Terms & Conditions
Last updated: March 19, 2025
1. APPLICABILITY
1.1. Cumbaya BV, having its office at Dalenstraat 17A, 3020 Herent, Belgium, registered with the CBE under number 0794.505.818 (“Cumbaya” or the “Company”), is a company offering travel (organization) software services through an online platform ‘Cumbaya’, allowing its users to plan, book and manage trips (the “Application”). The Application consists of: the Company’s website (https://cumbaya.travel or any relating domain name, the “Website”), any extension of the Website, the application ‘Cumbaya’ and any web versions thereof, or any other service provided by the Company.
1.2. These general terms and conditions, including the privacy policy of the Company (the "Terms and Conditions") apply to any use of the Application by a natural or a legal person acting in any capacity, as a consumer or a professional (a “User”), it being understood that a natural person using the Application outside of the purpose of its business shall be referred to as a “Consumer”.
1.3. By clicking ‘I accept’ or by downloading, installing, registering for, or otherwise accessing or using the Application, a User agrees that he or she has read and understood, and, as a condition to the use of the Application, agrees to be bound by the Terms and Conditions. If a User does not agree to the Terms and Conditions, the User has no permission to use the Application. The simple use of the Application constitutes an agreement between the Company and the User to be bound by the Terms and Conditions (the “Agreement”).
2. INTERPRETATION AND DEFINITIONS
2.1. Capitalized terms used in these Terms and Conditions shall have the meaning set out in this Article 2.
2.2. “Affiliate” means an entity that controls, is controlled by or is under common control with a party, within the meaning of article 1:14 and 1:20 of the Belgian Code of Companies and Associations;
2.3. "Force Majeure" means any event or circumstance that is beyond the reasonable control of the Company, including but not limited to acts of God (such as floods, earthquakes, hurricanes, and other natural disasters), war, terrorism, strikes or labor disputes, embargoes, government orders, or any other force majeure event;
2.4. “Imprevision” means any external unforeseeable circumstance, not attributable to the Company, which make the performance of the Agreement excessively onerous, including unforeseeable relevant changes in law or regulations occurring after the conclusion of the Agreement that have a significant and demonstrable impact on the execution of the Agreement;
2.5. “Links” mean links to third-party websites, applications, services or resources that are not owned or controlled by the Company;
2.6. “Privacy Policy” means the Company’s policies and procedures on the collection, use and disclosure of personal information, made available on the Company’s Website.
2.7. “Travel Directive” means the EU directive 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements.
2.8. “Travel Law” means the Belgian law of 21 November 2017 on package travel, linked travel arrangements and travel services.
2.9. “Travel Service Provider” means any third party that sells or offers travel services to the Users, as an organiser or a retailer (within the meaning of the Travel Law), as a result of a referral or advertisement within the Application.
2.10. “Third-party Content” means any goods, services or content, policy, or practice (including data, information, products or services) provided by a third-party that may be displayed, included or made available by or within the Application.
3. NATURE OF THE AGREEMENT
3.1. The Agreement between the Company and the User does not constitute the provision of travel services, within the meaning set out in Article 3, (1) of the Travel Directive, by the Company to the User. The Company does not, under any circumstances, qualify as an organizer or as a retailer of travel services within the meaning of Article 3, (8) and (9) of the Travel Directive.
3.2. The subject of the Agreement between the Company and the User is limited to the use of the Application. The Application comprises an online platform providing an overview of available travel services to the User, based on its preferences, to allow the User to assemble or create its own travel itinerary, and to book directly with the Travel Service Providers. The Company is not a party to any agreements entered into between Users and Travel Service Providers, nor does the Company act as a broker, agent or insurer.
3.3. The User can not invoke any rights from the Travel Directive or the Travel Law that apply to travel packages, vis-à-vis the Company.
3.4. Any offering, proposal, quotation, discount or deal displayed or set out in the Application is not binding for the Company. No information displayed in the Application, or any such information that is accepted by a User, shall constitute an agreement for the provision of travel services, unless such agreement would be explicitly executed in writing between the Company and the User.
4. ACKNOWLEDGEMENT - USER OBLIGATIONS
4.1. By accepting the Terms and Conditions and by Using the Application, the User declares that he or she has read the Terms and Conditions and agrees to be bound by them.
4.2. By accepting the Terms and Conditions and by Using the Application, the User represents and warrants that he or she:
consents to the use of personal data in accordance with the Privacy Policy;
is over 18 years of age;
accepts financial responsibility for payment of any bookings made upon referral through the Application;
has provided information that is true and accurate.
4.3. By accepting the Terms and Conditions and by Using the Application, the User agrees that he or she shall refrain from any of the following prohibited conducts:
use the Application for any illegal purpose or in violation of any local, national, or international law;
harass, threaten, demean, embarrass, or otherwise harm any other User of the Application;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right or using or disclosing the confidential information of any third party without permission;
interfere with security-related features of the Application, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content, including controls or restrictions implemented by the Company; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Application except to the extent that such activity is expressly permitted by applicable law;
interfere with the operation of the Application or any User's enjoyment of the Application, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another User of the Application; (iii) collecting personal information about another User or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to host the Application;
perform any fraudulent activity.
5. ACCOUNTS AND REGISTRATION
5.1. To access the Application, Users must create a separate account for the Application. When Users register for an account, they may be required to provide personal information, such as their name, email address, birth date, preferences or other contact information. Users agree that the information provided to us is accurate and that will be kept accurate and up-to-date at all times.
5.2. Users are solely responsible for maintaining the confidentiality of their account and password, and accept responsibility for all activities that occur under their account. If a User believes that his or her account is no longer secure, then they must immediately notify the Company.
6. APPLICATION AVAILABILITY
6.1. The Company endeavors to ensure the Application is accessible to Users around the clock. However, access to the Application may be temporarily suspended without notice in the case of system failure, maintenance or repair, or for reasons beyond the Company's control. The Company does not guarantee that the Application, or any content provided through the Application, will always be available, uninterrupted, timely, secure, or free from errors.
6.2. The Company reserves the right to change, modify, or remove the contents of the Application at any time or for any reason at its sole discretion without notice. Furthermore, the Company may have to suspend access to the Application, or close it indefinitely. Any new features or tools which are added to the current Application shall also be subject to these Terms and Conditions.
6.3. The Company will not be liable if, for any reason, all or any part of the Application is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Application, or the entire Application, to Users, including registered Users.
7. USER FEEDBACK AND BETA SERVICES
7.1. If Users choose to provide feedback regarding problems with or proposed modifications or improvements to the Application, the Company shall have an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such feedback in any manner and for any purpose, including to improve the Application and create other products and services. Users acknowledge and agree that, through their feedback, the Company may collect anonymous data regarding usage and performance of the Application. Such data is and will remain the exclusive property of the Company, and the Company may use and disclose this data for its business purposes, including to monitor, improve, and market its products, provided that the Company will not distribute or convey that data in a manner that could reasonably identify Users as its source.
7.2. From time to time, the Company may provide its Users with the opportunity to test versions or modifications of the Application, products or services which are not generally available to Users ("Beta Services"). Beta Services will be identified as beta, test version, pilot, non-production, evaluation, or by another description with a similar meaning. Beta Services can be used solely for evaluation purposes. By using the Beta Services, Users agree to: (i) cooperate with the Company in evaluating the Beta Services; and (ii) provide to the Company any reasonably requested feedback, comments, and suggestions for improvements. Users acknowledge and agree that the Beta Services may be inoperable or incomplete and may contain errors, design flaws, or other problems. The Company is under no obligation to make any Beta Services generally available and may unilaterally discontinue any Beta Service at any time. Furthermore, Users acknowledge and agree that all Beta Services are used at their own risk and that the use of Beta Services may result in loss of data, project delays, or other unpredictable damage or loss. To the fullest extent permitted by law, the Company will have no liability or responsibility to Users or any third party with respect to any matter whatsoever regarding the Beta Services. All beta services are provided "as-is" without any warranty of any kind.
8. OWNERSHIP AND PROPRIETARY RIGHTS
8.1. The Application is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, promotional content and all other elements of the Application ("Materials") provided by the Company are protected by intellectual property and other laws. All Materials included in the Application are the property of the Company or its third-party licensors. The Company reserves all rights to the Materials not granted expressly in these Terms and Conditions.
8.2. Except and solely to the extent such a restriction is impermissible under applicable law or expressly authorized by the Company, Users may not: (i) reproduce, distribute or publicly display the Application; (ii) make modifications to the Application; or (iii) interfere with or circumvent any feature of the Application, including any security or access control mechanism.
9. DISCLAIMER - USE OF THE APPLICATION “AS IS”
9.1. The Application shall be used under the discretion and responsibility of the User. The Company makes no representation or warranty as to the accuracy, adequacy or effectiveness of any information derived from the Application, including any Third Party Content or prices for services offered by Travel Service Providers that are displayed in the Application.
9.2. The Application may contain Links to Third Party Content. The Company has no control over, and assumes no responsibility for any Third Party Content. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Content.
9.3. The Application is provided "as is" and "as available", with all faults and defects and without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly denies all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
9.4. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind: (i) that the Application will meet any User requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected, (ii) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (iii) that the Application will be uninterrupted or error-free; (vi) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (v) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
9.5. In the event that any of the exclusions and limitations set forth in this Clause 5 is not allowed or enforceable under national mandatory law, such provision shall be applied to the greatest extent enforceable under the law applicable to the User.
10. LIABILITY
10.1. The liability of the Company towards a single User is at all times limited to €500. This Clause is not applicable to physical damage or death suffered by a User as a result of the Company’s gross or negligent misconduct, or any damage resulting out of wilful misconduct or fraud.
10.2. In case of a breach of the Company’s obligations under the Agreement, its liability is limited to the typically occurring foreseeable damages.
10.3. To the maximum extent permitted by applicable law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, etc.).
10.4. The Company can never be held liable for any damage in relation to services, products or information provided by a Travel Service Provider.
11. INDEMNIFICATION
To the maximum extent permitted by applicable law, the User agrees to indemnify and hold the Company harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) a breach of these Terms and Conditions or the Agreement, (ii) an improper use of the Application, (iii) a breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by the User’s gross negligence, wilful misconduct or fraud.
12. FORCE MAJEURE AND IMPRÉVISION
12.1. The Company shall in no event be liable towards the User if the normal use of the Application or the performance of the Company’s obligations towards the User (under these Terms and Conditions or otherwise) is prevented or delayed by an event of Force Majeure or Imprevision.
12.2. Upon the occurrence of an event of Force Majeure or Imprevision, the Company will make reasonable efforts to notify Users of the nature and extent of such event. Efforts will be made to restore the Application to its normal state or resume performance as soon as possible following the event. However, during the duration of the event of Force Majeure or Imprevision, the obligations of the Company will be suspended.
13. TERMINATION
13.1. The User may terminate this agreement at any time by sending us an email or by deleting its account.
13.2. The Company has the right to terminate or suspend the Agreement and, accordingly, the access of a User to the Application immediately, without prior notice or liability, (i) in case of a wrongful or irregular use of the Application, (ii) in case of a material breach of these Terms and Conditions by the User Platform, (iii) in case of a violation of applicable laws, (iv) if such action is necessary to protect the personal safety or property of the Company, or (v) if the User’s account has been inactive for more than two years.
14. LAW AND FORUM
14.1. These Terms and Conditions and the Agreements are governed by Belgian law, within prejudice to provision of mandatory law of the place of residence of the User who is a Consumer.
14.2. All disputes arising from the Agreement or these Terms and Conditions will be submitted exclusively to the competent courts in Leuven (Belgium) or Brussels (Belgium), unless the Users benefits from more favourable mandatory provisions in its capacity as a Consumer.
15. MISCELLANEOUS
15.1. Severability. If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
15.2. Waiver. Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
15.3. Transfer of rights and obligations. The Company has the right to transfer its rights and obligations under an Agreement to third parties. In the event of such a transfer, the Company must inform the User about this in advance and the User is entitled to terminate the Agreement, in which case the Company will not be liable for any damages.
15.4. Third-Party Services. The Application may contain Links or Third Party Content that are subject to different terms and privacy practices. The Company is not responsible or liable for any aspect of such Third Party Content and Links are not an endorsement.
15.5. Third Party Terms.
15.5.1. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
15.5.2. If you access or download our application from the Google Play Store, you agree to the Google Play Terms of Service.
15.6. Changes to the Terms and Conditions. The Company reserves the right, at its sole discretion, to modify or replace the Terms and Conditions at any time. By continuing the use of the Application, the User will be deemed to have accepted any amended terms. The User will be informed of these amendments in accordance with Belgian consumer law, at the latest on the date of their implementation.
15.7. Contact. If you have any questions about these Terms and Conditions, You can contact us by email: info@cumbaya.info.