Terms and Conditions
These Terms of Use (“Terms”) are between you (“you” or Establishment) and Guide to the Philippines, Inc. (“GTTP,” “we,” “our,” or “us”) and controls your use of GTTP’s website www.guidetothephilippines.ph (“Site”).
By using the Site, you: a) acknowledge that you have read and understood these Terms; b) represent that you are of legal age and with authority to enter into a binding agreement; c) accept these Terms and agree to be bound by them. If you do not, or cannot, agree to these Terms, do not use the Site.
Changes to these Terms
We may revise or update these Terms from time to time. All changes are effective as soon as they are posted. Your continued use of the Site following the posting of revised Terms constitutes your acceptance and agreement to be bound by the revised Terms. These Terms are current as of the date listed at the top of the page.
Collection and Use of your Information
All information we collect through or in connection with this Site is subject to our Privacy Policy and you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Intellectual Property
All information, artwork, text, video, audio, media files, and images displayed on or contained within the Site (collectively, the “Content”) are the property of GTTP or its third-party licensors. GTTP, or its third-party licensors, as applicable, retain all right, title and interest in and to the Content and all intellectual property rights related thereto. You do not have, nor does your use of the Site give you, any ownership interest in the Content or the Site.
The Site and the Content are protected by applicable intellectual property and/or proprietary rights laws, which may include copyright, trademark, patent or trade secret rights. You may use the Site solely for your personal or internal business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell the Site or any Content.
All brands, names, logos, product and service names, designs and slogans incorporated into the Site (collectively the “GTTP Marks”) are owned by GTTP, its affiliates or its licensors. You may not use the GTTP Marks without GTTP’s prior written permission.
Links to Third-Party Sites
The Site may provide links to third-party websites or other websites of GTTP’s affiliates or related companies (“Unrelated Sites”). These links are provided solely as a convenience to you, and these Terms do not control the Unrelated Sites. Your access, reliance on and use of these links and any Unrelated Sites is entirely at your own risk and is subject to such Unrelated Sites’ terms and conditions. GTTP is not responsible for, and will not have any liability or responsibility to you, for the content on, or your use of, any third-party website. Our inclusion of hyperlinks to Unrelated Sites does not imply any endorsement of such sites or the material found on them.
Site Standards
You agree to comply with all applicable laws and regulations, local and international, when using the Site. Additionally, you may not, without our express written, prior permission: (a) access, monitor or copy any content or information on the Site using any robot, spider, scraper or other automated means or any manual process for any purpose; (b) violate the restrictions in any robot exclusion headers on Site or bypass or circumvent other measures employed to prevent or limit access to Site; (c) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (d) deep-link to any portion of Site for any purpose; or (e) “frame”, “mirror” or otherwise incorporate any part of the Site into any other website (each of the preceding, a “Prohibited Use”).
General Terms
1. Use of Website
GTTP allows the Establishment controlled access to the Site to support its business goals and objectives.
The Establishment will be provided with a unique user account and password to use and access the Site. The Establishment shall be responsible for all use of its user account and maintaining the confidentiality of all passwords and information. The Establishment shall immediately notify GTTP for any breach of security with respect to the password or to the use of the Site. The Establishment shall ensure that all persons who are given the authority to access the Site are aware of these Terms.
- The Establishments need to create an account to have access to the Site. Establishments shall be responsible for the use of their user account and in maintaining the confidentiality of all passwords and information.
- Please note that GTTP will only accept registration by licensed establishments. Any registration of Establishments operating without a valid license will not be accepted.
- By creating an account, the Establishment certifies and represents that it has secured all government permits, licenses, and clearances necessary for the performance of its services and shall fully and faithfully complied with applicable laws, rules and regulations
- It is acknowledged that upon misrepresentation or breach of this certification, representation and warranty, whether occurring prior to, during, or subsequent to the creation of an account, GTTP shall have the right to immediately cancel and terminate this Agreement and impose a penalty to the Establishment as will be advised by GTTP. The foregoing shall be without prejudice to the right of GTTP to institute any civil or criminal action in connection with such breach.
- Establishments agree to notify GTTP immediately of any unauthorized use of a registered account on the Site.
2. Grant of License and Right of Access
GTTP grants to the Establishment, by means of individual user accounts, a non-exclusive, non-transferable right to use the Site for as long as the Establishment participates to any of the programs of GTTP and continue to comply with these Terms.
The Establishment is entitled to use the Website for the purpose stated in these Terms of Use.
The Establishment’s right to use the Site shall automatically be terminated in the event of any material breach by the Establishment of these Terms, or the termination of the contract. The same rights apply to all sub-users under the Establishment’s account.
The Establishment shall not assign, sub-license or transfer any of its rights or obligations under these Terms of Use or otherwise allow any other party access to the Site without the prior written approval from GTTP.
3. Content
- By displaying or publishing (“posting”) any Content on or through the Site, you hereby irrevocably grant GTTP a non-exclusive, royalty-free, irrevocable, worldwide, license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, translate, such Content, including without limitation distributing part or all of such Content in any media formats through any media channels. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, privacy rights, publicity rights, contract rights, or any other intellectual or proprietary rights. You also irrevocably grant the Site's users (guests/customers) and the users of any other media the right to access your content in connection with their use of the Site and any other media.
- All content posted by an establishment on GTTP Site are property of GTTP.
- Establishment represents and warrants that Contents posted on the Site are, at all times, true, accurate and not misleading. Establishments are responsible for correct and up-to-date statement of their service. Establishments assume all risks associated with GTTP’s and the Users’ reliance on the Content’s accuracy, completeness or usefulness and any disclosure by establishments of information in their Content that makes establishments personally identifiable. GTTP cannot be held liable and establishments shall hold GTI harmless against the website’s users or any other, for inaccurate, erroneous information made available by them on the website.
- Establishments are responsible for updating and editing their own content, tours and products in general, along with making certain that all information is at all times up to date. Any errors appearing on the Site due to establishments not updating their information are the establishments' responsibility and matters will be addressed as if the stated information is correct.
- Establishments are expected to update their Content immediately upon the request of GTTP. GTTP reserves the right to remove, without prior notice, outdated Content or information.
- All product content posted on the Site must be in accordance to the GTTP Content Quality Guidelines. All new products must pass inspection and will not be visible on the Site until approved by the GTTP content team.
- If a product is disapproved, the Establishment will receive a message regarding the matter, and be able to see the issues blocking publication on their personal portal. After addressing the issues, a product can be sent in for reevaluation.
- GTTP may remove or reinstate Establishment Content from time to time at its sole discretion. GTTP has no obligation to retain or provide you with copies of your Content, nor does GTTP guarantee any confidentiality with respect to your Content.
- Establishments shall be liable for any content that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
- GTTP and its affiliates may display advertisements and other information adjacent to or included with all establishment content on the Site and other media. Establishments are not entitled to any compensation or payment for such advertisements or other use of your content. The manner, mode and extent of such advertising are subject to change without notice to the Establishment.
- Establishments agree to not specifically target the website’s users that have been obtained through the website, in neither online or offline marketing promotions or solicited or unsolicited mail.
4. Liabilities
- GTTP shall not be held liable for any accidents, losses, injuries, death, damages, delays, expenses due to any action or inaction of the Establishment. Establishments shall, therefore, compensate and hold GTTP harmless for and against any cost, claim, and liability held against it due to action or inactions that establishments are responsible for under these terms and conditions.
- GTTP is not responsible for the correctness and completeness of the information (including credit card details) and dates provided by the users and GTTP is not responsible for any payment obligation of the users relating to their reservation on the Site.
- Under no circumstances is GTTP, its agents or affiliates, liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the website regardless of the form of action.
- Conditions listed above also apply to all individuals registered as locals on the website. Anyone knowledgeable about the Philippines can maintain a blog in Contact a Local, provided they have a clean criminal record. Locals agree to blog and offer services under their own names and/or companies, and as such GTTP cannot be liable for any infringement of copyright, accidents, losses, injuries, death, damages, delays, expenses due to any action or inaction on their part, services or product.
5. Pricing & Best Price Guarantee
- All published rates and add-ons for day tours are commissionable by GTTP at twenty percent (20%).
- All published rates and add-ons for transfers are commissionable by GTTP at twenty-five percent (25%)
- All published rates and add-ons for car rentals are commissionable by GTTP at fifteen percent (15%)
- GTTP has a best price guarantee which means that no lower price can be found online for services (accommodation, tours & activities and/or rental cars) with the equivalent booking conditions. Establishments may, therefore, not offer your products and/or services on the Site for a higher price than elsewhere online, including their own homepage. If an establishment offers a service online at a lower price it shall immediately adjust the rates (prices) on the Site so the lower price will be available for the GTTP Site’s users. Establishments shall also settle the difference, between the booked rate and the lower rate, with a refund to GTTP.
- Prices listed on the Site and affiliated websites shall be listed as per person, unless otherwise specified, and the price shall include VAT and all other taxes and expenses. Establishments may not charge users for any other fees, extras or surcharges due to its purchase/reservation unless it is set out in the confirmed booking.
6. Bookings and establishment responsibilities to clients
- Establishments are solely responsible for managing the availability of their products. If availability is listed on the Site, establishments must honor bookings made based on listed availability.
- In case of overbooking, you are responsible for delivering the product booked without additional costs to the client. Establishments are responsible for contacting clients and addressing the issue personally.
- Establishments may contact GTTP main service desk to ask for assistance in replacing the booking, but any additional cost which may be incurred to replace shall be borne by the requesting establishment.
- Establishments are not allowed to cancel tours based on the inability to meet minimum passenger requirements.
- GTTP runs on an internal review system in which clients can rate establishments. Any establishment with an overall rating of less than four stars, such establishment shall be immediately subject to review by GTTP internal inspection team and may be subject to termination from the website.
- An establishment is fully responsible for any third-party service provider it contracts to provide its services or product. Should the third-party service provider fail to uphold its obligations, the establishment shall be responsible for any damages, complaints, or problems that might arise as a result of such default.
- If a tour is canceled due to dangerous weather conditions, natural disasters and/or other unforeseeable reasons, establishments will either reschedule the tour after conversing with client or, if client wishes, offer a full refund for tour not serviced.
- In case of an establishment cancellation, changes in booking by establishment, failure in pickups due to wrongful information listed on site, failure in assistance, delivery of rental vehicles or overbookings due to wrongful availability/fleet management, establishment will take full responsibility of his action, inactions or failures towards client.
7. Cancellation Policy
- The Site users are entitled to cancel their reservation and receive a refund in case of any of the following:
- Cancellation of day tours or Car Rentals: A user is entitled to a full refund if day tour and car rental are canceled more than twenty-four (24) hours before departure.
- Cancellation of Hotel Accommodations: A user is entitled to a full refund if online accommodation bookings are canceled forty-eight (48) hours before arrival.
- Cancellation of Multi-Day Tours and GTTP serviced packages: Multi-day tour is canceled more than thirty (30) days before departure. The user shall be entitled to a 70% refund.
- Please note that in cases where cancellation insurance has been purchased the website’s users can cancel such a product with 48 hours in advance before departure and receive a full refund.
- Cancellation due to weather: If the website’s user books a service and/or product from an establishment and the establishment or the users have to cancel due to weather conditions or any other circumstances the user shall always receive a full refund. In cases when an activity within a multi-day tour is canceled or alternative option offered from the original tour description, a partial refund is given in case of an alternative activity taken. If the client is not interested in the alternative activity, a full refund is given.
- Included in unforeseeable refundable cancellations are all Acts of God taking place on Philippine soil, e.g. if a super typhoon stops clients from getting to the Philippines, establishment will also have to issue a full refund.
- Establishments are not entitled to a refund from GTTP of its commission for any cancellation of service or product by the establishment due to circumstances under its control (e.g. overbooking, malfunction of equipment etc.).
8. Terms, Termination, and Amendments
- GTTP may terminate or suspend your account or ability to use the Site, in whole or in part, at its sole discretion, for any or no reason, and without notice or liability of any kind. Any such termination or suspension could prevent you from accessing your account, the Site, your content, Site content or any other related information.
- You may terminate this contract at any time by closing your account and discontinuing your use of any and all parts of the Site. If you close your account, GTTP may continue to display your previously published content and is under no obligation to remove any of your content.
9. Governing Law and Jurisdiction
This Agreement and any non-contractual obligations connected with it shall be governed by and construed in accordance with the laws of the Republic of the Philippines. Any and all actions arising under this Agreement shall be brought exclusively before the competent courts of Pasay City to the exclusion of all other courts.