Terms of Service
Joolyea is a flight and accommodation online search service and offers users information and comparison about flights and different types of accommodation to destinations of choice.
1. Scope of Service
1.1 These terms and conditions are subject to occasional changes and apply to all our services that are directly or indirectly provided (i.e. via third parties) via the internet.
2. Services and Contract
2.1 On the Joolyea website, you have the ability to compare third party services via the Joolyea system.
2.2 In addition, for some hotels, users have the possibility of booking the selected hotel through a direct connection to the hotel booking sites (third parties) (‘Joolyea Booking’). As a result, the booking will be made directly on the hotel booking site and not on the Joolyea sites. In such cases, Joolyea is not the travel operator or the contractual party for the user, but only an agent providing the technical connection to the hotel booking site of a third party. By making a booking on the website of the third party, users agree to be bound by the terms and conditions of that booking site. Once a booking is made on the website of a third party, a contract is concluded between the booking site and the user, and therefore no contract is concluded between the user and Joolyea . Joolyea is not a contractual party to the hotel booking and any claims of the user under the hotel reservation should be directed to the third party (the booking site) and not to Joolyea .
2.3 This agreement is not affected by any other agreements between the hotel and users.
3. Joolyea Community and Member Area
3.1 Users have the option of joining the Joolyea Community (hereafter “Community”) and/ or creating a member account within the Joolyea Member Area. Users who register for the Community can publish self-generated content, as well as actively participate in the platform’s development via the administrative functions. Unregistered users may read the content on Joolyea for free.
3.3 A user cannot register multiple times. The user is responsible for the accuracy and completeness of their personal information.
3.4 The user is responsible for the confidentiality of their user account information, and their password. They are also responsible for the use of their accounts with regard to Joolyea and third parties. The user should not divulge this data to the use by third parties.
3.5 In the event of unauthorised use of the Joolyea services using the wrong username and password, the registered user must notify Joolyea immediately.
4. Privacy, Email Advertisements
4.2 Joolyea collects, processes and uses your personal data only if we have obtained your consent or a statutory provision allows for the collection, processing or use of your personal data.
4.3 Joolyea will only raise, process and use personal data necessary for the provision of the services rendered by Joolyea , for the use and operation of the website and the services offered. For the use of the ‘Joolyea Booking’ facility, the user expressly agrees to the processing of his/her credit card data by Joolyea , which may relay these to the hotel booking sites for completing the hotel reservation.
4.4 If the user has agreed to receive information about Joolyea during registration for the Community or at another time using Joolyea ’s services, the user will receive periodic product information. The consent may be revoked at any time by written communication or by email. The consent to receive emails follows after the confirmation email from Joolyea is sent. By clicking on the link in the email, you will be registered to receive newsletters.
5. User Obligations
5.1 The user is responsible for the acquisition of rights to the content (text, photos, reviews, links, etc.) they upload to Joolyea . They ensure that they have all the rights in respect to the content they publish on the Joolyea platform and thereby do not violate the rights of any third parties.
5.2 The user guarantees not to use the Joolyea services to create content that:
· is advertising disguised as reviews,
· does not have specific content for a reviewed item,
· is not objective or intentionally untrue,
· immoral, pornographic or in any other way offensive,
· infringes upon the rights of third parties, in particular copyright,
· violates applicable laws in any way or constitutes a criminal offense,
· contains viruses or other computer programmes that may damage software or hardware or that may affect the use of computers,
· is a survey or chain letter,
· is aimed at collecting or using personal data from other users, especially for commercial purposes.
5.3 The user guarantees not to use programmes or functions to generate automated page impressions or content on Joolyea .
5.4 If there is a breach in the terms and conditions, Joolyea reserves the right to remove content without declaration of reason, to withhold payments earned in the Joolyea Community and to permanently ban members from Joolyea . The right to prosecution of criminal acts remains unaffected.
6.1 Joolyea reserves the right to terminate a user’s access and to delete their registration within a period of one week after receipt of relevant information via email about improper use of the website. The user may also terminate their own access and registration within the same period. The right to immediate termination for good cause remains unaffected.
7.1 Joolyea is not liable for the accuracy, quality, completeness, reliability or credibility of content provided by users and/or booking sites. In particular, there is no advice or information from Joolyea regarding the selection of accommodations.
7.2 All agreements that arise through this service are between the Joolyea user and the respective external contracting booking site. In particular, Joolyea does not act as organiser or travel agency at any time. The terms and conditions of the respective organiser or travel agency apply exclusively, especially regarding the right to cancel and to withdraw. The contact for the processing of bookings and payments, as well as questions about the contract, is the respective contracting booking site. Joolyea remains uninvolved in such contractual arrangements, agreements and claims between the Joolyea user and the respective external contracting booking site.
7.3 Joolyea does not verify the accuracy of content uploaded by booking sites or the members of the Community. This content is provided by booking sites/Community for publication on our website with reference to the respective hotel. Joolyea has no influence on this information (in particular images, comments, reviews, etc.). The publication of user-generated content and reports on Joolyea does not reflect the opinion of Joolyea , in particular, Joolyea does not claim this content as its own.
7.4 In particular, hyperlinks, advertising banners, information about accommodations, travel destinations or providers and the like are provided by booking sites and Community members and do not represent recommendations or information from Joolyea . For technical reasons, no updating of the prices we receive from booking sites are done in real time. Therefore it is possible that the price that appears on the booking site does not correspond to the price specified on the Joolyea sites. Joolyea does not guarantee the accuracy of information, in particular prices and availability.
7.5 Joolyea is not liable for technical malfunctions for which the cause is not within Joolyea ’s sphere of responsibility or for damages caused by force majeure. Joolyea does not guarantee uninterrupted availability of data and may perform technical maintenance during a freely chosen time period.
8. Changes to the Terms and Conditions
The current terms and conditions when using Joolyea apply. Registered users receive notifications about changes by email. Users may download and print the current terms and conditions on their own computer system.
9. Applicable Law and Place of Jurisdiction
The laws of the Malaysian government apply.