Terms of Use
Hello, and welcome to the Pelago Terms of Use (“Terms”). The Terms you see below are important because they:
- Outline your legal rights on Pelago
- Describe the rules everyone needs to follow when using Pelago
- Describe how to resolve any disputes that may arise from your use of Pelago
Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully.
We hope you’re ready to take off on this adventure!
1. Who are we?
We are Pelago. We are owned and operated by Encounters Pte. Ltd., a Singapore incorporated company and a member of the Singapore Airlines group (“SIA”). When we refer to “Pelago”, “we”, “us” or “our” in these Terms, we mean Encounters Pte. Ltd. Pelago enables you to discover, search, book or purchase various products and services, including tours, activities, tickets, restaurant reservations, transportation and other experiences (individually and collectively known as “Services”), which are supplied and/or operated by third parties (“Experience Providers”). You may access our Services through our website (“Website”) or mobile application (“App”), collectively known as our “Platforms”.
2. What am I agreeing to?
When we use “I”, “you”, “your” or “user” in these Terms, we refer to anyone who accesses or uses our Platforms. By accessing or using our Platforms, you acknowledge that you have read and understood these Terms, accept these Terms and agree to be bound by them. You also represent and warrant that you have the legal capacity and authority to enter into a contract with us. If you do not agree with (or cannot comply with) these Terms, please discontinue your access and/or use of our Platforms.
3. Your account
3.1 In the course of using our Platforms, you may need to register and maintain a user account with us (“Pelago Account”). Pelago Accounts cannot be assigned or transferred to another person. You agree not to register or maintain more than one (1) Pelago Account at the same time, unless authorised by us. When you register a Pelago Account with us, you agree to provide and maintain true, current and complete information during registration.
3.2 You are responsible for maintaining the confidentiality of the information and password associated with your Pelago account, and also for any and all activities occurring under your Pelago Account. You must immediately notify us of any unauthorised use of your Pelago account, password or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision. To the maximum extent permitted by applicable laws and regulations, we may, at our sole discretion and at any time, refuse registration of a Pelago Account or cancel an existing Pelago Account without prior notice or liability.
4. Your bookings
4.1 When making a booking through Our Platforms, that booking is made directly with the Experience Provider named on the booking page and our Platforms only act as a facilitator of such a booking. We do not provide, own or control any of the Services that you can access through our Platforms. The Services are owned, controlled or made available by the Experience Providers either directly or as an agent. The Experience Providers are responsible for the Services. Your interaction with any Experience Provider through our Platforms is at your own risk. Pelago does not bear any responsibility should anything go wrong during your travel. The display on our Platforms of a Service or Experience Provider does not in any way imply or suggest any sponsorship or endorsement of such Service or Experience Provider by us, or any affiliation between the Experience Provider and us.
4.2 An Experience Provider may impose additional terms and conditions, rules and restrictions (“Experience Provider Terms”) that will be applicable to your booking. You will be provided with the name of the Experience Provider and the applicable Experience Provider Terms during the booking process. As the Experience Provider Terms applicable for each Service may vary, you should ensure that you fully understand and accept each of the applicable Experience Provider Terms before completing your booking. If you are booking on behalf of other persons, you are required to ensure that they are aware of and agree to the applicable Experience Provider Terms. If you fail to comply with the Experience Provider Terms, the Experience Provider has a right to refuse or cancel your booking without offering any refunds. For enquiries about the Experience Provider’s products and services or its Experience Provider Terms, please contact the Experience Provider directly.
4.3 After making a booking, you will be notified by us with a confirmation (“Booking Confirmation”) and an associated confirmation number (“Booking Confirmation Number”). Depending on the policy of the Experience Provider, the Booking Confirmation may contain a voucher for redemption (“Booking Voucher”). Neither we nor the Experience Provider will be responsible for Booking Confirmation Numbers or Booking Vouchers that are lost, stolen or destroyed.
4.4 To utilise your booking, you will need to appear in person at the meeting point designated and at the stipulated time, and present such documents and/or information as may be required by the Experience Provider, who is solely responsible for accepting your Booking Confirmation. If you fail to appear for a booking (“No-Show”), or fail to utilise a booking within the specific time period that it is valid for, your booking cannot be re-used and you will not be eligible for any refunds.
4.5 We reserve the right to deny and cancel any bookings that we deem to be in violation of these Terms, at our sole discretion and without any refunds. If, despite being in compliance with these Terms and the Experience Provider’s Terms, you are unable to utilise your booking due to the fault of the Experience Provider or otherwise, please contact us.
5. Your travels
It is your responsibility to ensure that you satisfy all legal requirements when entering a country, including visa and health requirements. As these requirements are subject to change without notice, Pelago recommends that you verify with the appropriate consulate prior to departure. It is your responsibility to ensure that you are either insured by your own insurance company, or by the Experience Providers who may provide insurance coverage. Pelago takes no responsibility in the insurance process, and recommends that you are sufficiently covered with a comprehensive travel insurance policy prior to departure.
6. Purchasing & payments
6.1 When booking products and services on our Platforms, you will be quoted a price that needs to be paid before the booking is confirmed. All prices shown are on a per person basis, unless otherwise specified. All prices are subject to changes at any time prior to purchase, and you should refer to the latest published prices before making any purchase. Although our Services are currently free for all users, Pelago reserves the right to require additional charge(s) for the use of its Platforms and/or Services at any time, including but not limited to booking fees or processing fees for certain payment methods. Any new or increased charges will be notified to you via email or posting on our Platforms, and your use of our Platforms and/or Services following such notification constitutes acceptance.
6.2 When you complete your purchase, you will be notified of the payment methods that are acceptable for that purchase. If there is a processing fee charged for the use of a payment method, this will be notified to you. The amount payable presented to you when you complete your purchase will include all applicable prices, fees, taxes, duties and charges. The amount payable does not include any tips or gratuities, personal insurance, passport or visa fees that may be required, or fees that are charged by your bank or credit or debit card company. The amount payable will be charged in the currency presented to you. If you choose to pay in a currency different from what is stated, a foreign currency conversion based on the prevailing exchange rate at the time the contract is concluded may be applied, incurring a conversion charge.
6.3 For your payment to be processed, you are required to provide us with information regarding your credit card or other payment instrument. You represent and warrant that such information is true and accurate, and that you are authorised to use the chosen payment instrument. You also represent and warrant that you will update your payment information if any changes should occur, including but not limited to changes to your billing address or expiry of a credit card. Notwithstanding your right to choose to pay in a currency different from what is stated in 6.2 above, there may be a difference between the amount displayed on our Platforms and the final amount charged to your bank account or credit or debit card statement. This is because the amount that is processed may have its currency converted by your bank or credit or debit card company and may include additional charges imposed by your bank or credit or debit card company.
7. Cancellation & refunds
7.1 Each Service will have a stipulated cancellation period and policy, which governs the terms of your cancellation and any refunds applicable. We have a general Cancellation Policy, but cancellation periods and policies may vary depending on the Service, and if a different cancellation period and/or policy applies to your Service, this will be notified to you at the time of booking. You may cancel a booking by visiting any of our Platforms or by contacting Pelago customer service. Before completing any booking cancellation, you will be notified of the total refund amount you will receive, if any. Cancellations or refunds will no longer be available once the booked Service has commenced. If your booking is denied or cancelled by an Experience Provider, we will notify you as soon as reasonably practicable and we will refund you in full.
7.2 Any refunds that we make to you will be via the same payment method and in the same currency that was used for the booking. Pelago makes no guarantee as to when the refund will be completed, as that will depend on your bank or credit or debit card company’s processing speed.
8. What rules do I need to follow?
8.1 Our Platforms are the property of Pelago and our licensors. To this end, we grant you a non-exclusive, non-transferable and limited license to access our Platforms to enjoy personal, non-commercial use of our Services in accordance with these Terms. You represent and warrant to us that your access to, and use of, our Platforms is intended only for personal, non-commercial use.
8.2 You will not use the Platforms for any purpose that is unlawful or prohibited by these Terms, or for any other purpose not reasonably intended by us. By way of example, and not as a limitation, you agree not to use our Platforms to:
(a) resell any products or services obtained via our Platforms;
(b) make false, fraudulent or speculative bookings on our Platforms;
(c) pass off or attempt to pass off our Platforms as the product of anyone other than Pelago, including removing, altering or replacing any notices of authorship, trademarks, business names, logos or other designations of origin;
(d) interfere with or disrupt our Platforms, or servers or networks connected to our Platforms, including running or activating processes on our Platforms that interfere with their proper working or place an unreasonable load on our Platforms’ infrastructure;
(e) violate the security of any network, including cracking passwords or encryption codes, transferring or storing any illegal material, or otherwise obtaining the password, account or private information from any other user of our Platforms;
(f) obtain or attempt to obtain unauthorised access, via whatever means, to any of SIA’s systems;
(g) disassemble, reverse engineer, decompile or modify any software or application contained in or available on our Platforms in whole or in part, or otherwise attempt to obtain or access the source code of our Platforms;
(h) use manual or automated software or processes to extract, export or otherwise scrape any material displayed on our Platforms, including text, graphics, photographs, images, illustrations, audio, video, data, ratings, reviews and other information (“Content”). Such manual or automated software or processes include datamining, scraping, spidering, indexing, storing or rehosting the Content outside our Platforms;
(i) use manual or automated software or processes to create derivative works based on the Content in our Platforms;
(j) abuse, harass, threaten, impersonate or intimidate anyone;
(k) post or transmit, or cause to be posted or transmitted, any material that is libellous, defamatory, obscene, pornographic, abusive, offensive or profane;
(l) post or transmit, or cause to be posted or transmitted, malicious content including malware, Trojan horses, or viruses, or otherwise interfere with any user’s access to our Platforms;
(m) post or transmit, or cause to be posted or transmitted, unsolicited mass mailings or other forms of spam, including junk mail or chain letters;
(n) infringe any rights of any third party, including intellectual property rights or proprietary rights; and
(o) infringe any applicable law, statute, ordinance or regulation.
8.3 We reserve the right to investigate and take appropriate legal action against anyone who, in our opinion, violates these provisions, including reporting them to the relevant law enforcement authorities.
9. Reviews & user submissions
9.1 To the extent that our Platforms allow you to post, upload, transmit or otherwise make available any Content (“User Content”), you agree that:
(a) you are solely responsible for the User Content that you upload and you represent and agree that you will not share anything that would infringe any rights of any third party, including intellectual property rights or proprietary rights;
(b) although all intellectual property rights subsisting in any User Content will be owned by you or your licensors and you are always free to share your User Content with anyone else, you hereby grant us and our affiliates a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to host, use, reproduce both electronically or otherwise, publicly display, distribute, modify, adapt, public, translate and creative derivative works from any and all such User Content (in accordance with our Privacy Policy), including without limitation for the purposes of advertising and marketing our Platforms; and
(c) we are under no obligation to store, retain, publish or make available any User Content uploaded by you and that you will be responsible for creating backups of any User Content if necessary.
9.2 For the avoidance of doubt, we reserve the right to remove User Content which, in our opinion, are in violation of these Terms or any applicable law.
10. Content & availability of our platforms
10.1 We have compiled all Content displayed on our Platforms in good faith. We may, at our sole discretion and at any time, add, remove or modify any Content on our Platforms without any prior notice or liability, including but not limited to altering their presentation, substance or functionality.
10.2 We make no guarantees as to the authenticity, accuracy or completeness of any Content on our Platforms, including Content provided by other users or our Experience Providers. We also make no guarantees that the Content available on our Platforms has not been altered through technical defects or by unauthorised third parties. All Content accessed by you using our Platforms is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstance shall Pelago be liable in any way for any loss or damage of any kind incurred in connection with the use of or exposure to any Content accessed on our Platforms, including but not limited to any errors or omissions, or, any additions, removals, or modifications that we make on our Platforms. We make no guarantee that our Platforms will always be available or uninterrupted. We will not be liable to you for any loss or damage resulting from any unavailability or interruption of our Platforms or Services.
11. Privacy policy
11.1 For information regarding our treatment of your personal data, please review our current Privacy Policy.
12. Intellectual property
12.1 All intellectual property rights subsisting in respect of our Platforms are owned by or licensed to Pelago. You will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through our Platform. You will not acquire any right, title or interest in or to the intellectual property rights except for the limited licence to use our Platforms and/or our Services granted to you pursuant to these Terms. Pelago’s trade or service marks may not be copied, imitated or used, in whole or in part, without prior written permission. Nothing in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Pelago’s trade or service marks.
12.2 Other company, product, and service names and logos used and displayed via our Platforms may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Pelago.
13. Disclaimers & limitations of liability
12.1 All intellectual property rights subsisting in respect of our Platforms are owned by or licensed to Pelago. You will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through our Platform. You will not acquire any right, title or interest in or to the intellectual property rights except for the limited licence to use our Platforms and/or our Services granted to you pursuant to these Terms. Pelago’s trade or service marks may not be copied, imitated or used, in whole or in part, without prior written permission. Nothing in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Pelago’s trade or service marks.
12.2 Other company, product, and service names and logos used and displayed via our Platforms may be trademarks or service marks of their respective owners who may or may not be endorsed by, or affiliated with, or connected to Pelago.
(a) which users gain access to our Platforms;
(b) what Content you access via our Platforms;
(c) what effects our Content may have on you;
(d) how you may interpret or use our Content; and
(e) what actions you may take as a result of having been exposed to the Content.
13.2 We are also not liable for any costs associated with your network provider, who may charge you for accessing their connection services to access and use our Platform. We are also not responsible for the availability and quality of your telecommunication reception when accessing or using our Platforms or Services.
13.3 The Platforms, including all Services and Content therein are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable laws and regulations, we disclaim any and all warranties (express, implied or otherwise), including without limitation, warranties of suitability, merchantability, safety, non-infringement, fitness for a particular purpose, that our Platforms are free from interruptions, errors or other inaccuracies, whether arising by a course of dealing, usage, trade practice or course of performance.
13.4 Without prejudice to the generality of this clause 13 and to the maximum extent permitted by applicable laws and regulations, Pelago disclaims all liability arising out of or in connection with:
(a) errors or inaccuracies on our Platforms, including without limitation, errors in descriptions, pricing, booking availability, photographs, features, inclusions and exclusions, reviews and ratings and Pelago reserves the right to correct any errors in booking availability and errors in pricing on our Platforms at all times;
(b) legality, decency or propriety of any material contained or accessed through our Platforms, including material on other websites that we may direct you to;
(c) any advertising material submitted by third parties and displayed on our Platforms, including but without limitation, any error, omission or inaccuracy;
(d) any information shown, and the suggestions or recommendations made, about the Services or Content on our Platforms, for any purpose; and
(e) any viruses or other harmful components contained in email that we may send.
13.5 To the maximum extent permitted by applicable laws and regulations, Pelago, its parents, subsidiaries, affiliates, officers, directors, and employees will not be liable for any:
(a) loss of actual or anticipated income (whether direct or indirect);
(b) loss of actual or anticipated profits (whether direct or indirect);
(c) loss of contracts or business (whether direct or indirect); or
(d) special, indirect or consequential loss or damage of any kind,
howsoever arising under or in connection with these Terms, even if we have been advised of the possibility of such damages. This provision applies regardless of whether the damages are based in contract, tort (including negligence), breach of statutory duty or otherwise, including under the indemnity obligations under these Terms.
13.6 You acknowledge and agree that Pelago is not a party to any transaction in relation to the Services provided by any Experience Provider or other third party, and that we have no control over or responsibility whatsoever for any arrangements you make with them as a result of your use of our Platforms or Services. You also acknowledge and agree that if there is a dispute between you and any Experience Provider or other third party, Pelago is under no obligation to become involved. Pelago disclaims all liability arising out of or in connection with any loss or damage you incur with any Experience Provider or other third party.
13.7 If Pelago is found liable for any loss or damage that arises out of or is in any way connected with your use of our Platforms or Services, or your booking or use of products or services made available through our Platforms, then Pelago’s liabilities will in no event exceed the total amount payable for the booking giving rise to the claim.
14. Indemnity
14.1 You will defend, indemnify and hold Pelago, its parents, subsidiaries, affiliates, officers, directors, and employees harmless from all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party arising out of or related to:
(a) your access to any of our Platforms;
(b) your use of any of our Services;
(c) your booking or use of any products and/or services obtained through our Platforms;
(d) your negligence or willful misconduct;
(e) any violation by you of these Terms;
(f) any violation by you of any applicable law, statute, ordinance or regulation;
(g) any infringement or misappropriation by you, or by any other person using your Pelago account, of the rights of a third party, including without limitation any intellectual property rights or rights of publicity or privacy,
(the “Third Party Claims”).
14.2 We may, if necessary and at our sole discretion, participate in the defense of any claim or action and any negotiations for settlement arising out of or in connection with any Third Party Claim. You will not make any settlement that may adversely affect the rights or obligations of Pelago without our prior written approval. We reserve the right, at our expense and upon notice to you, to assume exclusive defense and control of any claim or action.
15. Interactions with third parties
15.1 Our Platforms may contain links to, and our Services may be accessible via, third party websites or services (“Third Party Websites”) that are not owned, controlled or maintained by Pelago. Links to Third Party Websites are provided as a convenience to you as a user of our Platforms, and does not imply the endorsement by us of any information, products, advertising or other materials that can be found on those Third Party Websites. Pelago will not and cannot monitor, verify, censor or edit the content of any Third Party Website. Pelago disclaims all liability for any loss, damages or injury arising out of or in connection with the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites.
15.2 When accessing these Third Party Websites, you do so at your own risk. You represent and warrant that you have read and agree to be bound by all applicable policies of these Third Party Websites, whether relating to your use of our Services or otherwise, and that you will act in accordance with those policies, in addition to your obligations under these Terms. Your interactions with these third parties, including but not limited to the purchasing of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third parties. You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
15.3 Any third party that wishes to establish links to our Platforms should notify Pelago of their intention prior to doing so. Pelago may deny permission for any such links to our Platforms. If Pelago gives its permission for any such links, Pelago is not under any obligation to establish reciprocal links with the third party.
16. Termination & suspension
16.1 These Terms shall remain in full force and effect while you use our Platforms or Services. Pelago may modify, suspend or terminate any and all access to the Platforms or Services, including your Pelago Account, at any time and for any reason, without any notice or incurring any liability to you or any third party. If these Terms are terminated as a result of your breach, Pelago reserves the right to cancel any outstanding bookings made prior to said termination, without refund or liability to you. All provisions of these Terms which, by their nature should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
17. Changes
17.1 Unless otherwise provided in these Terms, Pelago reserves the right, at its sole discretion and to the maximum extent permitted by applicable laws and requirements, to change or modify any part of these Terms at any time and we will give you reasonable notice of any material changes. Any changes or modification will supersede the previous version, and any additional terms applicable to our Services that may be posted on the page relating to such Services from time to time. You are responsible for reviewing the most current version of these Terms each time you visit our Platforms. Your continued use of our Platforms after such changes or modifications constitutes your acceptance of the revised Terms. The revised Terms will supersede all previous versions of these Terms. If you do not agree to abide by the revised Terms, do not use or access or continue to use or access our Platforms.
18. Miscellaneous
18.1 These Terms (and any and all disputes arising out of or in connection with these Terms, including without limitation any alleged breach, or challenge to the validity or enforceability, of these Terms or any provision thereof) will be subject to the laws of the Republic of Singapore. Any and all disputes arising out of or in connection with these Terms shall be referred to the courts of the Republic of Singapore, which will have exclusive jurisdiction in case of any dispute.
18.2 Pelago shall not be liable for any delay or non-performance of its obligations under these Terms to the extent that it arises from any act or conditions beyond its reasonable control, including but not limited to: any extremely severe weather, landslide, storm, lightning, fire, subsidence, epidemic, earthquake, flood, act of God, outbreak of military hostilities (whether or not war is declared, expropriation by governmental authorities, changes in laws and regulations, failure of third parties (other than subcontractors), embargo, riot, sabotage, strike, demonstration, explosion or civil commotion.
18.3 These Terms and any other documents expressly referred to in these Terms, as may be amended from time to time, constitute the entire agreement and understanding between Pelago and you in relation to the subject matter of these Terms and supersedes any previous agreement or understanding between Pelago and yourself in relation to such subject matter.
18.4 Pelago’s failure to enforce any part of these Terms shall not be considered to be a waiver of them or a waiver of the right to subsequently enforce them. The invalidity or unenforceability of any part of these Terms shall not affect the validity or enforceability of the remaining provisions. Where a court of competent jurisdiction holds a provision to be invalid or unenforceable, whether in whole or in part, that whole or part of the provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
18.5 Save for SIA, a person who is not a party to these Terms shall have no right to rely upon or enforce any term of these Terms. These Terms are not assignable, transferable or sub-licensable by you except with Pelago’s prior written consent. Pelago may transfer, assign or delegate these Terms and its rights and obligations without prior notice to you.
18.6 While these Terms have been translated into the local language, the translation is provided for your convenience only and the English language version of these Terms will govern your relationship with us. In the event of any inconsistencies between the English and local language versions, the English version shall prevail to the extent permitted by law and the local language version will be deemed to be amended to confirm with and to make the relevant local law version consistent with the relevant English version.
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Our Affiliates
© 2024 Encounters Pte. Ltd. All rights reserved.
Travel Agent License: TA03351
Pelago is owned and operated by Encounters Pte Ltd, a company incorporated in Singapore (Company Registration Number: 201928502W) with its registered office at 25 Airline Road, Airline House, Singapore 819829. Encounters Pte Ltd is a member of the Singapore Airlines group.
Encounters Pte Ltd is licensed under the Travel Agents Act of Singapore (Cap 334) under license number TA03351 and is not regulated under the Travel Agency Act of Japan (Act No. 239 of 1952).