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Terms and conditions

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Terms and Conditions

Terms and Conditions for TravelTank Limited’s Website, Applications or any other Platform or Service of TravelTank Limited.

1. Introduction

Please read these Terms and Conditions carefully as they contain important information about your rights and obligations. You can print out these Terms and Conditions by clicking on the print icon on your browser.

2. Agreement between Customer and TravelTank Limited

    1. Our website, applications, e-mails or any other TravelTank Limited’s (“TravelTank”) Platform provides Customers with assistance to view, reserve, apply, request and purchase various travel, accommodation, immigration, protocol and other related services (hereinafter referred to as “the Services”) either from us directly and or indirectly from Airlines, Tour operators, Hotels, Car Transfer Companies, Insurers, governmental bodies/agencies and other Third-Parties (hereinafter referred to as “our Partners”).
    2. The terms “our”, “we”, “us” and “TravelTank”, refer to TravelTank Limited. The term “you” refers to Affiliates and their Customers, a Customer or any of the customers associates, assigns, privies, directors, shareholders, employees or workers or any other person visiting and/or using our website, services, applications or any other TravelTank Platform.
    3. By accessing, using, booking, reserving or purchasing any of the Services on our website, applications or any other TravelTank Platform, you agree to be legally bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, please do not use our website, applications or any other TravelTank Platform.
    4. We reserve the right at any time to revise and update these Terms and Conditions. We therefore encourage you to visit our site periodically to review any changes made to these Terms and Conditions.

3. Use of Our Website & Applications

    1. By using our website, applications, services or any other TravelTank Platform you represent and warrant that:
      • You are at least 18 years of age;
      • You are able to form legally binding contracts under the applicable law;
      • You will use our website, applications, services or any other TravelTank Platform only for lawful purposes and in accordance with these Terms and Conditions;
      • You will ensure applications, requests, bookings and reservations made by you for yourself and any another person on our website, applications or any other TravelTank Platform are legitimate and that you are legally authorized to do so;
      • You will take necessary steps to safeguard your TravelTank account and be responsible at all times for the use of your account by you or any other person; and
      • All information supplied by you on our website, applications or any other TravelTank Platform is accurate, current, true, and complete.

4. Third Party Service Providers

    1. Services on our website, applications or any other TravelTank Platform are provided by TravelTank and/or on behalf of our Partners.
    2. You acknowledge that TravelTank operates as a reseller of flights and all content that appears on our website/applications are sourced from a GDS (Global Distribution Service) or from the Airline Directly via an Application Programming Interface (API). Whilst every effort is made to ensure that systems are updated to take into account any travel restrictions that may exist at the time of booking, it may be possible that there is a delay in the GDS or Airline system updating to accommodate all travel restrictions that may be imposed.
    3. TravelTank accepts no responsibility for the content or accuracy of information or materials provided by our Partners including the API or GDS and the prices for flights derived therefrom, nor do we guarantee availability of any service advertised by our Partners.
    4. Where content published on our website, applications or any other TravelTank Platform is supplied by our Partners, you understand that we do not control or endorse such content in anyway. All content which is offered by our Partners is published in good faith, but we do not accept responsibility or liability for the accuracy or otherwise of such content and the use of such content.
    5. The performance of our services shall where applicable, be subject to the Terms and Conditions of our Partners.
    6. TravelTank is not liable, howsoever, the same may arise, for cancellations, modifications, delays, deviations, the failure to provide seats berths or facilities for carrying or storing luggage, failure to provide accomodation and or failures to perform services by our Partners.

5. Seat Selection/Seating

    1. Seat selection, seating and all matters pertaining thereto are subject to the Terms and Conditions of our Partners including Airlines and may be subject to an additional cost.
    2. We have no control over the allocation of seats on any air transport, and we do not guarantee that specific seats will be available on departure.
    3. Where you have requested for a particular seat before travel, we will try to meet your request but we cannot guarantee it.
    4. Airlines may need to change your seat, even after you have boarded the aircraft and may also need to seat you in a lower class of cabin than the one you have booked for operational, security, emergency, aircraft change or other reasons communicated to you.
    5. Seat selection may be subject to timing.
    6. All paid seating is still subject to availability as determined by the Airlines.
    7. Paid seating is not guaranteed, as seating may need to be changed for various reasons including but not limited to aircraft change, operational, safety, security or emergency reasons even after boarding the aircraft.
    8. Seat selection, including paid seat selection is non-transferable and non-endorsable.
    9. Airlines and routes may not offer a seat selection facility and we do not guarantee that a seat selection facility will be available. In the event that the seat map is unavailable and should you wish to book a seat or require any other assistance, kindly contact us directly and within a reasonable time and we will use all reasonable endeavors to meet your request but we cannot guarantee that we will meet the request.
    10. Paid seating is not refundable and non-transferable if you cancel your flight; amend or change your flight; are considered unsuitable to sit in the seat type you have selected; you voluntarily upgrade or are involuntarily upgraded.
    11. Where you change your seat to a lower seat, Airlines may not refund the difference in price. Where you change your seat to a higher priced seat, Airlines may request you to pay the difference in price.
    12. We are not liable howsoever in the event that an Airline oversells a flight and more passengers hold confirmed reservations than there are seats available. In such circumstances, you will be required to communicate with the Airline or we will assist you and/or communicate for you with the Airline who may provide alternative flights for you and or compensation in accordance with its Terms and Conditions.

6. COVID – 19 Restrictions

    1. Due to the spread of the coronavirus disease (“COVID – 19”), countries/governments worldwide have implemented various public safety policies including but not limited to the closure of airports, lockdowns, isolation and quarantine requirements, travel bans from specific countries, COVID-19 testing requirements, travel guidelines, vaccinations and other travel protocols/restrictions (“restrictions”). Consequently, it is imperative that all our customers who intend on accessing, using, booking, reserving or purchasing our various travel, accommodation and other related services via our website or other applications cross-check and make continuous and reasonable enquiries from time to time that there are no restrictions in place which may affect their booking/reservation.
    2. By accessing, using, booking, reserving or purchasing our various travel, accommodation and other related services via our website or other applications, you represent, warrant and undertake to us that: you have cross-checked, made continuous and reasonable enquiries, confirmed and are satisfied that there are no restrictions in place in both your country of departure and arrival which may affect your booking/reservation; and you are conversant and have familiarized yourself with all the relevant restrictions which may change from time to time.
    3. TravelTank shall not be liable, howsoever, the same may arise, for any operational changes, cancellations, modifications, delays, deviations, restrictions, changes to restrictions or damages incurred by customers in the event that bookings/reservation are unable to operate as planned as a result of the restrictions, or failure to perform services by our Partners.

7. Bookings, Enquiries and Reservations

    1. The booking procedure on our website site works as follows:
      • Customer initiates an enquiry regarding a service on our website www.traveltank.com or via our office kiosk.
      • Where available, our website generates and provides the customer with a quote for the enquiry made.
      • The Customer accepts the quote when he/she proceeds with the steps specified on our site or by email or telephonically.
      • Full payment for the intended Service must be received by us before we can confirm any reservation either with us or with the relevant Partners.
      • A reservation/booking is only deemed complete and confirmed once full payment has been received and is reflecting in our bank account.
      • Upon receiving confirmation of payment, the Customer will receive their documents (e.g. air tickets, hotel, transfer and tours vouchers) or final details of the booking via email which are non-transferrable from one person to another.

8. Refusal of Service, Price and Currency Rate Changes/Fluctuations & Price Alert Advice

    1. Our Partners reserve the right at any time to refuse service to Customers or any end users. Reasons for refusal may include but are not limited to: If the Customer is disruptive and/or is exhibiting unruly behavior, lacks proper documentation, wanted by any relevant law enforcement agency, violates any law, has a contagious disease, under the influence of alcohol, drugs or narcotics. In any of these cases, TravelTank assumes no liability for the acts of the Partner in refusing or performing the service, and we advise you to comply with their rules, regulations and policies.
    2. We try to ensure that our prices displayed on our website, applications and other platforms are accurate but the price on your booking will need to be validated/confirmed by us as part of our acceptance/confirmation procedure.
    3. Whilst we will use our best endeavors to try and have the most accurate and up-to-date information on the prices of flights and the other services which we offer, prices of flights in particular, as well as the other services are very volatile and are subject to change even after you complete your booking as Airlines may change their prices at any point in time. Accordingly, we cannot guarantee that the price displayed on your booking will be identical to and/or the same after our confirmation process. Flight prices are only guaranteed once the ticket has been issued.
    4. In the same vein, our Price Alert Advices are subject to change at anytime and may not be accurate as pricing information is obtained from other third parties including from the API and GDS which information is beyond our control. Consequently, you agree that you are relying or using our Price Alert Advice at your own risk and TravelTank shall not be liable howsoever the same may arise, for any loss or damage arising from inaccuracies from our Price Alert Advices or purchases made therefrom. You further represent and warrant that your decision to purchase the Services whether as a result of our Price Alert Advices or otherwise are at your own free volition and risk. In no way is the information contained in our Price Alert Advice to be considered factual or complete and we strongly recommend that you constantly check the price of a service at each stage of the booking process.
    5. Additional charges (e.g., payment fees, services charges, checked-in luggage fees, taxes and fees) may also apply on your booking.
    6. Currency rates on our website, applications or any other TravelTank Platform are for reference and information purposes only. They should not be relied upon as accurate or real-time as actual rates may vary, and your payment provider (e.g., your credit card company) may charge conversion fees and apply another date’s currency rate.

9. Flight Times, Airport and Hotel Check-in Times and Tour Start Times

    1. All flight times are local. Next day arrivals are indicated on the website by “+1”. The flight times provided on our website, applications or any other TravelTank Platform are preliminary, and we advise Customers to stay in line with flight schedules and update themselves. Flight departure and arrival times are provided by the airlines and may change due to air traffic control restrictions, bad weather, operational and passenger requirements during check in.
    2. It is your responsibility to ensure you arrive at the airport in good time. Recommended check-in time is three (3) hours before flight departure. Our Partners will not wait for passengers who arrive late and TravelTank assumes no responsibility for Our Partners refusing to check in a customer due to arriving late to the airport.
    3. For tours, we advise the customer to be at the said tour starting point, thirty (30) minutes before the tour activity is stated to take place.
    4. Hotel check-in times will clearly be stated on your hotel voucher. Customers who arrive earlier than their advised check-in time and who want to use the room earlier than advised may be asked to pay additional fees.

10. Immigration Services, Visas & Permits

    1. We act as agents and not as brokers, for the procurement of visas, permits and other immigration related matters (“Immigration Services”).
    2. You represent, warrant and undertake to us that:
      1. You shall not make or cause to be made any false statements for the purpose of procuring any of the immigration services;
      2. You shall not make or cause to be made, any return, statement, or representation which you know to be false or do not believe to be true;
      3. You shall not refuse or fail to produce or furnish any document or information which is required to be produced or otherwise obstruct whether directly or indirectly, any immigration officer in the exercise of the officer’s duties;
      4. You shall not without lawful authority, alter any document or have in your possession any forged or altered passport or other travel document;
      5. You shall not submit multiple application forms whether via us or other third parties or other passport offices;
      6. You are not a prohibited immigrant;
      7. You are not considered to be a risk to public health, public interest or national security;
      8. You have no medical conditions which may prevent entry into Nigeria by an immigration officer;
      9. You shall seek our services for the regularization of your stay in Nigeria within the stipulated period of three (3) months or any other time frame as stipulated by law;
      10. You shall seek our services for renewal of residence permit within the stipulated period of thirty (30) days after its expiration or any other time frame stipulated by law;
      11. You shall seek our services for the renewal of your Business, Transit, Visitors Pass or Temporary Work Permit or others permits or visas within the stipulated period after its expiration or within a reasonable time before its expiration;
      12. You shall indemnify us for breach of any of the above representations, warranties and undertakings.
    3. We are under an obligation not to aid and abet, facilitate or promote any immigration offence; smuggling of persons; or any exploitation in tourism.
    4. We shall not be liable howsoever for any direct, indirect or consequential losses, damages or costs incurred of any nature which may arise as a result of delays or refusals of applications; inaccurate incomplete or false information or documentation; errors caused by the immigration authorities; change in rules and regulations of the immigration service or other governmental agency/body or for causes beyond our control.
    5. We do not guarantee the grant of any application as same is within the sole discretion and authority of the immigration/governmental authorities. Where visa or permit applications are denied, such processing fees are non-refundable.
    6. Where applications for visas, permits etc. are granted by the immigration/governmental authorities, you understand that the Comptroller – General of Immigration may at any time if he deems it to be in the public interest, revoke a resident permit or other permit on such conditions as he thinks fit or direct the holder of a permit to surrender it for replacement or he may re-issue it with such additional or varied conditions as the circumstances may require, and we shall not be liable howsoever for such courses of action.
    7. Notwithstanding the grant of visas, permits etc. by the immigration officials, you understand that the immigration officer upon his/her discretion may refuse your admission into Nigeria and we shall not be liable howsoever in such an event.
    8. It is your responsibility to provide us with all required and complete information and documentation pertaining to your applications. We are unable to lodge any visa application until we confirm receipt of payment for our services or receive complete documentation and or additional documentation requested by us from you.
    9. We are not responsible for the provision of the relevant medical forms/vaccination cards to you in the event that medical examinations or vaccinations are required, as we are not part or have any role to play in such processes.
    10. In the event of loss or damage to any document received, our liability shall be limited to the actual cost of the document. We accept no liability for consequential or general losses or damages.
    11. We shall not be liable under any circumstance to compensate for any injury, accident, loss, damage or delay of any documents by any third-party courier/delivery companies.
    12. The cost of our services may change at any time as same is premised on the prevailing exchange rates and immigration costs which are susceptible to change. We shall nonetheless notify you of any such change in our fees.
    13. In the event that you wish to withdraw an application to us prior our submission to the Immigration Authorities, we shall charge 10% of the amount paid for the application, as well as any other costs incurred and other out of pocket expenses.
    14. Your failure to attend a scheduled appointment shall lead to liquidated damage sum, which sum shall be communicated to you.

11. Protocol Services

    1. Upon request and payment of our Protocol Service for departures, we shall use our best endeavors to amongst other things:
      1. communicate with you prior to and/or on date of departure to keep you abreast with your timely arrival;
      2. receive you at the departure reception desk;
      3. with specific reference to international departures and where possible – assist you with banking related matters/sourcing of foreign exchange;
      4. conduct check-in formalities with the airlines, immigration officials, customs and any other applicable third-party on your behalf; and
      5. ensure that you and your luggage’s are properly cleared and checked in.
    2. Upon request and payment of our Protocol Service for arrivals, we shall use our best endeavors to amongst other things:
      1. Receive you at arrival halls;
      2. Assist you in locating check – in luggage’s from carousel belt;
      3. Provide you with our vehicle options for transfers where applicable;
      4. With specific reference to international arrivals and where possible – assist you with banking related matters/conversion of foreign currency to local currency or cashing of Travelers cheques;
      5. Attending to your needs till you leave the airport.
    3. We cannot guarantee any specific time frame in the provision of the Protocol Services. Furthermore, there may be delays/impairments/restrictions in the performance of the Protocol Services. Some of these delays/impairments/restrictions may include but not limited to scarcity of foreign exchange and the Central Bank of Nigeria’s laws relating thereto; banking laws and regulations; traffic delays; immigration, customs, FAAN and other governmental agencies laws and procedures and the need to comply with such laws and procedures; as well as the arrival/departure of senior governmental and diplomatic officials.
    4. You shall be responsible for appropriate identification/confirmation of your luggage and ensuring we obtain the correct luggage at the airport.
    5. We shall not be liable howsoever the same may arise, for wrongful identification of luggage, delays in the identification or arrival of luggage or missing items in your luggage.
    6. Protocol services are exclusively for passengers who have prebooked the service and is not transferrable to any other passenger.
    7. Protocol services are only valid for a specific flight number and the date shown on passengers ticket.
    8. In order to confirm the use of Protocol Services, you are required to make the necessary payments for the service into the appropriate bank account stipulated, as well as provide us with your itinerary.
    9. In the event that you fail to show up for your trip, you may, subject to our discretion be entitled to a 30% refund of the amount for the Protocol Service paid. This refund shall however be subject to the deduction of any applicable costs/banking and transfer fees communicated to you. In the event that you wish to cancel the Protocol Service and you inform us at least 48 hours before the trip, you may, subject to our discretion, be entitled to a 30% refund of the amount for the Protocol Service paid. This refund shall however be subject to the deduction of any applicable costs/banking and transfer fees communicated to you.
    10. Our prices for the Protocol Service as well as any other rules/regulations relating to the Protocol Service may change from time to time, and we shall communicate to you the appropriate price when a change occurs or any other changes to our rules/regulations.

12. Baggage Allowance

    1. Please ensure to check baggage allowance with the airline you are flying with before your departure date. Be aware that additional fees for excess baggage may apply. Please contact the relevant airline for up-to-date information on checked and excess baggage policies.

13. Name Changes

    1. TravelTank assumes no responsibility for wrongly spelt names on confirmed bookings or for airlines enforcing penalties on wrongly spelt names. We advise you to check the spelling of your name ensuring it is the same as in your passport/identity document and where there is a mistake, we further advise customers to submit a request for correction on misspelt names to the Airline at least 48 hours before departure time.
    2. Airline penalties may apply for changes in letters to confirmed bookings. Moreover, some airlines will not allow for any or partial name changes whatsoever and may void the ticket requesting that a new ticket be purchased.

14. Insurance for Loss, Delay, Cancellations

    1. We advise all Customers using our website, applications or any other TravelTank Platform to take out adequate insurance cover in order to cater for instances such as airline cancellations; cancellations due to illness, accident or injury; personal accidents and personal liability; loss, delay and or damage to baggage, goods and property.
    2. TravelTank will not be held responsible either for any of these instances whatsoever, or if the customer fails to take adequate insurance cover.
    3. TravelTank is not an insurance company and will not be responsible for the submission, payment, or adjustment of an insurance claim. Any claims that fall under the relevant travel insurance policy must be submitted to the insurance company identified in the policy.

15. Special Request

    1. Customers with any special needs/requests must ensure such requests are made to TravelTank at the point of booking or at least 72 hours prior to their intending flight or the service. TravelTank does not guarantee we will able to honor such requests, but we assure our Customers of doing our best to accommodate and effect such special requests.

16. Passport, Visas, Health and other Documents

    1. The Customer is responsible for ensuring he/she has all relevant travel documents prior to check-in. These documents may include: visas, passport or identity documents, credit card used to make the booking, e -ticket, and in some instances birth certificates if travelling with a minor.
    2. It is entirely the Customer’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the likes, where required, have been obtained. TravelTank does not assume any obligation or liability and the Customer hereby indemnifies us against any consequences of non-compliance. Proposed travel arrangements may cause mental and/or physical dangers, and it is the duty of the Customer to familiarize him/herself with this possibility.
    3. Parts of your itinerary may include areas where there is a high or higher risk of malaria and other tropical diseases. The Customer is entirely responsible for checking whether his/her itinerary fall into any of these areas and is advised to check with their medical practitioner before departure.
    4. All visitors to the Federal Republic of Nigeria and all Customers who are travelling from the Federal Republic of Nigeria to another country are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued. Immigration officials reserve the right to deny entry to Customers with insufficient space on their passport. Please ensure you have at least 6 months validity on your passport and ensure your passport is renewed when necessary.

17. Cancellations, Modifications and Refunds

    1. A Customer must enquire about all applicable cancellation and modification conditions before paying for a Service. You are also mandated to know that flight itineraries used out of sequence is prohibited by our Partners. Skipping one part of an itinerary will lead to automatic voiding or cancellation of the journey. In some instances, no shows will be treated as a ticket being voided and you may be asked to pay a cancellation fee.
    2. As a general rule, Customers are not entitled to refunds, cancellations and or modifications particularly when a Service has been booked, issued and or accepted by us.
    3. However, if upon our discretion you are entitled to a refund, modification and or cancellation of any booked, issued and or accepted Service, TravelTank will charge a refund, cancellation and or modification fee and the Partner may also charge a refund, cancellation and or modification fee on top of our fees.
    4. At this material time, TravelTank’s refund processing fee will be computed as amount equal to N10,000.00 (Ten Thousand Naira). Please note however that this sum may change and be reviewed upwards.
    5. Kindly note however that refunds, cancellations and or modifications are not permitted in case of no show. Furthermore, all refunds, cancellations and or modifications are subject to the terms and conditions of our Partners as well as our Terms and Conditions.
    6. Where modifications need to be made for any service, we will inform you of any additional cost accompanying such modifications and you would be required to bear the additional cost.
    7. Where we incur any refund, cancellation and or modification fees from our Partners, you agree to indemnify us for the amount of any charge.
    8. Requests for refunds may be made by forwarding same to our official email address or submitting the request at any of our booking offices. The process for refunds may take between 4 to 8 weeks and in some instances, it may take longer as this process is beyond our control and within the control of our Partners and their systems.
    9. We first establish if you are entitled to a refund either from us or from our Partners and then if you are entitled to a refund, it will be paid (less fees) back into the Customers card or bank account as you choose or for Affiliates, into the Affiliates Bank Account, card or their TrvelTank account wallet.
    10. Where you have accepted the cancellation of a service or refund price by clicking on the relevant icon including “confirm cancellation”, Travel Tank will immediately commence the refund/cancellation process and you hereby irrevocably agree and understand that the service or ticket will be cancelled without further recourse and without the option to cease the cancellation process.
    11. Similarly, where you have initiated the refund/cancellation process but do not confirm the process by clicking on the relevant icon including “I no longer wish to void or cancel”, TravelTank will not cancel the ticket or service or commence the process of same.
    12. Where you request for a change/modification to your booking/service whether in relation to a date change, timing change, location change, airline alliance change or any other change howsoever described, you hereby irrevocably agree and accept that once the necessary payments have been made for the applicable change/modification, TravelTank will immediately commence the change/modification process without the option of you ceasing or reversing the process. Furthermore, where you click on the “Confirm Change” or any other applicable icon, you irrevocably agree and accept that TravelTank will immediately commence the change/modification process without the option of you ceasing or reversing the process.
    13. Where you choose to cancel or change a prepaid hotel reservation, subject to the rule of the hotel you may be charged for changes by the selected hotel and you agree to pay for such charges. Please be aware that, once a hotel reservation has been made, you authorize TravelTank to make the reservation on your behalf based on the room rates and availability at the time of reservation. You are mandated to make back payments for early checkouts or no shows within days after checking out.

18. Payments, Bank and Credit Card fees

    1. TravelTank reserves the right to cancel a booking for any Service if payment is not received by midnight Nigerian time on the day the booking is made. We therefore advise that payment be made immediately a booking is confirmed.
    2. Payment can be made via Visa, Mastercard, Electronic Funds Transfer, Cash deposit at a bank or in one of our offices in Lagos, Nigeria.
    3. If payment is received after midnight on the day booking was made, the customer shall be refunded the full payment less any cancellation or administration fees within 48 hours of the cancellation being processed.
    4. If the customer wishes to continue with the booking, the customer will be liable and responsible for any difference between the prior and current quotes. Such difference must reflect in our account within the stipulated timeframe in order to secure the booking.
    5. When making payment you undertake that all details you provide to us for the purpose of purchasing a Partners service and/or securing our Service which may be offered by us on our website, application or any other Platform of ours will be correct; that the credit or debit card, or any electronic cash which you use belongs to you and that there are sufficient funds or credit facilities to cover the costs of any service. We reserve the right to obtain validation of your credit or debit card details before providing you with any service.
    6. It is your duty to ensure your credit/debit card details, personal identification number and all such other details of your credit/debit cards are secured and kept safe at all times. Any unauthorized use, theft, loss of details in your credit/debit card to unauthorized bank centers, cash centers or persons fraudulently representing TravelTank will be at your own risk. By accepting these Terms and Conditions you agree to not take further action against TravelTank if any of these cases stated above arises.
    7. Certain banks and credit card companies may impose transaction fees when completing a booking on our site, applications or platforms. Please always consult your bank regarding any charges before making payment on our site.
    8. Flutterwave is a separate and distinct entity from TravelTank. Consequently, and for payments made via Flutterwave, you understand and agree that you are making use of the Flutterwave channels, platforms and systems at your own risk. TravelTank shall not be liable howsoever the same may arise for any issues, faults, failures, policies, actions and/or inactions of Flutterwave and their platforms or systems whether in relation to payments or otherwise. Furthermore, you agree and consent to any applicable fees and charges of Flutterwave including the 2.2% charge for Naira and 5% charge where payments are made in the United States Dollar.

19. Dashboard Statistics/Data

    1. Whilst we will use our reasonable endeavors to ensure that all statistics and data included on our customers and affiliates dashboard accounts are accurate, we cannot guarantee the accuracy, reliability or completeness of such statistics or data and you agree and understand that TravelTank shall not be liable, howsoever the same may arise, for any damage or loss arising from inaccuracies or incompleteness of such statistics or data or your reliance or use of such data or statistics.
    2. You agree and understand that your use of and reliance on dashboard data and statistics is solely at your own risk and such statistics or data should never be used to make a decision. We recommend that you should always do your research to make any decision.
    3. Past performance of Dashboard statistics or data is not a guarantee or indication of future performance and all information, data and statistics provided on Dashboard are provided without warranty or liability.

20. Modifications to Website & Applications

    1. We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website, applications and platforms or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, and/or sale of new Services and/or the release of new software tools or resources shall be subject to these Terms and Conditions.
    2. Please note that although we try to ensure that the content of our website and applications are accurate, they may contain typographical errors or other inaccuracies. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the services at any time, without prior notice.

21. Linked Sites, Applications and Platforms

    1. We make no representations whatsoever about any other site, applications or platforms which you may access through our website, applications or any other TravelTank Platform which may link to our website, applications or any other TravelTank Platform. When you access any other website, applications or platforms, you understand that it is independent from us and that we have no control over the content or availability of that site, application or platform. In addition, a link to any other website, application or platform does not mean that we endorse or accept any responsibility for the content, or the use of such a website, application or platform and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content or services available on or through any other website, application or platform. Any concerns regarding any external link should be directed to its website administrator or web master.

22. Security

    1. You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website, applications or any other TravelTank Platform. You may not share these with or transfer them to any third parties. You must notify us immediately of any unauthorized use of them or any other breach of security regarding our website, applications or any other TravelTank Platform that comes to your attention.

23. Copyright and Monitoring

    1. The contents of our website, applications or any other TravelTank Platform are protected by international and local copyright laws and other intellectual property rights owned by us or our affiliates. All company names and logos mentioned on our website, applications or any other TravelTank Platform are the trademarks, service marks or trading names of their respective owners including us. You shall not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material from our website, applications or platforms including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so.

24. Availability of our Website & Applications

    1. We will use all reasonable endeavors to make our website and applications available but cannot guarantee that they will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website, applications or platforms and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, applications, platforms, servers, websites, routers or any other Internet connected device.

25. Use from Other Jurisdictions

    1. We have used our best endeavors to ensure that our website, applications or any other TravelTank Platform complies with Nigerian laws. However, we make no representations that the materials on our website, applications or any other TravelTank Platform are appropriate or available for use in locations outside the Federal Republic of Nigeria. Those who use our website, applications or any other TravelTank Platform from other locations outside the Federal Republic of Nigeria do so on their own initiative and are responsible for compliance with all applicable laws.
    2. If the use of our website, applications or any other TravelTank Platform is contrary to or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use our website, applications or any other TravelTank Platform and you must exit immediately.
    3. We make no representations and give no warranties, express or implied that using the Services in any particular jurisdiction outside the Federal Republic of Nigeria is permitted under any applicable non-Nigerian laws. Accordingly, if using the Services or any part available in your jurisdiction or to you is prohibited, those Services are not offered for sale to you. You accept that if you are resident outside the Federal Republic of Nigeria, you must satisfy yourself that you are lawfully able to use the Services.

26. Liability

    1. We shall use all reasonable endeavors to ensure that for any Service you purchase from our websites, applications and platforms:
      1. We have the right to sell the Service to you;
      2. The Service will correspond with the description we have given to you;
      3. The Service would be of satisfactory quality; and
      4. Any service we provide to you will be provided with reasonable skill and care.
    2. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any Service from our website, applications, platforms or any information or service provided through them.
    3. We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website, applications and platforms or its contents other than as a direct result of purchasing Service, we accept no liability for this loss or damage whether due to inaccuracy, error, omission or any other cause and whether on the part of us or our servants, agents or any other person or entity.
    4. If we are liable to you for any reason, our liability will not exceed the amount paid by you for the Service concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our gross negligence.
    5. We shall not be liable for any loss, damage, delay or failure to perform in whole or in part as a result of causes beyond our control, including but not limited to: the content or accuracy of information or materials provided by our Partners including the API or GDS and the prices for flights derived therefrom, Price Alert Advices, Dashboard Data and Statistics, strikes, fraud, material breach of these Terms and Conditions by you, insurrections, riots, embargoes, delays in transportation, change in law, Terms and Conditions of our Partners, any lawful order and lawful requirement of any governmental authority.
    6. Any claim whatsoever against us shall be duly notified to us and shall be made within 3 (three) months from the period the cause of action accrued. You hereby agree that you waive any right to bring any claim whatsoever against us outside this period.
    7. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website, applications and platforms and it is compatible with our website, applications and platforms. We cannot and do not guarantee or warrant that any material available for downloading from our website, applications and platforms will be free from infection, viruses and/or other codes that has contaminating or destructive properties.
    8. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

27. General

    1. We may but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these Terms and Conditions, and/or charge or deal in any other manner with these Terms and Conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause shall be ineffective. These Terms and Conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.
    2. The following applies to all messages, emails, bulletin boards postings, ideas, suggestions, concepts or other material submitted by you to us (herein after referred to as “Content”):
      1. You must own or have the right to submit Content for publication on our website, applications or other platforms and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, Regulations, standards and/or codes of practice;
      2. You must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libelous or defamatory of any person or be otherwise unlawful;
      3. You must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and
      4. We have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming emails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
    3. You grant us a non-exclusive, irrevocable, royalty free, worldwide license to publish all Content that you submit to us. You have sole responsibility for the Content which you submit to us and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us.
    4. You represent and warrant that you will not use our website, applications and other platforms for any purpose that is illegal or prohibited by law, including without limitation to the posting or transmitting of any libelous, defamatory, inflammatory or obscene material. If you breach these Terms and Conditions, then your permission to use our website, applications and other platforms terminates immediately without the necessity of any notice being given to you.
    5. These Terms and Conditions together with our Privacy Policy, are the whole agreement between you and us. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms and Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions and Privacy Policy.

28. Dispute Resolution & Governing Law

    1. These Terms and Conditions and your use of our website, applications and any other platform of TravelTank shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria and you submit to the exclusive jurisdiction of Nigerian courts.
    2. Any difference, dispute or claim arising out of or in connection with these Terms and Conditions shall first be referred by either party to conciliation either privately amongst the parties or in accordance with the Arbitration and Mediation Act 2023 in order to seek an amicable settlement of the dispute in good faith.
    3. If the parties are unable to settle the dispute amicably and agree on terms of settlement within a period of six (6) months from the notice of mediation, the parties are at liberty to take any action in court as they may deem fit.

29. Notices

    1. All notices shall be given:
      1. To us via our relevant emails; and
      2. To you at either the email or postal address you provide during any booking process.

Privacy Policy

Privacy Policy of TravelTank Limited.

1. Commitment to privacy

    1. TravelTank Limited (“TravelTank”) (hereinafter referred to as “we” “us” or “our”) is committed to protecting the privacy of those using our site, applications and other platforms, and the confidentiality of the personal information with which our users provide us. The term “you” refers to the Customer or any of the customers associates, assigns, privies, directors, shareholders, employees or workers visiting and/or using our website, services, applications or any other TravelTank Platform.
    2. This Privacy Policy is to inform you of our best practices on how we collect, use and safeguard your personal information. It also describes our practices and applies solely to personal identifiable information and data collected by us through the Services on this site, applications or other platforms.
    3. By using our site, applications or other platforms, and upon disclosing personal information on our site, applications or other platforms, you are consenting to the storage, collection and processing of your personal information in the manner set out in this Privacy Policy.
    4. The Privacy Policy applies to TravelTank’s website, applications, and other platforms but does not apply to any third-party activities, including third party websites, vendors, social networking platforms or third-party ads displayed on our website.
    5. In addition to reading our Privacy Policy, please read our Terms and Conditions as they constitute the whole agreement between you and us.

2. Use of information

    1. We use the information we collect to serve our Customers. Here are some examples of how we use your information:
      • To complete and process travel service related transactions (such as a flight or hotel bookings);
      • To personalize the customer experience through specific marketing and recommendation emails;
      • To update you on upcoming trips and changes to itineraries;
      • To attend to any customer service queries; and
      • To investigate and prevent illegal, unauthorized and or fraudulent activities.
    2. We may also use your information to let you know about enhancements to the site and other relevant use such as marketing. In this regard, we will keep you updated with our latest news, offers, services, prices, deals, and other relevant information.
    3. If you would rather not receive this information, you can either inform us in writing, or “opt out” by following the unsubscribe link contained in any email marketing communications that you receive from us.
    4. When you register and/or use our site, applications and or other platforms, we may ask you to provide certain information, including but not limited to:
      • Name;
      • Email-Address;
      • User Name and Passwords;
      • Age;
      • Date of Birth;
      • Gender;
      • Home and Billing Address;
      • Passport Details;
      • Telephone Number;
      • Credit Card Details; and
      • Frequent Flyer Numbers.
    5. We will store the above information and may use it to contact you, provide you with details of Services and otherwise for our normal use, unless you have expressly asked us not to do so in writing.
    6. We do not pass on your personal information to any third parties except:
      1. To enable you obtain access to the restricted parts of certain third parties’ information;
      2. To enable you receive information you have requested to be sent to you by post; or
      3. To enable you receive and or complete a service.
    7. In order to enable us to improve our site, applications and other platforms and or diagnose problems with our servers, we may gather information about you when you use it such as: details of your operating system, browser version, domain name and internet providers address, and the details of the website from which you came.
    8. Our Site may provide links to other sites. We are not responsible for their privacy protection policies. You should check their privacy policies if you are concerned.
    9. You agree that we may disclose to any regulatory authority empowered to require such information by or under any legal enactment, any information they may request or require in relation to you or if relevant, any of your clients, agents, shareholders, directors, privies or associates.

3. Other applicable uses

    1. If you obtain or choose to obtain Services through our website, applications and other platforms, we may collect information about your buying behavior.
    2. If you send us personal correspondence such as emails or letters or post reviews or other messages on the bulletin boards or in the chat areas, then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and the preceding paragraph shall be known as “the Purposes”).
    3. By using our site, applications and other platforms, you agree to the processing and disclosure of your personal information for the Purposes. If you would like to review or modify any part of your personal information, then you should notify us.

4. Recording calls

    1. We monitor and record all telephone calls made to our call center. This is mandatory for us to provide the service to you.

5. Cookies

    1. We may use cookies for collecting user information from the site, applications or other platforms. We will only read cookies from your cookie file placed there through your web browsers interaction with our Site.
    2. Cookies are messages given to a web browser by a web server. The message is then stored by the browser in a text file called cookie.txt. Each time the browser requests a page from the server, this message is sent back. A cookie’s main objective is to identify users and personalize their visit by customizing web pages for them, for example by welcoming them by name next time they visit the same site.
    3. A site using cookies will usually invite you to provide personal information such as your name, email address and interests. We use this information to help improve our functionality and services, run diagnostics, analyze trends, track visitor movements, gather broad demographic information and personalize our services.
    4. If you don’t want cookies to be installed on your device, you can change the settings on your browser or device to reject cookies.
    5. Please note that, if you do set your internet browser to reject cookies, you may not be able to access all of the functions of our site.

6. Further information

    1. We may alter this Privacy Policy from time to time and post the new version on our website, following which all use of our website, applications and other platforms will be governed by that version. You must check the Privacy Policy on the website regularly.
    2. You may request us to delete your data from our website, by emailing info@traveltank.com.
    3. For further enquiries regarding this Privacy Policy, please do not hesitate to contact us.

7. Data Protection

    1. We shall use our best endeavors to comply with the data protection laws, regulations and implementation framework (including but not limited to the Nigeria Data Protection Regulation 2019) in force in the Federal Republic of Nigeria in the processing of personal and other relevant data obtained in the course of the performance of our obligations and your use of our site, applications and other platforms. Where we utilize third party processors to perform our obligations under this Agreement, we shall use our best endeavors to ensure that the processor is under a similar confidentiality and data protection obligation as those contained herein.
    2. We shall use our best endeavors to adopt and implement adequate physical and technical measures with a view to guarantying the confidentiality, secure processing and storage of Personal and Sensitive Data obtained and processed through the use of our site, applications and other platforms.
    3. This clause shall be applicable to customers signing up via Facebook.

8. Deletion of data from Facebook account

    1. Where you intend on deleting our associated data from your Facebook account, you shall perform the following steps:
      • Log in to Facebook;
      • Click on settings and privacy;
      • On the left-hand side, click on Apps and Websites;
      • Click on ‘View and Edit’ for TravelTank Official Facebook page;
      • Scroll down and click on ‘remove this app’.

Cookie Policy

Cookie Policy of TravelTank Limited.

What are cookies?

We may use cookies for collecting user information from the site, its applications or other platforms. We will only read cookies from your cookie file placed there through your web browsers interaction with our site.

Cookies are messages given to a web browser by a web server. The message is then stored by the browser in a text file called cookie.txt. Each time the browser requests a page from the server, this message is sent back.

A cookie's main objective is to identify users and personalize their visit by customizing web pages for them, for example by welcoming them by name the next time they visit the same site.

A site using cookies will usually invite you to provide personal information such as your name, email address and interests.

What do we use cookies for?

Better Experience for you

In our site, we use personal information gathered to help improve our functionality and services, run diagnostics, analyze trends, track visitor movements, collect broad demographic information and personalize our services.

Our use of cookies allows us to personalize our offerings to your by storing your preferences and settings which ultimately improves your user experience. We store information between various pages visited and use persistent cookies to recognize when you have returned to our site. These cookies can be deleted and are only used to store your search preferences and recent searches.

Marketing cookies are also used to measure the effectiveness of our campaigns and also in allowing you to connect and share content from our website through social media.

Improve our website

Google Analytics, Facebook Analytics, and doubleclick cookies are used on this site to collect impersonal information such as IP addresses, referral URLS and exit pages, device and software identifiers, usage information on our site, purchase behavior and purchase history as well as MAC and Mobile unique device addresses.

If you don’t want cookies to be installed on your device, you can change the settings on your browser or device to reject cookies.

Please note that, if you do set your internet browser to reject cookies, you may not be able to access all of the functions of our site. More so, the performance and some features on the site may be negatively impacted. For opting out of doubleclick cookies, please visit the opt out page of Google Analytics.

We may share information on your use of our site to marketing agencies tasked in helping us refine and personalize our service offerings. Therefore, by you using this site, you consent to our cookies.

SharkPay Terms

SharkPay Product Description & Terms of TravelTank Limited.

Please read this product description and terms carefully as they contain important information about your rights and obligations. By accessing or using the SharkPay product offering, you agree to be legally bound by the terms and conditions contained below. If you (“the customer”) do not wish to be bound by these terms and conditions below, please do not use the SharkPay product offering.

In addition to the terms outlined below, TravelTank Limited’s (“TravelTank”) terms and conditions as contained on its website herein:
https://traveltank.com/home/legals.php?ref=termsandconditions and other policies of TravelTank on its website shall also apply to the customer on the SharkPay product offering.

TravelTank reserves the right to change the terms contained herein upon notice to you.

SharkPay by TravelTank is a product of TravelTank and a stand-alone product offered to TravelTank’s customers.

TravelTank’s SharkPay offers TravelTank’s customers a way of avoiding price increases on their bookings and enables them to manage and control their finances more effectively. It does so by securing (making full payment) of a customer’s booking (flight reservation, hotel booking or packages flight + hotel) immediately whilst also giving the customer several instalment payment option plans.

TravelTank will only release a flight ticket or hotel voucher to a customer who uses our SharkPay service when the customer has fully paid for the booking including SharkPay’s processing or other incidental fees and costs.

If a customer defaults on a payment, the flight ticket or hotel voucher is cancelled 10 days to the departure date or after a 21-day grace period (whichever come s first).

The booking flow when using TravelTank’s SharkPay works as follows:

  1. A 30% minimum down payment must be made to secure the flight ticket or hotel voucher. This is done on TravelTank’s check out page by the customer.
      1. The 30% minimum down payment includes SharkPay’s processing fees.
      2. Any cancellation on the booking will attract cancellation charges
      3. Payment can be made to TravelTank via bank transfer, debit/credit card or via a customer’s TravelTank wallet.
  2. Once the customer’s 30% minimum down payment is confirmed by TravelTank, TravelTank will purchase the full amount of the booking (100%) T+1 after which the flight ticket or hotel voucher is issued and secured.
  3. The Customer then makes instalment payments OR pays within 30 days as per their selected instalment plan and tenure. Customers can choose their preferred payment plan, down payment amount (more than 30%), dates and number of instalments.
  4. Once all payments have been met, TravelTank will send the flight ticket or hotel voucher to the customer.

Terms

  1. The customer shall be required to pick a primary mode of payment which may be by debit/credit card, bank transfer or via a customer’s TravelTank wallet.
  2. Customers must pay the full amount of their booking 10 DAYS BEFORE the departure date and according to the selected repayment option and settlement dates.
  3. Bookings made on TravelTank via our SharkPay service are subject to a 30% minimum down payment. This minimum down payment includes a processing fee for using the product.
  4. Any cancellation on the booking would attract cancellation charges.
  5. Once the 30% minimum down payment has been confirmed, the flight ticket or hotel voucher will be issued and held until all instalment payments have been completed.
  6. Notwithstanding the primary mode of payment selected by you, you shall provide TravelTank with details of a valid debit or credit card (“your card”) for fulfilment of your payment obligations upon signing up to use the SharkPay service. For this purpose, you hereby irrevocably authorize TravelTank or its third-party service provider to automatically debit your card for your payment obligations on the SharkPay service whenever your payment obligations become due if your mode of payment is via your card or where there is a default on any other mode of payment selected by you.
  7. You covenant, warrant and undertake that your card shall be at all material times fully, sufficiently and appropriately funded to meet your payment obligations on the SharkPay service if your mode of payment is via your card or where there is a default on any other mode of payment selected by you; you have permission, authority and consent to provide us or our third-party service provider with your card; and shall indemnify TravelTank or our third-party service provider for any breach of covenants, warranties and undertakings herein.
  8. You covenant, undertake and warrant that TravelTank or its third-party service provider shall have the power to set-off any indebtedness under the SharkPay service from all such monies and funds standing to your credit in your card.
  9. You hereby irrevocably appoint TravelTank including its directors, agents or legal representatives during the period of your payment obligations on the SharkPay service to be your true and lawful attorney for and on your behalf and in your name to do and perform all things necessary to be done in connection with the SharkPay service including debiting your card to meet all your payment obligations.
  10. In the event of default or insufficiency of funds in your card, you hereby authorise us or our third-party service provider to charge any other card you may have used on the SharkPay service on an ongoing basis until your indebtedness is fully liquidated.
    You hereby indemnify TravelTank and or its third-party service provider against any and all losses, liabilities, suits, actions, costs or damages that may arise, be suffered or incurred by TravelTank as a result of your use of a third – party’s card without the consent of such third party or for any breach of your obligations on the SharkPay service.
  11. TravelTank will send email reminders to prompt customers who opted to pay via bank transfer before instalment payments are due. TravelTank may also send email reminders to customers to ensure their bank cards are fully and sufficiently funded to meet their payment obligations in the event of a default on any other payment option selected.
  12. A lien (the flight ticket or hotel voucher will not be sent to the customer) will be placed on the issued booking until ALL instalments have been paid in full.
  13. TravelTank will not release a flight ticket or hotel voucher to a customer in case they wish to apply for PTA or BTA until ALL instalments have been paid in full.
  14. If a customer wishes to make changes to a booking, this can only be done when ALL instalments have been paid in full.
    1. Customers will be required to finish the instalment repayments AND also pay for any fare difference or charges applied by the airline or hotel BEFORE a change can be effected.
  15. Default
    1. TravelTank will charge the customer a 5% penalty rate in case of any default on the agreed payment plan.
    2. Flight tickets or hotel vouchers will be cancelled 10 days to the departure date or after a 21-day grace period (whichever comes first).
    3. In the event of any failure or default by the customer to pay any amount which is due and outstanding under the SharkPay product offering; any breach by the customer of these terms and conditions; or any failure or default by the customer to carry out its payment obligations on the SharkPay product offering, TravelTank shall be entitled to terminate the agreement with the customer, and/or seek and recover from the customer, any damages, costs or losses suffered as a consequence.
  16. Refund
    1. If a customer has cancelled a booking, the customer may be entitled to a refund.
      1. HOWEVER, all necessary cancellation charges will be applied to the amount sought to be refunded plus any damages or other losses suffered by TravelTank as a result of your breach/failure to comply with/fulfil your obligations on the SharkPay product offering before the refund (if any) is processed to the customer.
    2. The same refund process above will apply to customers who book one of the following TravelTank extras; lounge access, protocol service, travel insurance, comfort package, covid test booking, medical refund and airline liquidation protection.

API Terms

Addendum to the TravelTank Limited Affiliate Agreement — API Usage

This Addendum (the “API Addendum”) supplements the TravelTank Limited Affiliate Agreement entered into between TravelTank Limited (“TravelTank”) and the Affiliate (the “Principal Agreement”). It governs the Affiliate’s access to and use of the API made available by TravelTank.

By requesting, accepting, accessing or using API Credentials, the Affiliate expressly agrees to be legally bound by the terms of this API Addendum in addition to the terms of the Principal Agreement. In the event of any conflict between this API Addendum and the Principal Agreement in respect of the API, this API Addendum shall prevail. All capitalised terms not defined herein shall have the meanings ascribed to them in the Principal Agreement.

1. Definitions

For the purpose of this API Addendum the following terms shall have the meaning assigned to them hereunder, namely:

    1. “API” means the application programming interface made available by TravelTank to the Affiliate, including all endpoints, request formats, response formats, schemas, documentation and any successor or replacement interface from time to time.
    2. “API Call” means any request issued by the Affiliate, or by any system acting on behalf of the Affiliate, to any endpoint of the API, regardless of the response returned.
    3. “API Credentials” means the API key(s), client identifier(s), client secret(s), token(s) and any other authentication material allocated by TravelTank to the Affiliate to enable access to the API.
    4. “Billable Call” means any API Call which, whether successful or not, causes TravelTank to incur a fee, charge or other cost from a Downstream Provider.
    5. “Downstream Provider” means any third-party supplier, aggregator, global distribution system, content provider or other service from which TravelTank sources content or services exposed (in whole or in part) through the API.
    6. “End User” means a Customer or other natural person on whose behalf, and with whose knowledge, the Affiliate issues API Calls.
    7. “Rate Limit” means any limit imposed by TravelTank on the volume, frequency, concurrency, burst rate or shape of API Calls that the Affiliate may issue, as notified by TravelTank from time to time.
    8. “Technical Documentation” means the API documentation, schemas, integration guides and any other technical materials provided by TravelTank to the Affiliate in respect of the API, as updated from time to time.

2. Grant of API Access

    1. Limited Licence: Subject to the terms of the Principal Agreement and this API Addendum, TravelTank grants to the Affiliate a limited, non-exclusive, nontransferable, non-sublicensable and revocable licence to access and use the API and the Technical Documentation solely for the purpose of facilitating Transactions in respect of TravelTank’s Services on behalf of End Users.
    2. No Other Use: The Affiliate shall not use the API, any API response, or any data obtained through the API for any purpose other than that set out in Clause 2.1. Without limitation, the Affiliate shall not use the API to build, train, populate, benchmark or evaluate any competing product, service, dataset, model or index or for any copying, analytic, intelligence-gathering, optimisation, artificial intelligence or machine-learning purpose.
    3. Activation and De-activation: API access shall be activated upon issuance of API Credentials by TravelTank and may be de-activated, suspended, revoked or replaced by TravelTank at TravelTank’s sole discretion in accordance with this API Addendum.

3. Affiiliate Obligations Specific to the API

    1. Safeguarding of API Credentials: API Credentials are confidential. The Affiliate shall: (i) keep all API Credentials secret and secure; (ii) not share, publish, embed in client-side code, commit to public source repositories, or otherwise expose API Credentials to any third party; (iii) be solely responsible for all API Calls made using its API Credentials, whether or not authorised by the Affiliate; and (iv) notify TravelTank immediately upon becoming aware, or suspecting, that any API Credentials have been compromised.
    2. Compliance with Documentation: The Affiliate shall integrate with and use the API strictly in accordance with the Technical Documentation. The Affiliate shall not reverse engineer, probe, fuzz, or otherwise attempt to discover undocumented endpoints, parameters or behaviours of the API.
    3. End User Consent and Knowledge: Each API Call must correspond to a genuine and contemporaneous request by, or action on behalf of, an identified End User with that End User’s full knowledge and consent. The Affiliate shall not issue API Calls speculatively, on a precautionary basis, or otherwise without a corresponding End User instruction.
    4. No Automated Traffic without Authorisation: The Affiliate shall not, without TravelTank’s prior written consent, issue API Calls by means of robots, spiders, scrapers, crawlers, schedulers, bulk loaders, scripted clients or any other automated means save for the Affiliate’s own genuine front-end systems serving identified End Users.
    5. No Caching Beyond Permitted Periods: The Affiliate shall not store, cache, persist or re-display any data obtained from the API for any period or purpose other than as expressly permitted in the Technical Documentation. Pricing and availability data, in particular, must not be cached beyond the validity period stated in the relevant API response. The Affiliate shall not present stale data to End Users.
    6. No Resale or Redistribution of Raw Data: The Affiliate shall not sell, sub-licence, syndicate, redistribute, publish or otherwise make available to any third party any raw data, data feed, schema, response payload or derived dataset obtained from the API. Data obtained from the API may only be presented to End Users in the context of facilitating a Transaction.
    7. Accurate Identification: Every API Call shall include such headers, identifiers and metadata as TravelTank may from time to time require, including without limitation an accurate user-agent string and any End User reference required for traceability.
    8. Prompt Updates: Where TravelTank notifies the Affiliate of a deprecation, version change, security patch or breaking change to the API, the Affiliate shall implement the corresponding change within the timescale notified by TravelTank, failing which TravelTank may suspend or terminate API access without further notice.

4. Rate Limits and Fair Use

    1. Rate Limits: TravelTank may, in its sole discretion, impose, vary or remove Rate Limits from time to time. Rate Limits may be applied globally, per endpoint, per credential, per End User, per IP address or on any other basis TravelTank reasonably determines. TravelTank shall use reasonable efforts to notify the Affiliate of material changes to Rate Limits, but Rate Limits applied to mitigate abuse, security incidents or Downstream Provider constraints may be applied with immediate effect and without prior notice.
    2. Fair Use: Irrespective of any specific Rate Limit, the Affiliate shall use the API only in a manner that is reasonable, proportionate to genuine End User demand, and consistent with the technical and commercial integrity of the API. Without limitation, the Affiliate shall not:
      • issue duplicate, repeated or near-identical API Calls in circumstances where the response would not have materially changed;
      • issue search, pricing or availability calls in volumes disproportionate to the Affiliate’s actual booking conversion;
      • poll the API more frequently than is necessary to serve a genuine End User request;
      • issue API Calls for the purpose of price scraping, market intelligence, competitor monitoring, dataset construction or model training; or
      • take any action that, in TravelTank’s sole opinion, imposes or might impose an unreasonable, abusive or disproportionately large load on the API, on TravelTank’s infrastructure, or on any Downstream Provider.
    3. Excess Volume: Without prejudice to TravelTank’s other rights, where the Affiliate’s API Calls exceed any applicable Rate Limit or Fair Use threshold, TravelTank may (i) reject, throttle or queue further API Calls; (ii) suspend the Affiliate’s API access in accordance with Clause 7; and/or (iii) charge the Affiliate for the resulting costs in accordance with Clause 5.

5. Downstream Costs and Charges

    1. Acknowledgement of Downstream Costs: The Affiliate acknowledges and agrees that a number of API endpoints invoke services provided by Downstream Providers and that each Billable Call incurs a cost to TravelTank, regardless of whether the End User ultimately completes a booking and regardless of whether the response returned is successful, partial, empty, cached or in error.
    2. Pass-Through of Excess Costs: Where, in TravelTank’s reasonable assessment, costs incurred from Downstream Providers as a result of the Affiliate’s API Calls are excessive having regard to (i) any applicable Rate Limit or Fair Use threshold, (ii) industry-standard look-to-book ratios, or (iii) the Affiliate’s actual booking conversion, TravelTank shall be entitled to invoice the Affiliate for the whole or any part of such excess costs, together with reasonable administrative handling, and the Affiliate shall pay each such invoice within fourteen (14) days of issue.
    3. Set-off: TravelTank shall be entitled to deduct any amount owed by the Affiliate under this Clause 5 from any sum standing to the credit of the Affiliate’s Affiliate Account, including (without limitation) any deposit balance, by way of set-off, without further notice or consent.
    4. Variation of Charges: The Fees provisions of the Principal Agreement (including Clause 4.1 thereof) shall apply, mutatis mutandis, to any charges introduced or varied by TravelTank in respect of the API.
    5. Records: TravelTank’s records of API Calls, Billable Calls, costs incurred and Rate Limit breaches shall, save in the case of manifest error, be conclusive evidence of the matters they record.
    6. Non-Liability: TravelTank does not warrant and shall not be responsible for the accuracy, completeness, availability or performance of any content or services provided by any Downstream Provider.

6. Monitoring and Audit

    1. Monitoring: The Affiliate acknowledges and agrees that TravelTank may monitor, log, inspect, analyse and retain records of all API Calls (including request and response payloads, headers, timing data, originating IP address and identifiers) for the purposes of: security; abuse prevention; capacity planning; cost recovery; service improvement; investigation of complaints; and compliance with this API Addendum and applicable law.
    2. Audit: TravelTank may, upon notice, audit Affiliate’s systems and records relating to API usage. In such circumstances, Affiliates shall provide all requested information and documentation and shall fully cooperate with TravelTank in this regard. Affiliate shall have no right to audit TravelTank’s systems.
    3. Investigation: Where TravelTank reasonably suspects misuse of the API, the Affiliate shall cooperate fully and promptly with any investigation, including by providing such information, logs, contact details and access to systems as TravelTank may reasonably request.

7. Suspension, Throttling and Termination of API Access

    1. Unilateral Suspension: Notwithstanding any other provision of the Principal Agreement or this API Addendum, TravelTank may, in its sole discretion and with immediate effect, suspend, throttle, restrict, rate-limit, disable or revoke the Affiliate’s API access, in whole or in part, where TravelTank reasonably suspects or determines that:
      • the Affiliate is in breach of any provision of this API Addendum or the Principal Agreement;
      • the Affiliate’s API Calls exceed any applicable Rate Limit or Fair Use threshold;
      • the Affiliate’s API Calls are causing, or are likely to cause, excessive Downstream Provider costs;
      • the Affiliate’s API Credentials have been, or are likely to have been, compromised;
      • the Affiliate’s pattern of API Calls is indicative of scraping, automated abuse, denial-of-service, fraud, security probing or other prohibited use;
      • continued API access poses a risk to the security, stability or integrity of the API, TravelTank’s systems, any Downstream Provider, any End User or any other Affiliate; or
      • suspension is required to comply with the request, requirement or direction of any Downstream Provider, regulator, governmental authority or court.
    2. No Prior Notice Required: TravelTank shall not be required to give prior notice of any suspension, throttling or revocation under Clause 7.1, and shall not be liable to the Affiliate or any third party for any loss, damage, cost or expense howsoever arising from any such action taken in good faith.
    3. Notification and Remediation: Where reasonably practicable and not contrary to security or legal considerations, TravelTank may notify the Affiliate of the suspension and the basis on which it has been imposed. Where the basis for suspension is capable of remediation, TravelTank may (but shall not be obliged to) reinstate API access upon being satisfied that appropriate remedial action has been taken.
    4. Termination of API Access: TravelTank may terminate the Affiliate’s API access at any time, with or without cause, upon written notice. Termination of API access under this API Addendum shall not, of itself, terminate the Principal Agreement; the Affiliate may continue to use the Website and Applications in accordance with the Principal Agreement notwithstanding the termination of API access. For the avoidance of doubt, termination of the Principal Agreement shall automatically terminate API access.
    5. Consequences of Suspension or Termination: Upon suspension, revocation or termination of API access, the Affiliate shall (i) immediately cease all use of the API, the API Credentials and the Technical Documentation; (ii) destroy or return any data obtained from the API to the extent not required for the completion of in-flight Transactions or for legal record-keeping purposes; and (iii) remain liable for all sums owed in respect of API usage up to the effective date of suspension, revocation or termination.

8. Security

    1. Security Standards: The Affiliate shall implement and maintain technical and organisational measures appropriate to protect API Credentials and any data obtained from the API against unauthorised access, disclosure, alteration, loss or destruction.
    2. Incident Notification: The Affiliate shall notify TravelTank without undue delay, and in any event within twenty-four (24) hours, of becoming aware of any actual or suspected security incident, credential compromise or unauthorised use of the API by, on behalf of, or through systems controlled by the Affiliate.
    3. Rotation of Credentials: TravelTank may rotate, replace, reissue or invalidate API Credentials at any time at its sole discretion, including without limitation in response to an actual or suspected security incident.

9. Data Protection

    1. Compliance: The Affiliate shall comply with all applicable data protection laws in respect of any personal or sensitive data submitted to or received from the API and shall obtain the valid, informed and express consent of End Users before the processing of any of their personal or sensitive data.
    2. Purpose Limitation: The Affiliate shall not use any personal or sensitive data obtained from or via the API for any purpose other than facilitating the relevant Transaction for the End User to whom the data relates. Affiliate shall be solely liable for any fines, penalties, or claims arising from its handling or use of personal or sensitive data submitted to or received from the API. The Affiliate shall indemnify TravelTank against any fines, penalties, claims or losses arising from the Affiliate’s data protection breaches.

10. Liability and Indemnity

    1. Indemnity: Without prejudice to the indemnity contained in the Principal Agreement, the Affiliate shall indemnify and hold harmless TravelTank, its directors, officers, employees, licensees, agents and independent contractors from and against any and all losses, costs, claims, damages, liabilities and expenses (including legal fees and Downstream Provider charges) arising out of or in connection with: (i) the Affiliate’s use or misuse of the API; (ii) any breach by the Affiliate of this API Addendum; (iii) any compromise or unauthorised use of the Affiliate’s API Credentials; and (iv) any claim by a Downstream Provider arising from the Affiliate’s API Calls. Affiliate’s indemnity obligations shall survive any termination and extend to claims brought after termination arising from prior API usage.
    2. Limitations of Liability: The limitations and exclusions of liability set out in the Principal Agreement shall apply, mutatis mutandis, to TravelTank’s liability under or in connection with this API Addendum.
    3. No Service Level Commitment: The API is provided on an “as is” and “as available” basis. TravelTank makes no representation or warranty as to the availability, performance, accuracy, completeness or suitability of the API or any data obtained therefrom.

11. General

    1. Effect on Principal Agreement: Save as expressly modified or supplemented by this API Addendum, all terms of the Principal Agreement remain in full force and effect and apply to the Affiliate’s use of the API. References in the Principal Agreement to the “Website” and “Applications” shall, where context permits, be read as including the API.
    2. Amendments: TravelTank may amend this API Addendum from time to time in accordance with the modifications provisions of the Principal Agreement. For changes required to address security, abuse, Rate Limits or Downstream Provider constraints, TravelTank may apply such changes with immediate effect. Any such amendment shall be valid and binding on Affiliate.
    3. Version Changes: TravelTank shall have the unfettered right and in its sole discretion and without liability to modify, upgrade or implement technical changes to the API including without limitation, the right to change endpoints or features.
    4. Governing Law and Dispute Resolution: The governing law and dispute resolution provisions of the Principal Agreement shall apply to this API Addendum.

TravelTank Limited Affiliate Agreement

Welcome to TravelTank Limited's ("TravelTank") Affiliate Agreement. Please read the terms and conditions contained herein carefully as they govern the relationship between TravelTank and the Affiliate. By accessing the Programme, you expressly agree to be legally bound by these terms and conditions.

Subject to the terms and conditions contained herein, the Affiliate will be able to: register on the Website and/or Applications and make bookings themselves; customize its tickets with its brand logo, email address, agency name and phone number; earn upfront discounts from TravelTank; and access all of TravelTank's services including but not limited to flights; hotels; transfers; visas; holiday packages and travel insurance.

1. Definitions

For the purpose of this Agreement the following terms shall have the meaning assigned to them hereunder, namely:

    1. "Affiliate" means "you" or any person or entity that partakes in the Programme.
    2. "Affiliate Account(s)" means the account that is accessed by the Affiliate by using the unique log-in and password allocated by TravelTank to the Affiliate upon registration and which allows the Affiliate to access the reservation system available through the Website and or Applications.
    3. "Agreement" means this Agreement, or any amendments, modifications or supplementals.
    4. "Applications" means any TravelTank applications.
    5. "Chargeback" includes but not limited to instances where a credit card or debit card or any other payment method transaction that is being disputed by the card issuer and for which charges are being reversed.
    6. "Confidential Information" means all information, data, documents, and materials of any nature whatsoever which is of, for or connected to TravelTank including but not limited to: any financial, technical or commercial information, strategies, business plans, project plans, know how, formulae, contact information, clients, sponsors, suppliers, designers, media, intellectual property, patents and designs, trademarks, copyrights, branding, trade secrets, investors, financiers, lenders, financial processes, operations, technology, algorithms, software programs, codes, codebase, admin panel, software source documents, engineering processes, sales, costs and profit data, pricing information, procurement requirements, purchasing, manufacturing, customer lists, employees, directors, shareholders, business and contractual relationships, merchandising, information TravelTank provides regarding third parties, assets and liabilities, training manuals, videos, documents, records and other tangible items of any kind in which Confidential Information is stored, maintained or recorded or from which TravelTank Confidential Information may be readily ascertained whether in the form of documents, correspondence, memoranda, books, files, notes, plans, reports, programs, drawings, sketches, designs, graphics, photographs, prints, paintings, pictures, films, recordings, media, software, disks, diskettes, charts, manuals, materials or any other medium including copies or other reproductions of any of the foregoing, whether prepared by or for TravelTank, and any other information which TravelTank does not disclose to third parties or the public, or which TravelTank requests confidentiality and protection of any and all work product produced from this arrangement, and which has been disclosed to Affiliates that is not known by other third parties or the public.
    7. Notwithstanding the foregoing, all information and materials of TravelTank would be considered "Confidential Information" of TravelTank when either of the following occur:
      1. It is first disclosed in tangible form and is conspicuously marked "Confidential" or is requested to be held in Confidence whether orally or otherwise or;
      2. It is first disclosed in either tangible or non-tangible form and orally or otherwise identified as confidential at the time of disclosure and/or is later summarized in tangible form and/or conspicuously marked "Confidential" and provided to Affiliate within 90 days of the original oral or non-tangible disclosure.
    8. "Customer" means an individual or entity for whom an Affiliate performs a transaction on the Website or Applications during the subsistence of this Agreement.
    9. "Force Majeure" means actions or events beyond a Parties control and includes but is not limited to acts of God, war, riot, fire, civil commotion, strikes, lock outs, embargoes, any lawful order of any governmental authority, change in law or any other similar cause beyond the control and without the fault or negligence of the parties to this agreement.
    10. "Intellectual Property" means any and all Intellectual Property whether or not registered, and shall include without limitation: Patents and Designs, Trademarks, the Website, Applications, Internet Domain Names, Service Marks, Copyright, Know-How, Trade Secrets, Promotional Material, Links, Databases, Trade and Business Names, Brands and any other similar rights and any applications for any of the foregoing.
    11. "Programme" means the Affiliates successful registration with TravelTank in order to enable it: register on the Website and/or Applications and make bookings themselves; customize its tickets with its brand logo, email address, agency name and phone number; earn upfront discounts from TravelTank; and access all of TravelTank's services including but not limited to flights; hotels; transfers; visas; holiday packages and travel insurance.
    12. "TravelTank's Services" means the services provided by TravelTank via the Website and or Applications including but not limited to flights; hotels; transfers; holiday packages and travel insurance.
    13. "The Website" means TravelTank's website at www.traveltank.com.

2. Affilliate Registration

    1. In order to access the Programme, the intending Affiliate must register on the Website and pass the verification process. Once passed, the Affiliate will attend an online Affiliate onboarding session and/or will be provided with requisite information and documentation in order to use the platform and to enable it make a deposit in its Affiliate Account and access the Programme.

3. Affilliates Obligations

    1. Use of TravelTank Material: Affiliate shall not modify any of TravelTank's material or links unless prior written consent has been obtained from TravelTank; failure to comply with this rule will entitle TravelTank to take action including but not limited to rendering Affiliate links inoperative.
    2. Access to Website or Applications: Affiliate shall access and use the Website and or Applications in a manner consistent with this Agreement.
    3. Use of Affiliate Account: Affiliate shall use the Affiliate Account to access the Website and or Applications to input Customer Data solely for the purposes of making use of TravelTank's Services on behalf of Customers. Affiliate must safeguard its account information, including the Affiliate Agent ID, and must supervise and will be completely responsible for any use of the Affiliate Account by the Affiliate and any other person. Affiliate shall ensure that the Customer Data and any other information submitted to the Website is complete and accurate.
    4. Customer Contracts: Prior to the completion of a Transaction, Affiliate shall: (i) make clear to the Customer that any fee charged by Affiliate for facilitating the Transaction ("Booking Fee") is charged by and payable to Affiliate and not TravelTank; (ii) communicate to Customer that the Customer should read and accepts the General Terms and Conditions, Privacy Policy and Cookie Policy of TravelTank ("the Terms") available on the Website; (iii) communicate fully and accurately to the Customer the description of the travel services to which the Transaction relates as made available on the Website; (iv) communicate fully and accurately to the Customer any limitations or restrictions relating to the relevant travel services including, without limitation, whether cancellations or changes are permitted and the consequences of same; (v) where an Affiliate is making bookings themselves, it shall ensure that its terms and conditions are in pari materia and or consistent with the Terms, thereby ensuring that the Customer invariably complies with the Terms. Affiliate undertakes not to make any verbal or written assurances to a Customer which are additional to or contradicts the Terms. Affiliate shall be solely responsible and liable in respect of any representations, or special request confirmed or made to the Customer without TravelTank 's prior written authorization and approval.
    5. Customer Communication and Complaints: Affiliate shall within 24 hours of receipt: (i) provide to Customer, without modification or deletion, all information received from TravelTank relating to a Transaction (e.g., TravelTank's booking confirmation emails and other customer support communications); and (ii) provide to TravelTank without modification or deletion all communications relating to a Transaction (e.g., further booking requests and other customer service inquiries) or complaints (including any complaint to the Nigerian Civil Aviation Authority or any other regulatory agency) received from Customer. In particular, Affiliate shall inform Customers of any obligation to pay cancellation or amendment charges where that Customer requests the cancellation or amendment of the Transaction. Affiliate will be solely liable for any variation between the cancellation policies provided to Affiliate by TravelTank and those that are communicated by Affiliate to Customer. Affiliate shall notify TravelTank within three (3) days of Affiliate's receipt of any Customer formal complaint, claim or action regarding a Transaction. Affiliate acknowledges and agrees that TravelTank shall have the right to attempt to settle any such formal complaint, claim or action directly with the Customer. If TravelTank attempts such a settlement, Affiliate shall provide TravelTank with all information and assistance to help TravelTank to reach settlement and Affiliate shall refrain from taking any other action in respect of the relevant formal complaint, claim or action unless required to do so by law. If TravelTank is able to reach a settlement, Affiliate shall cooperate fully in finalizing such settlement including, without limitation, executing any documents which TravelTank deems necessary for such purpose. Affiliate acknowledges and agrees that TravelTank shall have no liability to Affiliate in respect of any formal complaint, claim or action regarding a Transaction where Affiliate does not act in accordance with this Clause.
    6. Customer Incentives: Affiliate shall not be entitled to take advantage of incentives offered by TravelTank for the benefit of Customers ("Customer Incentives") for the Affiliate's own use and enjoyment. Customer Incentives include but shall not be limited to any promotional voucher or offer attached to particular bookings which may be made available from time to time in the booking path. Affiliates shall assist Customers to redeem Customer Incentives made available in relation to the relevant Transaction for use and enjoyment by the Customer as necessary.
    7. Customer Care: Affiliate shall be responsible for first line Customer support in relation to Transactions and shall facilitate the provision to Customers of information available on the Website in relation to any particular Transaction. In addition, Affiliate shall facilitate the provision of customer care and support by TravelTank to the Customer in relation to booking amendments or cancellations or any other Customer support function which cannot be managed via the Website.
    8. Fraud: Affiliate shall be solely responsible for, and shall indemnify TravelTank from and against any losses, costs, expenses (including legal fees) and other liabilities arising from or in connection with fraud or misuse of credit cards by means of which Transactions are completed, regardless of whether such credit cards belong to Affiliate or to the Customer, or to any other person. Affiliate must cooperate fully and provide TravelTank with all reasonable assistance as requested by TravelTank, in connection with any investigation by TravelTank into suspected Transaction fraud.
    9. Affiliates Sites: The Affiliate will retain complete control over their sites and must ensure that they continue to be appropriate to this Agreement as well as TravelTank's General Terms and Conditions. TravelTank will remain completely separate from Affiliates sites and as such TravelTank will not be included in any claims, damages and expenses relating to the development, operation/maintenance and contents Affiliates sites. Affiliate should continually be aware that their conduct has the potential to affect TravelTank's image and should therefore conduct their activity in a way that does not damage or have a negative impact on TravelTank.
    10. Non-Circumvention: Affiliate hereby irrevocably agrees not to circumvent, avoid, bypass or obviate TravelTank directly or indirectly in respect of this Agreement.
    11. General: The Affiliate shall ensure that all information provided to TravelTank are accurate and complete. Affiliate shall also comply with all data protection laws.

4. Fees/Payments

    1. Variation of Fee rates: Affiliate acknowledges and agrees that TravelTank may, from time to time in its sole discretion and without requiring the further consent of Affiliate, vary the Fees communicated to the Affiliate. If TravelTank makes such a variation it shall notify Affiliate of its decision in writing (which notification may be by email or by a notice displayed on the Website). If TravelTank makes such a notification, the new rates of Fees shall apply from the first day of the next calendar month following the month in which any such notification is made by TravelTank.
    2. Invalid Transactions: TravelTank shall be entitled to immediate annulment of Invalid Transactions. An Invalid Transaction shall be a Transaction which in whole or in part: (i) is cancelled; (ii) is, in TravelTank's reasonable opinion, fraudulent; (iii) results in a chargeback for any reason (including, without limitation, fraud, duplicated or other errors in payment processing or a credit not processed); (iv) relates to any conduct of Affiliate which breaches this Agreement; or (v) results in payments into a wrong bank account or other account.
    3. Limitation of Liability/Risks: TravelTank shall not be liable howsoever the same may arise or be responsible for either the Affiliate or its Clients or Customers actions, inactions or negligence which leads to a Customer or Affiliates Clients paying into a wrong bank account or other account. In similar circumstances, TravelTank shall not be liable howsoever the same may arise or be responsible for payments made to the wrong bank account or other account as a result of the Affiliates failure or neglect in inputting accurate data/details. Such instances shall at all material times constitute Invalid Transactions and the Affiliate shall bear all risks/liabilities in such instances.
    4. Taxation Liability Notwithstanding any other provision to the contrary herein, Affiliate shall be responsible for any and all taxes, duties and impositions imposed on Affiliate resulting from this Agreement, including interest and penalties thereon and additions thereto.

5. Representations, Waranties, indemnities & Limitations

    1. Representations & Warranties: The Affiliate represents and warrants that: It has full authority and power to enter into this agreement and has taken all necessary actions to authorize its entry and performance of this Agreement; this Agreement constitutes a legal, valid and binding obligation on it and is enforceable in accordance with its terms by appropriate legal remedy; the execution and performance of this Agreement will not breach or constitute a default under its articles of association (where the Affiliate is a company), or any agreement, instrument, order, judgement or other restriction which binds it; its entry into this Agreement does not violate the provisions of any Applicable Laws including Nigerian Civil Aviation Authority laws; it has the capacity to perform its obligations under this Agreement; and to the extent that the Affiliate is a company, it is duly organized and validly existing under the laws of the place of its incorporation and has full corporate power and authority to enter into this Agreement and to carry out the provisions hereof.
    2. The representations and warranties set out in this Agreement are continuous in nature and shall always be deemed to have been given by Affiliate upon acceptance of these terms and conditions and thereafter.
    3. Indemnity: Affiliate shall, at its expense and TravelTank's request, defend any third party claim or action brought against TravelTank and all of its respective directors, officers, employees, licensees, agents and independent contractors: (i) arising out of or related to Affiliate's use of the Affiliate Account; (ii) arising out of or related to the information submitted by Affiliate to TravelTank; (iii) arising out of or related to any handling by Affiliate of data, records and information of any Customer or related to the performance of this Agreement; (iv) arising, directly or indirectly, from or in connection with the fraudulent use of credit cards; (v) arising from any claim that, if true, would constitute a breach of Affiliate's warranties, representations or covenants set forth in this Agreement; and Affiliate shall indemnify and hold TravelTank harmless from and against any costs, damages and fees reasonably incurred by TravelTank including but not limited to fees of legal advisers and other professionals that are attributable to such Affiliate Claims.
    4. Limitation of Liability: In no event shall TravelTank or its directors/shareholders be liable for any special, indirect, incidental, consequential, aggravated or exemplary damages of any nature arising out of or related to this Agreement. The foregoing shall apply regardless of the negligence or other fault of TravelTank and regardless of whether such liability sounds in contract, negligence, tort, strict liability or any other theory of liability. Under no circumstances shall TravelTank be liable to Affiliate or any third party for: (i) any damage resulting from an error or interruptions of the provision of the Website or Applications, or as a result of Affiliates negligence or failure/refusal to perform its obligations; or (ii) an amount greater than the aggregate amounts paid by or ought to have been paid by TravelTank to the claimant for the Service.
    5. Limitation of Warranty: Except as expressly warranted herein, to the fullest extent permitted by law TravelTank does not make any, and Affiliate acknowledges that TravelTank has not made any, and hereby specifically disclaims any representations or warranties, conditions or other terms express or implied, whether implied by statute, common law, custom, collaterally or otherwise regarding the Website, if any, including, but not limited to any implied warranty of satisfactory quality, merchantability or fitness for a particular purpose. TravelTank shall not be held responsible for any loss of business suffered through the performance of the Website. TravelTank will have no liability to the Affiliate or any of its customers for (a) any failure of the Website that results in the failure or inability to process a transaction, or (b) the quality of the services provided to Customers.

6. Intellectual Property

    1. TravelTank shall own all Intellectual Property rights in connection with and in (i) all versions of the Website and (ii) TravelTank Marks. Affiliate acknowledges that the Website, TravelTank content and TravelTank Marks are owned by TravelTank and their use by Affiliate in connection with this Agreement inures to the benefit of TravelTank and nothing herein will grant any ownership interest in the elements of the Website, TravelTank content and TravelTank Marks or Intellectual Property to Affiliate.
    2. Subject to the terms and conditions of this Agreement, TravelTank hereby grants to Affiliate a limited, non-exclusive, revocable license to use its Intellectual Property for the purpose of this Agreement and display in-store the TravelTank Promotional Materials which may be provided by TravelTank to Affiliate from time to time and to reproduce the Booking Form and booking confirmation emails sent by TravelTank to Affiliate for use in connection with Customers who have effected a Transaction through the Website.
    3. The Website and the technology and infrastructure used to provide content to it of them are proprietary to TravelTank. Accordingly, notwithstanding anything herein to the contrary, without the express, written permission of TravelTank, which may be denied or granted in its sole discretion, Affiliate will not, directly or indirectly: (a) access, search, scrape, crawl or monitor the Website or copy, extract, use, modify, or repurpose any content or information thereon (including, without limitation, price or availability information for any travel product or service), for any purpose or by any means (e.g., robot, spider, scraper or any other automated or manual means); or (b) deep-link to any portion of the Website. In addition, Affiliate will not, directly or indirectly: (i) violate the restrictions in any robot exclusion headers on the Website or bypass, circumvent, or avoid any measure employed to prevent or limit access to the Website, including the content and information thereon; or (ii) take any action that, in TravelTank's sole discretion, imposes or might impose an unreasonable or disproportionately large load on the technology or infrastructure of the Website.
    4. Except for the limited license granted in Clause 6.2 above, Affiliate is prohibited from using or displaying (directly or indirectly), and agrees not to use, display, or reference (directly or indirectly), any Intellectual Property in any manner whatsoever (including, without limitation, in any meta-tags, search engine advertising, marketing or optimization, any other online or offline marketing or advertising, press releases, etc.) without the express, written permission of TravelTank which may be denied in the sole discretion of TravelTank. All rights not expressly granted are reserved by TravelTank. Affiliate acknowledges and agrees that any breach of this Clause will result in irreparable harm to TravelTank, as well as damages that are difficult or impossible to calculate. Affiliate agrees that compliance with this Clause may be specifically enforced in any court of competent jurisdiction, without prejudice and in addition to TravelTank's right to seek damages or other remedies for any such breach.

7. Confidentiality

    1. In performing their obligations under this Agreement, TravelTank and Affiliate will each disclose to the other Confidential and proprietary Information. The parties agree that the recipient of any such Confidential or proprietary Information of the other party will use such Confidential Information solely for the purposes for which it is provided by the other party, will not disclose such Confidential Information to any third party, and will protect such Confidential Information from unauthorized use and disclosure; provided, that the foregoing obligations will not apply to any (i) information that becomes generally publicly available through no fault of the recipient, (ii) information that the recipient obtains from a third party (other than in connection with this Agreement); (iii) information that is independently developed or acquired by the recipient; (iv) disclosure with the prior written consent of the disclosing party; or (v) disclosures which are required by applicable law. Notwithstanding the foregoing, the recipient may disclose such Confidential Information if required by any judicial or governmental request, requirement or lawful order.

8. General

    1. Force Majeure: If the performance of this Agreement or any obligation hereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance, except for the making of payments hereunder, to the extent of such prevention, restriction or interference.
    2. Notices: All notices and requests in connection with this Agreement may be sent by electronic mail or by displaying same on the Website. Correctly addressed notices sent by electronic mail shall be deemed to have been received instantaneously on transmission. Notices and requests shall be addressed to Affiliate as per the electronic mail address details submitted when applying for access to the Programme and to TravelTank at its relevant emails.
    3. Assignment: Affiliate shall not assign any rights and/or transfer, sub-contract or delegate any obligations under this Agreement and/or charge or deal in any other manner with this Agreement or any of TravelTank's respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause shall be ineffective. This Agreement is personal to the Affiliate and are entered into by Affiliate for Affiliates benefit and not for the benefit of any third party.
    4. Severability: In the event that any provision of this Agreement is found invalid or unenforceable pursuant to a judgement, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall enter into good faith discussions on the modifications which might be necessary to make them enforceable.
    5. Modifications: NNotwithstanding any stipulations contained in this Agreement, TravelTank may amend or change this Agreement at any time. TravelTank will provide to Affiliate such amended terms by e-mail or other means. Once informed, Affiliates shall be deemed to have received adequate notice and will become effective within thirty (30) days after notification has been given.
    6. Relationship of the Parties: Each party is an independent contractor, and nothing contained in this Agreement shall be construed to create or imply an affiliation, joint venture, mandate, partnership, principal-agent or employment relationship between the parties. No party shall take any action or permit any action to be taken on its behalf which purports to be done in the name of or on behalf of the other and neither shall have any power or authority to bind the other or to assume or create any obligation or responsibility express or implied on the other's behalf or in its name, nor shall either represent to any one that it has such power or authority.
    7. Waiver: In no event shall any delay, neglect or forbearance on the part of any party in enforcing (in whole or in part) any provision of this Agreement be or be deemed to be a waiver of any other provision or shall in any way prejudice the right of that party under this Agreement.
    8. General Prohibitions: In no event shall Affiliate, its personnel, contractors or agents (i) place or attempt to place references to TravelTank or the Programme on or in: publications, offline or online advertisements; unsolicited communications, including faxes, e-mails, SMS or MMS; instant messages, or other form of electronic communication unless TravelTank has provided its proper written consent or (ii) cause or attempt to cause any Transactions to be made without the Customer's full knowledge and consent.
    9. Lacuna: Where there is any lacuna in the terms of this Agreement, TravelTank's general Terms and Conditions, Privacy Policy and Cookie Policy which are all accessible on the Website shall apply.

9. Termination

    1. TravelTank in its sole discretion and without cause may terminate this Agreement immediately upon written notice for any. Affiliate may terminate this Agreement on 30 days' written notice to TravelTank.
    2. Upon termination or expiration of this Agreement for any reason: (i) Affiliate shall immediately cease using Affiliate Tracking Code and TravelTank's Promotional Materials and or Intellectual Property; and (ii) Affiliate Account shall be shut down immediately by TravelTank.

10. Governing Law and Dispute Resolution

    1. This Agreement shall be construed and enforced in accordance with the laws of the Federal Republic of Nigeria.
    2. Any difference, dispute or claim arising out of or in connection with this Agreement shall first be referred to conciliation privately amongst the Parties in order to seek an amicable settlement of the dispute in good faith.
    3. If the Parties are unable to settle the dispute amicably and agree on terms of settlement within thirty (30) days of the notice of conciliation, the Parties are at liberty to take any action in Court as they may deem fit.