At Tripsdesk, we are dedicated to facilitating seamless travel experiences for our users. By utilizing our website for your travel needs, you agree to adhere to the terms and conditions outlined herein.
These terms have been crafted to align with legal standards and apply to all travel-related transactions conducted through our platform. Both Tripsdesk and users are bound by these stipulations. Access to and use of Tripsdesk, encompassing all the content, features, and services available, is contingent upon acceptance of these terms, whether you are a registered member or visiting as a guest.
We encourage you to thoroughly review our Terms of Service prior to engaging with the website. By accessing our site or clicking to accept the terms when prompted, you confirm your acceptance of our Terms of Service and our Privacy Policy, which can be found at www.tripsdesk.com and is integral to this agreement.
Section 1: RULES AND REGULATIONS
Your reservation is subject to additional terms and restrictions set forth by the travel operator ("Rules and Regulations") in along with these terms.
In order to begin the booking process, you must agree to the terms and conditions of the travel agency you have chosen, including those pertaining to cancellations, terms of making a payment, refunds, the use of tariffs or related services, etc.
Please be aware that the complete regulations listed below are given to you prior to making a reservation and are indicated and properly included into these conditions.
You may also be refused access to the pertinent travel services and have your confirmed reservations canceled if a rule is broken. When paying for such reservations, one might lose their money, depending on the policies and guidelines of the travel provider.
Section 2: WHEN ENGAGING WITH OUR SERVICES
We take care to assist you, give you accurate information on travel-related services, and assist you with reservations. You are given them for no other reason. You agree to:
- In order to legally enter into contracts, a person must be at least eighteen years old.
- Your information is complete, accurate, true, and up to date.
- You shall only utilize our services for non-commercial, personal use.
- You promise to abide by these terms and use our services legally.
When making a reservation on someone else's behalf:
- You will inform them of the conditions that apply to the reservation, such as the Rules and Restrictions, and make sure they accept and abide by them.
- Any unpaid amounts, requests for changes or cancellations, and other matters pertaining to the reservation will be your responsibility.
- Before operating on their behalf, you must obtain their consent.
You also consent to refrain from:
- Make a fake or fraudulent reservation.
- Do anything that could put an unjustified or undue strain on our infrastructure.
- Use a spider, robot, scraper, or other automated or manual technique to view, track, or duplicate any material on our site.
- Bypass or get around other security measures that are in place to restrict or prevent access to our service, or disobey the limits in any robot limitation headers on our service.
Deep links, "frames," and mirrors of our product or service on other sites are prohibited.
Section 3: TERMS SPECIFIC TO TRAVEL SERVICES
The terms pertaining to the particular travel services provided by the travel provider are explained in this section. The relevant Rules and Restrictions are sent to you before you make a reservation, and this information is neither all-inclusive nor does it substitute them.
Every travel service is subject to the prevailing Rules and Restrictions of the travel provider and can be offered separately or as part of a packages. The relevant Rules and Restrictions will take precedence over sections in the event of an overlap.
Flights
The policies and guidelines of the flight travel suppliers are provided before a reservation is made. When you make a single flight booking payment to our Group of Companies for the Travel Provider, we act as that Travel Provider's agent. You and the relevant Travel Operator have a contract for the flight.
Only after purchasing the Flight Travel Service and receiving your tickets can you be sure of the cost and availability of a particular flight.
Terms and conditions for flights
You acknowledge and accept that:
- Certain airlines charge extra for things like meals, checked baggage, and special seating. Any reference to these additional optional services and associated fees displayed through our service is merely for informational purposes and could be modified at any time by airlines unless we provide them for reserving through our service. When we give you the option to reserve these items through our website, the cost of those optional extras will be shown to you and added to your total cost once you make your pick.
- Airlines are ultimately in charge of their schedules, and they have the right to alter or cancel your flight for a number of reasons, such as unfavorable weather or technical issues. We will notify you and assist you in weighing your alternatives whenever the airline notifies us of a cancellation or change to your schedule. Before departing, you should always confirm the flight's scheduled departure time.
- You have to abide by the applicable laws and regulations regarding the transportation of minors. For both the departing and incoming flights, children older than two on the return trip date must have a return flight at the kid fare. If you don't comply, you won't be able to get a refund for any seat fees you paid while traveling. Unless kid's fare is reserved for them, children under the age of two will not be assigned their own seat. Children under the age of 14 who travel alone are only permitted to do so in accordance with the applicable rules and regulations.
- The flight schedule, type of aircraft, airline, the itinerary, and any potential stops are solely provided as indications for special or charter flights. Before making a reservation, please review the applicable Terms & Conditions as these details could change even after confirmation.
- Transporting hazardous materials in your luggage or on your person during air travel is typically prohibited.
- Airlines manage seating, and even when a seat is reserved in advance, we cannot ensure that it will be available.
- The airline could cancel your returning flight without providing a refund if you purchase a round-trip ticket and decide not to use the outbound journey.
Low-cost flights
The price shown for some flights might have been converted from a different currency. An estimate of the price in your native currency is provided for your ease. Due to different conversion rates used by banks and card issuers, the actual price levied by the airline may differ; nevertheless, you will be given the amount the airline proposes to charge before finishing the booking. Please refer to Section 5 (Payment) for details on fees that card issuers and banks may impose.
Certain low-cost airline flights can only be canceled or modified by getting in touch with the carrier directly. If your airline announces any modifications to your flight schedule or if you reschedule or cancel a flight with them directly, we might not be updated. Additionally, the itinerary we give you via our service might not reflect such modifications. Any further emails you get from the airline regarding itinerary changes should be printed up, per our recommendation.
Operating airlines
Sometimes, flights that are scheduled by a particular airline are run by another. Our service displays the operating airline's details when they differ. You will be charged for your flight by the airline that issued your ticket, and this amount will show up on the method of payment on your account.
Combined one-way tickets
We could provide you the option to purchase two one-way flight tickets rather than a round-trip ticket. There may be a wider selection of flights available with combined one-way flight tickets. They can be coupled on the very same airline or on separate airlines and are frequently less expensive.
Each one-way ticket has its own set of limitations and rules compared to round-trip flight tickets. You might need to make adjustments to the other flight if an airline update, like a rescheduling or cancellation, affects one of these flights. In these situations, you will be liable for any costs or fees associated with changing the flight that isn't affected. If you are purchasing one-way tickets rather than round-trip tickets, we will let you know so you may decide whether to purchase these kinds of tickets.
Ratings
The ratings displayed by our service, including where relevant those from regional or national star rating agencies, give you an idea of what to expect from properties that reflect that rating level. These might not match the norms in your own nation. Ratings on the site do not guarantee or represent any specific feature or amenity. The correctness of any particular rating that is occasionally shown through our service cannot be guaranteed by our group of companies.
Meals
The quantity of meals included in your stay, if any, is determined by how many nights you are staying. Morning meal, lunch, and supper are typically included with full board. Breakfast and lunch or dinner are typically included with half board. If any of the meals are not eaten, there won't be any reimbursements.
Cancellation or No-Show
You might be eligible for a reimbursement of the fees and airport taxes that were part of the cost of the flight you bought in the event of a cancellation or no-show. You can ask us for a refund in this case, and we'll make the request to the airline on behalf of you.
Section 4: INTERNATIONAL TRAVEL
Traveling Internationally
Traveling to some places may be riskier than others, even though most trips are pleasant. Before making any overseas trip reservations, you should study any travel notifications, recommendations, etc. provided by the appropriate governments. To help prevent and minimize any possible inconveniences, you should also keep an eye on such travel alerts and advise both before and throughout your return trip.
Passport and visa
For information on passports and visas, you must contact the appropriate Embassy or Consulate. Before making a reservation and leaving, make sure you have the most recent data because requirements can change. You should also give yourself enough time to complete all necessary forms.
Our Group of Companies accepts no responsibility if you are refused entry to a flight or a country because of your conduct, including failing to have the necessary travel documents as stipulated by any Travel Provider, authority, or country (even those you are passing through). This policy applies to all stops made by an aircraft, regardless of whether you leave the aircraft or the airport.
Certain nations mandate that airlines provide the personal data of every passenger on their planes. If relevant, the information will be gathered either when you check in at the airport or, in certain cases, when you make your reservation. If you have concerns regarding this, please get in touch with the appropriate airline you are flying with.
Our group of organizations does not guarantee or indicate that traveling to foreign countries is risk-free or advised, and it is not responsible for any losses or damages that may arise from doing so.
Section 5: PAYMENT DETAILS
Price
Unless there is a clear error, the cost of the travel service or services will be as shown on our website.
Travel service costs are subject to change at any time. Bookings that have already been accepted will not be impacted by price adjustments, unless there is a clear error. We make every effort to guarantee that the prices shown are correct, and we display a wide range of travel services. We have the right to fix any mistakes in our service's pricing.
Taxes
Taxes and tax recovery fees may be included in the costs shown by our service. Amounts related to sales tax, occupancy tax, value-added tax, goods and services tax, and other comparable taxes may be included in these taxes or tax recovery expenses.
Unless those discounts, coupons, and loyalty rewards are regarded as a price reduction for the purposes of calculating or estimating taxes in the relevant jurisdiction for the booking, taxes or tax recovery charges are usually determined or calculated on the prices presented through our service before any discounts (including those funded by us), coupons, and loyalty rewards that may be applicable to your ticket.
You could have to pay local taxes levied by local tax authorities in some jurisdictions like city taxes or tourism taxes, etc. You can be charged these local taxes by the travel provider or our group of companies. If the travel provider has informed our group of companies of any local taxes that you will be responsible for paying, we will let you know about these before you finalize your reservation.
The local tax amount may vary from the date of booking to the day of stay. By the time of your stay, taxes may have changed, and you might have to pay the higher rate.
Payment Handling
As shown on the method of payment statement, payment for some travel services, like packages, may be charged by several parties; nevertheless, the total price charged will not be greater than the sum of the prices of all the services provided.
In the event that payment is collected at the time of booking and made in the local currency of our service (if applicable), the business that collects the payment (through third-party payment systems) and charges your payment method will be the business located next to the appropriate service location listed below.
- Austria, Bahrain, Belgium, Bulgaria, China, Denmark, Egypt, Finland, France, Germany, Greece, Hungary, Iceland, Indonesia, Ireland, Italy, Jordan, Kuwait, Lebanon, Malaysia, Morocco, Netherlands, Norway, Oman, Qatar, Philippines, Portugal, Romania, Saudi Arabia, South Africa, Spain, Sweden, Taiwan, Thailand, Turkey, United Arab Emirates, Vietnam
- Hong Kong, Canada, Japan, Brazil, India, Mexico, Switzerland, United Kingdom, Singapore, United States.
Payment Verification
You provide permission to the Travel Provider or the appropriate business (as listed above) to:
- Get a pre-authorization, charge a small fee, or use another verification mechanism to confirm your payment method, and then charge your payment method after verification
Charges Imposed by Financial Institutions
For cross-border or international transactions, certain banks and card issuers charge fees. For instance, your card issuer may impose a foreign or cross-border transaction cost if you book a reservation using a card issued in a nation other than the one where the travel provider is located or if you decide to transact in a currency other than the one used by our service.
Additionally, some card issuers and banks charge fees for converting currencies. For instance, your card issuer might charge you a conversion fee if you make a reservation in a currency other than the one on your credit card in order to convert the amount you booked to the credit card's currency.
Please get in touch with the issuer of your card or bank if there are any issues concerning these costs or the currency rate that was used for your reservation. Any fees linked with fluctuating currency rates and card issuer fees are not related to or the responsibility of our group of companies.
Currency Conversion
Any exchange rates that are shown on our site are based on publicly available data and current exchange rates, which can change between when a reservation is made and when the trip takes place. These conversion rates are given purely for informational purposes, and although we make every effort to present accurate information, our Group of Companies cannot guarantee that they are accurate because we have no control over them.
Alternative Payment Methods
In order to give our travelers other payment options, we might collaborate with companies that offer them (for instance, consumer finance firms). No other payment providers or their goods or services are recommended or endorsed by our group of companies. Any alternative payment provider's actions or inactions are not our Group of Companies' responsibility. Any payment method you choose to use from such a source is at your discretion; you will be held responsible for any consequences and are subject to the terms and policies of that provider.
Fraud
We may ask for additional details from you if a reservation or account exhibits, in our reasonable opinion, indications of fraud, abuse, affiliation with a government-sanctioned individual or organization, or other questionable activity.
If we have a good reason to believe that a reservation or account is connected to fraud, misuse, a government-sanctioned individual or organization, or questionable behavior, we might:
- Cancel any reservations linked to your email address, account, or name.
- Any legal action, including attempting to make you accountable for any damages, and
- Close any related accounts.
Section 6: BOOKING CONFIRMATION
The key components of your reservation, including the cost and the details of the travel service or services you have reserved, are included in your booking confirmation. Your reservation confirmation and other pertinent travel papers will be sent to the email that you provided at the time of booking. Please get in touch with us if, within 24 hours of completing your reservation, you have not received your booking confirmation.
Section 7: CHANGING A BOOKING OR CANCELLATION
Change or Cancellation by You
You can contact us to cancel or modify a reservation, including the travel date, destination, starting location, property, or mode of transportation.
Unless permitted by the applicable travel provider in their Terms and Conditions, which are given to you prior to your booking, you do not automatically have the right to make changes or cancel a reservation.
When you change or cancel a reservation, travel companies may charge you costs. The Policies and Regulations will specify these fees. You consent to paying any fees you may incur. Please be advised that if you request a change, the cost of your new reservations will be determined by the current rate. This cost can differ from what you paid for the travel services when you first made the reservation. The closer a change is made to the departure date, the higher the price.
To find out which conditions apply to your reservation, please read the applicable Rules and Regulations. For instance:
- If you fail to show up or do not use some or all of the booked Travel Services, any refunds you may receive will be in accordance with the applicable Rules and Restrictions.
- Any applicable cancellation fee will be levied to each individual on the cancelled reservation if the cancellation impacts multiple people on the reservation (for instance, two airline tickets purchased on the same itinerary, etc.).
We could assess an administration fee in addition to any fees levied by the pertinent travel provider if you wish to cancel or modify any portion of your reservation, and the cancellation or modification is permitted by the travel provider. You will be informed of any applicable administration fees before you consent to the change or cancellation.
Other Change or Cancellation
If full payment for the reservation is not received on time, or if any applicable cancellation/change fee is not paid, we and the appropriate travel provider may cancel your reservation.
A reservation may be canceled or modified by the travel operator or by us for a number of reasons, like a property being overbooked because of connectivity problems or a property being closed because of a hurricane, etc. If this occurs, we will try our best to let you know as quickly as we can and, if practical, provide a refund or other options or support.
Refund
Refunds will be credited to the original method of payment you used for making the reservation. These reimbursements will be issued by the company that received your initial payment. The refund procedure used by a travel provider is not visible to us. Unless otherwise specified during the booking process, our payments are non-refundable.
Section 8: CONTENT
When you submit (or authorize the submission of) content to our service, you give our group of companies the worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, adapt, reproduce, modify, distribute, publish, translate, create derivative works from, and publicly display and perform any of the content in any media, now known or later developed, for any purpose.
You acknowledge and accept
- For any content you upload to our service or give permission to others to upload, that you are legally permitted to do so, and
- If trademarks or other protected names or marks are present in the Content you submit or give permission to submit to our service, you are legally permitted to use them.
- Additionally, you give our Group of Companies the authority to take legal action against anyone or anything that infringes upon any intellectual property rights in or related to your content.
You also acknowledge and accept that:
- At its reasonable judgment, our Group of Companies may, in a non-identifiable style, use the name you give with any information to attribute your content (for instance, by including your first name and hometown on an assessment you submit). The Travel Providers may also receive access to such content.
- Any content you upload to our service, or give permission to upload, is not proprietary or confidential.
- No content that you post to our service, or give permission to submit, is false, misleading, or likely to mislead anyone.
- Other than in accordance with these Terms, no secret, fiduciary, contractually implied, or other relationship is formed between you and us by sending us communications or content.
- You are solely in charge of your content, and anything you submit must adhere to our content standards.
Section 9: Liability
Our liability
The travel providers give you the travel services, while we own and run our service.
Our Group of Companies disclaims all liability to the greatest degree allowed by law for:
- Any Travel Services offered to you by the Travel Providers
- The actions, mistakes, omissions, warranties, representations, or negligence of any Travel Providers, or
- Any death, personal injuries, property damage, or other damages or expenses resulting from the above.
We receive information about the Travel Services from the Travel Providers. Travel service facts, images, prices, and pertinent rules and restrictions are all included in this material. We use our service to display this data. It is the duty of the travel providers to make sure that this information is correct, comprehensive, and current. Except in cases where our Group of Companies directly caused the inaccuracy, our Group of Companies will not be held accountable for any errors in such material (including property ratings, which are merely meant to be a guide and may not be an official rating). Regarding the availability of particular travel services, our group of companies makes no promises.
The pictures and illustrations on our service are merely meant to serve as a guide to help you understand the type and level of accommodations
All of the information, content, services, and features that are made available on or accessible through our service are offered "as is."
All information, software, content, services, functions, travel services displayed or made available through our service, any products or services or hypertext links to third parties, or the transmission of sensitive information through our service or any linked site, are provided without any express warranty or condition of any kind, to the extent allowed by law and unless otherwise specified in these Terms.
Our Group of Companies makes no endorsements or recommendations regarding the travel services that are displayed through our service.
To the greatest extent allowed by law, our group of companies disclaims all warranties and conditions that:
- There are no viruses or other dangerous elements included in our service, its servers, or any emails sent by our group of companies.
- Any content or materials on our service, its servers, or emails sent by our group of companies will be error-free, uninterrupted, or have any flaws fixed.
Our Group of Companies shall not be responsible for any direct, indirect, punitive, special, incidental, or consequential losses or damages resulting from the following, to the greatest extent allowed by law and subject to the limits in these Terms:
- Any delay or inability to use our Service
- The use of our Service,
- Your use of links from our Service
- The Travel Services
Whether founded on strict liability, carelessness, contracts, torts, consumer protection laws, or other grounds, and even if our Group of Companies has been informed that such damages may occur.
If our Group of Companies is held accountable for any loss or damage resulting from these Terms, they will only be responsible for direct damages that were:
- As both you and our Group of Companies may have fairly predicted,
- genuinely experienced or suffered by you, and
- directly related to what our Group of Companies did,
Furthermore, if our Group of Companies is held liable, the total amount of that responsibility will never be larger than (a) the price you paid for the relevant travel services or (b) $100 (US$100.00) or the equivalent in local currency.
The division of risk between you and us is reflected in this liability restriction. Even if a limited remedy outlined in these Terms is determined to have failed its primary purpose, the limits stated in these Terms will remain in effect and remain in effect. Our Group of Companies benefits from the liability limitations outlined in these terms.
The duties in these Terms that are impacted by the force majeure event will be suspended in the case of any force majeure event, including a strike (by airlines, properties, or air traffic controllers, as applicable) or a disruption of communication. The party impacted by the force majeure occurrence will not be held accountable in this situation since they were unable to fulfill their responsibilities.
Section 10: INTELLECTUAL PROPERTY POLICY AND NOTICES
1. Using the Official Website and Safeguarding Your Account
At any time, without prior notice, and at our sole discretion, we retain the right to alter or remove this website and any services or content we provide on or through it. If the entire website or just a section of it is inaccessible for any reason at any time or for any period of time, we will not be held liable. Access to some or all of the websites may be blocked at any time, even for registered users.
You are accountable for:
- To gain access to the website, do the required preparations.
- Assuring that everyone who uses your internet connection to visit the Website understands and agrees to these Terms of Service.
To access the website or part of its content, you might be asked for registration information or other details. The veracity, timeliness, and accuracy of any information you provide will determine how you use the website. In accordance with our Privacy Policy, which applies to all information you give us, whether in conjunction with registering on this website or in any other way, including but not limited to using any additional content on the website, you understand and agree to the use of your information.
If you choose or are given a login, password, or other piece of information, you must keep it confidential and keep it to yourself as part of our security protocols. Additionally, you acknowledge that your account is private and that you will not allow anyone else to access all or a portion of this website using your username, password, or other security credentials.
If your login or password is accessed, used, or compromised for any other reason without your permission, you commit to notify us immediately. Additionally, you are aware that you will log out of your account at the end of each session. To keep others from seeing or recording your password or other personal information, exercise extreme caution while entering into your account from a shared or public computer.
We reserve the right, at any time and for any reason, including if we think you have violated one of these Terms of Use, to disable any username, password, or other form of identification, whether you chose it or we provided it
2. Intellectual Property Rights
The Company, its licensors, or other information providers manage the Website and all of its features, functionality, and contents. These are protected by copyrights, patents, trade secrets, trademarks, and other intellectual rights laws both domestically and internationally.
Only personal, non-commercial use of the Website is permitted under these Terms of Use. No part of our website may be reproduced, distributed, altered, translated, published, performed in public, stored digitally, downloaded, saved, or transmitted, unless otherwise specified below.
- The search and browsing of resources may cause your system to store copies of them in RAM.
- For improved appearance, you can have your web browser automatically save cached files.
- Only a limited number of the website's pages may be printed for private, non-commercial use; any other kind of copying, publishing, or distribution is strictly prohibited.
- For your own personal, non-commercial use, you may download one copy of any of our desktop, mobile, or other programs to your computer or mobile device, provided that you agree to follow the conditions of our end-user licensing agreement for that specific product.
- You are free to use any social networking tools that may be included in our content as intended.
You must avoid:
- Make changes to any copies of this website's material that you may have.
- Use any photographs, pictures, videos, or other visuals that aren't related to the content.
- You may only print a limited number of pages from the website for personal, non-commercial use; you are not allowed to distribute, publish, or replicate it in any form.
- Notices of copyright, trademark, and other proprietary rights must be removed or changed when the content on this website is reproduced. You are not allowed to access or utilize any part of the website, any services, or any materials made available there for commercial purposes.
Your permission to use the website will be immediately terminated if you copy, print, edit, download, or otherwise use or grant access to any part of the website in violation of the Terms of Use. Additionally, any copies of the contents you have created must be returned or deleted at our discretion. No right, title, or interest is granted to you in or to the Website or any information contained there or derived from it; all rights not specifically granted are retained by the Company. These Terms of Use are violated by any use of the Website that contravenes these Terms of Use or any copyright, trademark, or other law.
Trademarks
The company's name and logo, along with certain concepts, are trademarks of the corporation, its affiliates, licensors, or other third parties. Designs, slogans, logos, associated names, products, and service names are all protected by trademark law. Using such logos without the prior written consent of the company is prohibited. This website's tagline, image, and any product and service names are all property of their respective owners and cannot be used without permission.
Section 11: DISPUTES AND ARBITRATIONS
Please read this section carefully. It mandates that all disputes be addressed through binding arbitration or small claims court, and it prohibits you from bringing a class action or similar process in any forum. Arbitration is required if your nation of residency, including but not limited to the United States, enforces arbitration agreements. If you are located outside of the United States and attempt to file a claim in the United States, arbitration is required to determine the threshold issue of whether this dispute resolution section applies to you, as well as all other threshold determinations, such as residency, arbitrability, venue, and applicable law.
To the extent permitted by law, the necessary pre-arbitration dispute settlement and notice requirements as well as the ban on class actions or representative procedures listed below still apply even if your home country does not enforce arbitration agreements.
We are dedicated to making sure travelers are happy and promptly and effectively resolving customer complaints. There are two steps in our dispute resolution process, which are as follows:
- Engaging with our Traveler Support staff to investigate and negotiate your claim, if needed.
- Binding arbitration conducted by an arbitral tribunal that has been agreed upon or by the American Arbitration Association ("AAA") for arbitrations conducted outside of the United States. Instead of using arbitration, you and I both have the option to seek a remedy in small claims court.
Agreement to arbitrate ("Arbitration Agreement")
This covers any claims you make against us, our affiliates, travel agencies, or other businesses that sell goods or services to us (all of which are members to this arbitration agreement).
We both agree that any disagreements that arise between us regarding our services, these terms, our privacy statements, any goods or services that we provide directly or through third parties, such as travel providers, or organizations that sell goods or services through us, as well as any interactions with our traveler support agents or claims representations, will be settled through binding arbitrations rather than in court, with the exception of cases that can be settled in small claim courts.
Be aware that this arbitration agreement will be one step closer to being legally binding and will cover any claims made by or against third parties, including but not limited to your spouses, heirs, third-party beneficiaries, and others whose claims are related to the use of the travel services.
Any claims made by any third-party beneficiary of these terms against the organizations covered by them shall likewise be governed by this arbitration agreement. It is also the arbitrator's responsibility to decide all threshold arbitrability issues, including whether the arbitration agreement is valid, enforceable, or unconscionable, as well as any arbitration defenses, including jurisdiction, waiver, delay, laches, or estoppel.
Small claims court matters
In spite of the aforementioned arbitration clauses, you or we may file a claim in small claims court if it falls within the court's jurisdictional boundaries. However, the court lacks the power to consider claims on a class or a representation basis or to combine or join the claims of other parties or individuals who might be in a similar situation in the proceeding. Additionally, either you or we may choose to have the claims observed in small claims court instead of arbitration at any point prior to the arbitrator's appointment, or in compliance with the AAA rules, by providing written notice to the other party if the claims made in any demand for arbitration fall within the small claims court's jurisdictional boundaries.
No class actions or representative proceedings
We and you both agree that any and all claims resolution procedures will be handled individually, without the use of a class, consolidated, or representative action, including but not limited to a private attorney general. The arbitrator is not permitted to preside over any kind of class or representative procedure or to combine the claims of more than one party. We also agree that each of you is giving up the right to a jury trial.
Arbitration rules and governing law
This "written agreement to arbitrate" serves as proof of an interstate commerce transaction. All substantive and procedural interpretation and execution of this clause are governed by the Federal Arbitration Act ("FAA"). Unless otherwise noted, AAA shall operate the arbitration in line with its Consumer Arbitration Rules or any other AAA arbitration rules that it deems applicable at the time (collectively, the "AAA Rules"). You can access the AAA Rules at www.adr.org. Notwithstanding conflict of laws rules, the arbitrator will apply Washington law, with the exception that any arbitration-related provisions are governed by the FAA. Foreign laws are not relevant. Only a written agreement between the parties may change this arbitration agreement.
If we are not able to resolve your complaint within 60 days of you providing Notice, you may commence an arbitration proceeding. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. AAA does not have authority to administer or adjudicate the Claim unless and until all Pre-Arbitration Dispute Resolution and Notification requirements have been met. The statute of limitations shall be tolled while the parties engage in the dispute resolution process required by this Section.
Commencing arbitration
According to the AAA Rules, you must submit the Demand to the AAA in order for arbitration to start. The AAA provides a type of Demand for Arbitration.
A single arbitrator chosen in line with the AAA Rules or by mutual consent between you and us will preside over the arbitration. The arbitration will either take place at a site chosen by AAA in accordance with the AAA Rules (as long as it is fairly convenient for you and doesn't require you to travel more than 100 miles from your home or place of work) or at any other location that you and we agree upon (iii) through a videoconference or (iv) at your discretion, if you assert the arbitration's only claims and they total less than $40,000 in total, by phone or written submission.
Attorneys' fees and costs
The AAA Rules, including, where applicable, the AAA Consumer Rules, will regulate your arbitration fees and your portion of arbitrator salary. The filing fees required by the AAA, which are roughly equal to the filing fees now charged by courts, must be paid by each party in order to start arbitration. We will pay as much of your filing and hearing fees related to the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the arbitration's outcome, unless the arbitrator finds that your claim(s) were frivolous or asserted in bad faith. This is especially true if you can show that the costs of arbitration will be prohibitive in comparison to the costs of litigation, or if you would otherwise be eligible for a fee waiver in court. After demonstrating that the other party has made a claim, cross-claim, or defense that is unfounded in law or fact, brought in bad faith or with the intent to harass, or that is otherwise frivolous as permitted by applicable law and the AAA Rules, either party may ask the arbitrator to award attorneys' fees and costs.
Arbitrator's decision
The FAA limits the amount of time that a court can review an arbitration decision, and arbitration is done without a judge or jury. The arbitrator's decision will include key judgments and findings that serve as the foundation for the award. Any court may make an arbitral decision with the appropriate authority. Declaratory or injunctive relief may only be issued on an individual basis and to the extent necessary to provide relief deserved by the claimant's specific claim, but the arbitrator may award any relief allowed by law or the AAA Rules.
Severability and survival
In the event that any part of this Disputes and Arbitration Provision is determined to be unenforceable or unlawful for any reason, (1) that portion will be removed, and the remaining portion of the Provision will be fully enforceable; and (2) if any claims must proceed on a class, collective, consolidated, or representative basis, they must be litigated in a civil court of competent jurisdiction rather than in arbitration, and the parties agree that the litigation of those claims will be halted until the arbitration of any individual claims
Support for travelers and complaint resolution
If you have any questions or concerns about your reservation, we are available to assist you.
For answers to commonly asked questions, or to get in touch, visit our Contact Us page here.
Section 12: GENERAL
Laws and jurisdiction that apply: The Federal Arbitration Act, federal arbitration law, and the laws of the State of Washington apply to these Terms, even if those laws disagree with each other.
Insurance
Travel insurance is not included in the rates listed unless otherwise noted. Insurance that covers the consequences of specific cancellations and risks (such as the cost of repatriation in the event of an accident or illness) is something you should have. It is your responsibility to make sure that any insurance coverage you buy adequately suits your needs. You can be presented with a variety of travel insurance options. If this is the case, our service will show the insurance provider's details along with the terms and conditions and other important information.
Failure to Invoke
We retain the right to enforce this or any other provision of these Terms at any time, even if we fail to do so or delay doing so.
Unenforceable provisions
Any provision (or portion of a provision) of these Terms that is determined to be unlawful, unenforceable, or invalid by a court or other competent authority will, if necessary, be deemed not to be a part of these Terms with you. The remaining provisions' enforceability and validity will be unaffected in such a situation.
Complete contract
The whole agreement between you and us regarding our service is included in these terms. They take precedence over any previous or current correspondence between you and us regarding our Service, whether it be written, spoken, or electronic.
Assignment
Under these terms, we may assign, subcontract, or delegate rights, duties, or liabilities, but you may not. We shall not, however, do so in a way that diminishes your rights or promises under these terms
Rights of third parties
We do not intend for any element of these terms to be enforced by anybody who is not a party to them, unless specifically specified in these terms. Any element of these Terms may be waived, varied, or terminated without the approval of a third party. Regarding third parties' rights to enforce any portion of these Terms, these Terms do not confer any rights under any applicable laws or regulations.
Survival of obligations
Any clause in these terms that specifically or inherently imposes duties after they expire or terminate will remain in effect after that date.