Terms & Conditions
Welcome to Yūgen Earthside!
Yūgen Earthside is a Social Purpose Corporation (SPC) based in Washington State, USA. We are a travel booking platform specializing in sustainable self-guided, private, and small-group tours. Our partner companies are responsible tour operators (TOs) and destination management companies (DMCs) that we have carefully evaluated prior to listing their trips on our platform (Travel Suppliers).
DEFINITIONS. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You”, “Your”, and “Traveler” refers to you, the person using this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing law of the United States of America. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore are referring to the same.
CHANGES TO THESE TERMS. You acknowledge and agree that we may change these Terms from time to time and that those changes become effective immediately. If we make material changes, we will provide you notice. The newest version of our Terms and Conditions will always be posted on the Site. Your continued use of our services following the notice of any changes constitutes your acceptance and agreement to be bound by such changes. If you object to any changes you must immediately discontinue using the Site.
USING THE WEBSITE. The Site is currently made available to you for your personal, non-commercial use. When you access our Site in any way, you warrant that you are at least 18 years of age and possess the legal authority to enter into a binding agreement and that you will only use the Site in accordance with all the terms and conditions herein. You agree to be financially responsible for all your use of the Site (as well as for use of your account by others). You agree that you are responsible for any bookings made by persons under your direction or control. You also warrant that all information supplied by you or on your behalf, or by members of your household in using the Site is true and accurate. Further, you also confirm that the traveler is not an unaccompanied minor. You agree to only make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. We always have the right to deny you use or access to the Site for any reason.
If you use this Site to make bookings for any third person, you are responsible for sharing these Terms and Conditions with them, and you are financially responsible for the booking. We will not be liable for, and you agree to indemnify us for, your failure to share these Terms and Conditions with the third party, or for any losses we suffer due to the third party’s failure to fulfill all obligations under these Terms and Conditions.
Under no circumstances, including, but not limited to negligence, shall we, our providers or distributors, be liable for any damages to, or viruses that may infect your computer equipment or other property, or any loss of data, on account of your access to, use of, or browsing on the site, or your downloading of any materials, data, text, images, video, audio, or other information from the site or associated with any email or links sent to you by Company. In no event shall we, our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, exemplary, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits, lost business, or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the site or the services or materials on the site or the travel reservations booked through Company (whether through this site or call center), even if advised of the possibility of such damages. In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges set forth in the itinerary giving rise to any such liability. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the site must be brought within one year from the date on which such claim or action arose or accrued or purchase was completed.
Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Your use of the site shall be at your own risk.
While our Site displays information regarding many travel services, this is in no way meant to suggest or imply or in any way communicate our recommendation, approval, affiliation, partnership, or sponsorship of the travel service or the Travel Supplier. Your interaction with any Travel Supplier accessed through the Site is at your own risk.
INDEMNIFICATION. You agree to defend and indemnify Company and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms or the documents referenced herein;
- any damage caused by you to any Travel Supplier;
- your violation of any law or the rights of a third party; or
- your use of our Website.
COVID 19 RELEASE OF LIABILITY. By booking a tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by Company.
You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or canceled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations may require you to have a vaccination or proof of negative test. On your return home, there may be additional requirements. You are responsible for understanding these requirements and must not rely on Company to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, Company has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Company shall not be liable to any losses howsoever arising.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Company, its members, officers, agents, and/or employees, suppliers, and other tour members (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
TRAVEL SUPPLIER DESCRIPTIONS/AMENITIES/IMAGE. While we exercise due diligence in the selection of our partners, travel service profiles are based on information provided to us by the Travel Supplier. For instance, in the case of hotel accommodations, this includes images and descriptions of the properties and rooms. Additionally, you should be aware that star ratings or similar systems are based on country classifications and therefore can differ. While Company does its best to maintain current and accurate information regarding these Travel Suppliers, we cannot be held responsible for any inaccuracies in supplier descriptions, amenities, or images.
MEMBERSHIP ACCOUNTS. As part of our Service, we may offer membership accounts and may change the features from time to time. If you sign up for a membership plan, you agree to the terms, conditions and limitations associated with them that are posted on our websites or applications.
You may only use and register to become a member of Our Website if you are over the age of eighteen (18) and can enter into binding contracts. If you become a member, you are responsible for maintaining the confidentiality of your passwords, login, and account information. You will be responsible for all use of Our Website by you, anyone using your password and login information (with or without your permission) and anyone who you allow to access your purchased content. If at any time you have reason to believe that your account is no longer secure (through for example: loss, theft, identity theft, hacking, or unauthorized disclosure or use of your information or computer or mobile device used to access Our Website), you are solely responsible to promptly change any and all of your Personal information that is affected.
We reserve the right to accept or refuse membership or to restrict use of the Site in our discretion. You may not transfer or assign your membership or any Site benefits. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on the amount of content or other services that can be accessed from the Service at any one time.
MEMBERSHIP CANCELLATION. You may cancel your membership plan by visiting your account details page and adjusting your membership settings, or by contacting our Customer Service team. If you cancel your membership or subscription, you will not receive a refund of any bookings currently made with one of the Suppliers.
BOOKING/PAYMENT. The respective Travel Supplier only, and not Company, is solely responsible to the respective Traveler for honoring any confirmed bookings and making available any Travel Services reserved through the Site. The Travel Supplier is also responsible to provide all information legally required to the Traveler. If you, as a Traveler, choose to enter into a transaction with Travel Supplier for the booking of a Travel Service, you agree and understand that you will be required to enter into an agreement (including releases) with the Travel Supplier only and you agree to accept any terms, conditions, rules and restrictions associated with such Travel Services imposed by the Travel Supplier and will receive necessary information from the Travel Supplier only. You acknowledge and agree that Company is not a party to the agreement but only acts as the commercial agent to the Travel Supplier and Company accepts no liability arising from or related to any of your agreements with the Travel Supplier unless Company is legally obliged to do so or to fulfill certain information and security obligations towards the traveler.
The Travel Suppliers are requested to either confirm or reject a booking within the specified timeframe (which is generally within 24 to 48 hours of when the booking is requested, as determined by Company in its sole discretion) or the requested booking will be automatically canceled.
Once your confirmed booking transaction is complete (including payment) you will receive a confirmation e-mail summarizing your confirmed booking.
ERRORS. We endeavor to ensure that all pricing and other information on the Website is accurate. However, it is always possible that despite our efforts there may be times when obvious errors occur such as the price or some other detail displayed being incorrect. Where the booking’s correct price at your booking date is less than our stated price at your booking date, we will charge the lower amount. If the booking’s correct price at your booking date is higher than the price stated to you, we will contact you by telephone or e-mail for your instructions before we confirm your booking.
PAYMENT. You agree to pay for the “Total Cost” (including the price of the Travel Services and, where applicable, taxes, levies and duties) for any booking requested, in accordance with the pricing terms set forth in the applicable booking page, if such requested bookings are confirmed by the applicable Travel Supplier. The availability and price of a Travel Service can change any time until you have received a booking confirmation.
In case only the deposit is payable at the time of booking or booking confirmation, the balance of payment (i.e., the Total Cost minus the deposit) is due and will be payable as stated in the Travel Supplier’s terms according to the booking page.
Company, in its own discretion, collects (through third-party payment processors) the Total Cost (as one payment or deposit plus balance payments) for and on behalf of the Travel Supplier as its commercial agent. You hereby authorize the collection of such amounts by charging the credit/debit card provided as part of requesting the booking, or by one of the other payment methods as described on the Site.
BANK AND CREDIT CARD FEES. Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Company may pass on your payment to an international Travel Supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
CREDIT CARD CHARGEBACKS. In certain cases, you can dispute charges with credit card companies (“chargebacks”). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a booking with a Travel Supplier, you accept and agree to the relevant cancellation policy of that Travel Supplier. Please note that certain rates or special offers are not eligible for cancellation or change.
Company retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any booking in the event of a chargeback related to that booking. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
- Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
- Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
- Chargebacks arising from inconsistency or inaccuracy regarding the Travel Supplier’s product description.
- Chargebacks resulting from Force Majeure or other circumstances that are beyond the control of Company or the Travel Supplier.
- Chargebacks resulting because you do not agree with the cancellation policy of the Travel Supplier.
CANCELLATION. Once your booking is confirmed by the applicable Travel Supplier, the Total Cost of your Travel Services are subject to the cancellation and payment terms of the Travel Supplier. Please carefully read the terms of cancellation and important information on the booking page and your reservation confirmation for policies as applied by the Travel Supplier. A cancellation must be done via the Site and not directly with the Travel Supplier. Some Travel Suppliers may offer a travel credit in lieu of a refund. We are not responsible for a Travel Supplier’s failure to make a refund or for a Travel Supplier’s bankruptcy or insolvency.
In the event of a hotel reservation for which you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.
OPERATOR CANCELLATIONS AND REFUNDS. If a Travel Supplier cancels a confirmed booking made via the Site, a refund of the paid amount for such booking will be made to the applicable to Traveler within a commercially reasonable time of the cancellation by the Travel Supplier and the Traveler may receive an email or other communication from Company containing non-binding suggestions for alternative Listings and other related information.
FORCE MAJEURE. Company assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind or nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the Travel Supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Company that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to Force Majeure, we will not be required to refund any money to you, although if we can recover any monies from our Travel Suppliers, we will refund these to you without any charge by Company.
TRAVEL PROTECTION COVERAGE. Company strongly encourages you to purchase a Travel Protection Plan including additional Cancel for Any Reason coverage. Such plan at a minimum should cover Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including costly medical evacuations), missed connections and baggage loss. Purchasing coverage may be limited by time constraints so it is imperative that you purchase protection as soon as possible after booking. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which travel protection plan coverage would otherwise have been available.
Company is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. Company cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
DESTINATION AND TRAVEL REQUIREMENTS. Travel to many parts of the world may involve the risk of a variety of hazards to health and/or safety, including but not limited to disease, crime, terrorism, and warfare. Company is not in a position to advise or recommend whether travel to any particular place at any particular time should take place and the display or availability to book accommodations in a destination is not a representation or warranty by Company that travel to the destination is without risk. It is recommended that you refer to objective third-party sources of travel information, such as that maintained by the U.S. Department of State, www.travel.state.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests and tracking. It is your responsibility to be aware of all requirements for admittance to a country or state, including Covid-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, Company will not be liable for damages or losses that result from travel to such destinations.
It is your sole responsibility to secure and/or pay for all visas, reciprocity fees, affidavits, immunizations, testing, etc. that are required to be permitted entry into each destination and for return home. Please note that entry to any country may be refused even if the required information and travel documents are complete. Obtaining and carrying these documents is your sole responsibility. Company bears no responsibility for such information or for any delays, damages, and/or losses including missed portions of your travel related to improper documentation or government decisions about entry.
INSECTICIDE NOTICE. Travelers are encouraged to check the list of countries that require airlines to treat the passenger cabin with insecticides prior to the flight or while on the aircraft on the U.S. Department of Transportation’s Web site, as this list is updated from time to time: http://www.dot.gov/office-policy/aviation-policy/aircraft-disinsection-requirements.
LINKS TO THIRD PARTY SITES. Our website contains links to websites owned and operated by third parties. If you use these links, you leave our website. These links are provided for your information and convenience only and are not an endorsement by Company of the content of such linked websites or third-party services. Company has no control of the content of any linked website and is not responsible for these websites or their content or availability. Company makes no warranties or representations, express or implied about such linked websites, the third parties they are owned and operated by, the information contained on them or the suitability or quality of their products or services. If you decide to access any third-party websites and make use of the information contained on them and/or enter into any contract for the supply of goods or services from such third party and/or make any donations to such third party, you do so entirely at your own risk. Company accepts no liability for damage or loss, however caused in the connection with the use of or reliance on any information, material, products, or services contained on or accessed through any such linked website.
INTELLECTUAL PROPERTY. We, along with the Travel Suppliers, and other licensors, own all the text, images, software, trademarks, service marks and other material contained on the Site. By using the Site, you hereby agree that you will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on the Site must appear on all copies you print. Other non-Company product, service, or company designations on the Site belong to those respective third parties and may be mentioned on the Site for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to the Site does not grant you any license or right to use any of the marks included on the Site.
The “Content” and information on the Site (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us and our suppliers and providers. “Content” includes, but is not limited to, all materials, information, text, graphics, images, logos, photographs, illustrations, audio clips, video clips, and audio-visual material available on the Site. While you may make limited copies of your travel itinerary (and related documents) for travel or reservations booked through the Site, you agree not to do any of the following:
- modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, engineer, transfer, or sell or re-sell any information, software, products, or services obtained from or through our Website;
- use this Website or its contents for any commercial purpose;
- access Our Website with any manual or automated process for any purpose other than your personal use or for inclusion of Company pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep link to any portion of Our Website (including, without limitation, the purchase path for any travel services) for any purpose;
- use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
- “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
- post or distribute any material on Our Website that violates the rights of any third party or applicable law;
- use Our Website to collect or store personal data about others whether through data mining or any other means;
- use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us; and
- use any data mining methods whatsoever and for any purposes whatever.
If your booking or account shows signs of fraud, abuse, or suspicious activity, Company, in our sole and absolute discretion, may cancel any bookings associated with your name, email address, or account, and close any associated Company accounts. If you have conducted any fraudulent activity, Company reserves the right to take any necessary legal action and you may be liable for monetary losses to Company, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, or cancellation of an order please contact Company Customer Service.
REVIEW COMMENTS, PHOTOS, AND OTHER SUBMISSIONS. Parts of this website offer an opportunity for users to post and exchange opinions and information. Yūgen Earthside does not filter, edit, publish, or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Yūgen Earthside, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Yūgen Earthside shall not be liable for the Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
If you use said interactive areas on the Site you are solely responsible for the travel information and other content, including without limitation, any reviews, text, images, links, or videos that you upload, transmit, or share with us or others on or through the website (collectively, the “User Content”), and you represent and warrant that you are not transmitting or sharing User Content that you do not have permission to share. We do not guarantee any confidentiality with respect to the User Content and you understand that the User Content may be publicly displayed.
When you provide us with User Content, you own the content you create and share, and you also grant us a perpetual, transferable, irrevocable, sub-licensable, fully-paid, worldwide license to use, modify, reproduce, distribute, prepare derivative works of, publicly perform, and publicly display (in tangible form and electronically) all User Content or other content provided to us. We can use the User Content in any format, channel, platform, or region with the right to localize the content into other languages. If uploaded or submitted to us, you further give us permission and the right to use your name, image, likeness, or other personal attributes for the purposes described in these Terms.
You authorize us to make copies as we deem necessary to facilitate the storage and assimilation of the User Content on the websites. By providing us User Content, you represent and warrant that the User Content you provide will not violate or in any way infringe upon the rights of third parties, including property, contractual, employment, trade secrets, proprietary information, and nondisclosure rights, or any intellectual property rights. You may remove your User Content from the website, but the license that you have granted will remain in effect. You understand that we do not control nor are we responsible for reviewing User Content. However, we reserve the right to review, edit, or delete any User Content or your account at any time. We are not in any way responsible or liable for such User Content or the messaging contained in User Content.
You must not create and/or upload any User Content that:
- is advertising placed as a review, or a survey;
- is intentionally untrue;
- is immoral, pornographic or in any other way offensive;
- violates applicable laws in any way or constitutes a criminal offense; or
- contains viruses or other computer programs that may damage software or hardware or that may affect the use of computers.
Yūgen Earthside reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive, or causes a breach of these Terms and Conditions.
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that materials hosted by us infringe your copyright, please submit (or have your agent submit) to us a notice including all the information requested below. If you fail to provide all the requested information, we will not process your notice. You may wish to seek legal counsel prior to submitting a copyright infringement notice. You could be held liable for alleging false claims of copyright infringement.
- A physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on the site can be reached as follows:
We reserve the right in appropriate circumstances to remove content on the Site alleged to be infringing without prior notice, and/or to terminate the accounts of users who infringe any intellectual property rights of others.
COMPLAINTS. We understand that sometimes issues may arise. If you have complaints, we encourage you to contact us at email@example.com, so that we can work with you to attempt to resolve the problem. If you have an issue with the travel services, your complaint should be addressed to the Travel Supplier.
DISPUTE RESOLUTION/ARBITRATION. Any dispute, controversy or claim arising out of or relating in any way to the Site, your use of the Site, your use of services booked through the Site, or these terms including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the terms, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be Washington. Washington law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.
The arbitrators shall have no authority to award punitive/consequential/special/indirect damages. The arbitrators shall be entitled to issue injunctive and other equitable relief.
The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. This Section shall survive the termination or cancellation of this Agreement.
GOVERNING LAW. These Terms shall be governed by and construed under the laws of the State of Washington without regard to conflict of laws principles, all rights and remedies being governed by said laws.
CLASS ACTION WAIVER/NOTICE OF CLAIM. You agree that you will only bring claims against Company in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. You understand and agree that no claims will be considered and that you will not bring suit against Company unless you have first provided a typewritten notice of claim to Company within 30 days after you received the travel services or cancellation of the travel services.
VALIDITY. If any provision of the Terms or the application of any provision hereof to any person or circumstances is held invalid, unenforceable or otherwise illegal, the remainder of the Terms and the application of such provision to any other person or circumstances will not be affected, and the provision so held to be invalid, unenforceable or otherwise illegal will be reformed to the extent (and only to the extent) necessary to make it enforceable, valid or legal.
NO WAIVER. No failure by either party hereto at any time to give notice of any breach by the other party of, or to require compliance with, any condition or provision of the Terms shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
GENERAL. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate, or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced.
Questions or concerns may be sent directly to our founder at firstname.lastname@example.org