Website Terms and Conditions
Last modified: May 24th 2018
Acceptance of the Terms and Conditions
Welcome to the website of Close to You Foundation (“WISE”, “WISE.TRAVEL”, “Social Enterprise”, “Fundatia Alaturi de Voi”, “We” or “us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms & Conditions "), govern your access to and use of wise.travel (the "Website") including any content, functionality, and services offered on or through the "Website".
This Website is offered and available to users who are 18 years of age or older and reside in any market in which WISE does business. By using this Website, you represent and warrant that you are of legal age to form a binding contract with our Social Enterprise and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms & Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
1. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
Please note: WISE may refuse to accept any account registration in its sole discretion.
You are responsible for:
· Making all arrangements necessary for you to have access to the Website.
· Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.
If you choose or are provided with a username to authenticate (your email address), password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you will logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
2. Intellectual Property Rights
The Website and its entire features and functionality are owned by Close to You Foundation and are protected by Romanian, European Union or international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All hotel details, including images, are provided by the hotel owners and are protected by copyright as well.
These Terms & Conditions permit you to use the Website and promote our project if you enjoy it. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website that is not truthful or following our terms & conditions.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and view those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non - commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
The Company name, the terms Close to You Foundation, WISE., WISE.TRAVEL, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
4. WISE Memberships
“Piggy Bank” – the funds you have available strictly from deposits, available at any time and for any travel services available at WISE (except flight tickets); All deposits can be used to also purchase travel services for non-members such as friends & family.
“Travel Points“ - credits available from our affiliate program;
“Highlights” – our team of travel agents negociates with hundreds of hotels to get discounts of up to 50% (compared to any on-line accommodation systems) to worldwide destinations. Also, any affordable accommodation offer, that is considered trully unique, will be included in this list. We call them "Highlights" and they only last for a limited time! General location is https://wise.travel/highlights, but these are also advertised on hotel engine checks (the first result, using a “Highlight” ribbon, and on our homepage.)
“Membership” - participation in the closed user group which entitles the Member to access all of the
Travel services offered from by Close to You Foundation through WISE.
“Website” – WISE, wise.travel or www.wise.travel
„Active member” – A new member becomes part of WISE after his acceptance by our company. Also, no registration is available unless you have read and accepted the Terms and Conditions.
If you would like to withdraw the amount available in your Piggy Bank, you need to have at least 200 EUR available in your Piggy Bank + Travel Points, and 10% will be held as a bank transfer and maintenance fee. Please note that you are obliged to pay taxes according to your national laws regarding profit, in the event of withdrawing money made from our WISE Community Program. We are not responsible for your actions and will collaborate with the authorities on this matter.
4.4 Membership termination
By activating your membership and providing us with your credit or debit card information during purchases, you hereby certify that the credit or debit card or eWallet account used to make payments is held in your name or that you are an authorized user of the card. You hereby authorize Close to You Foundation („Fundatia Alaturi de Voi”) and euPlatesc to charge your credit or debit card or eWallet accounts identified in your Application for each travel service aquired.
Termination by either party shall terminate your use of the WISE platform, both travel services available for purchase as well as cancellation of your WISE community and any Travel Points that could be awarded in the future from your community members. Access constraints to the Website will take place from the next scheduled payment charging date.
After the cancellation takes place, your account will be declared as „Closed Account” and cannot be reactivated.
If you cancel your Membership after booking a vacation or other travel services don’t worry, no effect will take place regarding your vacation. Just remember to save your fiscal invoices as well as all vouchers for the hotel reception, in order to ensure the best vacation experience.
5. Refundable or non-refundable reservations
In the WISE.travel platform, flight suggestions are inserted to facilitate identification of all components of a holiday. The purchase will be through our partners, with which each customer will work directly; WISE.travel is not involved or accountable for this service.
Upon request, by mail addressed directly to the team, WISE.travel will provide flights to any destination. Any purchased ticket is non-refundable and unchangeable and the available amounts in Piggy Bank or Travel Points cannot be used for this service. WISE.travel is only an intermediary between the passenger and the airline and is not responsible for possible delays, flight schedule changes, cancellations, damage or loss of baggage. The flight ticket is the contract between the passenger and the airline; any complaint will be addressed directly to the airline.
An emergency number will be available if a passenger who has purchased the flight service directly through WISE.travel needs assistance.
5. 1 Highlights
Please keep in mind all our highlights are non-refundable and no changes, including name changes, are permitted. Highlights can be paid entirely using funds available points from your Travel Points, Piggy Bank, Credit Card or mixed options of all of the above. All highlights are available based on an initial stock and the same price is maintained until the stock reaches 0. Please keep in mind you have 30 minutes to pay for a highlight, since the moment you have added it to your basket. After 30 minutes, the stock will be available to all members once again. Any WISE member can purchase a maximum of 2 (two) rooms for the same highlight. When published, these offers are usually at least 30% cheaper compared to the lowest competitive price found by our travel agents after comparing dozens of vendors or by negotiating directly with hotels. All fiscal invoices, including vouchers, are available in your account, on the “Bookings" tab. Once you booked and paid a Highlight, you will receive a confirmation on your e-mail. The accommodation voucher that has to be presented at the hotel reception will be sent in a separate e-mail by our travel agents in 48h – business days.
5.2 Custom highlights
All individual highlights have the option of custom price quotation (“Get custom quote” button). Here, any WISE member can request different intervals for the particular advertised hotel, extra nights or different room setups). An email will be sent to our travel agents and we will respond in a timely manner with a price quotation and stock, according to your request. A new highlight will be created, visible only for the member asking for a quotation, with a new personalized price.
In the event of an already existent highlight request, but on different dates/family structure/meal preferences etc, prices may suffer changes.
5.3 On request highlights
Some highlights, usually in exotic locations, have prices stated as starting “from X EURO” and no stock is guaranteed. If you are interested in such highlights, please use the “Book now” form for a personalized solution. The price shown was the one available at the moment our travel team completed the analysis of multiple vendors, and prices changes could occur.
5.4 Thematic highlights
In some cases, our travel agents will add thematic highlights in exotic areas with certain conditions needed for eligibility. For example, highlights with very good prices available exclusively for freshly married couples (Honeymoon highlights). In such cases, it is mandatory to bring proof such as marriage certificate at the hotel reception, in order to avoid additional charges. The marriage certificate must not be older than 6 months prior to your check-in. In all cases that imply extra eligibility conditions, the highlight description will have additional notices to ensure a worry-free trip.
5.5 Hotel search engine
Our technical team is constantly integrating more and more wholesalers in WISE, in order to provide better prices for accommodations worldwide. These are available by using the “Hotels” tab on our homepage or by accessing https://wise.travel/properties. Please note results include both refundable and non-refundable options and a money back guarantee is available based on the disclaimer posted on all individual hotel pages. Any WISE member can purchase a maximum of 4 (five) rooms from the same hotel using funds available in the Piggy Bank, Travel Points (mixed) and/or Credit Card. When travelling as a group, in order to guarantee the same price for all rooms, as well as enough availability, please use the advanced search (+ROOM).
5.6 Refundable bookings
With certain hotels, you may be presented with the option to pay online by using the options presented above or pay later, by choosing the “Refundable” option. Please remember to pay the booking as deadline approaches, or we will cancel it automatically. Emails will be sent to remember you of such unpaid bookings in order to ensure your satisfaction.
The voucher needed at the hotel reception will become visible and will also be sent by email when the booking is entirely paid. Strictly for the “Refundable” bookings, you may cancel your hotel reservation with no extra fees. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by the hotel prior to your date of arrival, we will automatically cancel it in order to avoid extra fees on your behalf.
5.7 Non-refundable bookings
Please note all “Highlights” are not refundable. When presented with the non-refundable option when purchasing an accommodation room from our hotel search engine, we will not be subjected to any compensation, no matter the reason. Please make sure to purchase a refundable booking, if you are unsure of your next vacation, as all fees paid for a non-refundable hotel will be kept by our wholesaler.
No matter if your hotel booking was refundable or non-refundable, in the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.
5.8 Prepaid hotel reservations
You acknowledge that WISE pre-negotiates certain room rates with hotel suppliers to facilitate the booking of highlights. You also acknowledge that WISE provides you services to facilitate such booking of reservations for a consideration (the "facilitation fee"). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by WISE and the facilitation fee retained by the Close to You Foundation for their services. You authorize WISE to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on the services. You agree that your credit card will be charged by WISE for total or partial fees. Partial reservation price is applied when using Travel Points. Upon submitting your reservation request you authorize WISE, including Netopia MobilPay, our payment gateway, to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers. Please note city taxes are not included in the accommodation prices and will be separately paid by the customers at the hotel’s reception by cash or credit card. The actual city tax varies from city to city and is usually posted on your booking voucher.
Please note all our booking services are either non-refundable (our highlights) or refundable and each detail page will mention the type of rules available for refunds in particular.
You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the Terms and Conditions imposed with respect to your prepaid hotel reservations.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
In the unlikely event of an already purchased tourist service (either through the platform or through a direct collaboration with the staff) that cannot be fulfilled, the clients will benefit from similar alternative without any additional cost. In the event of a hotel overbooking, due to the hoteliers' activity, before or during the holiday, we will offer an alternative hotel in the same area or close by, with the same or better service quality without any additional costs.
WISE.travel guarantees the type of the acquired room, but the room distribution strictly depends on the hotel's reception. We cannot guarantee the additional requests such as double/twin bed, extra bed for a child (if not specified), view preferences (if not specified), rooms next to each other, early check-in or late check-out or any other request the tourist has.
WISE.travel is not to be held responsible for the non-fulfilled obligations due to the cases of force majeure or events that cannot be prevented by either the staff or service providers (no show at check-in due to transport delays or changes, natural calamities, unpredictable circumstances), not related to the will of the one invoking them and the consequences that cannot be prevented despite all efforts.
All accommodation establishments, as well as means of transport, are classified by the local empowered bodies according to internal procedures and local legislation where existent, that differ from country to country and destination to destination. The WISE.travel clients must present at the hotel reception the valid identification documents (passport or national ID) along with the voucher received by e-mail or through the reservation systems.
The hotelier can request a cash deposit in the events of room/hotel damage, additional costs or mini-bar/restaurant/bar/SPA spendings. The tourist is responsible for the data filled into the WISE.travel platform: correct and complete names as stated in the ID, birth date etc.
5.9 Booking more than 4 rooms
You may not book reservations for more than 4 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 4 rooms in total or separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 5 or more rooms, you must contact our group travel specialists. One of our group travel specialists will research your request and contact you to complete your reservation. You may be asked to sign a written contract and/or pay a nonrefundable deposit.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by WISE for your hotel booking.
Members may take dependent children on vacations or highlights provided by WISE after paying the extra fees designated for each vacation. Dependent children are those children residing with their parent(s) or legal guardian(s), in school and 18 years of age or under. In addition, a child who is permanently disabled (no matter what age) and under the direct care of his or her parent(s) or legal guardian(s) is a dependent child. In the event of booking, for example, two double rooms as you are travelling with your husband/wife and two children, please book both rooms with Adult names (you and one child in the first room, your husband / wife and the other child in the second room). Never book all children in a different room, in order to avoid any check-in issues at the hotel reception.
6. Bank and credit card fees
WISE uses only the € (EURO) currency no matter the travel service provided and all chargebacks, withdraws, travel purchases and any other services affiliated to banks, in general, will be made in EURO.
Some banks and credit card companies impose fees for international transactions. If you are making a booking using other currency besides EURO, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, the foreign transaction fee may be assessed if the bank that issued your credit card includes various limitations. The currency exchange rate and the foreign transaction fee are determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
7. International travel
You agree that due to the inherently limited inventory in the travel industry, the availability of specific travel services or features such as room upgrade or amenities is not guaranteed and may be subject to limits on availability or price which may vary. You further agree that WISE will take every available opportunity to offer you the best possible price, but that prices may increase above the initially published price due to limited inventory availability. Booking terms and cancellation policies are applicable to each booking and may contain restrictions imposed by an Affiliate vendor such as minimum or maximum age requirements, travel insurance and visa requirements. It is your responsibility to ensure that you are able to comply with the booking terms including any such restriction or requirements before booking. WISE shall not be responsible for your failure to comply with such restrictions or requirements, where you have been advised of these on or prior to booking.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. WISE provides no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Disinfection: Although not common, most countries reserve the right to disinfect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinfection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm
Please note that in some cases, hotels from the countries such as the United Arab Emirates require a marriage certificate in order to book a man and a woman in the same room. Also, rules apply for two or more men or two or more women sharing the same room. Make sure to verify the hotel rules and further inform yourself regarding your travel destination to avoid any check-in issues at the hotel.
BY OFFERING ONLY RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, WISE DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVELING TO SUCH DESTINATIONS.
8. WISE Community Program – 10 tier Travel Points
WISE Community Program (“10 tier Travel Points”) is operated by Close to You Foundation (“WISE” or “Social Enterprise”). WISE members (“Member”) will be rewarded with Travel Points, which can be used as partial or complete payment toward purchasing WISE Products subject to these Terms and Conditions (“Agreement”).
Eligibility – All active membership, either held by individuals or companies, are eligible to earn Travel Points on a lifetime basis. No extra fees applied, no changes needed to an account.
Enrollment in the Program - New WISE Members must accept the “Terms and Conditions” to become part of the WISE travel club and make a one-time investment of €100 (one hundred euros). This investment is not refundable.
Close to You Foundation, owner of WISE, is a non-profit organization. Our mission is to provide affordable vacations to families around the globe by using a microfinancing system, inspired by Muhammad Yunus.
This not just allows better travelling solutions for you, but also provides incomes for your family that you could withdraw and use to create a new family business, provide better healthcare, ensure greater education, etc. The program is available for a lifetime and can also be donated as an inheritance to one of your family members in unfortunate cases that include death, accidents, etc.
WISE allows points from our WISE Community Program (“10 tier Travel Points”) to be redeemed for all travel-related goods and services on the Website. Your account is automatically enrolled in this program upon your one-time entry investment.
If you use any points available in the Travel Points on any services presented on WISE, these terms and conditions apply. To be eligible to use points on the Website, you must have an active WISE membership, you must be over 18 years or considered above the age of minority in your country, and your purchase must exceed minimum transaction value for the use of your points (if any).
• You are entitled to purchase any highlight or hotel by using solely Travel Points
• The equivalent of 1 Travel Point is €1 (one euro)
8.1 Deposits & Points Maturity
Amounts available in your Piggy Bank from prepaid deposits can be used at anytime for any travel service provided by our website. Travel Points also mature immediately and may be used instantly for any travel service provided. No limit or expiry applies.
8.2 Specific Rules for Travel Points
Travel Points may not be transferred, sold or gifted. These are subject to the same usage rules as the funds available in your Piggy Bank. WISE Products may be booked using a combination of Travel Points and other real or virtual currencies accepted by the Social Enterprise. One (1) Travel Point is worth one (1) EUR.
If the Member terminates their WISE membership or their membership becomes eligible to be terminated for any reason, the account holder will be notified first by email. If the Social Enterprise decides the account will be irreversibly closed, the member will be notified, and all Travel Points existing into his account will be converted in cash and available for withdrawal only.
If you enjoy WISE and recommend it to a friend using an invitation, you will receive, for lifetime based on all his travel purchases, between 2% and 4% as part of our affiliate program. These commisions are as follows: for highlight purchases you earn 2%, for anything else you will earn 4% from the total sales price. These commisions are credited as travel points and can be used as a discount for any of your travel purchases.
8.3 Redeeming Travel Points
For booking purchases, your points will deduct from your Account balance the amount available for a purchase. If the purchase is refundable, in the scenario where you decide to “Cancel” your vacation, we will automatically make the points available in your Travel Points again. No charges apply on our side.
If you are an Non profit organization, you may withdraw the bonus available in your Travel Points. WISE applies 10% as commission to ensure the sustainability of our project. The entire revenue made by WISE in general, no matter the travel services you purchase, is reinvested in social programs developed by us, Close to You Foundation, or our partners. For more information, including our activity reports for the past 16 years, please check www.alaturidevoi.ro/en
If you do not have enough points to complete an eligible purchase, you may use an eligible credit card associated with your Account to complete the transaction. Eligible cards are momentary: VISA & Mastercard.
8.4 Tracking Travel Points
Travel Points are tracked in your “Bank” area, available after login, and extended explanations are provided.
Members are responsible for ensuring that their direct Travel Points are properly credited. If a Member believes that Travel Points have been earned but not properly credited, the Member may be required to submit documentation or other proof satisfactory to the Social Enterprise. Any claim for uncredited Travel Points must be received by the Social Enterprise within 90 days after the Travel Points were earned.
The Social Enterprise reserves the right at any time to limit Program enrollment.
The Social Enterprise may discontinue a Member’s membership in the Program and void or cancel the Member’s entire Travel Points balance if the Terms and Conditions were not followed or if any Travel Points in the Member’s account were issued, received or redeemed through fraud or theft, hacking, exploits, SQL injections or otherwise illegally actions;
I an unlikely event, the Social Enterprise reserves the right, at its sole discretion, to suspend, change or terminate the WISE Affiliate Program, in whole or in part; to modify, limit or suspend the use of or redemption of Travel Points in any respect; to modify or change redemption procedures; to modify, limit or suspend the collection of Travel Points. The Social Enterprise may make these changes, but never make any changes that may affect the value of Travel Points already accumulated at any time.
The WISE Affiliate Program will start on April 24th, 2018, at 12:01 a.m. EET; Travel Points will be credited as accruing with effect from April 24th, 2018.
I an unlikely event, should the Social Enterprise elect to terminate the Program, all Travel Points that have accrued up to the date the Program is terminated will remain valid and can be used for thirty (30) days following the date the Program is terminated.
All questions or disputes regarding eligibility for the Program or the eligibility of Travel Points will be resolved by the Social Enterprise at its sole discretion.
The Social Enterprise reserves the right to audit any and all accounts at any time and without notice to the Member to ensure compliance with these Terms and Conditions. In the event that some audit reveals discrepancies or violations, the processing of Travel Points may be delayed until the discrepancies or violations are resolved satisfactorily to the Social Enterprise. Pending such resolution, Members may be prohibited from redeeming Travel Points as determined at the Social Enterprise’s sole discretion.
From time to time, WISE may offer special benefits to those Members who achieve certain milestones within the Program, such special benefits determined and provided at the sole discretion of the Social Enterprise.
Program notices: By becoming a part of the WISE Community, by having an active membership, you agree that the laws of Romania, without regard to its conflict of laws rules, will govern these Terms of Agreement, as well as your and our observance of them.
As a condition of participating in the WISE Community Program, you agree that:
(1) any and all disputes, claims, and causes of action arising out of or connected with this Program, or any Travel Points obtained through the Program, shall be resolved individually, without resort to any form of class action and exclusively by courts of Iasi, Romania, according to our company headquarter location.
(2) any and all claims, judgments, and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys' fees; and
(3) under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of you and our Social Enterprise in connection with the Program, shall be governed by, and construed in accordance with, the laws of Romania, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than Romania.
If you have any questions regarding the WISE Community Program, feel free to contact the Social Enterprise at contact[@]wise.travel.
9. Prohibited Uses of the Website
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
- In any way that violates any applicable local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the EU or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way, including human trafficking or by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Social Enterprise, a Social Enterprise employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Social Enterprise or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic devices, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise, attempt to interfere with the proper working of the Website.
10. User Contributions
The Website may contain message boards, chat rooms, personal profiles, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms and Conditions.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us with the right to use the materials on WISE. & for social media advertising purposes. You grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our service providers, and each of their and our respective licensees, successors and assigns.
- All of your User Contributions do and will comply with these Terms and Conditions.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Social Enterprise, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
10.1 Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Social Enterprise.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE SOCIAL ENTERPRISE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE SOCIAL ENTERPRISE/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we can not/do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10.2 Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable national, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
10.3 Copyright Infringement
If you believe that any User Contributions violate your copyright, please email us at privacy[@]wise.travel. It is the policy of the Social Enterprise to terminate the user accounts of repeat infringers.
11. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. While we do great efforts to ensure the best quality of all information provided, we do not warrant the accuracy, completeness or usefulness of this information, as most of the times, it is provided by the owners of hotels, villas or apartments. Any reliance you place on such information is strictly at your own risk, but please notify us if you find any discrepancies. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including testimonials and materials provided by other users, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Social Enterprise, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Social Enterprise. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11.1 Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up – to - date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
12. Information About You and Your Visits to the Website
12.1 Linking to the Website and Social Media Features
You may link to our homepage or other pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Feel free to tell others about WISE, but you must not establish an advertising campaign in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent, as part of our WISE Community Program policy.
This Website may provide certain social media features that enable you to:
- Share our pages, including Highlight, Activities, Group travel offers or third-party Hotels.
- Synchronize certain information from your Facebook account such as travel locations or profile picture
- Send messages/e-mails or other communications with certain content, or links to certain friends
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you, except Social Media accounts.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any site a with bad reputation, malware or recognized for black hat SEO techniques or other illegal activities.
- Take any action implying any materials on this Website that is inconsistent with any other provision of these Terms and Conditions.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms and Conditions, as well as European legislation and laws.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
12.2 Links from the Website
In rare cases, the Website may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
13. Disclaimer of Warranties
While security is our top priority, you understand that we cannot and do not fully guarantee or warrant that the visual content available from third party service providers or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints on your device, to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining all means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL – OF - SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an "As is" and "As available" basis, without any warranties of any kind, either express or implied. Neither the social enterprise nor any person associated with the social enterprise makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website.
Without limiting the foregoing, neither the social enterprise nor anyone associated with the social enterprise represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. The social enterprise hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non - infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
13.1 Limitation on Liability
In no event will the social enterprise, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
You agree to defend, indemnify and hold harmless the Social Enterprise, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website.
13.3 Governing Law and Jurisdiction
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non - contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Romania. Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in Romania, Iasi county courts, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to a venue in such courts.
13.4 Limitation on Time to File Claims
Any cause of action or claim you may have to arise out of or relating to these terms and conditions or the website must be commenced within 6 months (six) after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
13.5 Waiver and Severability
No waiver of by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Social Enterprise to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
14. Entire Agreement
Your Comments and Concerns
This website is the property of Close to You Foundation with its registered office in Bazinelor Street, no. 5, Uricani village, Miroslava locality, Iasi county; fiscal code 14545164 – RO 26598731 – VAT, registered at position no. 9/F/11.03.2005 with the Foundation and Association Register. For further information visit www.alaturidevoi.ro/en
All notices of Terms and Conditions infringement claims should be sent to privacy[@]wise.travel. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to feedback[@]wise.travel
Thank you for visiting WISE.