USER AGREEMENT FOR 12TRIP System
Use of this site is subject to your acceptance of the terms and
conditions set forth below. Kindly read this
User Agreement first before using this site.
By using this site, you are deemed to have read, understood and
irrevocably agreed to be bound by the terms and
conditions of this User Agreement. If you do not agree with or do
not understand any of the following terms and
conditions, you must not use this site.
This website and each of its component modules, together with the
arrangement and compilation of the content
found on this site, is the copyrighted property of Rakso Travel
("RaksoTravel"). Much of the content found on
this site is owned by third party providers and distributors;
specifically, certain data relating to schedules
is the copyrighted work of Abacus web connection and other
The trademarks, logos and service marks displayed on this site
(collectively, the "Trademarks") are registered
Trademarks of RaksoTravel, its affiliates, and various third
parties. Nothing in this site may be construed as
in any manner granting any license or right to use any of the
Trademarks without the written permission of
RaksoTravel or such other party as may own the Trademarks or any of
2. USE OF SITE; LIMITATIONS, RESTRICTIONS.
RaksoTravel grants you limited, non-transferable permission to use
this site in accordance with the terms and
conditions of this User Agreement. You may use this site only to
make legitimate reservations (Online bookings)
You shall not use this site for any other purpose, including but
not limited to making speculative, false or
fraudulent reservations or transactions, or any reservation or
transaction in anticipation of demand.
You may not copy, reproduce, republish, upload, post, transmit or
distribute this site or anything found
herein, including any data/content, text, graphics, button icons,
audio and video clips, digital downloads,
data compilations and software, without the prior written
permission of RaksoTravel and/or its third party
providers and distributors, as the case may be; however, you may
download, display and print the content found
on this site for your personal and non-commercial use only.
You are strictly prohibited from using any "robot," "spider" or
other automatic device, program, algorithm or
methodology having similar processes or functionality, or any
manual process, to monitor or copy any of the
webpages, data or content found on this site.
You shall not transmit or otherwise transfer any webpages, data or
content found on this site to any other
computer, server, website, or other medium for mass distribution,
and in any case you shall not use any of the
materials found herein for any commercial enterprise or for any
purpose other than your personal use only.
You are strictly prohibited from using any device, software or
routine, or any other means, to interfere or
attempt to interfere with the proper functioning of this site.
In the course of using this site, you shall not post, submit or
transmit anything that may contain viruses or
bugs of any kind, or any other harmful content, or any material
that may tend to affect, alter, modify or
interfere with the functioning of this site, or any content that
constitutes an unnecessary bulk for the site.
In any event, your permission to use this site does not include
doing anything that imposes or tends to impose
a burden or load upon our infrastructure that RaksoTravel deems in
its sole discretion to be unreasonable.
At the discretion of RaksoTravel, your access to this site can be
terminated or restricted without prior
You are responsible for ascertaining that your use of this site
and/or the materials contained herein does not
in any manner violate applicable copyright, trademark or other
intellectual property laws or other laws, or
infringe upon the intellectual property rights of other persons. In
any case you shall retain all copyright and
trademark notices, including any other proprietary notices,
contained in the materials, and you shall not
alter, obscure or obliterate any such notices.
The use of any of the aforesaid materials on any other website or
in any environment of networked computers or
for other than your personal and non-commercial use is strictly
You shall not submit, post or transmit any unlawful, threatening,
libelous, defamatory, obscene, indecent,
inflammatory, offensive, false or misleading, pornographic or
profane material or any material that could
constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or
otherwise violate any law.
In addition, you are prohibited from posting or transmitting any
information or material which (a) infringes
the rights of others or violates their privacy or publicity rights,
(b) is protected by copyright, trademark or
other proprietary right, unless with the express written permission
of the owner of such right, or (c) is used
to unlawfully collude against another person in restraint of trade
You shall be solely liable for any damages consequent to any
infringement of copyright, trademark, or other
proprietary right, or any other harm resulting from your use of
3. AGE AND RESPONSIBILITY.
By using this site, you represent that you are of sufficient legal
age and discretion to use this site and to
create and enter into binding legal obligations, and that you
possess the requisite financial capacity to
answer for any liability you may incur as a result of your use of
You are responsible for maintaining the confidentiality of your
account information, password, transactions and
You understand and agree that you are responsible for all
activities that occur under your account or password,
and for all uses of this site by yourself and anyone using your
login information and password.
You agree that your personal information and anything that you
submit or post to this site may be used by
RaksoTravel, its affiliates and third party providers and
distributors for any purpose not prohibited by law.
It is understood that your personal information may be disclosed or
transmitted to law enforcement authorities
by virtue of a lawful writ or court order.
5. REVIEW OF TRANSMISSIONS.
RaksoTravel may from time to time monitor and review any
information transmitted or received through this site
and reserves the right to censor, edit, remove or prohibit the
transmission or receipt of any information that
RaksoTravel deems inappropriate or in violation of these terms and
conditions. During monitoring, the
information may be examined, recorded or copied, and your use of
this site constitutes your consent to such
monitoring, examination, recording, copying and review.
You agree that if and when you submit suggestions, ideas, comments
or questions or post any other information
on this site, you shall be deemed to have granted RaksoTravel and
its affiliates a worldwide, non-exclusive,
royalty-free, perpetual, irrevocable, and fully sublicenseable
right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute and display
such content in any form, media or technology.
RaksoTravel takes no responsibility and assumes no liability for
any content posted or submitted by you.
6. EXCLUSIONS AND DISCLAIMERS.
RaksoTravel and its third party providers and distributors make no
warranty of any kind regarding this site
and/or any materials provided on this site, all of which are
provided on an "as is" basis.
RaksoTravel and its third party providers and distributors do not
warrant the accuracy, completeness, currency
or reliability of any of the content or data found on this site,
and they expressly disclaim all warranties,
including implied warranties and conditions of merchantability,
fitness for a particular purpose, title and
non-infringement, and those arising by statute or otherwise in law
or from a course of dealing or usage of
Evaluating the correctness of the information and content disclosed
on the site and its links shall be the
responsibility of the user. RaksoTravel and its providers and
distributors are not liable for any omission or
error contained in or found on the site.
You understand that you must seek and obtain valid confirmation of
your bookings/reservations from RaksoTravel
and should not presume that the same will be confirmed.
You understand that you are required and advised to read travel
advisories, news updates and the like in order
to familiarize yourself with the risks and hazards associated with
traveling to the destination/s of your
RaksoTravel is not liable for any loss, delay or damage arising as
a result of your failure to fully comply
with the documentation requirements of the government and tourism
authorities of the destinations being offered
on this site.
RaksoTravel may use any electronic means to contact the user
whenever it is necessary to do so.
Neither RaksoTravel nor its third party providers or distributors
warrant that this site, its servers or any
e-mail sent from RaksoTravel are free of viruses or other harmful
Access to this site is not guaranteed to be uninterrupted and
available 24/7. This site is also subject to
maintenance, scheduled or unscheduled, and system outages.
Users may be charged fees for using certain services offered on
this website; such fees may vary and be
adjusted from time to time.
Rakso Travel reserves the right to change the published prices and
validity of the products and services on the
site without prior notice
Certain areas are only accessible to registered members of the
7. LIMITATION OF LIABILITY.
RaksoTravel assumes no responsibility, and shall not be liable for,
any damages to, or viruses that may infect
your computer equipment or other property on account of your access
to, use of, or browsing in this site or
your downloading of any materials, data, text, images, video or
audio from this site.
In no event shall RaksoTravel or its third party providers or
distributors be liable for any injury, loss,
claim, damage, or any special, exemplary, punitive, indirect,
incidental or consequential damages of any kind
(including, but not limited to lost profits or lost savings),
whether based in contract, tort, strict
liability, or otherwise, which arises out of or is in any way
connected with (i) any use of this site or
content found herein, (ii) any failure or delay (including, but not
limited to the use of or inability to use
any component of this site for reservations or ticketing), or (iii)
the performance or non performance by
RaksoTravel or its third party providers or distributors,
including, but not limited to, non-performance
resulting from bankruptcy, reorganization, insolvency, dissolution
or liquidation even if such party has been
advised of the possibility of damages to such parties or any other
party. If, notwithstanding the foregoing,
RaksoTravel or any third party provider or distributor should be
found liable for any loss or damage which
arises out of or is in any way connected with any of the above
described functions or uses of this site or its
content, the liability of RaksoTravel.com and the third party
providers and distributors shall in no event
exceed, in the aggregate, the greater of (a) the subscription fee
and service charge for accessing this site,
or (b) US$100.00. In its sole discretion, in addition to any other
rights or remedies available to RaksoTravel
and without any liability whatsoever, RaksoTravel at any time and
without notice may terminate or restrict your
access to any component of this site.
You agree to defend and indemnify RaksoTravel and its third party
providers and distributors and their
officers, directors, employees and agents from and against any
claim, cause of action or demand (including
without limitation legal fees, costs and expenses), brought by
third parties as a result of your use of this
This site contains links to other websites which are provided
solely as a convenience to the user. Such links
are not an endorsement by RaksoTravel or its third party
providers/distributors of such other websites or their
RaksoTravel and its third party providers/distributors are not and
shall not be responsible for the content or
materials of any other websites and make no representation or
warranty regarding such other websites or the
contents or materials thereon. Should you decide to access these
other sites, you do so at your own risk.
The relationship between RaksoTravel and yourself will be that of
independent contractors, and neither of us
nor any of our respective officers, agents or employees will be
held or construed to be partners, joint
ventures, fiduciaries, employees or agents of the other.
11. GOVERNING LAW, JURISDICTION AND VENUE.
This Agreement shall be governed by the laws of the Republic of the
You consent and submit to the exclusive jurisdiction of the proper
courts of Makati City, Metro Manila
Philippines, in all questions and controversies arising out of your
use of this site and this Agreement.
Any claim or cause of action arising from or relating to your
access or use of this site must be brought within
one (1) year from the date on which such claim or action arose or
12. ATTORNEY'S FEES.
If RaksoTravel or its affiliates take any action to enforce this
User Agreement and these terms and conditions,
such parties will be entitled to recover from you, and you agree to
pay, all reasonable and necessary
attorney's fees and any cost of litigation, in addition to any
other relief, at law or in equity, to which such
parties may be entitled.
13. INJUNCTIVE RELIEF.
You acknowledge that a violation or attempted violation of any of
this User Agreement and these terms and
conditions will cause such damage to RaksoTravel as will be
irreparable, the exact amount of which would be
difficult to ascertain and for which there will be no adequate
remedy at law.
Accordingly, you agree that RaksoTravel shall be entitled as a
matter of right to an injunction issued by any
court of competent jurisdiction, restraining such violation or
attempted violation of these terms and
conditions by you, as well as recover from you any and all costs
and expenses sustained or incurred by
RaksoTravel in obtaining such an injunction, including, without
limitation, reasonable attorney's fees. You
agree that no bond or other security shall be required in
connection with such injunction.
RaksoTravel may terminate this User Agreement and/or the provision
of any of the services on this site at any
time for any reason, including your improper use of this site or
your failure to comply with these terms and
Such termination shall not affect any right to relief to which
RaksoTravel and its third party providers and
distributors may be entitled, at law or in equity.
You may not under any circumstance assign, convey, subcontract or
delegate your rights, duties or obligations
16. MODIFICATION OF SITE AND/OR PARTS THEREOF.
RaksoTravel reserves the right at any time to modify, alter, revise
or completely eliminate any part,
component, module, feature or content of this site whenever it
deems necessary or convenient, and without any
prior notice to users.
17. ADDITIONAL TERMS.
Additional terms and conditions may apply to reservations,
purchases of goods and services and other uses of
specific portions, components or modules of this site, and you
agree to abide by such additional or other terms
These terms and conditions shall be deemed severable. In the event
that any particular provision is determined
by a court of law to be unenforceable or invalid, such provision
shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination shall
not affect the validity and enforceability of
any of the remaining provisions.
The headings used in this User Agreement are included for
convenience only and will not limit or otherwise
affect the terms and conditions hereof.
20. ENTIRE AGREEMENT; AMENDMENTS.
This User Agreement constitutes the entire agreement between
yourself and RaksoTravel relating to the subject
RaksoTravel reserves the right to amend or modify at any time these
terms and conditions or any part thereof,
whenever it deems necessary, and without any prior notice to users,
and your continued use of this site will be
conditioned upon the terms and conditions in force at the time of
It shall be your responsibility to check, from time to time, the
User Agreement posted on this site, to
ascertain whether the same or any part thereof has been amended,
modified or updated.
Your continued use of this site and its facilities shall signify
your continuing assent and adherence to the
User Agreement and all amendments, modifications and adjustments
made thereto from time to time.