Terms of Service


This document been drawn up to inform users of the terms of use for www.ollami.com.

Any person browsing on the website is considered a user, even if they are not logged on.

By accessing and using ollami.com, you agree to fully comply with the Terms of Use described below.

It should be noted that OLLAMI reserves the right to change the terms, conditions and notices of these Terms of Use at any time.

It is therefore recommended that the User regularly consults the latest version of the Terms of Use and any notices available on the Website.
Preamble

OLLAMI puts travellers in touch with local travel agencies (commonly referred to as "incoming" agencies which are independent local tourism agencies in the countries of destination) which develop tours and sell their services.

"You": visitor, user, or member of www.ollami.com

"www.ollami.com" or "Website": all content and pages which the User or Member have access to on www.ollami.com, namely information, local travel agency directory, and contact platform.

"Service": all services, features, and applications available on the website provided by OLLAMI. The services provided by OLLAMI include all URLs including the OLLAMI trademark (the "OLLAMI Website"), OLLAMI messaging services (including personal messaging and email services), referral information services, fact sheets, communications and other content, features, or applications relating to OLLAMI' activities which are regularly proposed by OLLAMI (collectively, "OLLAMI services").

"Visitor" means any person visiting the Website occasionally, not registered as a Member with access to the content of the Website including excerpts from the Newsletter available online, advertising and promotional banners for OLLAMI services.

"User": all website users in any capacity whatsoever whether occasional or regular as well as individual or professional members registered on the website.

"Member": any capable adult who has read and accepted these Terms of Use and the privacy policy who is registered and has given a username and password as well as some other additional information to access features reserved for Members. Access to some Services, particularly for partners and professionals, are also subject to the full acceptance of specific terms proposed in a contract prior to any provision of such Services.

"Local Consultant" or "local agent" or "local guide": incoming local agency that organises tours and cashes payments.

"Account": the individual account created by each Member when they register on the website.

"Username": Login and Password allowing a Member to be identified on the website and giving them access to areas reserved for Members.

"Login": name, first name, username, or email address selected by the user as data enabling Members to identify themselves.

"Password": confidential information to be kept secret by the Member which allows them, together with their Username, to prove their identity and access their personal space.

"Personal space": space containing personal data and information of a specific Member accessible via "My account" and including records of tours, experiences, and comments of the OLLAMI Member.

"Content": content of any kind saved on www.ollami.com by a Member.

"Terms of Use" or General Terms of Use": these Terms of Use for www.ollami.com.

Article 1 - Purpose of the Terms of Use

These Terms of Use have been drawn up to inform the users of www.ollami.com of the conditions of use thereof, including the use of our directory of incoming travel agencies called "Local Agents". Any person browsing on the website is considered a user, even if they are not logged on.

Article 2 - Acceptance of the Terms of Use

By accessing and using OLLAMI' website, you agree to fully comply with the Terms of Use described below.

It should be noted that OLLAMI reserves the right to change the terms, conditions, and notices of these Terms of Use at any time.

It is therefore recommended that the User regularly consults the latest version of the Terms of Use on the website.

ALL USE OF THE ONLINE SERVICES PROVIDED IS SUBJECT TO THESE TERMS OF USE. PLEASE READ THEM CAREFULLY BEFORE USING THIS WEBSITE OR REGISTERING ONLINE. IF YOU DO NOT AGREE TO OLLAMI' TERMS OF USE, DO NOT USE THIS WEBSITE. ANY USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE WITHOUT RESERVATIONS OF THE ONLINE TERMS OF USE AND LEGAL NOTICES.

Article 3 - Description of OLLAMI services and products

www.ollami.com provides website users who wish to organise customised tour packages with the following services:

- advice and fact sheets
- information
- referrals to local agents
- a system to send contact details and information to selected contacts and partners
- information on and an offer for Repatriation Assistance including reimbursement of medical expenses
- information and sale of travel insurance relating to the tour purchased
- secure system to pay local agencies

Article 4 - Access to the website and OLLAMI services

WARRANTY DISCLAIMER
THE SERVICES, MATERIALS AND INFORMATION PROVIDED ON AND THROUGH THE SITE ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY.

4.1 Access configuration settings

As OLLAMI is offered online, you require internet access and the necessary equipment (computer, software, etc.) to access it and download or upload the necessary digital data. You must also create a Member account and login to place any orders. All telephone connection and Internet access costs are borne by you. OLLAMI does not provide any material means, including telephone systems, terminal equipment, software or subscriptions, to connect to the website.

4.2 Website accessibility and technical operation

We undertake to take all appropriate measures to maintain www.ollami.com fully operational 24/7. However, we cannot guarantee continual and error-free operation of the website.

OLLAMI cannot be held liable for any unavailability, interruption, or malfunction of the website, including failure of its Internet service provider, its host, intrusion of third parties or an event of Force Majeure.

OLLAMI cannot be held liable for any inconvenience or damage arising from use of the Internet, such as the presence of computer viruses or spyware.

OLLAMI may suspend access for maintenance and upgrading or for any other reason, including technical reasons. OLLAMI may in no way be held liable for these interruptions and the consequences that might result for the user or any third party.

It should be noted that OLLAMI may terminate or modify the characteristics of these services at any time and without notice.

You accept the fact that, under no circumstances, may OLLAMI or its suppliers be held liable for any damages and/or consequential and/or direct and indirect damages of any kind whatsoever and/or arising from the use or inability to use www.ollami.com.


4.3 Refusal, suspension, or interruption of access

OLLAMI is free at any time to refuse, terminate, or suspend your access to all or part of the website or services, including for operational or maintenance reasons, to change, suspend, or remove the website and terminate its publication on the Internet without users being able to claim any compensation.


4.4 Free access to certain categories of services

OLLAMI provides visitors and users with open general information services meaning services that are provided free of charge without the need for you to login or create an account.

Article 5 – Request for Quotation

In order to be provided with referrals to local agencies and requests for quotations as well as the provision of a personal space, your prior identification and consent are essential and therefore require the submission of an online request for quotation to be granted membership.

Request for quotations are free. To become a Member of the Website and benefit from all the services offered by OLLAMI, you must fill out an online form and read and accept these Terms of Use.

Consideration of your request for a quotation is subject to certain conditions:

- You are an individual
- You are eighteen (18) or older or, if you are a minor, you have permission from your legal representative
- You are registering in a personal capacity and not on behalf of a third party
- You provide accurate, verifiable, complete, and up to date personal information
- Your email address must be personal, valid, and provided
- Your connections to the Account (times, country, Internet service provider, proxy bans) must correspond to normal use of a User Account

Article 6 - Referrals to local agencies

For us to be able to refer you to a local agency to plan your trip, you must, in order of priority:

1. Select a destination
2. Choose your local agent
3. Describe the travellers and our travel project
4. Specify your expectations in terms of accommodation, support, and pace of travel
5. Provide personal information allowing the selected local agent to contact you
6. Receive an email confirming form submission
7. Receive a personalised estimate directly from the selected local agent

Article 7 - Liabilities

LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OLLAMI'S LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

You agree to defend, hold harmless and indemnify OLLAMI from and against any and all losses, costs, expenses, damages or other liabilities incurred by OLLAMI from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against OLLAMI: (a) in connection with your use of the Services, including, without limitation, any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Travel Companies; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Travel Company. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

7.1 Liability relating to use of the service

You agree to use our services for personal and non-commercial use.

As a user of the website you accept that you log in and use the services offered at your own risk. We may not be held liable for any direct or indirect damages (financial losses, loss of profits, foreign exchange losses) that you or any third party might incur, party for any reason resulting from your connection to the website, the inability to access or connect to the Website, or non-operation or operation of the website.

In particular, damages that might arise from inaccurate content, errors, delays or interruptions in transmission, loss, disappearance, or alteration of data, viruses, whatever their origin, intrusion of others, and more generally the use of the website or the inability to use it are included.

7.2 Liability relating to the tour provided by the local agency

You agree to accept the General Terms and Conditions of Sale of each local agency as soon as you accept their quotation and/or make an initial payment.

You agree to comply with the rules set by the guide or any other representative of the local agency.

These rules are intended to ensure the smooth running of the programme and also concern safety.

The local agent will not be held liable for any activity you carry out that is not part of the tour programme.

7.3 Liability regarding content and intellectual property

You declare that you own all the details transmitted on OLLAMI. You may not use or transmit data and information that infringe the rights of others unless you have obtained their explicit consent. You are responsible for all content, data, documents, or information of any kind that you offer, use and/or post on our website.

You guarantee that the information transferred as part of updates does not infringe the rights of others. You also guarantee OLLAMI against all claims of any kind, including claims for damages that a third party could form due to the fraudulent use of personal data. You therefore assume all financial or other consequences resulting from the fraudulent use of data of any kind that you have uploaded to our site and you will indemnify OLLAMI in the event of any convictions and defence costs resulting from any such legal claims made by third parties.

Users that participate in discussion and commentaries are obligated in their entries to refrain from all abusive language, illegal content, pornography or crude language, to accept sole responsible for the content posted by them, and must ensure that the rights of the third party (namely trademark, creator, and personal rights) are not violated. The User ensures that ollami will not and cannot be held responsible for aformentioned actions caused by a third party.

7.4 Liability relating to viruses

We invite you to verify that the file uploaded or stored on the website does not contain a virus. You may not record or upload files that contain viruses or programmes that destroy data. You will be held liable for any breach of this provision.


7.5 Liability relating to insurance

As for all your travel, it is advisable to be insured during your trip abroad: assistance to people and reimbursement of medical expenses, insurance in the event of an accident, repatriation, baggage insurance, cancellation insurance and civil liability. It is your responsibility to check your insurance coverage and, if necessary, to take out a policy with your insurer or online on the OLLAMI website. For information, here is the information related to travel insurance: Information on travel insurance.

Article 8 - Liability of OLLAMI

You acknowledge that you and not OLLAMI are responsible for all electronic communications and content sent from your connection tool (computer, mobile, etc.) to the website and that you must use the Service in compliance with applicable laws.

Article 9 - Liability of local agencies

The customer must comply with the rules set by the guide or any other representative of the agency. These rules are intended to ensure the smooth running of the programme and also concern safety.

The local agent cannot be held liable for any activity of the customer that is not part of the tour programme.

The local agency undertakes to:

- send a personalised quotation or directly contact you within in 48 hours
- charge "direct" prices, that is to say, the same prices as those charged to local customers
- only use the email address and telephone number provided on the OLLAMI platform to contact you
- provide you with all the services mentioned in the tour itinerary
- inform OLLAMI when the local contact is not present regardless of the duration and is not able to be reactive.

The local agency is not liable for:

- forgotten personal belongings or loss or damage to them
- theft or damage to your personal belongings in hotels
- damaging consequences of an event of force majeure (weather, natural disasters, political problems, strikes)
- damage caused by other passengers or travellers
- consequences of delays, impediments, or cancellation of flights
- consequences of schedule or airport changes
- consequences of delays or impediments due to land transport
- consequences of delays, impediments, or cancellation of trains
- Your non-compliance with schedules

Please note that OLLAMI has selected local agents with extensive experience in organising tours and who usually, in the event of problems, take the most appropriate decisions and settle disputes amicably on a case by case basis. The local agent will always try to find alternatives.

Article 10 - Special provisions relating to services provided by the local agency

10.1 Cancellation

All cancellations must be made by letter, fax, or email directly to the local agent. The Customer will be charged cancellation fees based on local agent polices.

If the conditions provided in the Terms and Conditions of Sale of the local agency are different, the conditions of the local agency will apply. The amount of the cancellation fee will be deducted from the deposit paid by the customer when booking. If the traveller has paid using Ollami' secure payment platform, Ollami will credit them using the initial payment method (credit card, debit etc.). Each local agent is required to inform you of its terms, which will be those applied. In case you need additional support, please refer to Article 18 to contact Ollami.

It is the Customer's responsibility to notify the company providing their cancellation insurance coverage within the specified time to verify whether they are eligible for reimbursement of such cancellation fees. The cancellation insurance policy premium is never refundable.


10.2 Payment

All bookings become effective on receipt of the deposit.

For example, please find below some commonly applied conditions:

The deposit is represented by payment of 30% of the total tour price. The customer will pay the remaining 70% of the invoice amount 45 days before the departure date in accordance with the local agent's Terms and Conditions of Sale.

Each local agent is required to inform you of its terms and payment methods, which will be those applied.

Travellers will pay local agencies via the secure payment platform provided by Ollami.


10.3 Changes

Between the time the quotation is issued and your acceptance, accommodation availability can change. Changes can therefore be made and will be made following your consent.

10.4 Unused services

Any tour cut short or interrupted, or any land, river, sea, or air service not used for any reason will not result in any refund by the local agent.

It is the traveller's responsibility to take out insurance coverage that reimburses unused services.

10.5 Default of the local agency

OLLAMI is not responsible for the services provided by local agencies or their default (bankruptcy, death of executives, etc.). However, OLLAMI will make every effort to replace the services on similar standards to those that had previously been agreed with the defaulting local agency. If all or the balance of the tour is still outstanding, the Customer will pay these amounts to the replacement local agency.

Article 11 - Protection of personal data

You are solely responsible for the data you provide to OLLAMI and you confirm that the data provided on registration is complete and accurate.

You are hereby informed that the personal data marked as mandatory on the forms and collected as part of the services provided on www.ollami.com is necessary for the use thereof. This information is solely intended for OLLAMI and its contractual partners for the purposes of implementing these Terms and Conditions.

By sharing your experiences and photos of your tour on your return and accepting their publication on www.ollami.com, you also agree that this content is reused across all of OLLAMI' communication media.

Article 12 – Confidentiality of Data

The database of personal information constituted during the registration for OLLAMI services is confidential.

OLLAMI also guarantees the confidentiality of personal data collected (names, email addresses, and passwords) when registering for our services. Only addresses of users who have subscribed to our "partner deals" (by ticking the box "I agree to receiving offers from ollam.com partners") will be provided to third parties.

Non-personal statistical data (e.g. number of unique visitors, number of page views on average per user) is analysed by OLLAMI to learn about the habits of use of OLLAMI' website to improve editorial and community content and to inform advertisers or institutional advertisers on it.

The automatic identification of users with direct access to OLLAMI' discussion forums without needing to enter a username and password at each connection requires a cookie to be generated. Cookies attached to the newsletter's links are not nominative and are only used to record the number of clicks of each User.

External cookies relating to advertising are used to package advertising campaigns to avoid excessive repetition on OLLAMI' website.

Article 13 - Intellectual Property

OLLAMI holds all intellectual property rights (such as copyright, neighbouring rights, trademark rights, rights of database producers) relating to both the structure and all content (such as images, sound, videos, photographs, logos, trademarks, graphics, tools, software, documents, and any other data) on www.ollami.com.

Any reproduction, publication, transmission, use, or modification of all or part of the website and/or its content or purpose without OLLAMI' written permission is illegal.

You are liable for these illegal acts which may result in legal action against you including for infringement. Marks and logos of OLLAMI as well as the marks of its partners shown on the website are registered trademarks. Any total or partial reproduction of these trademarks and / or logos without OLLAMI' written permission is prohibited.

Any unauthorised reproduction of these trademarks, logos, and distinctive signs is an infringement of subject to criminal sanctions.

Similarly, OLLAMI is the producer of www.ollami.com's databases. Therefore, any extraction and/or reuse of the databases is prohibited.

The User hereby grants OLLAMI the nonexclusive, royalty free and not restricted by time or place right of use of the materials presented, to use as part of the service of OLLAMI. The right of use in its content shall be restricted to what is useful and necessary for the provision of service from OLLAMI.

Article 14 – Hyperlinks

OLLAMI cannot be held liable for links to other sites as it has no control over the content of these websites.

Accordingly, OLLAMI is not responsible for the content, advertising, products, services, or any other tool available on or from these websites or external sources that it has not verified or approved nor may it be held liable for any damages resulting from the use of these links.

Article 15 - Liability for content

OLLAMI and/or its partners provide all content (such as images, sound, videos, photographs, logos, trademarks, graphics, tools, software, documents, and all other data) without any kind of guarantee. Use of this Website is at your own risk. OLLAMI makes every effort to provide available online tools and/or reliable information and/or content. However, OLLAMI and/or its partners cannot guarantee the accuracy, completeness and/or timeliness of the information and/or content provided or the availability of these items and tools to Users.

Therefore, OLLAMI and/or its partners may not be held liable for the use of information and/or content provided and/or the tools available on this website.

Article 16 – Termination of services

16.1 We reserve the right to terminate your account at any time in the event of breach of the Terms of Use.

16.2 Without this constituting an obligation for us, we reserve the right to perform ad hoc control operations, unilaterally or at the request of a third party, to verify the user's compliance with all of the terms of this contract and the contract documents supplementing and/or amending it. These verifications can, where appropriate, lead to the suspension of the user's account and in this case we will ask the user to provide information on the failures found.

These verifications may also, if necessary, give us the right to terminate this contract in the event of misconduct by the user.

16.3 If you notice any misuse or infringements or for any complaint about the service, please contact our customer service by email at info@ollami.com.

Article 17 – Validity

If one or more provisions of these Terms of Use are or become invalid in whole or in part, the remaining provisions will not be affected in any way. Both contracting parties undertake to implement, if necessary, a new provision that, from an economic point of view, resembles the invalid provision as closely as possible.

Article 18 – Contact

OLLAMI invites you to inform it of any requests, omissions, errors or corrections of address by sending an e-mail to info@ollami.com.

Article 19 – Applicable law and competent courts

The Law of the state of Israel shall apply to these Terms and Conditions and all legal relations between OLLAMI and the user and local agent exclusively.

 

 


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