ARTICLE 1: SERVICE DESCRIPTION

Unaira will provide a standard white-label version of its existing Destination Services Platform. By agreeing to the terms of this agreement, the Affiliate agrees to a contract with Unaira GmbH for use of the Unaira Destination Service Platform. This contract constitutes a standard white label agreement; no modifications to the Unaira platform are allowed.

If you, the Affiliate, use Amadeus GDS as your primary GDS solution in the United Kingdom, the United States, Canada, Germany, Austria and/or France, you should contact Amadeus to access Unaira Destination Services Platform content. Unaira may and will refuse access to Destination Services Platform content in cases where Unaira can prove that you, the affiliate, are an Amadeus User and use Amadeus for your primary GDS solutions.

The white label service will be hosted on Unaira’s servers. Affiliate will host and maintain their own web sites at their own expense.

Affiliate will offer customer support to it’s own clients. Unaira will provide customer support by email and phone to Provider and third party consumer when required.

ARTICLE 2: ASSIGNMENT

In the event that Unaira GmbH should be dissolved, liquidated, or assigned, this contract will be automatically transferred to and administered by Unaira, LLC, a limited liability company headquartered in Greenville, South Carolina in the United States America.

Except as outlined in the immediately aforementioned language, neither party may assign this Agreement without the prior written consent of the other party, except that either party may, without the consent of the other, assign the Agreement to a controlled subsidiary of that party or a purchaser of all or substantially all of that party's assets used in connection with performing this Agreement, provided the assigning party guarantees the performance of and causes the assignee to assume in writing all obligations of the assignor under this Agreement. The rights and obligations of this Agreement shall bind and benefit any successors or assigns of the parties.

ARTICLE 3: PRICING

Unaira agrees to pay provider Forty percent (40%) of the net revenue from all consumed transactions. The payment for these consumed transactions will be paid by Unaira to Affiliate on a quarterly basis, and no payment will be made until the amount owed to Affiliate by Unaira has reached Fifty U.S. Dollars ($50).

For purposes of this agreement, net revenue is defined as gross profit minus settlement fees and interest payable.

ARTICLE 4: TERMS OF PAYMENT

All payments will be made by Unaira to Affiliate via the following services:

1. PayPal. Should Affiliate elect to use PayPal, it is necessary to first create a PayPal account. Once an account has been created, the Provider must then submit the account information to billing@unaira.com.

ARTICLE 5: TERM

This agreement shall constitute a One (1) year contract between Unaira and you, the Affiliate. At the conclusion of One (1) year, the contract will automatically renew unless either party provides Sixty (60) days written notice prior to the desired termination date of the contract. Early termination by either party is permitted with Sixty (60) days advanced written notice.

Unaira shall reserve the right to terminate the contract immediately should it deem the Affiliate’s site to be one representing, displaying or promoting objectionable content. Objectionable content, for purposes of this agreement, shall include, but is not limited to, adult content (pornography), hate content, content that promotes violence, content that is libelous, defamatory, threatening, or abusive, content of a politically extreme or controversial nature, or any other content that Unaira deems to be inappropriate, objectionable or extreme.

Unaira GmbH's Terms and Conditions

Affiliate understands that this white label services agreement is subject to the following Terms and Conditions. By agreeing to this white label services agreement, Affiliate indicates a willingness to be bound, unequivocally, to the following Terms and Conditions. Any violation of the following Terms and Conditions can result in an immediate termination of any and all contractual relationships between Unaira and Affiliate.

Unaira GmbH offers a variety of tours, tickets and services ("products") through the Activities & Entertainment ("A&E") platform. This product offering is a consolidated list of items from our various suppliers and/or service providers ("suppliers").

Because our Terms & Conditions contain legal obligations, we encourage you to read them carefully. They form the basis on which booking transactions, initiated through the A&E, are accepted by Unaira GmbH.

Additional terms and conditions of the supplier may exist for each product. Unless otherwise stated, purchases made through Unaira GmbH are subject to the Terms & Conditions imposed by the supplier with whom you elect to deal; in all booking arrangements, the person making the booking shall be deemed to have accepted these Terms & Conditions on behalf of the persons named in the booking. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. Any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your customers being denied access to the applicable travel product or services, the forfeiture of any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

No variation to these Terms & Conditions shall be of any effect unless made in writing by and with the authority of Unaira GmbH.

Terms & Conditions of Use

1. By using A&E, you agree to be legally bound by these Terms & Conditions, which shall take effect immediately upon using A&E.
2. If you do not agree to be legally bound by all the following Terms & Conditions, please do not book with A&E.
3. Unaira GmbH may change these Terms & Conditions at any time by posting changes online. Please review these Terms & Conditions regularly to ensure you are aware of any changes made by Unaira GmbH. Your continued use of A&E after changes are posted legally binds you to the Terms & Conditions as updated and/or amended.
4. As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement, (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act, (v) all information supplied by you on this Website is true, accurate, current and complete.
5. You may not copy, reproduce, republish, download, post, broadcast, or otherwise use A&E content (including, but not limited to, text, images, URLs, and pricing information, ) in any manner without written authorization of Unaira GmbH signed by an officer of Unaira GmbH (if you're interested in becoming a Unaira GmbH affiliate, please click here for more information).
6. You agree to use A&E only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of A&E.
7. Your use of A&E sites is intended to be consistent with the normal professional business practices of a travel agency and/or to make legitimate requests to book the products or services offered. By accessing A&E sites, you agree not to make any speculative, false or fraudulent requests. Additionally, by accessing these sites, you agree not to use robots or other automated means to access these sites, unless specifically permitted by Unaira GmbH.
8. Unaira GmbH retains the right at our sole discretion to deny anyone access to this Website and the services we offer, at any time and for any reason, including, but not limited to, violation of this Agreement.

Product Validity, Modifications & Amendments

9. Unaira GmbH strives to ensure that all products, tours and services offered through Unaira GmbH are valid as per the dates displayed on A&E. Unaira GmbH is not responsible or liable for any information that it does not directly provide.
10. Occasionally our suppliers and/or service providers make changes to tour dates, prices, inclusions, coverage, age requirements, etc. As a result, Unaira GmbH reserves the right to cancel, change or substitute any service, tour, ticket or product that you have booked, at any time, for any reason. When we are informed in advance by our agents, service providers and/or suppliers of a significant change to a booking and/or to a tour, product or event, we make every reasonable effort to notify the consumer, travel agent and/or distributor as appropriate, in order to amend or re-issue the booking where feasible.
11. Cancellations or refunds/partial-refunds to a booking may be possible, but this depends on the product and the provider. The cancellation policy applicable to an individual product is stated on the product information page. Not all products are cancelable. Cancellation fees apply. No guarantees can be made that refunds of any kind are available for cancelations.
12. Modifications are possible on a case-by-case basis depending on the product and the provider's policy. A minimum service fee may apply for any modifications. Higher fees may apply depending on the product.
13. Customers should contact providers directly to arrange modifications. Provider contacts are printed on product vouchers.
14. No guarantees can be made that modifications to a booking will be possible.
15. If an event or product is cancelled by the provider, refunds may be possible subject to a minimum service fee. Contact Unaira Customer Service if your event or product has been cancelled and we will make our best efforts to refund your purchase (less our service fee).
16. Activities cannot be transferred from one person to another.

Pricing & Inclusions/Exclusions

17. Prices listed on A&E are per person, unless otherwise specified.
18. Prices are based on the local tariff at the time of quoting.
19. Currency conversion rates found in the converter tool are based on various publicly available sources and should be used as guidelines only. The information supplied by this application is believed to be accurate, but Unaira GmbH does not warrant or guarantee such accuracy, and shall not be bound by the conversion rates quoted. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
20. Price quotations are subject to change without notice, until a booking has been confirmed.
21. Unless otherwise specified, prices do not include any local taxes or use-fees, including, but not limited to, foreign departure, security, port charges, park fees, customs, immigration, agricultural, passenger-facility charges or international transportation tax.
22. Prices do not include tips/gratuities to tour directors, drivers or local guides; passport and visa fees; baggage and personal insurance; any items of a personal nature; and any beverages or food not specifically listed under "Inclusions" on the product pages of A&E.
23. Payment will be listed as ACTIVITIES BY UNAIRA on credit card statements.

Lowest Price Guarantee

24. If you find a lower price for the same product in our Tours & Activities or Transfers & Services sections within 48 hours following your confirmed reservation on this website, Unaira GmbH will refund you the price difference.
25. Products in our Event Tickets section are not covered by this guarantee.
26. To submit a refund request, you have to submit a form through our Lowest Price Guarantee page, or send a letter within 48 hours of your purchase to:
    
    Unaira Price Tracker
    PO Box 6513
    Greenville, SC 29606
    
27. We will contact you via the email address you provided. In case we are not able to replicate the lower rate, we may request more information from you. For this reason, please keep copies of all relevant documentation.
28. Once we have verified the lower price, we will refund the difference to the credit card charged for the purchase in about 7 - 10 business days.
29. The Lowest Price Guarantee applies only to prices available to the general public. Excluded are:
• 29.1 Membership rates, corporate rates or special discounted rates;
• 29.2 Products purchased through loyalty schemes or other reward or incentive programs;
• 29.3 Products purchased through coupon promotions or won through contests;
• 29.4 Promotional packages, deals, or bundles that may include additional services.
30. Unaira GmbH reserves the right to reject any claims that cannot be verified, or for which you have provided incomplete information.
31. Unaira GmbH reserves the right to modify or cancel the Lowest Price Guarantee at any time without prior notice. Any modification or cancellation is effective immediately upon posting on this Website.

Product and Service Vouchers

32. In some cases, a personalized voucher for a tour, event or service booked may be provided. In order to access and print these voucher(s), you will be provided access to a secure webpage hosted by Unaira GmbH that contains a link to these voucher(s).
33. If a voucher is required, you will be notified during the booking process and the original, authentic voucher must be provided to the appropriate service provider in order to redeem the tour, ticket, or package. The reservation cannot be honored or redeemed without presenting a valid voucher.
• 33.1 For security purposes, the lead traveler named on the voucher will be asked to present a valid photo ID and to sign the voucher at the time of redemption. This is for identification purposes and helps us to prevent fraud and credit-card misuse.
• 33.2 Please note that you will not be allowed to redeem your tour, ticket, or package and denied refund if a valid photo ID matching the name of the lead traveler is not presented at the time of redemption.
34. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Unaira GmbH urges passengers to review travel prohibitions, warnings, announcements and advisories.
35. It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
36. As visa and health requirements are subject to change without notice, we recommend that you verify health and visa requirements with the appropriate consulate prior to departure.
37. We strongly recommend that your customer(s) purchase a comprehensive Travel Insurance Policy prior to departure. If they cancel their trip or significantly alter travel dates, many policies will reimburse the cost of cancellation fees and related expenses.
38. TRAVEL INVOLVES, BY ITS NATURE, VARYING DEGREES OF INHERENT RISK, WHICH CAN DEVIATE GREATLY DEPENDING ON THE DESTINATION AND ACTIVITY. BY OFFERING FOR-SALE TRAVEL SERVICES FOR PARTICULAR INTERNATIONAL DESTINATIONS UNAIRA GMBH IN NO WAY REPRESENTS OR WARRANTS THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

Disclaimers & Limitations of Liability

39. UNAIRA GmbH IS NOT A PROVIDER OF ANY TOURS. THE ACTUAL PROVIDER OF TOURS AND SERVICES IS RESPONSIBLE AND/OR LIABLE FOR ANY SERVICES OR TOURS PROVIDED TO THE EXTENT THERE EXISTS SUCH RESPONSIBILITY OR LIABILITY.
40. In the event of gross negligence or willful misconduct by Unaira GmbH, its managerial staff, legal representatives, or any other vicarious agents, Unaira GmbH, shall only be liable to the extent mandated by Swiss law.
41. In the event of any slight negligence on the part of Unaira GmbH, its managerial staff, legal representatives, or vicarious agents, no liability shall exist on the part of Unaira GmbH in cases where no significant contractual obligation was breached and impossibility or default do not occur.
42. Liability for slight negligence shall be limited to normal foreseeable damages consistent with the contract, and the maximum sum for such normal foreseeable damages in these cases shall be One hundred Euros (100€) per damage case.
43. Unaira GmbH shall not be liable in any instance where a subscriber fails to report malfunctions immediately to Unaira Customer Service. Additionally Unaira GmbH shall not be liable for the correctness and accuracy of providers’ data transmitted via Unaira, the availability of providers’ computers, the delivery of the data transmitted to Unaira, or any further transmission of data by the provider to third party computers. Furthermore, Unaira GmbH shall not be liable for any aspect of any agreement made between providers and contracting parties via Unaira GmbH.
44. Under no circumstances shall Unaira GmbH or its agents, affiliates, service providers, suppliers, and/or distributers be liable for any of, but not limited to, the following types of losses or damages, whether foreseen, foreseeable, known or otherwise:
• a) loss of data
• b) loss of revenue, or anticipated profit,
• c) loss of business,
• d) loss of opportunity,
• e) loss of goodwill or injury to reputation,
• f) losses suffered by third parties,
• g) any indirect, consequential, special, or exemplary damages arising from the use of A&E regardless of the form of action.
45. Unaira GmbH and its agents and suppliers, in making arrangements for hotels, tours, transportation or any service, shall not be liable for injury, damage, loss, accident, delay or irregularity, liability or expense to person or property due to act of default by any supplier providing services.
46. Furthermore, Unaira GmbH and its agents and suppliers accept no responsibility for any sickness, pilferage, labor disputes, machinery breakdown, government restrains, acts of war and/or terrorism, weather conditions, acts of nature, defect in any vehicle of transportation or for any misadventure or casualty or any other causes beyond their control.
47. Unaira GmbH's content - including the information, names, images, pictures, logos, prices, dates, and availability regarding or relating to Unaira GmbH, A&E, service provider, operator and/or distribution partner - is provided "AS IS" and on an "AS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
48. Unaira GmbH community content - users of the site may submit personal editorial opinions, in the form of, but not limited to reviews, suggestions, and journal entries. Unaira GmbH requires that you agree to follow the following basic rules of conduct when using this Site:
• 48.1 You will follow these Terms & Conditions and all applicable laws;
• 48.2 By submitting content to this Website by any method including, but not limited to, electronic mail, postings on this Website or otherwise, including any hotel reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Unaira GmbH and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission, if they choose., You further acknowledge that Unaira GmbH may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion.
• 48.3 You will only provide truthful and accurate information;
• 48.4 You will not harass, threaten or otherwise abuse other people when using this Site in any manner;
• 48.5 You will not interfere with others' use of this Site, including by interrupting other users' sessions, or otherwise act in a way that negatively affects other users' use of this Site;
• 48.6 You will not post any content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights;
• 48.7 You will not collect or store personally identifiable information about any other individual on this Site, or otherwise stalk, repeatedly contact or harass another user;
• 48.8 You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Unaira GmbH; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
• 48.9 You will not post any content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt this Site we provide, users' ability to enjoy this Site, or the proper functioning of any software, hardware or equipment or materials used in connection with this Site;
• 48.10 You will not use any information on this Site for any commercial purposes, except, as expressly authorized by Unaira GmbH;
• 48.11 You will not search, mine or link any data or information to or through this Site without Unaira GmbH's express consent and authorization; and
• 48.12 You will not send any bulk unsolicited advertising, promotional information, email or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of this Site.
• 48.13 If you violate any of the guidelines set forth above or any other aspect of these Terms & Conditions, we reserve the right to suspend or terminate your rights to use this Site without giving you any notice.
• 48.14 The Submissions, postings, reviews, observations, suggestions and opinions found in the community content are not the opinions, suggestions, recommendations or observations of Unaira GmbH, or its employees or agents, and Unaira GmbH in no way warrants or guarantees the advisability or safety of the suggestions, opinions or recommendations found therein. Any adherence to a recommendation, suggestion, review or opinion found in the community content section, or any information gathered there from, is done so solely at the risk of the visitor to the site.
• 48.15 You further grant Unaira GmbH the right to pursue at law any person or entity that violates your or Unaira GmbH's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. If you do not agree to these Terms & Conditions, please do not provide us with any Submissions.
49. You may choose or be given a password to use in connection with some of the pages on this Site. You shall never give your password to anyone, and it is your sole responsibility to maintain and keep all user names and passwords confidential. Furthermore, you are solely responsible for any and all activities that occur under the account. You shall notify Unaira GmbH immediately of any unauthorized use of any account or any other breach of security. Unaira GmbH cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements. You shall be solely responsible for all use of your account and password and all consequential, indirect, exemplary, special or incidental damages resulting there from.
50. Unaira GmbH believes in protecting your privacy. Any information that we may collect from you during your use of this Site is subject to our Privacy Policy. For the full text of our Privacy Policy, please click here.
51. Unaira GmbH may provide links from or to other sites maintained by third parties. Unaira GmbH has not reviewed or endorsed these linked sites, and you hereby acknowledge and agree that Unaira GmbH shall not be responsible for the content, products or services offered in such sites. To the extent applicable, you are responsible for compliance with all local laws regarding material obtained from this Site or any linked sites.
52. Unaira GmbH does not warrant that functionality, content or information contained on A&E will be uninterrupted or error free, that defects will be corrected, or that Unaira GmbH or the servers that make it available are free of viruses or bugs.
53. If any of these Terms & Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms & Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term or conditions is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms & Conditions and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. In this event, the remaining terms and conditions shall be construed, and, if necessary, amended in a way to give effect to, or to approximate, or to achieve a result which is as close as legally possible to the result intended by the term or condition hereof determined to be illegal, invalid or unenforceable.
54. This Agreement is governed exclusively by the substantive law of the State of South Carolina, in the United States of America. Any dispute, controversy or claim arising out of or in relation to this agreement, including the validity, invalidity, breach or termination thereof shall exclusively be settled by a Court in Greenville County, South Carolina, United States of America.

INDEMNIFICATION

Any and all contractual relationships that are formed between Unaira and individual outside parties for access to the A&E platform for use as part of the normal, professional business operations of a travel agency or Unaira Affiliate exist solely between Unaira and said travel agency or Affiliate. Such contractual relationships in no way extend to outside third parties, such as customers of a travel agency or Affiliate, and Unaira in no way extends any guarantees, warranties, liabilities or any type of responsibilities or obligations, contractual or otherwise, to such third parties, including, but not limited to, customers of travel agencies or Affiliates that use A&E to book travel services.

You agree to defend and indemnify Unaira GmbH, its Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by your customers or other third parties as a result of, but not limited to,:

(a)your breach of this Agreement or the documents referenced herein;
(b)your violation of any law or the rights of a third party; or
(c)your use of this Website and the A&E Platform.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are: ©Unaira GmbH. All rights reserved. Unaira GmbH is not responsible for content on websites operated by parties other than Unaira GmbH. The Unaira logo is a registered trademark of Unaira GmbH in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

If you are aware of an infringement of our brand, please contact Unaira customer service.