Terms and Conditions

1. Introduction and Acceptance of Terms

1.1 Purpose of These Terms

These Terms and Conditions (“Terms”) govern the use of the Panda Trip platform (“Platform”) provided by MXZ Tech Solutions Pty Ltd (“we,” “us,” “our”). By accessing or using the Platform, including browsing our website or making a booking, you (“User,” “Customer,” “Traveler”) agree to be bound by these Terms.

1.2 Legal Agreement

  • MXZ Tech Solutions Pty Ltd, the operator of the Platform, and
  • You, the individual or entity using the Platform.

By continuing to use the Platform, you acknowledge that you have read, understood, and accepted these Terms. If you do not agree with these Terms, please do not use our Platform.

1.3 Updates to Terms

We may update these Terms from time to time. The updated Terms will be effective upon posting on our website or notifying users. By continuing to use the Platform after such updates, you accept the revised Terms.

1.4 Additional Agreements

Some services offered through the Platform may be subject to additional agreements, such as supplier contracts, privacy policies, or booking confirmations. In the event of any conflict between these Terms and additional agreements, the additional agreements will prevail for the specific service in question.

1.5 Eligibility

By using the Platform, you confirm that:

  • You are at least 18 years old or have the legal capacity to enter into this agreement.
  • All information you provide during the booking process is accurate and complete.

1.6 Supplier Terms

By making a booking through Panda Trip, you acknowledge that the travel services (e.g., accommodations, tours, transportation) are provided by third-party Service Providers (“Suppliers”) and are subject to their Supplier Terms. These terms may include:

  1. Rules and restrictions on the use and availability of services.
  2. Refund and cancellation policies.
  3. Limitations or exclusions of liability for personal injury, delays, or loss of property.

It is the User’s responsibility to obtain and review all applicable Supplier Terms. In the event of any inconsistencies, Panda Trip’s Terms and the Travel Offer details shall prevail unless explicitly stated otherwise.

Definitions

  1. Platform: Refers to the Panda Trip website and any associated applications or services provided by MXZ Tech Solutions Pty Ltd for facilitating bookings and travel-related services.
  2. Service Providers: Third-party entities or individuals offering travel-related services, including but not limited to:
    • Accommodation providers (e.g., hotels, resorts)
    • Transportation services (e.g., airlines, car rentals)
    • Tour operators
    • Travel insurance providers
    • Other ancillary service providers
  3. Users or Customers: Individuals or entities using the Panda Trip Platform to browse, book, or inquire about travel-related services.
  4. Booking: The process of reserving travel-related services through the Panda Trip Platform.
  5. Force Majeure: Refers to unforeseeable and unavoidable events beyond the reasonable control of either Panda Trip or the Service Providers that prevent or hinder the fulfillment of obligations under these Terms. Such events include, but are not limited to:
    • Natural disasters (e.g., earthquakes, floods, hurricanes)
    • Government actions (e.g., travel bans, new regulations)
    • Pandemics or epidemics
    • Civil unrest, wars, or terrorism
  6. Cancellation: The act of terminating a confirmed booking by either the User, Service Provider, or Panda Trip under the conditions set out in these Terms.
  7. Refund: A repayment to the User for a cancelled booking, subject to the Refund Policy and the terms of the Service Providers.
  8. Non-Refundable Items: Components of a booking that cannot be refunded under any circumstances, as explicitly stated during the booking process or in these Terms.
  9. Travel Insurance: A financial product designed to cover potential travel-related risks such as cancellations, medical emergencies, and property loss. Users are responsible for obtaining their own travel insurance unless otherwise specified by the Service Provider.
  10. Service Fees: Fees charged by Panda Trip for facilitating the booking process, which are non-refundable unless required by law.
  11. Payment Gateway: The third-party service (e.g., Stripe) used to securely process payments made by Users on the Panda Trip Platform.
  12. Force Majeure Policy: A specific policy outlining the handling of cancellations, refunds, or adjustments due to Force Majeure events.
  13. Dispute Resolution: The process outlined in these Terms to resolve conflicts or disagreements between Users, Service Providers, and/or Panda Trip.
  14. Stripe: The third-party payment gateway service provider used by Panda Trip to securely process payments and refunds. All transactions made through the Platform are subject to Stripe's terms and conditions, including any applicable fees, refund policies, and processing times. Users acknowledge and accept that Panda Trip is not liable for any delays or disputes arising from Stripe's services.

2. Platform’s Role and Responsibilities

2.1 Panda Trip’s Role

Panda Trip operates as a booking intermediary. We provide a platform that connects customers (“Users”) with third-party service providers (“Suppliers”) offering travel-related services, including but not limited to:

  • Tour packages
  • Accommodation
  • Transportation
  • Other travel-related services

Panda Trip does not act as a direct provider of the travel services listed on the Platform. Instead:

  • We assist Users in booking these services with Suppliers.
  • Travel services are delivered by Suppliers and are subject to their terms and conditions.

2.2 Responsibility for Services

While we strive to work with reliable and professional Suppliers, Panda Trip is not responsible for:

  1. The quality, safety, or performance of services provided by Suppliers.
  2. Any delays, cancellations, or other changes made by Suppliers.
  3. Errors, omissions, or misinformation provided by Suppliers.

All disputes or claims related to travel services must be resolved directly between the User and the Supplier, as governed by the Supplier's terms.

2.3 Limited Liability

To the fullest extent permitted by law, Panda Trip shall not be held liable for:

  • Damages arising from the use of the Platform or services provided by Suppliers.
  • Events beyond our control, such as force majeure, natural disasters, or Supplier insolvency.
  • Personal injuries, loss of property, or other incidents occurring during the travel.

2.4 Recommendations

We recommend all Users:

  • Carefully review the details of services offered before making a booking.
  • Obtain comprehensive travel insurance to cover unforeseen circumstances.

2.5 Support and Assistance

Panda Trip offers customer support to assist with bookings and inquiries. While we may provide guidance and facilitate communication with Suppliers, we are not responsible for resolving disputes or fulfilling Supplier obligations.

3. Booking and Payment Terms

3.1 Booking Process

  1. Users can browse and select available travel services on the Panda Trip platform.
  2. During the booking process, Users must provide accurate and complete contact details, including:
    • Full name.
    • Email address.
    • Phone number.
  3. Based on the requirements of the Service Providers, Users may be required to submit additional documents (e.g., passport copies, visas, or other identification documents). Users will be notified of such requirements during the booking process or subsequently.

3.2 Payment Terms

  1. All prices listed on the Panda Trip platform are in Australian Dollars (AUD) unless otherwise specified.
  2. Payments must be made through Stripe, our third-party payment gateway. We currently accept the following card types via Stripe:
    • Visa
    • MasterCard
    • American Express
  3. Users are responsible for any transaction fees charged by Stripe, which will be clearly displayed during the payment process.

3.3 Service Fees

Panda Trip charges a service fee for facilitating bookings. This fee is included in the total price displayed to the User and is non-refundable, except where required by law.

3.4 Cancellation and Refunds

  1. Cancellation by Users:
    • Users may cancel their bookings in accordance with the cancellation policy of the respective Supplier.
    • Panda Trip will process cancellations and refunds based on the Supplier’s terms and conditions. Refundable amounts will exclude non-refundable service fees and transaction charges.
  2. Cancellation by Suppliers:
    • In cases where the Supplier cancels the booking, Panda Trip will assist Users in obtaining a refund or alternative arrangements, as governed by the Supplier’s policy.
  3. Non-Refundable Bookings:
    • Certain bookings, such as promotional offers or last-minute deals, may be non-refundable. Users will be informed of this at the time of booking.

3.5 Refund Processing Time

  1. Refunds will only be processed after Panda Trip has received the corresponding refund from the Service Providers. Panda Trip is not responsible for delays caused by Service Providers.
  2. Once Panda Trip receives the refund from the Service Providers, it will process the refund to the User within 14 business days.
  3. Refunds will be issued using the same payment method used for the original transaction unless otherwise agreed upon.
  4. Users understand and accept that some refunds may take additional time due to delays caused by third-party payment processors or international bank transfers.

3.6 Failure to Make Payment

If full payment is not received by the due date:

  1. The booking may be automatically canceled.
  2. Any deposits made will be forfeited unless otherwise stated.

3.7 Insurance Disclaimer

  1. Supplier Insurance Requirements
    Panda Trip requires its Service Providers to maintain appropriate insurance coverage (e.g., liability insurance) to protect Users during the provision of services. However, Panda Trip cannot guarantee that all Suppliers have complied with this requirement.

3.8 Communication and Account Holder Responsibility

Panda Trip will only communicate with the individual who placed the booking (Account Holder) regarding any bookings or travel arrangements. To protect privacy and maintain consistency, all inquiries and requests must come from the Account Holder. Personal information related to the booking will not be disclosed to external parties except in accordance with Panda Trip’s Privacy Policy or with explicit consent from the Account Holder.

4. Refund Policy

4.1 General Refund Policy

  1. Refund eligibility depends on the cancellation terms of the respective Service Providers.
  2. Panda Trip acts solely as a booking intermediary and does not provide any guarantees for refunds. Refunds are processed according to the policies of the Service Providers.
  3. All refunds are processed through Stripe, our payment gateway partner. Users acknowledge and accept that the refund process is subject to Stripe's policies, including any applicable fees or processing times.
  4. Panda Trip will not be responsible for any delays or restrictions imposed by Stripe during the refund process.

4.2 Non-Refundable Items

  1. The following fees are non-refundable under any circumstances:
    • Panda Trip’s service fees.
    • Payment transaction fees charged by Stripe.
    • Any additional fees explicitly stated as non-refundable during the booking process.
  2. Promotional or discounted bookings are generally non-refundable unless specified otherwise.

4.3 Cancellation Process

  1. Cancellation by Users:
    Users must submit cancellation requests in writing to Panda Trip’s customer service team via [email protected] at least 7 days before the scheduled service date, unless otherwise specified by the Service Providers.
  2. Late Cancellations:
    Cancellations made less than 7 days before the scheduled service date may result in partial refunds, depending on:
    • Service Providers’ cancellation policies.
    • Whether the services (e.g., hotel rooms, tours) have already been confirmed and are non-refundable.
  3. Cancellation Fees:
    Cancellation fees may apply as follows:
    • Up to 20% of the booking price for cancellations made less than 7 days before the scheduled service.
    • Full forfeiture of fees for cancellations made less than 72 hours before the scheduled service, unless otherwise specified by the Service Providers.
  4. Confirmation of Cancellation:
    Panda Trip will confirm receipt of the cancellation request and provide further instructions, including any applicable fees or the estimated refund amount.

4.4 Refund Processing Time

  1. Refunds will only be processed after Panda Trip has received the corresponding refund from the Service Providers.
  2. Refunds are processed through Stripe, and Users acknowledge that Stripe's processing time may vary depending on the User's bank and payment method.
  3. Once the refund is initiated through Stripe, it may take up to 5-10 business days for the amount to be reflected in the User's account, depending on Stripe’s policies and the User's financial institution.

4.5 Force Majeure

  1. Definition:
    Force Majeure events include, but are not limited to:
    • Natural disasters (e.g., earthquakes, hurricanes).
    • Pandemics or epidemics.
    • Government restrictions (e.g., travel bans, border closures).
    • Civil unrest or wars.
  2. Refund Limitations:
    In the event of a Force Majeure, refunds may be partially or fully denied depending on the Service Providers’ policies. Panda Trip will work with Users and Service Providers to arrange alternative services or credits where possible.
  3. Travel Insurance Recommendation:
    Users are strongly advised to obtain travel insurance to cover cancellations or disruptions caused by Force Majeure events.

4.6 Requesting a Refund

  1. Submission Requirements:
    Refund requests must be submitted in writing to Panda Trip’s customer service team via [email protected] and must include:
    • Booking reference number.
    • Reason for cancellation.
    • Supporting documents, if applicable (e.g., medical certificates, proof of emergency).
  2. Deadline for Refund Requests:
    Refund requests must be submitted no later than 14 days after the scheduled service date. Requests made after this period will not be considered.
  3. Acknowledgment of Request:
    Panda Trip will acknowledge receipt of the refund request within 3 business days and provide Users with an estimated timeline for processing.

4.7 Refunds Through Stripe

  1. Stripe's Role:
    All payments and refunds are facilitated by Stripe. Users agree to abide by Stripe's Terms of Service and acknowledge that refunds are subject to Stripe's policies.
  2. Processing Fees:
    Any processing fees charged by Stripe, including fees for international transactions or currency conversions, will not be refunded to the User.
  3. Refund Status:
    Users can track the status of their refunds directly through Panda Trip’s customer support or their bank statements.
  4. Disputes with Stripe:
    Any disputes related to payment processing, including refunds, must be addressed to Stripe directly. Panda Trip will assist Users in providing necessary documentation to facilitate resolution.

5. Limitation of Liability

5.1 Role as an Intermediary

  1. Panda Trip acts solely as a booking intermediary, connecting Users with Service Providers (e.g., tour operators, accommodation providers, transportation companies) for travel services.
  2. Panda Trip does not own, manage, control, or operate any of the services provided by the Service Providers.

5.2 No Responsibility for Service Providers

  1. Panda Trip is not responsible for:
    • The quality or standard of services provided by the Service Providers.
    • Any errors, omissions, or changes made by the Service Providers.
    • Delays, cancellations, or other disruptions caused by the Service Providers.
  2. Any disputes regarding the services must be resolved directly between the User and the Service Provider.

5.3 Insurance Disclaimer

  1. While Panda Trip encourages all Service Providers to maintain adequate insurance coverage (e.g., public liability insurance, professional indemnity insurance), Panda Trip cannot guarantee the existence, validity, or adequacy of such insurance policies.
  2. Panda Trip strongly recommends that Users purchase comprehensive travel insurance that covers:
    • Cancellation or changes in travel plans.
    • Medical emergencies and accidents.
    • Personal property loss or theft.
    • Any unforeseen circumstances, including but not limited to force majeure events.
  3. Users acknowledge and accept that any failure to obtain travel insurance is their own responsibility, and Panda Trip will not be liable for any resulting losses or expenses.

5.4 Limitation of Liability

  1. To the extent permitted by applicable law, Panda Trip’s liability is limited to the amount of service fees paid by the User to Panda Trip.
  2. Panda Trip is not liable for:
    • Indirect, incidental, or consequential damages.
    • Personal injury, illness, or death resulting from the use of services provided by the Service Providers.
    • Loss of personal belongings or financial loss incurred during travel.

5.5 User Responsibilities

  1. Users are responsible for ensuring that they meet all travel requirements, including but not limited to:
    • Passport validity and visa requirements.
    • Travel insurance coverage.
    • Health and safety precautions during travel.
  2. Panda Trip strongly recommends Users purchase comprehensive travel insurance to cover potential risks.

5.6 Indemnification

Users agree to indemnify and hold Panda Trip harmless from any claims, damages, losses, or expenses (including legal fees) arising out of:

  • Their use of the platform.
  • Any breach of these Terms and Conditions.
  • Actions or omissions of the Service Providers.

5.7 Travel Insurance Policy

  1. Insurance Requirement:
    Panda Trip strongly recommends that Users obtain comprehensive travel insurance to cover potential travel risks, including but not limited to:
    • Medical emergencies.
    • Trip cancellations or interruptions.
    • Personal property loss or theft.
    • Force majeure events.
  2. Supplier Insurance Disclaimer:
    Panda Trip requires its Suppliers to maintain appropriate insurance coverage but cannot guarantee compliance or adequacy of such coverage.
  3. User Responsibility:
    Users are solely responsible for obtaining their own insurance policies. Any failure to secure adequate insurance is the User's own responsibility, and all associated risks or losses will be borne by the User.

6. Privacy Policy

6.1 Data Collection

  1. Panda Trip collects personal information necessary to provide booking and travel-related services, including but not limited to:
    • Full name
    • Contact information (email, phone number, address)
    • Payment details (processed securely through Stripe)
    • Passport or other identification documents (if required by Service Providers)

6.2 Purpose of Data Collection

  1. Personal information is collected for the following purposes:
    • Facilitating bookings with Service Providers.
    • Communicating with Users about their travel arrangements.
    • Improving the functionality and user experience of the platform.
    • Complying with legal and regulatory requirements.

6.3 Data Sharing

  1. Panda Trip will only share personal information with third parties when necessary to provide services, including:
    • Service Providers (e.g., hotels, tour operators, transportation providers) to fulfill bookings.
    • Payment processors (e.g., Stripe) for secure transaction processing.
    • Legal authorities, if required by law.
  2. Panda Trip will not sell or share personal information with third parties for marketing purposes without explicit consent from the User.

6.4 Data Security

  1. Panda Trip uses industry-standard security measures to protect personal information from unauthorized access, loss, or misuse.
  2. Users' payment details are encrypted and processed securely through Stripe, and are not stored on Panda Trip’s servers.

6.5 User Rights

  1. Users have the right to:
    • Access their personal information stored by Panda Trip.
    • Request correction or deletion of their personal information, subject to legal and business requirements.
    • Withdraw consent for data processing, which may affect the ability to provide services.

6.6 Cookies and Tracking

  1. Panda Trip may use cookies and similar tracking technologies to enhance the user experience on the platform. Users can manage cookie preferences through their browser settings.

6.7 Compliance with Australian Privacy Law

  1. Panda Trip complies with the Privacy Act 1988 and is committed to protecting Users’ privacy rights.
  2. Users can access the full Privacy Policy on the Panda Trip website for additional details.

6.8 Contact for Privacy Concerns

  1. For any privacy-related concerns or questions, Users can contact Panda Trip’s Data Protection Officer at:

6.10 Scope of Application

  1. These Terms and Conditions apply to all bookings and communications made through Panda Trip, including but not limited to those placed:
    1. Online through our website.
    2. Through social media, online chat, or other communication channels directly managed by Panda Trip.
  2. Users agree to be bound by these Terms regardless of the communication method used to make the booking.

7. Dispute Resolution

7.1 Governing Law

  1. These Terms and any disputes arising out of or in connection with them will be governed by and construed in accordance with the laws of the State of Queensland, Australia.

7.2 Jurisdiction

  1. Any legal proceedings related to these Terms must be initiated in the courts of Queensland, Australia. Users agree to submit to the non-exclusive jurisdiction of these courts.

7.3 Resolution Process

  1. Panda Trip prioritizes resolving disputes amicably and efficiently. If Users have any complaints or disputes, they must:
    • Contact Panda Trip’s customer support at [email protected] with a detailed description of the issue.
    • Provide all relevant supporting documents (e.g., booking confirmations, communications with Service Providers).
  2. Panda Trip will respond within 14 business days and aim to resolve the dispute through mutual agreement.

7.4 Mediation

  1. If the dispute cannot be resolved through direct communication, either party may request mediation through a recognized Australian mediation service.
  2. The cost of mediation will be shared equally by both parties.

7.5 Arbitration

  1. If mediation fails, the dispute may be referred to binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA).
  2. Arbitration will be conducted in English, and the decision will be final and binding.

7.6 Limitation of Action

  1. Any claims or actions related to these Terms must be brought within 12 months from the date the cause of action arose.

8. Intellectual Property

8.1 Ownership

  1. All content on the Panda Trip platform, including but not limited to text, images, logos, videos, designs, software, and data, is the exclusive property of Panda Trip or its licensors.
  2. Users are granted a limited, non-exclusive, and revocable license to use the platform and its content for personal and non-commercial purposes only.

8.2 Restrictions

  1. Users are prohibited from:
    • Copying, reproducing, modifying, distributing, displaying, or transmitting any content on the platform without prior written consent from Panda Trip.
    • Using any trademarks, logos, or service marks displayed on the platform without authorization.
    • Attempting to reverse engineer, decompile, or extract the source code of the platform.

8.3 Supplier Content

  1. Content provided by third-party suppliers (e.g., tour descriptions, photos) remains the property of the respective suppliers.
  2. By submitting content to Panda Trip, suppliers grant Panda Trip a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content for marketing and operational purposes.

8.4 User-Generated Content

  1. If Users submit reviews, comments, or other content to the platform, they grant Panda Trip a perpetual, irrevocable, royalty-free, and transferable license to use, reproduce, modify, publish, and display such content in any media.
  2. Users must ensure their submissions:
    • Do not infringe on third-party intellectual property rights.
    • Are not defamatory, offensive, or illegal.

8.5 Violation of Rights

  1. Panda Trip reserves the right to remove any content that violates this clause or is deemed inappropriate.
  2. Users who violate this clause may have their access to the platform suspended or terminated.

8.6 Trademark Protection

  1. The "Panda Trip" name is a registered trademark owned by Panda Trip. Unauthorized use of this name in any context, including but not limited to marketing, branding, or domain registration, is strictly prohibited and may result in legal action.
  2. The Panda Trip logo and other visual elements are not registered trademarks. However, they remain proprietary to Panda Trip and are protected under copyright law. Unauthorized reproduction or imitation is prohibited.
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