Terms and conditions

1. Acceptance of Terms & Overview

By accessing or using the PortTrip app or website (“Service”), you agree to be bound by these Terms and Conditions (“Terms”), our Privacy Policy, and any other rules or policies.

2. Changes to Terms & User Notification Policy

We may modify these Terms at any time without prior notice. If we make significant changes, we will notify you through app notifications, email, or by posting the updated Terms on our website. Your continued use of the Service after changes are made constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

3. User Account & Security Responsibilities

To use certain features of the Service, you must create an account. You agree to provide accurate and complete information and to keep your account credentials secure. You are fully responsible for all activities under your account, and you must notify us immediately of any unauthorized use or breach of security. PortTrip reserves the right to suspend or terminate accounts suspected of fraudulent activity or breach of these Terms.

4. Payment Terms, Fees, Subscriptions, & Refunds

  • Payment Methods & Billing: Payments are securely processed through third-party providers. You agree to pay all fees and taxes associated with your use of paid services. Payments are made in the currency specified during checkout and are subject to applicable taxes.

  • Subscriptions & Renewals: If you subscribe to a paid Service, it will automatically renew at the end of each subscription period unless canceled. You can cancel your subscription via app settings or by contacting support. Cancellations take effect at the end of the current billing cycle.

  • Refund Policy & Disputes: All payments are final and non-refundable except as required by law or as specified in our refund policy. If you have a dispute over a charge, you must notify us within 30 days. Unauthorized chargebacks may result in account suspension.

  • Pricing Changes & Notifications: Prices for services may change, and we will notify you of any price changes in advance. Continued use of the Service after the change signifies acceptance.

5. Third-Party Bookings & Affiliate Services

The Service may contain links to third-party websites or services for booking excursions, accommodations, and other travel activities. These links do not imply endorsement, and PortTrip is not responsible for any third-party content, bookings, or interactions. Your booking is subject to the third-party provider's terms and conditions, and any disputes must be resolved directly with them. We may receive commissions for some third-party bookings, which does not influence our impartiality in service recommendations.

6. Intellectual Property & User-Generated Content

PortTrip owns all content, software, and materials provided on the Service. You may not copy, modify, distribute, or use any of our intellectual property without explicit permission. By posting user-generated content, you grant PortTrip a non-exclusive, royalty-free, worldwide license to use, modify, and distribute your content. You are solely responsible for the content you post, and it must not violate any third-party rights or laws.

7. Privacy, Data Collection, & User Consent

Your privacy is important to us. Our Privacy Policy outlines how we collect, use, and share your data in compliance with applicable data protection laws, including GDPR. By using the Service, you consent to the collection, storage, and use of your data as described in the Privacy Policy. You have the right to access, correct, or delete your data, subject to legal requirements.

8. Disclaimers of Liability & Assumption of Risk

  • Accuracy & Reliability: PortTrip strives to provide accurate and up-to-date information, but we do not guarantee the accuracy, completeness, or reliability of any content.

  • Assumption of Risk: By using the Service, you assume all risks associated with travel, excursions, and third-party activities. It is your responsibility to verify all arrival and departure times, transportation options, local regulations, weather conditions, and other factors that may impact your trip.

  • No Liability for Missed Ships or Itineraries: PortTrip is not liable for any loss, damage, or expense resulting from missed cruise ships, changes in schedules, or disruptions to your itinerary. You agree that planning, transportation, and timely arrival at your cruise ship are solely your responsibility.

  • Exclusion of Liability: PortTrip is not liable for any indirect, incidental, special, or consequential damages arising from your use or inability to use the Service, even if advised of the possibility of such damages.

9. Force Majeure, Limitations of Liability, & Exclusions

PortTrip is not liable for any failure to perform due to unforeseen events or circumstances beyond our reasonable control, including natural disasters, war, pandemics, government actions, technology outages, or third-party disruptions.

10. Indemnification & Hold Harmless Clause

You agree to indemnify, defend, and hold harmless PortTrip, its affiliates, officers, directors, employees, agents, licensors, and suppliers from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

11. Termination of Service & Account Suspension

PortTrip reserves the right to terminate or suspend your account at any time, for any reason, including breach of these Terms, fraudulent activity, or other prohibited actions. Upon termination, your right to use the Service ceases immediately, and any unused services will not be refunded. Users may request account reinstatement by contacting support.

12. Dispute Resolution, Mediation, Arbitration, & Governing Law

  • Initial Dispute Resolution: For any disputes arising from these Terms, please contact our support team to resolve the issue informally.

  • Arbitration & Mediation: If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the rules of the Netherlands Arbitration Institute (NAI). Costs of arbitration will be shared based on the outcome, and it will be conducted in English in the Netherlands.

  • Governing Law & Jurisdiction: These Terms are governed by the laws of the Netherlands, and any disputes not resolved through arbitration will fall under the exclusive jurisdiction of Dutch courts.

13. General Provisions, Severability, & Waivers

If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full effect. Failure to enforce any right or provision of these Terms by PortTrip does not constitute a waiver of such right or provision.

14. Force Majeure & Unforeseeable Events Protections

PortTrip will not be held liable for delays or failures in performance caused by events beyond our control, including natural disasters, civil disturbances, power outages, or any other force majeure event.

15. Legal Definitions & Interpretation Rules

Terms such as “Service,” “Content,” “Subscription,” “Force Majeure,” and “User” are defined throughout these Terms. Any ambiguities in interpretation will be resolved in favor of PortTrip.

16. Contact Information & Support Channels

For any questions, concerns, or support needs regarding these Terms, please contact PortTrip at info@porttrip.com.