask questions. There are different models, namely the Premium model and the AI model.
Tip Provider: Client who has submitted the tip via the Travelia webservice.
Client Owner: Client for whom the Traveler has made a booking for the trip.
Travelia: The Travelia app and the Travelia webservice together.
Travelia BV: Owner and provider of Travelia.
General:
Travelia is an application (app, Your Personal Assistant and web service) for smartphones that allows Travelers to plan a trip and buy or reserve local tours and attractions. Travelia is also an online platform where various suppliers/service providers offer their services. Travel information is provided by the Customer (Travel Organization, Tour Operator, Travel Agency, independent travel advisor, etc.) and is only shown within Travelia for informational purposes. At all times, the Travel information and information that is provided directly (or via email/post) by the Customer to the Traveler is leading and must be considered the most accurate and relevant.
If the Traveler makes a reservation or booking with a Service Provider using the Travelia app, he or she enters into a (contractually binding) relationship with the respective Service Provider. Travelia BV acts solely as a Platform between the Traveler and the Service Provider. We may send the information filled out by the Traveler regarding the reservation or booking to the respective Service Provider. The information we provide when offering our services is based on information that the Service Provider and User supply to us. The Service Provider and User are granted access to Travelia and are fully responsible for updating all rates and other information displayed in Travelia. We pay a great deal of attention and care in providing the travel information and our services, but we will not verify the information and cannot be held responsible for any errors, omissions, or inaccurate information whatsoever.
Travelia does not provide recommendations or approvals of the quality, service level, or classification of the services that are made available.
Property:
The intellectual property rights relating to Travelia and all Content are and remain with Travelia BV. The User and Service Provider must refrain from any action that infringes upon the intellectual property rights of Travelia BV, or that hinders or jeopardizes them.
The copyright and ownership of Travelia, including individual images, graphic material, logos, text, and formatting, as well as the composition of the Content placed in the Travelia app, belong to Travelia BV. Also, the Content added by the User and Service Provider within Travelia (such as reviews and tips) immediately and unconditionally becomes the property of Travelia BV. The User and Service Provider are responsible for ensuring that the entered data is freely available and does not infringe on the property or copyright rights of third parties.
The names of other companies and products mentioned in Travelia are trademarks of their respective owners. All trademarks, service marks, and logos in Travelia, whether owned by Travelia BV or others, are referred to herein as the "Trademarks." Unless otherwise stated in these terms, nothing in Travelia shall be interpreted as granting, by implication or otherwise, a license or right to use Content or Trademarks.
Travelia webservice (www.travelia-app.com):
My Travel Moments (www.mytravelmoments.com):
Within the Travelia app, the My Travel Moments application is integrated. When logging into the Travelia app, the Traveler must also accept the terms of My Travel Moments. These can be found at https://www.travlia.app/terms.
Your Personal Assistant:
Within the Travelia app, Your Personal Assistant is integrated. This chat module is optional within the mobile application. There are different models, namely: the premium model where the chat is integrated with external service providers (such as Travel with Zoey) who provide a premium service for answering chat messages. Additionally, we have an AI model where the chat is answered by a GenAI (Generative AI).
The premium model is provided by external service providers such as Travel with Zoey. For this, the customer first enters into an agreement with this service provider. The service provider has its own terms and conditions.
Communication:
Travelia BV is entitled to communicate directly with Users, service providers, and Travelers. Communication with Travelers will mainly take place via the app and the chat environment Your Personal Assistant within the app. The purpose of the communication is to enhance and improve the use of the app and the web service. Information about destinations, travel components, tips, and information from service providers affiliated with Travelia BV will also be communicated.
Travelia BV can send invitations at the request of the Client for installing the Travelia app. These invitations are sent by Travelia on behalf of the Client.
Customers are expected to actively promote the Travelia app to their Travelers. Travelia BV ensures that the app is available for free download in the app store and play store.
Travelia BV is entitled to remotely delete Your Personal Assistant or the entire booking in case of abuse or disrespectful use by the Traveler.
Financial - Revenues:
Any commissions on tips go to Travelia BV. Optionally, a Customer can use Your Personal Assistant; any proceeds from tips will then be split 70/30. 70% of the proceeds go to the Customer and 30% of the proceeds go to Travelia. Tip proceeds are settled quarterly with the relevant Customers and Service Providers. This only applies to bookings where Your Personal Assistant has been activated. Proceeds are only paid out if they have actually been received by Travelia BV. Travelia BV is entitled to offset proceeds against other paid services provided by Travelia BV to the Customer and service provider. Travelia is entitled to suspend the payment of proceeds until an amount of EUR 50.00 is reached. Travelia BV will only communicate financial proceeds with the relevant Customers and Service Providers and never with Users and Travelers.
Travelia BV has the ability to offer in-app purchases, which may aim to expand the functionality of the app.
All agreements made between Customers and Service Providers are always recorded and confirmed by Travelia. Agreements made outside of Travelia (kickbacks, additional direct compensation, etc.) are not allowed. Travelia BV is then entitled to directly exclude the Customer and Service Provider from Travelia and claim for lost income. Travelia BV is also entitled to take legal action against the Customer and Service Provider to demand compensation for damages.
Financial - Payments:
Travelia BV will annually or quarterly invoice the costs incurred in advance. There is a maximum number of bookings per subscription tier. To determine whether more than the maximum number of bookings of the contracted subscription tier have been processed, the number of received unique bookings per subscription year is counted. This subscription year starts at the beginning of the subscription and lasts for 1 year, after which each year on the same date the next subscription year starts.
For the pro version Customers, the maximum number of bookings per subscription year is set at 1000 bookings per year per branch. Bookings above this maximum are charged an additional €2.50 per booking. For other versions, there is a minimum number of bookings per year set at 1500 bookings per year per organization. Bookings above the maximum of the contracted subscription tier will be charged retroactively at €2.50 per booking. This condition replaces any previously agreed compensation for bookings above the maximum contracted number.
For the use of Your Personal Assistant, depending on the contract concluded, an agreement is made directly with Travelia BV and therefore invoiced by Travelia BV, or in the case of the Premium supplier (such as Travel with Zoey), a direct agreement is made with this Premium supplier who will also directly invoice the relevant costs. Through an accepted quotation, the costs to be charged for Your Personal Assistant are agreed upon with Travelia BV.
Travelia BV reserves the right to deny access to the app and the Travelia web service in case of failure to meet financial obligations in a timely manner. In this case, Travelia BV is obliged to notify the Traveler regarding the restriction of access to the app.
Liability:
Travelia BV is never liable for any form of direct or indirect damage arising from or related to the installation (downloading) and/or use of Travelia, the Content, the Travel Data, or the inability to install or use these. Travelia BV is not liable for the loss of data provided by Customers, Users, and Service Providers.
Travelia BV is not liable for any (consequential) damage arising from the use of the app, the content, the use of Your Personal Assistant, or the reliance on the provided travel data, content, and other information. This applies, among other things, but is not limited to, damage resulting from business interruption, system/computer failures, loss of data, missing a flight, and lost profits, revenue, and travel enjoyment.
Travelia BV accepts no responsibility or liability for any information, communication, or material available on linked sites or content, or on any link on linked sites or content provided by third parties.
Travelia BV is not liable for (consequential) damage from purchases made by the traveler via the app or Your Personal Assistant, such as but not limited to injuries during an excursion or other services purchased via chat.
Customer and user indemnify Travelia BV against all claims from third parties, of any kind whatsoever, regarding compensation for damages, costs, or interest, related to or arising from any use that customer, user, and Traveler makes of the app and Your Personal Assistant.
In the event it is established in law that Travelia BV cannot invoke the limitation of liability as formulated above, the liability of Travelia BV, on any ground, towards Customer, User, Traveler, and Service Providers as a result of or in connection with the installation and/or use of Travelia is limited to an amount of EUR 50.00. Travelia BV is in no case liable for indirect damage suffered by Customer, User, Traveler, and Service Provider. This applies, among other things, but is not limited to damage resulting from business interruption, system/computer failures, loss of data, missing a flight, and lost profits, revenue, and travel enjoyment. Customer, User, and Service Provider indemnify Travelia BV against all claims from third parties, of any kind whatsoever, regarding compensation for damages, costs, or interest, related to or arising from any use that Customer, User, Traveler, and Service Provider makes of Travelia.
Software developed by Travelia BV is available via the operating systems Android and iOS. Travelia BV is in no case liable for the non-functioning, availability, and/or conditions changes of these operating systems. If changes result in the software no longer functioning, this does not entitle to a refund of billed amounts by Travelia BV.
Data:
Travelia uses location to determine relevant tips in the vicinity and for navigation of the journey from the current location. By installing the Travelia app, the Traveler consents to this use.
Location data comes from the Traveler's phone or tablet. The use of location data can be disabled in the settings menu of the smartphone or tablet.
The Customer can enter so-called tips into the Webservice. It is not allowed to enter non-generic information here such as links to commercial parties, personal phone numbers, etc. Among other things, with the aim of obtaining commissions outside of Travelia or generating brand awareness.
Travelia collects and processes data from the Traveler (including device and version information of Users of its mobile applications and, in certain cases, also other (personal) data such as questions and answers obtained through Your Personal Assistant for usage analyses and to improve services.
Travelia BV will not under any circumstances provide its data to third parties, unless a Premium contract has been concluded for Your Personal Assistant. We do not sell them either. Because we do not want to deny the Traveler a nice offer, we will pass on any attractive offers from partners we work with to the Traveler. Think for example of discounts on theater visits, excursions, or reading books. Travelia BV is legally obliged to cooperate if law enforcement agencies, such as the police or the FIOD, request data. Travelia BV will always carefully investigate the authority of the relevant law enforcement agency in these cases and ensures that procedural privacy safeguards are properly observed. Furthermore, Travelia BV shares data only with third parties to the extent necessary for the proper functioning of the application. A third party may not, in any way, gain access to the personal data of Customers, Users, Service Providers, and Travelers. Travelia BV makes its mobile applications and Webservice available with the utmost care for the benefit of Customers, Users, Service Providers, and Travelers. However, the effectiveness of Travelia BV and the quality of the advice also depend on the software used by Customers, Users, Service Providers, and the Traveler, the presence of (sufficient) GPS satellites, mobile data connection, and the data provided to us. Travelers may not derive any rights from the data mentioned on the mobile applications. The Customer, User, Service Provider, and Traveler are not permitted to modify, copy, damage, overload, hinder, disable, or obstruct the use and functioning of Travelia. Commercial use of (travel) data originating from and/or displayed in Travelia is not permitted unless prior permission has been obtained from Travelia BV.
(Travel) information:
Travelia BV will store the travel information provided by the Customer and keep it available for the technical operation of the app. However, Travelia BV will not retain the data longer than necessary for technical operation. Travelia BV is entitled to derive statistical information from the data provided.
During the booking by the Traveler within the app, data such as the email address is entered. This email address will never be made available to the Service Provider. Communication between the Service Provider and the Traveler always occurs through a temporary email address.
Cancellation
The subscription can be terminated annually after the initially agreed contract duration if it is communicated in writing to Travelia BV at least 1 month before the end of the subscription year.
Final provisions:
Nothing from the content of Travelia may be reproduced or published without the express written consent of Travelia BV.
Travelia BV is entitled to change these terms and will notify you of this. After the modification of these General terms and conditions, the old General terms and conditions will cease to exist.
Any disputes may only be submitted to the competent court in the Netherlands. Dutch law applies to your agreement with Travelia BV and these terms. For the detailed 'Privacy policy', we refer you to the Privacy policy at www.travelia.app/voorwaarden. This document outlines which personal data is processed for the Travelia app, for what purposes, and how Travelia BV and the participating partners handle personal data.
Attachment: Processor Agreement
Travelia BV Ootmarsumsestraat 56, 7573GM OLDENZAAL, KvK 88031624 Version: December 2024
Whereas:
Client wishes to have the Personal Data as described in Article 4, paragraph 1 AVG processed by the Processor (Travelia BV) for the purpose of executing the agreement concluded between the Client and Travelia BV (hereinafter collectively referred to as: ‘Agreement’);
The Processor, which processes personal data in the context of the execution of the Agreement with the Data Controller, is to be regarded as a processor in the sense of Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, “GDPR”) and the Data Controller as controller in the sense of the GDPR;
The Processor and the Data Controller, taking into account the obligations under the Data Protection Legislation, wish to document their rights and obligations in writing through this data processing agreement (hereinafter called: “Data Processing Agreement”);
The provisions of the Data Processing Agreement apply to all Processing in the execution of the Agreement;
Definitions:
The following terms have the following meaning in this Data Processing Agreement:
Authority Personal Data: supervisory authority as described in article 4, paragraph 21 GDPR.
GDPR: the General Data Protection Regulation.
Travelia app: mobile applications, which are also available as white label. Among other names, under Ilios Reizen, etc.
Travelia webservice: website www.travelia-app.com through which Users can add content to the App.
Client: Travel agency organization, tour operator and travel agency represented by an administrator, who is the contractual partner of Travelia BV regarding the Travelia webservice and app.
User: Person/travel advisors who use the Travelia webservice on behalf of the Client.
Traveler: End user, the Traveler who has downloaded a Travelia app.
Service provider: Partner of Travelia BV who provides services to Travelers via the Travelia app or about whom Travelers are informed via the Travelia app.
Content: All data (except for travel data) that is made available within the Travelia webservice and app and the chat environment “Your personal assistant” by Users and Service providers.
Tip provider: Client who has provided the tip via the Travelia webservice.
Client owner: Client for whom the Traveler has made a booking for the trip.
Travelia: The Travelia app and the Travelia webservice together.
Travelia BV: Owner and provider of Travelia.
Sub-processor: the party engaged by Travelia BV as Processor for the Processing of Personal Data in the context of this Data Processing Agreement and the General terms and conditions.
Data supplier: Processor of the travel data for Client which provides this travel data to Travelia BV for further processing.
General:
These processing terms apply to all processing of personal data carried out by Travelia BV in the context of delivering its products and services and to all agreements and offers. The applicability of processor agreements of the Client is explicitly denied.
The duration of the Processor Agreement is equal to the duration of the Agreement. The Processor Agreement ends when the Agreement ends and cannot be terminated separately from the Agreement.
The processing consists of making available to Travelia the data provided by the Data Supplier and entered and generated by the Client. Travelia BV will not add, modify, or delete any data without the Client having given specific instructions for this. Within Travelia, various types of personal data can be recorded. Travelia BV is aware that the Client can enter all these, and any personal data still to be created, and that Travelia BV will process this data. The Client is responsible for assessing whether the purpose and nature of the processing fit the services offered by Travelia BV.
Travelia BV collects data about the use of its products and services. This data helps Travelia BV gain insight into whether, how, and how often certain parts of Travelia are used. The data will be used solely to improve products and services. Travelia BV will never offer the collected user statistics to third parties.
Type of personal data:
The following personal data will be processed within Travelia:
Travel data: Travel information such as Email, Name, Gender, and other travel details provided by the customer or a service provider on behalf of the customer.
Reservations made: Reservation information such as Gender, Name, Phone number, Email, Number of adults, number of children, and ages of children.
Tips: Tip information such as email, address, location, phone number.
Chat: Information provided by the Traveler during the use of Your Personal Assistant, such as composition of the travel party, preferences, wishes, ages of participants, and chat messages.
Employee data: Customer employee data such as Name, Position, Email, Address, Phone number, Mobile phone number, Fax number, Website, Company name, Employee photo.
Company data: Customer data for the execution and invoicing of the Agreement, such as Name, Company name, Email, Address, Phone number.
Confidentiality obligation:
Categories Involved:
The individuals employed by Travelia BV or Subcontractors are the following employees:
The developers and IT specialists of the system
The helpdesk staff
Retention period:
Travelia BV will not retain Personal Data provided to it in the context of the Agreement longer than necessary for the execution of the Agreement; and to comply with all obligations imposed on it by Law or Regulations.
For the Personal Data processed for the correct functioning of Travelia, the following retention periods apply:
During the duration of the Agreement and 3 months.
Backups, error reports, and log files are retained for a maximum of 3 months.
Employees with access to Personal Data:
Developers and helpdesk staff of Travelia BV and any subcontractors (Subprocessors) have full access to the Personal Data for:
developing, testing, and installing Travelia;
providing support to customers;
making backups;
analyzing log files;
performing maintenance work to ensure Travelia functions well;
conducting analyses regarding the use of Travelia;
Security:
Travelia BV takes appropriate technical and organizational measures to permanently secure the personal data of the Customer against loss or any form of unlawful processing. These measures are deemed to provide an appropriate level of security within the meaning of the GDPR.
The Customer is entitled, in consultation with Travelia BV during the term of the agreement , to have an independent expert verify compliance with this, for example by conducting an audit. The Customer will bear all costs related to this verification, including any costs of Travelia BV or Sub-processors.
In implementing technical and organizational security measures, Travelia BV has taken into account the state of the technology, the implementation costs of the security measures, the nature, scope, and context of the processing, the purposes and intended use of Travelia, the processing risks, and the varying likelihood and severity of risks to the rights and freedoms of employees that he could reasonably expect given the intended use of Travelia.
All connections to the web application and through the API connections are made over an encrypted TLS connection.
Travelia uses a cloud provider for hosting and storing data: Amazon Web Services. This provider does not have direct access to the collected data, but data is stored on physical data carriers managed by this provider.
Liability and penalties:
The Client or Travelia BV is liable for direct damage resulting from non-compliance with or acting in violation of the provisions given by or under the GDPR and for non-compliance or acting in violation of this Data Processing Agreement or from liability for unlawful acts. Liability for consequential damage is excluded. Consequential damage includes, among other things, lost profits, missed income, fines, and reputational damage.
The liability for direct and indirect damage is limited to the total amount billed annually by Travelia BV to the Client under the Agreement.
A fine imposed on the Client in relation to the GDPR cannot be passed on to Travelia BV unless there is intent or conscious recklessness on the part of the management of Travelia BV.
Sub-processors:
The customer gives Travelia BV permission to engage other Sub-processors in the performance of the obligations arising from the Agreement.
Travelia BV uses various Sub-processors. The customer can obtain insight into the Sub-processors that Travelia BV has engaged upon request and may raise objections if necessary. Travelia BV will handle these objections at the management level.
Requests of the concerned party:
In the context of this Processor Agreement, the parties involved are Users and Travelers. The Customer is responsible for the data entered by the parties involved and is responsible for informing and assisting with the rights of the parties involved. Travelia BV will not respond to requests from the parties involved and will always refer to the Customer. Travelia BV will, as far as possible within the application, cooperate with the Customer so that they can meet their legal obligations in the event that a party involved exercises their rights under the GDPR or other applicable regulations regarding the processing of personal data. Travelia BV may pass on the costs for handling these requests to the Customer.
Investigation requests, Data Protection Impact Assessment (DPIA):
If Customer is required to do so, Travelia BV will, upon a reasonably given request, cooperate with a data protection impact assessment (DPIA) or a subsequent prior consultation as referred to in Articles 35 and 36 GDPR. Travelia BV has the right to charge the costs incurred in the context of the DPIA to Customer.
Customer and Travelia BV will consult as soon as possible about the results in the report. Customer and Travelia BV will follow up on the proposed improvements outlined in the report to the extent that can reasonably be expected of them. Travelia BV will implement the proposed improvements to the extent that these are deemed appropriate, taking into account the processing risks related to Travelia, the state of technology, implementation costs, the market in which it operates, and the intended use of Travelia.
Data breach notification obligation:
The GDPR requires that any data breaches be reported to the Dutch Data Protection Authority by the data controller (Customer) of the data. Travelia BV will therefore not make any reports to the Dutch Data Protection Authority itself. Of course, Travelia BV will inform the Customer accurately, promptly, and fully about relevant incidents, so that the Customer, as the data controller, can meet its legal obligations.
The Policy Rules for data breach reporting from the Dutch Data Protection Authority provide more information on this.
If the Customer makes a (preliminary) report to the Dutch Data Protection Authority and/or the data subject(s) about a data breach at Travelia BV, without having discussed this in advance with Travelia BV, the Customer is liable for all direct and indirect damages and costs suffered by Travelia BV. The Customer is also required to immediately revoke such a report.
Determination of data breach
For determining a data breach, Travelia BV uses the GDPR and the Policy Rules for data breach reporting as guidelines.
Notification to Customer
If it appears that there is a security incident or data breach at Travelia BV, Travelia BV will inform the Customer as soon as possible after Travelia BV becomes aware of the data breach.
Providing information
Travelia BV will try to provide the Customer with all the information necessary to make any report to the Dutch Data Protection Authority and/or the data subject(s).
Timing of informing
The GDPR stipulates that reporting must be done 'without delay.' According to the Dutch Data Protection Authority, this means without unnecessary delay and, where possible, not later than 72 hours after the responsible party becomes aware of it. If a security incident occurs, Travelia BV will inform the Customer as quickly as possible, but no later than 72 hours after Travelia BV has discovered it. The Customer must make its own assessment of whether the security incident falls under the term 'data breach' and whether a report needs to be made to the Dutch Data Protection Authority. The Customer has 72 hours to do so after the Customer has been informed of this.
Progress and measures
Travelia BV will keep the Customer informed about the progress and measures being taken. Travelia BV will make agreements about this with the primary contact person at the initial report. In any case, Travelia BV will keep the Customer informed in case of a change in the situation, the receipt of further information, and about the measures being taken.
Delete data:
Travelia BV will, after the end of the Agreement, remove all Customer and Traveler data if possible.
Coordinator Processor:
Contact person: Mr. R. Ter Laak
Phone number: 0541 – 70 02 41
Email: info@travelia.nl
