These Terms of Service (“Terms of Service”) govern your use of http://www.thrillism.com (“Site”) and your purchases and use of products and services available through the Site. The Site is operated by Thrillgent AB (“Thrillism”). By using the Site, or purchasing or using products or services through the Site, you acknowledge and agree as follows:
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Thrillism, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract. You use the Thrillism Site, purchase and use the products and services available through the Thrillism Site, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Thrillism may be recorded.
2 Privacy notice
3 Place of jurisdiction
These Terms of Service and any dispute or claim (whether contractual or otherwise) arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with Swedish substantive law.
Unless otherwise agreed any dispute, controversy or claim arising out of or in connection with this Terms of Service, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules of the SCC shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English unless the Parties agree otherwise.
4 Booking process
Thrillism may, in its sole discretion, choose to not process or to cancel your booking process in certain circumstances. This may occur, for example, when the booking you wish to reserve is no longer available or has been mispriced, we suspect the reservation request is fraudulent, or in other circumstances Thrillism deems appropriate in its sole discretion. Thrillism also reserves the right, in its sole discretion, to take steps to verify your identity to process your reservation. Thrillism will either not charge you or refund the charges for reservations that we cancel or do not process.
4.1 Product and service availability
In rare cases an product or service may be available when a customer places the order, but becomes unavailable prior to check-in. If this should occur, your sole remedy shall be to contact the Operator to make alternative arrangements or to cancel your reservation.
4.2 Product and service description
Thrillism attempts to provide accurate descriptions of products and services on the Site. Thrillism does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.
Thrillism strives to provide accurate pricing information regarding the products and services available on the Site. We cannot, however, insure against pricing errors or pricing changes. Thrillism reserves the right, at its sole discretion, to cancel or not process any bookings placed for any product och services available whose price was (1) incorrectly provided as a result of an error, or (2) changed by the operator. If this occurs, Thrillism will notify you by email and correct the pricing on the Thrillism Site. If additional charges apply to your booking (including but not limited to the addition of an extra traveler, fees or other taxes or incidentals), which charges you do not pay at the time of checkout on the Thrillism Site, you will be responsible for paying these charges directly to the operator. Thrillism does not guarantee that it offers best available rates for products and services available on the Thrillism Site.
4.4 Conditions of operators
Operators may impose additional rules and restrictions on products and services available through the Site. Please read these additional terms and conditions carefully. By purchasing products and services through Thrillism you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the operators rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies and use of fares, products or services. You agree that any violation of any such operators rules and restrictions may result in cancellation of your reservation, in being denied access to the applicable travel products or services, in forfeiting any charges paid for such reservation, and in being charged by Thrillism for any costs we incur as a result of such violation.
All reservations booked through Thrillism or an Operator must be prepaid in full. You agree to pay Thrillism or the Operator the fees, costs, expenses and other charges in connection with your reservation (collectively, the “charges”). You acknowledge and agree that the charges will be billed to your payment card, or that you will pay the charges using another payment method supplied by and approved by Thrillism or the Operator.
Given the nature of travel services, we recommend that you obtain independent insurance to provide adequate cover for medical expenses, personal accident, loss of baggage and curtailment or cancellation of your trip. Please note that such insurance is not included with your purchase on Thrillism unless you separately purchase such insurance on the Site (where available).
Thrillism bookings do not include any incidental charges, expenses or services, except as specifically described in the sales description. You are liable for any such incidental charges, expenses or services that you incur or consume during your trip.
4.8 Changes by Operator
Occasionally, we have to notify you of a "significant change" that a operator may make to provided products or services. A significant change is a change made before the commencement of your trip which and which we can reasonably expect to have a major effect on your trip. In the unlikely event of the operator cancelling or amending your booking after the booking has been made, the operator will inform you as soon as possible. In respect to any significant change, if there is time to do so before departure, the operator will seek permission to offer you one of the following options (depending on the nature of what you have booked):
accepting the changed arrangements; or
cancelling or accepting the cancellation, in which case you will receive a full refund of all monies you have paid to the relevant operators.
Please note: The above options are generally not available for minor changes. Changes to check-in time, check-out time and room type (upgrades) generally qualify as minor changes. When cancellations or changes do occur, neither Thrillism nor the operator will be held liable for extra costs incurred, for example, for travel expenses, or other accommodations.
4.9 Cancellations by Operator
In the rare cases that a operator cancels your booking after your purchase of a package , you will be notified by the operator, or Thrillism acting on its behalf. Thrillism is not responsible for costs associated with a cancellation by the operator. We recommend that you purchase travel insurance to cover against cancellations.
5 Disclaimer of warranties
Your use of this Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the Site or any feature or part thereof at any time. Thrillism disclaims any warranties that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the server that makes the Site available will be virus-free; or that information on the Site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content from this Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the Site shall create any warranty of any kind.
6 Limitation of liability
The operators whose products and services are available on the Thrillism Site are independent contractors and not agents or employees of Thrillism. Thrillism is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such operator or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
You acknowledge and agree that you assume full responsibility for your use of the Site ,communications with third parties, and purchase and use of the products and services available through the Site. You acknowledge and agree that any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the Site is at your own risk and that the Site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (without limitation, consumer protection law), neither Thrillism, operators or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (1) this Site, or any other Site or resource you access through a link from this Site; (2) any action we take or fail to take as a result of communications you send to us; (3) any products or services made available or purchased through the Site, including any damages or injury arising from any use of such products or services; (4) any delay or inability to use the Site or any information, products or services advertised in or obtained through the Site; (5) the modification, removal or deletion of any content submitted or posted on the Site; or (6) any use of the Site, whether based on contract, tort, strict liability or otherwise, even if Thrillism have been advised of the possibility of damages. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Site, or obtained from a linked site or resource. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that Thrillism shall not be liable for any defamatory, offensive or illegal conduct of any user of the Site. Your remedy for any of the above claims or any dispute with Thrillism is to discontinue your use of the Site. You and Thrillism agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
You will indemnify and hold harmless Thrillism from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Thrillism and such parties, and shall defend Thrillism and such parties against any and all claims arising out of (1) your breach of these Terms and Service; (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable Swedish or foreign law or the rights of a third party. Thrillism will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Thrillism.
8 Entire agreement
These Terms of Service constitute the entire agreement of between you and Thrillism regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service.
You acknowledge and agree that Thrillism may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
11 Children under the age of thirteen (13)
We do not direct this webSite to children under the age of thirteen (13). We require registered users of the Site to be at least eighteen years old. If we learn that a user is under eighteen years of age, we will promptly delete any personal information that the individual has provided to us.
If you have questions about our Terms of service, please contact us.
Last Updated: 2017-02-17