B. Definition of Terms
“hello.ph”, “us”, “we”, “our” the “Company” means Hello PH! Tourism Inc., corporation duly incorporated under the laws of the Philippines, with principal office at Cebu City, Philippines.
“Site” means the website on which the Service is made available.
“Service/s” means the reservation (including facilitation of payment) and booking of various products and services made available on the Site.
“Supplier” means the provider of accommodations, tours, and any other travel or related product or service that are made available from time to time on the Site.
C. Scope of Service
Through the Site, we provide a variety of travel-related products and services, particularly those related to diving, diving-related activities and tourism-related activities. The products or services are from different Suppliers. Each Supplier may have their own terms and conditions that may be applicable to your particular arrangements in addition to our general terms and conditions.
We are acting as an intermediary or Booking Agent for products and services that are not directly supplied by us. Neither are we co-selling such products or services. You will be entering into a separate contract with such Suppliers in connection with their respective products or services.
Although we use all available and reasonable means in performing our Services, we will not verify if, and cannot guarantee that, all information provided in the Site are accurate, complete, updated or correct, nor can we be held responsible for any errors, inaccurate, misleading or false information.
You are allowed to use the Site and the Services for personal and non-commercial use only. Except with our prior written authorization, you agree not to modify, copy, transport, resell, display, reproduce, publish, license any information, software, products, or services obtained from the Site. Unless expressly permitted, websites may not hyperlink to any page beyond the homepage of the Site or any page or material herein.
We reserve the right to refuse providing Services or block Users from the Site for whatever reason we deem valid.
If and when available, you will satisfy all your obligations, tax and other payments that may be required by your country or residence.
D. Responsibility of User
It shall be your sole responsibility to secure the applicable travel or dive insurance. The Company may assist you in acquiring travel or dive insurance. In case of such assistance, you agree that the Company will not be considered as an insurer or agent of the insurer, all matters pertaining to insurance shall be between the insurer and you.
The Company will not be held liable for any death, injury, damage or loss and any related costs thereto due to your refusal or failure to seek insurance coverage. You agree that the Company may refuse to continue any dive without dive insurance or without the execution of a waiver of liability.
You agree that you have the required minimum diving certification requirements and medical fitness to avail of and enjoy the Services provided in this Site.
Prices and rates presented in the Site are subject to change without prior notice. Prices after any such changes shall only apply to Users who book or purchase such services or products after the changes take effect.
F. Use of the Booking Platform
Only Members are given access to the Site’s booking platform for purposes of requesting a tour, and ordering a product or service. A User becomes a Member after signing up using an email address and password, or by linking their social media accounts as presented in the login and sign-up forms. The Company may require additional information if sign-up is done through linking of social media accounts.
A Member is directed to the portal that gives the member access to their transactions with the Company.
Through the use of the Site and its booking platform, you warrant that all provided information are true and are not in violation of any law in any jurisdiction. The Company reserves the right to verify the truthfulness, accuracy or authenticity of the submitted information during the member application and booking process. The Company further reserves the right to unilaterally remove membership privileges and/or cancel any booking that is inaccurate, false or if there is reasonable belief that the membership or booking may pose possible risk or danger to the public or may be in contravention of any law or rule. Any and all incidental costs that may be incurred due to incorrect input or false information will be for the sole account of the Member.
By using the booking platform, you agree to the Terms and Conditions and other policies for use of the Site.
During the booking procedure, the Member agrees that no further amendments may be made upon submission of the final booking request. The final booking request is not a binding agreement between the Member and the Company since the booking request is subject or conditioned on the availability of the services for the date/s requested.
The Member agrees that the indicated prices in the booking request may be modified or changed, including but not limited to increase in indicated or quoted price. The Member will be notified of such modification or change prior to or upon approval of the booking request and before payment.
Upon approval of the booking request, the Member will be notified of such approval. In the same communication, the Member is notified that he/she is given a period within which to complete payment for the booked services. Failure to settle the amount within the given period will result in automatic cancellation of the booking.
Upon confirmation by the Company of payment made pursuant to the notification in the prior paragraph, the Member will receive formal confirmation of the payment which will also include all the details of the booking. A confirmed booking request creates a binding contract between the Company and the Member. A confirmed booking request may be cancelled or modified, subject to applicable cancellation, rebooking, no-show, and other fees incidental to such cancellation or modification.
Specific booking requirements, notices, and other conditions may be provided during the booking procedure and the communications sent to the Member pursuant to any booking. Such requirements, notices, and other conditions are understood to be part of and supplemental to these Terms and Conditions.
In order to make a booking or purchase in the Site, you must be over 18 years old (or the age of majority in those countries where a different age is provided by law) and have the full legal capacity to make the transaction (or have the appropriate authorization from a legal guardian). You undertake that the payment facility you are using is your own and that you are authorized to complete the booking or purchase and that there are sufficient funds to cover the cost of the transaction. You accept full financial responsibility for all transactions made by you.
Payments may be made via available payment options indicated in the payment instructions. These may be include but not limited to online payment portals, bank or wire transfer, teller deposits at branches of the Company’s banks, or at the office. The member is responsible for any incidental processing or bank fees of their respective sending banks, receiving bank fees, or payment portal chosen, in regards to wire transfers, foreign exchange fees, and all other costs of sending payment.
Discounts and Promos
Discounts or promos for prices of tours may be given by the Company from time to time. Such discounts or promos will be confirmed and indicated on the total invoice bill of the Member. Discounts or promos that are not confirmed and indicated in the total invoice bill are not valid and will not be binding on the Company. The Company reserves the right to reverse, cancel, or nullify any discount or promo and charge the Member the full amount for any violation or non-compliance of any stipulation or condition for the availment and/or entitlement to the discount or promo price.
Refunds and Rebates
In the event the Company gives Refunds or Rebates, the Member will receive these upon their arrival to their Tour Destination in the Philippines. The Member may request to be given their Refund or Rebate before their arrival to their Tour Destination, but The member will be responsible for all fees related thereto, including but not limited to any incidental processing or bank fees of their respective sending banks, receiving bank fees, or payment portal chosen, in regards to wire transfers, foreign exchange fees, and all other costs of sending payment.
The Member should pay on or before the stipulated payment deadline when indicated. Failure to pay by the payment deadline will result in the cancellation of the booking request and all arrangements pertaining to the said booking request. Prices of a similar booking created after a cancellation of the original booking may change or the dates requested may no longer be available.
H. Blackout Dates and Destination Seasonality
The prices indicated in the site are not applicable during “super peak” dates of our Destinations. Prices are subject to change and you will be informed of additional charges, if any, depending on the days of your chosen package that may fall on these blackout dates.
I. Cancellation, Booking Modification, No-Show
By availing of the Services in the Site and making a booking or purchase therein, you accept and agree to the applicable cancellation, rebooking, modification and no-show policies of this Site and the respective Suppliers, as may be applicable.
All incidental fees, including but not limited to any and all fees that may be charged by the supplier under their respective policies and/or separate administrative fees of the Company, due to the cancellation, rebooking or modification of the booking shall be for the sole account of the Member.
For cancellations of Confirmed Booking Requests, any refund or crediting of all amounts paid by the Member shall depend on the policy of the Supplier. The same rule applies to no-shows or when you fail to arrive on the date stated on the Confirmed Booking Request.
J. Special Circumstances
We reserve the right to cancel or modify the itinerary due to acts of God or force majeure, weather, safety conditions, Transport Driver, Dive Master, and Boat Captain decisions, as may be applicable.
Any additional expenses that may be incurred due to above special circumstances, including but not limited to transfers, hotel bookings and rebookings, flight itinerary changes and related fees, all incidental expenses and other costs. As indicated in Section D, it is your sole responsibility to acquire the necessary travel and dive insurance, and it is strongly recommended that you do so.
K. Limitation of Liability; Disclaimer
To the extent permitted by law, the Company, including its officers, directors, employees, representatives, subsidiaries, affiliates or others involved in the creation and running of the Site, shall not be liable to any person or entity for (a) direct, indirect, incidental, actual, compensatory, exemplary, nominal or any damages, (ii) any inaccuracy relating to the information (including rates and availability) of the Supplier and their products or services posted in the Site, (iii) the services or products offered by any Supplier, (iv) any injury, death, property damage, other damages, loss or costs suffered, incurred or paid by you, whether due to the acts, errors, breaches, negligence, misconduct, omission, non-performance, misrepresentation, breach, or tort that is wholly or partly attributable to the Supplier or any of its business partners, employees, officers, directors, agents, representatives or affiliated companies, whose products or services are made available, offered or promoted through the Site, including cancellation, overbooking, strike, force majeure or any other event beyond our control.
You agree and acknowledge that the Supplier is at all times responsible for the collection, withholding, remittance and payment of all applicable taxes due on the total cost of the booking, reservation or purchase. We do not act as the merchant of record for any product or service made available on the Site.
The Company expressly disclaims any representation, warranty or undertaking in relation to the accuracy, completeness, quality, or adequacy of any posted material in the Site.
L. Intellectual Property Rights
Unless stated otherwise, the software required for our Services or available or used by our Site and the intellectual property rights of the contents and information of and material are owned by the Company, its suppliers or providers.
The mark ___________ is a registered trademark of the Company and/or its affiliated companies. The Company owns the copyright to the Site. You may not use the intellectual property of the Company without its express written consent.
You may use information from the Site for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
If any part of these Terms and Conditions is found to be invalid, the remaining parts shall remain valid and subsisting.
O. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Philippines, to the exclusion of all other jurisdictions. All disputes involving this Agreement and the use of the Site and its Services shall be exclusively resolved in the courts of the Philippines. Any claim or dispute arising out of or relating to this Agreement that results in a legal proceeding shall be decided exclusively by a court of competent jurisdiction in Cebu City, Philippines.
When you use the Site, the personal information you enter, which may include your name, address, phone number, e-mail address, or other information, is collected by the Company. As much as practicable, the Company will identify the purposes for collection of the personal information and properly handle the personal information within the scope necessary to achieve the relevant purpose. The Company will take allowable measures to prevent the use of personal information for any purpose other than that intended. The Company shall obtain personal information in a legal and appropriate manner. The Company will not provide personal information to any third party without prior consent of the relevant User. In managing personal information, the Company will endeavor to take all necessary and appropriate measures for the prevention of accidental or illegal leakage, loss, or damage. The Company shall make all efforts to keep you involved in the handling of your personal information and to maintain the contents as accurate and up-to-date as possible. However, the personal information will solely depend or be based on the data supplied by the User. In order to enhance personal information protection, the Company shall comply with national laws and ordinances, establish internal regulations, and continuously review and comply with such regulations.
The purposes of use of the personal information on the Site are listed below. The Company will not use the personal information for any purposes beyond the scope of the purposes of use except where specifically identified and disclosed to the User when the personal information is collected.
The Company may create statistical data based on, and by processing, the personal information received.
The Company may collect non-personal information about you, including but not limited to internet browser/s used or the website you may have linked to access the Site. You cannot be identified from this information and it will only be used to assist the Company in providing effective service of the Site.
The Company will not share personal information to any third party without obtaining User’s consent in principle. However, the Company may share your personal information with third parties contracted to carry out various services for the company, including web hosting, market and data analysis, advertising and promotion, payment processing, customer support, and other services. These third parties are contractually required to keep your personal information secure and confidential, and to use your personal information only as specified by the Company.
A User that is a member of the Site may at any time inspect, modify, add to, delete, or suspend the use of the personal information registered by himself/herself. In principle, only the User himself/herself may request for notification of “the Purpose of Use of Personal Information”. However, the Company may not agree to the disclosure of the personal information if any one of the following occurs:
The Company will not obtain Personal Information containing any of the following in principle, except for the information provided by a User himself/herself.