Who we are and what these terms cover
TravelBrisk is travel-technology software operated by TravelBrisk Limited ("TravelBrisk", "we", "us"). These Terms of Service (the "Terms") are a binding agreement between TravelBrisk and the business that registers for or uses the platform (the "Agency", "you"). They apply to every product we provide under the TravelBrisk name, including the online booking storefront (OTA), the operations console (Orchestra), the partner and corporate portals (B2B and TMC), the credentials vault, the booking widget, the developer API and any add-on we release later (together, the "Platform").
By creating an account, paying an invoice, or using the Platform you accept these Terms, the Privacy Policy and the Refund Policy. If you do not agree, do not use the Platform.
Definitions
- Traveller — a person who searches, books or pays for travel through an Agency's storefront, portal or widget.
- Supplier — an airline, hotel, insurer, distribution system or other provider whose content or inventory is available through the Platform.
- Subscription — a paid plan for one or more products, billed for a period in advance.
- Staff User — any person you allow to sign in to the Platform under your account.
- Agency Data — content, configuration and personal data that you or your Travellers put into the Platform.
Eligibility
The Platform is offered to businesses only. By registering you confirm that you are a registered travel agency, tour operator, travel management company or a business acting in a similar capacity; that the person accepting these Terms has authority to bind you; that you are not barred from receiving the service under any applicable law or sanctions rule; and that the registration details you give us are accurate and kept up to date. We may ask for proof of registration, licences or identity before or after activating an account.
Accounts and staff users
- You are responsible for every action taken under your account and by your Staff Users, including bookings, refunds, wallet movements and configuration changes.
- Keep credentials confidential. Tell us at once at support@travelbrisk.com if you believe an account has been compromised.
- Roles and permissions inside the Platform are yours to assign; we are not responsible for what a Staff User does with the access you give them.
- Supplier credentials you store in the vault are yours. We store them encrypted and use them only to fulfil your requests.
The service
For as long as your Subscription is active we grant you a non-exclusive, non-transferable licence to use the Platform for your own travel business. What each product includes, and any limits (users, sub-agents, bookings, API calls), is set out on the plan you subscribe to. We improve the Platform continuously; a feature may change or be retired, and where a change materially reduces what you pay for we will tell you in advance.
We aim for the Platform to be available at all times, but we do not promise uninterrupted service. Maintenance, Supplier outages and events beyond our control can interrupt it. A service-level commitment applies only where it is written into a separate signed agreement.
Subscriptions and billing
- In advance. Subscriptions are invoiced and paid for each billing period before the period begins. Your first period starts when the invoice is paid and the account is provisioned.
- Renewal. A Subscription renews for the same period unless you cancel before the renewal date. We issue the renewal invoice ahead of the date and, where you have chosen wallet billing, draw the renewal from your agency wallet.
- Currency and taxes. Prices are quoted in the currency shown on the plan or invoice and exclude VAT, withholding and other taxes, which are added where they apply. Where a payment is collected by our merchant of record, its receipt will show the tax it collected.
- Late payment. If a renewal is not paid by its due date the product enters a grace period of 14 days (7 days if the same product lapsed within the previous 12 months). During grace the product keeps working and reminders are sent. When grace ends the product is locked until payment is received. A lock applies to the product that is unpaid, not to other products you have paid for.
- Price changes. We may change a plan's price with at least 30 days' notice; the new price applies from your next renewal.
- Wallet. Funds you add to your agency wallet are yours and are used for the purposes shown in the Platform. Wallet credits issued by us (for example on a downgrade) are not redeemable for cash.
- Add-ons. Sub-agent slots, custom integrations and other add-ons are billed with the plan they attach to and follow the same rules.
Fees on bookings and payment gateways
Travellers pay you, not us. Card and transfer payments on your storefront and portals are collected through payment-gateway accounts that you hold in your own name (or, where you use a platform-provided collection method, under the terms shown for that method inside the Platform). Gateway charges, chargebacks and the pass-through of gateway fees to Travellers are matters between you, your gateway and your Traveller. Where a TravelBrisk transaction fee applies to a plan it is stated on the plan.
Cancellation and refunds
You may cancel a Subscription at any time from the Platform or by emailing support. Cancellation stops the next renewal; you keep access until the end of the period you have paid for. Whether any payment is refundable is set out in the Refund Policy, which forms part of these Terms.
Your obligations to your travellers
You sell travel; we provide the software. You are responsible for:
- publishing your own booking terms, privacy notice and refund rules to Travellers and obtaining any consent the law requires;
- complying with consumer-protection, travel-industry, data-protection, tax and anti-money-laundering laws in every market you sell into;
- passing on Supplier fare rules, baggage rules, insurance policy wording and other conditions accurately;
- handling Traveller enquiries, changes, cancellations and refunds, including deciding and paying refunds that are due under Supplier rules or your own policy;
- the accuracy of prices, mark-ups, service charges and content you configure.
TravelBrisk is not a party to any booking made through the Platform and is not the seller, carrier, accommodation provider or insurer.
Suppliers and content
Availability, prices, schedules and rules come from Suppliers and change without notice. We pass them through as received and do not guarantee that a search result can still be booked at the price shown, that a booking will be ticketed or confirmed by the Supplier, or that Supplier content is complete or error-free. Your use of Supplier content is subject to that Supplier's terms, which you agree to observe. We may add, replace or remove Suppliers.
Acceptable use
You must not, and must not allow anyone to:
- use the Platform for fraud, money laundering, fictitious bookings or any unlawful purpose;
- access or attempt to access another agency's data, or probe, scan or test the security of the Platform without our written permission;
- scrape, harvest or bulk-export Supplier content, or resell or sublicense API access, except as a plan expressly allows;
- overload the Platform, circumvent rate limits, or interfere with its operation;
- upload malicious code, or content that is defamatory, infringing or otherwise unlawful;
- use the Platform to send unsolicited messages.
Data protection
How we handle personal data is described in the Privacy Policy. In short: for your account, staff and billing information we are the data controller. For the personal data of your Travellers we act as your processor — we process it only to provide the Platform and on your instructions, we apply appropriate security, we engage sub-processors (Suppliers, gateways, hosting, messaging) only as needed to provide the service, and we assist you with Traveller rights requests and breach notifications. You warrant that you have a lawful basis for the Traveller data you put into the Platform.
For 30 days after your account ends you may export your Agency Data from the Platform or ask us for a copy. After that we delete or anonymise it, except where the law or a Supplier obligation requires us to retain booking records for longer.
Intellectual property
The Platform, its software, design, documentation and trade marks are owned by TravelBrisk Limited or its licensors. Nothing in these Terms transfers them to you. Your Agency Data, your brand and your content remain yours; you grant us a licence to host, display and process them only as needed to provide the service. If you send us suggestions we may use them without obligation to you.
Confidentiality
Each of us will keep the other's non-public information confidential and use it only for the purposes of this agreement, except where disclosure is required by law. This does not apply to information that is public, already known to the recipient, or independently developed.
Warranties and disclaimers
We will provide the Platform with reasonable skill and care. Except as stated in these Terms, the Platform is provided "as is" and we disclaim all other warranties, express or implied, including fitness for a particular purpose and non-infringement, to the fullest extent the law allows. We do not warrant that the Platform will meet every requirement of your business or that Supplier content is accurate.
Limitation of liability
To the fullest extent permitted by law, neither party is liable to the other for indirect or consequential loss, loss of profit, revenue, goodwill or data, however arising. Our total liability to you under or in connection with these Terms in any 12-month period is limited to the fees you paid to us for the Platform in that period. Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for anything that cannot be limited by law.
Indemnity
You will indemnify TravelBrisk against claims, losses and costs arising from your bookings, your Travellers, your Agency Data, your breach of these Terms or of any law, or any act of your Staff Users — including claims by Travellers or Suppliers about a booking sold through your account.
Suspension and termination
- We may suspend an account or product immediately where payment is overdue beyond the grace period, where we reasonably believe the account is being used unlawfully or in breach of the acceptable-use rules, or where continued use would put the Platform, other agencies or Suppliers at risk.
- Either party may end this agreement for a material breach that is not fixed within 14 days of written notice.
- You may end it at any time by cancelling all Subscriptions.
- On termination your access ends, unpaid amounts become due, and the data-export window in the Data protection section applies. Sections on fees, data, intellectual property, confidentiality, liability, indemnity and governing law survive termination.
Changes to these terms
We may update these Terms. For material changes we will email the account owner and post the new version here at least 14 days before it takes effect; the effective date and version number at the top of this page tell you which version you are reading. Continued use of the Platform after the effective date is acceptance of the updated Terms.
Governing law and disputes
These Terms are governed by the laws of the Federal Republic of Nigeria. If a dispute arises, the parties will first try in good faith to resolve it by discussion between senior representatives within 30 days. Failing that, the courts of Lagos State, Nigeria have exclusive jurisdiction, without prejudice to either party's right to seek urgent injunctive relief in any competent court.
General
- These Terms, the Privacy Policy, the Refund Policy and the plan you subscribe to are the whole agreement between us and replace earlier versions.
- You may not assign this agreement without our consent; we may assign it to a successor of our business on notice to you.
- If any part of these Terms is unenforceable the rest continues to apply.
- Neither party is liable for delay caused by events beyond its reasonable control.
- Notices to us go to the address in the Contact section; notices to you go to the account owner's email address.
Contact and legal identity
Questions about this terms of service go to support@travelbrisk.com. For account or billing help, support@travelbrisk.com or +234 707 776 6007.
TravelBrisk Limited · RC 97155584th Floor, ANCE Building, Magazine Road, Jericho, Ibadan, Oyo State
Nigeria
www.travelbrisk.com