Terms and Conditions

1. Tixxly Inc

1.1. Tixxly Inc (“Tixxly”) is an incorporated company of Delaware, USA; who’s registered, and trading address is at 8 The Green, Ste A, in the City of Dover County of Kent, 19901.

1.2. Tixxly is a marketplace offering a booking service for tours, activities, excursions and experiences (“the services”) at all times acting an affiliate of the supplier specified at the time the services are booked (or the supplier providing the services if different to that specified at the time of booking) and paid for by you and confirmed by the supplier (“the booking”).

1.3 The terms and conditions that are applicable to the contract between you and the supplier are set out in the booking conditions of the relevant supplier and are normally available at the time of booking. Since Tixxly acts as the disclosed agent for its suppliers, it cannot accept any liability arising from the provision of the services.

1.4. By arranging the services through Tixxly with the supplier, you agree to be bound by these terms and conditions. These may be modified on our website or app from time to time.

2. Customers
The person who purchases the services specified in the booking (the “Lead Party”) and all of the other people listed in the booking are the other party to the contract with the Supplier. When the booking is completed, your contract for the use and provision of the services is between you and the Supplier. In the case of a contract being made by an agent, or any other person acting on behalf of the customers whose names appear in the booking, they are deemed to be acting as the agent of all of the customers who use the Services.

3. Booking and payment
3.1. Bookings are made online on with the supplier. Where two or more people are included in the same booking, the person making the booking (“the Lead Party” or “you”) shall be deemed to have done so on behalf of both or all members of the party and he or she accepts these terms and conditions on behalf of himself or herself and each member of the party. The Lead Party must follow the process for making the booking and paying for the services. The Lead Party must be at least 18 years of age, or of an age required to participate and use the services booked.

3.2. Full payment is usually required at the time of booking.

3.3. On receipt of payment, the supplier will process the booking and will then issue the booking confirmation with details of the persons involved in the booking and the services you have booked.

3.4. Only when payment has been processed and the booking confirmation has been provided, will a legally binding contract be created between the Lead Party (and all of the passengers listed on the booking) and the Supplier. 

3.5. It is the Lead Party's (or the agent, or any other person acting on behalf of the customers whose names appear on the booking) responsibility to check all of the details of the booking prior to travel and inform the supplier as soon as possible if there are any errors. Tixxly, its suppliers or agents cannot be held responsible or liable for any issues that arise due to incorrect information provided at the time you make the booking.

4. Amendments
Booking amendments should be made directly with the supplier. Cancellation fees may apply.

5. Cancellation by you
5.1. Cancellations must be made directly with the supplier as per their terms and conditions. You may be entitled to a refund, depending on when you cancel your booking and which supplier you have booked your services with.

5.2. Cancellation charges vary by supplier, please refer to the terms and conditions and the specific cancellation policy of the supplier booked at the time of booking.

6. Our responsibility
6.1. We have a duty to select suppliers using reasonable skill and care. We have no liability to you for the actual provision of the services.

6.2. We, and our officers and employees, exclude all liability and responsibility for any amount or kind of loss or damage that you may incur (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable, in connection with your booking; the services; and/or your use of the Tixxly website or app.

6.3. We exclude all representations and warranties relating to the services that you have booked through us to the fullest extent permitted by law.

6.4. Our liability to each passenger, except in cases involving death or personal injury, shall be limited to the maximum of the cost of the booking for the services.

6.5. Nothing in these terms and conditions excludes or limits: (i) our liability to you for any death or personal injury resulting from our negligence;(ii) any of your other statutory rights as a consumer that cannot be excluded or limited.

7. Complaints
7.1. If you experience a problem while you are travelling. You should contact the supplier using the details provided in the booking confirmation and they will endeavour to resolve any concerns.

7.2. Requirements vary by suppliers, and complaints must be submitted no later than the timeline specified by the relevant terms. We will not accept complaints arising from failure to follow Tixxly's or our supplier's terms and conditions (including but not limited to travelling without details of your booking or incorrect information provided at the time of booking).

8. Assignment
You may not transfer any of your rights or obligations under these terms and conditions without our prior written consent. We may transfer any of our rights or obligations under these terms and conditions without your prior written consent.

9. Privacy
We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy which can be found here.

10. Jurisdiction
These terms and conditions and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. Disputes or claims arising out of or in connection with these terms and conditions (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the State of Delaware courts.

11. Terms of use
11.1. You acknowledge that by using our website or app is to do so at your own risk. By visiting the website or app you signify your acceptance of these terms.

11.2. You agree to abide by the booking conditions of purchase of any supplier.

11.3. You agree not to use our website or app to; Upload, post or e-mail any content onto our website or app; Transmit any material that contains software viruses or any other computer codes, files or programs; Interfere with or disrupt our website, app, computer systems, software or servers or networks connected to them; or to crawl or scrape any part of the site or its services.

12. Force Majeure
12.1. Force Majeure is where an event happens that is not within Tixxly or our supplier’s control that causes a delay, change or cancellation to the services you have booked. Tixxly or its suppliers will not be liable or will not pay you any compensation if the contractual obligations are impacted by a Force Majeure event.

12.2. These events include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, epidemics and pandemics or other health emergency, unavoidable technical problems with transport, any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid.