Terms of Service

Important commercial position

These terms assume TripCaptain is a software administration service, not a travel agent, tour operator, payment institution, trustee or insurer. They must be revised before TripCaptain directly sells travel, holds customer money, arranges regulated packages or provides payment services.

1. About these Terms

These Terms of Service (“Terms”) govern access to and use of TripCaptain, including tripcaptain.co.uk and related applications, features, notifications and support (the “Service”). The Service is operated by [FULL LEGAL NAME], trading as TripCaptain, of [ADDRESS], company number [NUMBER, IF APPLICABLE] (“TripCaptain”, “we”, “us” or “our”).

By creating an account, accepting an invitation, purchasing a subscription or using the Service, you agree to these Terms. If you use the Service for a school, club, company or other organisation, you confirm that you have authority to bind that organisation. That organisation is the “Customer”. If you do not agree, do not use the Service.

2. Eligibility and accounts

• Organiser and administrative accounts are for people aged 18 or over who are authorised by the relevant Customer.
• You must provide accurate account information, keep it current and protect credentials and unique access links.
• You are responsible for activity under your account unless caused by our breach. Tell us promptly at [SUPPORT/SECURITY EMAIL] if access may have been compromised.
• We may require reasonable verification of identity, authority or organisational affiliation.

3. The Service

TripCaptain provides tools that may help Customers organise group trips, including passenger and booking records, balances and payment schedules, sponsorship and fundraising allocations, estimated and final costs, travel or accommodation details, itineraries, communications, reminders, reports and AI-assisted planning.

Features may vary by plan, configuration and release. We may improve or change the Service provided that we do not materially reduce paid core functionality during a current paid trip without a reasonable alternative, credit or refund where legally required.

4. Customer responsibilities

The Customer remains responsible for the trip and must:

• appoint suitable authorised organisers and maintain appropriate role permissions;
• ensure all data entered into the Service is accurate, necessary, lawful and kept up to date;
• provide required privacy information and establish lawful bases and special-category conditions for passenger data;
• obtain appropriate parent, guardian or passenger information and permissions where required;
• carry out safeguarding arrangements, risk assessments, approvals, insurance, checks and supervision required for the trip;
• independently verify itineraries, prices, availability, documents, visas, medical arrangements, accessibility, supplier terms and emergency information;
• make and reconcile payments, refunds and sponsorship allocations accurately; and
• export information it needs before its access or retention period ends.

5. Passenger, parent and invited-user access

A Customer may invite parents, guardians, passengers or other participants to view or submit information. Invited users may access only the trip, booking or information made available to them. They must not share unique links, impersonate another person, access another booking without authority or use information for an unrelated purpose.

A parent or guardian submitting a child’s information confirms that they are entitled to provide it. Where a school or club requests information, its own notices, rules and safeguarding procedures also apply.

6. Data protection

Each party will comply with applicable data-protection law. For personal data processed by TripCaptain on the Customer’s behalf, the Customer is controller and TripCaptain is processor unless the context requires otherwise. The parties’ data-processing agreement forms part of these Terms and will take priority for that processing if there is a conflict.

Our Privacy Policy explains processing for which TripCaptain acts as controller. The Customer must not instruct us to process personal data unlawfully or upload excessive information. Medical, passport, safeguarding and other sensitive information may be used only through features specifically authorised for it and with appropriate access controls.

7. Acceptable use

You must not:

• break the law, infringe rights, harass, discriminate, exploit or endanger any person;
• upload malicious code or attempt to gain unauthorised access, probe vulnerabilities, bypass limits or disrupt the Service;
• scrape, bulk extract, resell, sublicense or reverse engineer the Service except where law expressly permits;
• upload content you do not have the right to use, or use the Service to send unsolicited marketing;
• use AI features to make unreviewed safeguarding, medical, eligibility, disciplinary or other high-impact decisions;
• enter payment-card details into ordinary text fields, or special-category/child data into general-purpose AI prompts; or
• misrepresent TripCaptain as guaranteeing, operating, approving or insuring a trip.

8. AI-assisted features

AI-assisted outputs are suggestions, not professional, legal, medical, safeguarding, financial or travel advice. Outputs can be inaccurate, incomplete, outdated or unsuitable. An authorised adult must review and verify outputs before use, especially any itinerary, cost, passenger, safety or supplier information.

As between the parties, you retain rights in your lawful input content. Subject to applicable law and third-party rights, the Customer may use generated output for its internal trip administration. Similar output may be generated for others. [CONFIRM: contractual position on model training and provider retention.]

9. Travel, suppliers and bookings

Unless we expressly agree otherwise in writing, TripCaptain does not sell, arrange or supply transport, accommodation, events, insurance or package travel and is not the organiser or retailer of a package. A Customer contracts directly with each relevant supplier and is responsible for reviewing its terms, cancellation rules, financial protection and suitability.

Flight prices, schedules, availability, exchange rates and cost estimates can change. An estimated amount in TripCaptain is not a quotation, reservation or guarantee. Final costs must be entered or confirmed by the Customer from authoritative supplier information.

10. Payments and financial records

[CURRENT ASSUMPTION — CONFIRM:] TripCaptain records amounts expected or paid through methods outside the Service. TripCaptain does not receive, safeguard or hold trip funds, initiate bank transfers, issue refunds or guarantee payment. The Customer is responsible for bank details, reconciliation, receipts, refunds, chargebacks, taxes and financial controls.

If payment processing is introduced, this clause and the Privacy Policy must be replaced with terms identifying the payment provider, transaction flow, fees, settlement, refunds, chargebacks, security responsibilities and regulatory position.

11. Plans, pricing and payment to TripCaptain

Current plan limits and prices are shown at [PRICING URL] or in an accepted order. Unless an order states otherwise, the current intended model is: free for trips with up to 10 confirmed travellers; a £39 activation fee when a trip exceeds 10 confirmed travellers; £2 for each confirmed traveller above 10; and a maximum TripCaptain charge of £249 per trip. [SOLICITOR/COMMERCIAL REVIEW: define when a traveller becomes confirmed, VAT treatment, currency, refund rules, and how counts changing after activation are handled.]

We may change pricing prospectively. A price change will not retrospectively alter charges already accepted for an activated trip unless required by law or agreed with the Customer. Any bespoke or free-for-life arrangement, including an arrangement with Harrogate Rugby Club, should be recorded in a separate written order or account entitlement and does not create rights for other Customers.

Invoices are due within [14/30] days unless the invoice or purchase order states otherwise. Customers remain responsible for valid charges even where an internal purchase-order process is not completed, unless we expressly agreed that a purchase order was a condition of supply. Fees are [inclusive/exclusive] of VAT. Late-payment rights are subject to applicable law and the agreed order.

12. Trials, cancellation and refunds

A Customer may stop using a free plan at any time. Paid activation and per-trip charges are [NON-REFUNDABLE ONCE ACTIVATED / REFUNDABLE AS SPECIFIED], except where these Terms, an order or law provides otherwise. The Customer may close a trip or request account cancellation through [METHOD].

Consumer cancellation rights may apply if an individual buys the Service wholly or mainly outside their trade, business, craft or profession. The solicitor should confirm whether TripCaptain will sell to consumers and insert any required pre-contract information and 14-day cancellation wording. Most school and club purchases may be organisational, but this should not be assumed in every case.

13. Customer content and licence

The Customer and its users retain ownership of content they submit. They grant TripCaptain a limited, non-exclusive licence to host, copy, transmit, display, format and otherwise process that content only as necessary to provide, secure, support and improve the Service, comply with law and follow documented Customer instructions.

The Customer confirms that it has the rights and authority needed for its content and instructions. We may remove or restrict content where reasonably necessary to address illegality, security risk, rights infringement or serious breach, and will notify the Customer where lawful and practicable.

14. TripCaptain intellectual property

TripCaptain and its licensors own the Service, software, design, documentation, branding and related intellectual property. These Terms give users a limited, non-exclusive, non-transferable and revocable right to use the Service for authorised trip administration during the applicable plan or trip. No other rights are transferred.

Feedback may be used to improve the Service without payment or restriction, provided we do not publicly identify the contributor without permission.

15. Confidentiality

Each party must protect non-public information received from the other and use it only for the Service or agreed purpose. This does not apply to information already lawfully known, public without breach, independently developed or lawfully received from another source. Disclosure is permitted where required by law, where practicable after advance notice.

16. Service availability, support and beta features

We aim to provide a reliable Service but do not promise uninterrupted or error-free availability. Maintenance, third-party failures, security events or circumstances beyond reasonable control may affect access. Support is provided through [SUPPORT CHANNEL/HOURS].

Features marked beta, preview or experimental may change or be withdrawn and should not be used as the sole system for safety-critical or time-critical information. Customers should retain accessible emergency and travel information outside the Service where appropriate.

17. Suspension and termination

We may suspend access where reasonably necessary to protect security or people, investigate suspected unlawful use, comply with law, prevent material harm or address a material breach or overdue undisputed payment. Where practicable, we will give notice and an opportunity to remedy.

Either party may terminate as set out in an order, or if the other commits a material breach and does not remedy it within [30] days after written notice. On termination, access ends and Customer data will be handled under the data-processing agreement and retention policy. Clauses intended by their nature to survive will continue.

18. Warranties

We will provide the Service with reasonable care and skill. Except as expressly stated and to the fullest extent permitted by law, the Service is provided on an “as available” basis and implied warranties are excluded. Nothing excludes rights that cannot lawfully be excluded.

19. Liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence; fraud or fraudulent misrepresentation; breach of obligations that cannot lawfully be limited; or any other liability that law does not permit us to exclude.

Subject to the paragraph above, TripCaptain will not be liable for indirect or consequential loss, loss of profit, revenue, business, anticipated savings or goodwill, or loss arising from travel supplier performance, Customer-entered inaccuracies, unreviewed AI output, safeguarding decisions or payments made outside the Service.

Subject to the first paragraph of this clause, TripCaptain’s total aggregate liability arising out of or connected with the Service in any 12-month period will not exceed [THE GREATER OF £500 AND THE FEES PAID OR PAYABLE BY THE CUSTOMER IN THAT PERIOD / ALTERNATIVE CAP TO BE AGREED]. The solicitor should review this cap for reasonableness against pricing, insurance, customer type and UK unfair-contract rules.

20. Indemnity — business Customers only

[OPTIONAL — SOLICITOR REVIEW:] A business Customer will indemnify TripCaptain against third-party claims and reasonable losses arising from the Customer’s unlawful content, breach of data-protection obligations, lack of authority to provide passenger information, or operation of the trip, except to the extent caused by TripCaptain’s breach, negligence or unlawful act. This clause should not apply to consumers and must be reviewed for fairness and proportionality.

21. Changes to these Terms

We may update these Terms for legal, security, product or operational reasons. We will publish the revised version and date. For a material change affecting a paid current trip, we will provide reasonable advance notice where practicable. Continued use after the effective date constitutes acceptance, but this does not remove any statutory cancellation or other non-excludable right.

22. General

• Entire agreement. These Terms, the Privacy Policy, data-processing agreement, accepted order and any expressly incorporated documents form the agreement. An order takes priority for its commercial details; the DPA takes priority for processor obligations.
• Assignment. The Customer may not transfer the agreement without our written consent, not to be unreasonably withheld. We may transfer it as part of a genuine business reorganisation or sale, provided this does not reduce applicable rights.
• No partnership. The agreement does not create a partnership, agency, employment or fiduciary relationship.
• Third-party rights. A person who is not a party has no right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999, except where expressly stated.
• Severability and waiver. If a provision is unenforceable, the remainder continues. Delay in enforcing a right is not a waiver.
• Notices. Formal notices must be sent to the contact details in the order or to [LEGAL EMAIL/ADDRESS].

23. Governing law and courts

These Terms and any non-contractual obligations are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction for business Customers. A consumer retains any mandatory right to bring proceedings in the courts applicable to where they live.

24. Contact

TripCaptain operator: [FULL LEGAL NAME]

Address: [ADDRESS]

Company number: [NUMBER, IF APPLICABLE]

General/support email: [SUPPORT EMAIL]

Legal notices: [LEGAL EMAIL]