Terms and Conditions

1. Definitions

In these Terms:

1.1 Headings are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate.

1.2 Unless the context clearly indicates otherwise, the use of any gender includes the other genders, the singular includes the plural and vice versa, and natural persons include legal entities and vice versa.

1.3 The following terms shall have the meanings assigned to them hereunder:

• Accommodation Provider: means the provider or supplier of a hotel, hostel, serviced apartment, bed-and-breakfast, room for rent, resort, villa, or other place of accommodation or lodging;
• Activity Provider: means the provider or supplier of any tours, activities, experiences, and/or excursions;
• Additional Services: means any service related to your Booking provided by a Service Provider, including (without limitation) upgrades, incidental charges, additional luggage, priority seating, meals, mini-bar, dry cleaning and laundry, passenger information changes, rebooking, or cancellation. These services are determined by the Service Provider(s) and are not included in the Total Price, unless you add these services to your Booking during the Booking process;
• Applicable Law: means all relevant or applicable statutes, laws, principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgements, bye-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations;
• Booking: means the process of purchasing a selected hotel, flight, activity, car rental, package, or any combination thereof. A Booking is completed when we confirm that we have received and accepted your payment amounting to the Total Price and a Booking Confirmation is sent to you;
• Booking Confirmation: means any physical or digital document that is intended to confirm a Travel Product that has been arranged with a Service Provider based on your choices or instructions;
• Cancellation Fees: means any fees charged by us and/or the Service Provider in the event of cancellation of a Booking or any part of a Booking;
• Carrier: means the airline providing the service of carriage by air;
• Car Rental Provider: means the provider or supplier of vehicle rental services;
• Change Fees: means any fees charged by us and/or the Service Provider in the event of changes to a Booking or any part of a Booking;
• Compliance Requirements: means the process of identifying and verifying the identity of our customers, conducting customer and/or transaction due diligence or monitoring;
• Digital Asset or Cryptocurrency: means any digital representation of value or rights that uses cryptography for security, operates on a distributed ledger or similar technology, and can be transferred, stored, or traded digitally;
• Governing Law: means the laws of the British Virgin Islands;
• Mobile App: means the SimpelTravels mobile application available on iOS and/or Android;
• Payment Method: means any method of payment accepted by us, including Digital Assets or Cryptocurrencies, credit and debit cards, bank wire transfers, and other methods;
• Payment Processor: means any third-party payment service provider engaged by us to facilitate the processing of payments;
• Service Provider: means the Carrier, Accommodation Provider, Activity Provider, Car Rental Provider, or any other third party responsible for delivering the goods and/or service(s) purchased as part of a Booking;
• Services: means the Booking facilitation services provided by us on the Website, Mobile App, and/or via manual operations;
• SimpelTravels Token (or Utility Token): means the proprietary digital token issued or designated by SimpelTravels for rewards, loyalty benefits, discounts, or other utility purposes;
• Total Price: means the final price displayed immediately prior to the purchase or payment of each Booking;
• Travel Product: means the products provided by Service Providers including accommodation, flights, activities, vehicle rentals, travel packages, and/or any Additional Services;
• Website: means the website and platform located at simpeltravels.com and all associated domains or subdomains.

2. Services

2.1 This clause outlines the contractual relationship between you and us. The following are the Services that we provide:

• Displaying information and pricing of Travel Products on the Website and Mobile App;
• Provision of Website or Mobile App functions that enable you to select, use, or access the Services to make Bookings and purchase Travel Products;
• Facilitation of the contract(s) between the relevant Service Provider(s) and you, where applicable; and
• Delivery of the Booking Confirmation(s) resulting from your Booking(s).

2.2 You agree to be bound by these Terms when you complete and submit your online order on the Website or Mobile App in relation to your Booking, and when we subsequently confirm receipt of your payment.

2.3 By purchasing a Booking, you represent and warrant that:

• You have the legal capacity to enter into and be bound by these Terms;
• Your access to the Website, Mobile App, or the Services has not been suspended or terminated;
• You are not located, incorporated, or otherwise established in any country or region that is subject to economic sanctions (including Cuba, Iran, North Korea, Myanmar, Syrian Arab Republic, the Luhansk, Donetsk, Zaporizka, and Khersonska regions of Ukraine, Crimea, and Venezuela);
• You have read and understood the terms and conditions or policies of the relevant Service Provider(s); and
• You are at least eighteen (18) years of age or the legal minimum age in your jurisdiction, whichever is greater.

2.4 If you act as an employee, a representative, or agent of a legal entity and purchase a Booking on its behalf, you represent and warrant that you are duly authorised to act on behalf of and bind such legal entity.

2.5 You accept that you are solely responsible for ensuring that all information provided by you to us during the Booking process is complete, legitimate, accurate, and up to date.

2.6 You acknowledge that these Terms are separate from any terms, conditions, or agreements that you may enter into with the Service Provider(s).

2.7 We reserve the right to change or remove any Travel Products advertised on the Website or Mobile App without notice.

Regulatory Status and Non-Custodial Disclaimer

2.8 You acknowledge and accept the following with respect to the regulatory status and nature of SimpelTravels:

• SimpelTravels is a travel booking platform only. SimpelTravels is not a financial institution, money services business, payment service provider, money transmitter, exchange, broker, dealer, custodian, wallet provider, or any equivalent regulated entity in any jurisdiction;
• SimpelTravels does not hold, store, control, manage, or have custody of any funds, money, Digital Assets, Cryptocurrencies, fiat currency, or any other form of value belonging to you or any user at any time;
• SimpelTravels is not a Virtual Asset Service Provider (“VASP”) as defined under the British Virgin Islands Virtual Assets Service Providers Act, 2022;
• SimpelTravels is not regulated or licensed as a Crypto Asset Service Provider (CASP) under the EU MiCA regulation; a Digital Payment Token (DPT) Service Provider under Singapore's PSA; a Money Services Business (MSB) under US regulations; nor is it registered with or regulated by the SEC, CFTC, or any equivalent regulatory authority;
• All payments are processed exclusively by independent third-party Payment Processors;
• The Payment Processors bear all applicable regulatory obligations including KYC, AML, and CTF compliance; and
• The acceptance of Digital Assets or Cryptocurrencies as a Payment Method does not constitute the provision of a financial service by SimpelTravels.

2.9 You may make Bookings as a guest without creating an account. However, certain features may only be available to registered users.

3. Accounts and Compliance Procedures

3.1 While you may make Bookings as a guest, you may also create a registered account. By opening an account, you accept that you are fully responsible for all activity that occurs under your account.

3.2 You warrant that any data that you provide in relation to the creation of your account or any Booking is complete, legitimate, accurate, and up to date.

3.3 You agree to contact us immediately upon becoming aware of any compromise to account security or unauthorised access.

Compliance Requirements

3.4 You agree to comply fully and promptly with our Compliance Requirements as may be required by us or our Payment Processors from time to time.

3.5 You authorise us and our Payment Processors to make inquiries that are considered necessary to satisfy Compliance Requirements.

3.6 Failure to comply with Compliance Requirements may result in: suspension or termination of your account; rejection or cancellation of your payment and/or Booking; restriction of your access to the Services; and/or reports made to relevant law enforcement authorities.

3.7 You acknowledge and agree that we may take any action we deem necessary in connection with the detection or investigation of money laundering, terrorist financing, fraud, or any other financial crime.

4. Travel Requirements

4.1 Our employees or authorised representatives may assist you with information pertaining to passports, visas, and other documents you may require. You accept that it is ultimately your responsibility to ensure that you have the relevant documents required.

4.2 Any customer who purchases a Booking for a flight must hold a valid passport. Many countries require passports to be valid for at least six (6) months from the date of return.

4.3 If you have any special requirements (dietary, seating, disabled access, or other), please make these requests during the Booking process.

4.4 Any health requirements or precautions associated with your Booking are your sole responsibility.

5. Booking Confirmations

5.1 A Booking Confirmation will be delivered to you electronically to the email address provided by you after successful payment.

5.2 Certain conditions or restrictions may be imposed on Booking Confirmation(s) by us and/or Service Providers, such as being non-refundable or subject to Change Fees or Cancellation Fees.

5.3 Booking Confirmations are non-transferable. Where a Booking for a flight is purchased, the Booking Confirmation must be accurately issued in the name of the passport/photo identity holder.

6. Travel Insurance and Travel Advice

6.1 It is recommended that you consider obtaining travel insurance, especially for international travel. We do not sell travel insurance.

6.2 While we or our Service Providers may offer general travel advice, we provide no guarantees as to the accuracy of such information.

7. Payments

7.1 The price of your Booking will only be finalised, and we will only process your Booking, upon receipt of full payment of the Total Price.

Payment Methods

7.2 We accept payment via selected Digital Assets or Cryptocurrencies (over 300 supported cryptocurrencies), selected credit and debit cards, bank wire transfers, and other methods we may offer from time to time.

Digital Asset and Cryptocurrency Payments

7.3 All Digital Asset or Cryptocurrency payments are processed exclusively through our independent third-party Payment Processors. SimpelTravels does not at any time receive, hold, store, or have custody of your Digital Assets or Cryptocurrencies. You acknowledge and agree that:

• Each purchase or payment with Digital Assets constitutes a direct transfer to the Payment Processor (not to SimpelTravels);
• Payments are subject to instant conversion at the exchange rate locked at the time of transaction initiation;
• SimpelTravels does not provide custodial services for Digital Assets or Cryptocurrencies;
• The market value of Digital Assets and Cryptocurrencies is inherently volatile;
• It is your responsibility to ensure that payment is completed correctly and in a timely manner; and
• You are solely responsible for complying with all tax obligations arising from your use of Digital Assets or Cryptocurrencies.

Fiat Payments via Payment Processors

7.4 Where you elect to pay using fiat currency, your payment is processed through our third-party Payment Processors. You acknowledge that:

• The Payment Processor may convert your fiat payment into Digital Assets or Cryptocurrencies for settlement purposes;
• The Payment Processor bears the primary KYC responsibility;
• Additional fees may be charged by the Payment Processor, your bank, or card issuer; and
• By using these Payment Methods, you agree to the terms and conditions of the relevant Payment Processor.

Service and Booking Fees

7.5 In addition to the price of the Travel Product, SimpelTravels charges its own service fee and/or booking fee. These fees will be clearly displayed as part of the Total Price. Service and booking fees are non-refundable, except where required by Applicable Law.

7.6 We reserve the right to delegate the management of all or part of our payment collection to our affiliated entities, or to third-party Payment Processors.

7.7 For payments made online, you will generally not pay the Service Provider directly. Only certain Bookings will allow you to pay upon arrival.

Prohibited Payment Activities

7.8 The following categories of activities or businesses are prohibited in connection with the use of any of our Services involving payment: drugs and drug paraphernalia; unlicensed sale of weapons and explosives; hazardous materials; pseudo-pharmaceuticals; sexually explicit content and services; deceptive and unfair practices; financial crimes; gambling activities; intellectual property violations; darknet market purchases; unlicensed financial services; market manipulation; any unlawful activities; and any other matters deemed unacceptable by our Payment Processors.

8. Changes, Cancellations, and Refunds

8.1 The applicable cancellation policy of the Travel Product may be displayed prior to your completion of the Booking process.

8.2 Voluntary changes to Bookings can only be requested up to seventy-two (72) hours before the use or redemption date of the Booking.

8.3 You accept that some Bookings may be non-refundable. If you arrive late, on a different date, leave before the conclusion of the Travel Product, or fail to arrive (no-show), no refunds will be issued.

Flight Cancellation Service Fees

8.4 Should you cancel a flight Booking, the following service fees will apply in addition to any Cancellation Fees charged by the Carrier:

• Voiding Fee: If your flight Booking is eligible to be voided (typically within 24 hours of ticketing), a non-refundable fee of US$15 per Booking will be charged;
• Refund Processing Fee: If your flight Booking is cancelled outside the void period but qualifies for a monetary refund from the Carrier, a non-refundable fee of US$25 per person will be charged.

8.5 We do not guarantee that any requested cancellation or change will be effective.

8.6 If your Booking is cancelled or changed by the Service Provider, we will utilise reasonable efforts to notify you as soon as practicable.

Refund Policy

8.7 If you are eligible for a refund, the refund will be processed upon our receipt of cleared assets from the relevant Service Provider(s). You acknowledge that:

• We reserve the right to require you to comply with Compliance Requirements before processing any refund;
• Where your initial payment was made through Digital Assets or Cryptocurrencies, refunds will be issued in SimpelTravels travel credits or, at our sole discretion, in a stablecoin (such as USDT or USDC) at the USD-equivalent value at the time of the original Booking;
• For fiat payments, refunds may be issued to your original payment method or in SimpelTravels travel credits;
• SimpelTravels service fees and booking fees are non-refundable; and
• Refund processing times may vary.

9. Promotions, Loyalty Programme, and Travel Credits

SimpelTravels Token and Loyalty Programme

9.1 SimpelTravels may, in the future, issue or designate a SimpelTravels Token (Utility Token) for use within the SimpelTravels ecosystem.

Token Regulatory Separation

9.2 You acknowledge and accept the following with respect to the SimpelTravels Token:

• The Token is entirely separate and distinct from the travel booking platform;
• The Token is a utility token only and does not constitute a security, financial instrument, or investment product;
• Holding Tokens does not confer any ownership, equity, profit-sharing, governance, or voting rights;
• The Token should not be purchased with any expectation of profit or investment return;
• SimpelTravels does not operate as an exchange, broker-dealer, or any regulated financial services provider;
• The Token may be subject to separate terms and conditions; and
• SimpelTravels reserves the right to modify, suspend, or discontinue the Token at any time.

Referral Programme

9.3 SimpelTravels may operate a referral programme offering a five percent (5%) direct bonus to users who refer new customers.

Referral Programme Anti-Abuse Provisions

9.4 The following activities are strictly prohibited: self-referral; referring fictitious persons; referral stacking or layering; making Bookings solely to generate referral bonuses; using bots, scripts, or automated tools; distributing referral links through spam; and any fraudulent or abusive conduct.

9.5 Referral bonuses are subject to a minimum completed Booking threshold. SimpelTravels reserves the right to claw back any referral bonuses earned through prohibited activities.

Promotions

9.6 We may offer promotions, discounts, loyalty rewards, or other incentives from time to time. Promotions do not have monetary value, are not transferable, and cannot be redeemed for cash.

9.7 Participation in any Promotion is void where prohibited by law.

SimpelTravels Travel Credits

9.8 SimpelTravels travel credits are denominated in United States Dollars (USD) where one (1) credit equals one (1) USD. Travel credits may only be used to purchase Travel Products. Travel credits cannot be redeemed for cash, Digital Assets or Cryptocurrencies, or any other form of consideration. Travel credits are not transferable.

10. Acceptable Use

10.1 In using the Services, you agree and warrant that you:

• Will use the Website and Mobile App strictly for personal and non-commercial purposes only;
• Will not gather, extract, reproduce and/or display material from the Website or Mobile App using automated means;
• Will not use the Website or Mobile App to provide Bookings or pricing information to any other person;
• Will not engage in any act that would constitute a breach of privacy or infringe upon the legal rights of any person;
• Will not use the Website or Mobile App while impersonating another person;
• Will not transmit any viruses, Trojan horses, worms, or other items that may cause damage;
• Will not tamper with, hinder the operation of, or make unauthorised modifications to the Website or Mobile App;
• Will not attempt to gain unauthorised access to user accounts, computer networks, or systems;
• Will not engage in any activity that places an unreasonable load on our infrastructure; and
• Will not use the Website or Mobile App for any purpose that is unlawful.

10.2 To make a Booking, you must be at least eighteen (18) years of age.

Intellectual Property

10.3 Unless otherwise indicated, we own or licence all rights, title, and interest in the Content on the Website and Mobile App. You are expressly forbidden to:

• Sell, rent, lease, or sub-license the Services to third parties;
• Decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code; or
• Use the Services for any unauthorised access, including through automated means.

11. Role as Intermediary

11.1 The Services that we provide are in the capacity of an intermediary, facilitating the arrangement of Bookings with Service Providers. SimpelTravels does not act as an agent for the Service Providers.

11.2 While we endeavour to select reputable Service Providers, we do not own or control any of the Travel Products offered. Your legal recourse lies with the relevant Service Provider.

11.3 Any insurance coverage or protection associated with Bookings is provided by the Service Provider or their designated insurance partners, not by SimpelTravels.

12. Representations and Warranties

12.1 ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

12.2 THE SERVICES, WEBSITE, AND MOBILE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND.

12.3 WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION, CONTENT, OR TRAVEL PRODUCTS DISPLAYED ON THE WEBSITE OR MOBILE APP.

13. Limitation of Liability and Indemnification

13.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT DOES SIMPELTRAVELS NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR AFFILIATES ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES ARISING FROM YOUR USE OF OUR SERVICES, FORCE MAJEURE EVENTS, OR EVENTS WE CANNOT CONTROL.

13.2 YOU ACKNOWLEDGE THAT HOLDING, USING, OR TRANSACTING IN DIGITAL ASSETS OR CRYPTOCURRENCIES IS INHERENTLY RISKY AND YOU ACCEPT ALL RISKS OF ANY DAMAGES OR LOSS.

13.3 YOU ACKNOWLEDGE THAT SIMPELTRAVELS SHALL BEAR NO LIABILITY FOR ANY ACTS, ERRORS, OMISSIONS, SECURITY BREACHES, DATA LOSS, SYSTEM FAILURES, OR SERVICE INTERRUPTIONS OF ANY THIRD-PARTY PAYMENT PROCESSOR.

13.4 IF SIMPELTRAVELS IS FOUND LIABLE, OUR MAXIMUM AGGREGATE LIABILITY SHALL BE LIMITED TO THE TOTAL PRICE OF THE RELEVANT BOOKING.

13.5 YOU AGREE TO TAKE ALL REASONABLE STEPS TO MITIGATE ANY LOSSES.

Indemnification

13.6 You agree to fully defend, indemnify, and hold harmless SimpelTravels from and against any and all losses, damages, deficiencies, actions, judgments, penalties, fines, costs, or expenses arising from:

• Your breach or alleged breach of these Terms;
• Your violation of any Applicable Law or the rights of any third parties;
• Your use of Digital Assets or Cryptocurrencies in connection with the Services;
• Any tax liability arising from your transactions;
• Any misrepresentation made by you; and/or
• Any other act or omission by you related to these Terms.

14. Miscellaneous

14.1 Changes to the Website or Mobile App. We may make improvements to, and/or change, the Website or Mobile App at any time.

14.2 No Relationship. No franchise, association, joint venture, agency, partnership, or employment relationship exists between you and us.

14.3 Records. You agree that we may record any communications with you.

14.4 Service Provider Relations. Service Providers are independent contractors and are not agents, representatives, or employees of SimpelTravels.

14.5 Destination and Transit Risk. By offering Travel Products in international destinations, SimpelTravels does not warrant that travel to or transit through such destinations is without risk.

14.6 Taxes. Tax chargeable on any Travel Product is a recovery of applicable transaction taxes.

14.7 Currency Rates. Currency rates displayed are not verified or guaranteed as being accurate and should be used as guidelines only.

14.8 Accuracy of Information. Information on the Website or Mobile App may include inaccuracies or errors. We reserve the right to correct any pricing errors.

Our Rights

14.9 We reserve the right not to accept customers or Bookings at our sole discretion.

Compliance with Law Enforcement

14.10 Nothing shall limit our right to comply with any valid law enforcement requests. You agree to bring any claim within two (2) years from the date on which such claim arose.

14.11 Entire Agreement. These Terms constitute the entire agreement between you and SimpelTravels.

14.12 Severability. If any clause is or becomes illegal, invalid, or unenforceable, the remaining clauses will remain in full force.

14.13 Amendments. We may amend these Terms from time to time at our sole discretion without prior notice.

14.14 Data Processing. Any data you provide shall be processed in accordance with our Privacy Policy.

Force Majeure

14.15 We shall not be liable for any failure to perform our obligations where such failure arises from causes beyond our reasonable control, including acts of God, natural disasters, outbreaks of disease, epidemics, pandemics, civil disturbances, wars, governmental actions, travel restrictions, cyberattacks, blockchain network failures, and other unforeseeable circumstances.

Governing Law and Dispute Resolution

14.16 These Terms shall be governed by and construed in accordance with the laws of the British Virgin Islands.

14.17 Any dispute shall first be attempted to be resolved through our internal dispute resolution procedures by contacting us at support@simpeltravels.com. We will acknowledge receipt within five (5) business days and endeavour to resolve the Dispute within thirty (30) calendar days.

14.18 If the Dispute cannot be resolved internally, it shall be submitted to binding arbitration administered by the BVI International Arbitration Centre. The seat shall be the British Virgin Islands, with one (1) arbitrator, and the language shall be English.

14.19 Class Action Waiver. Any Dispute shall be brought on an individual basis only. You waive any right for Disputes to be brought as a class, collective, representative, or private attorney general action.

15. Accessibility and Non-Discrimination

15.1 SimpelTravels is committed to making its Services accessible to all users, including persons with disabilities.

15.2 SimpelTravels does not discriminate against any user on the basis of race, colour, ethnicity, national origin, religion, gender, gender identity, sexual orientation, age, disability, or any other characteristic protected by Applicable Law.

16. Automated Access, Scraping, and Data Protection

16.1 In addition to the acceptable use restrictions:

• You shall not use any automated system to access, monitor, copy, or collect content from the Website or Mobile App without our prior written consent;
• You shall not use any device, software, or routine to bypass robot exclusion headers;
• You shall not impose an unreasonable or disproportionately large load on our infrastructure;
• You shall not circumvent, disable, or otherwise interfere with any security-related features;
• We reserve the right to implement rate limiting, CAPTCHA verification, IP blocking, bot detection systems; and
• Any breach of this clause may result in immediate suspension or termination of your access.