Terms and conditions · Tripsider.com

Terms for Travel Experts

Last Updated: January 05th, 2022

Tripsider.com Inc. (“Youtravel,” ”we,” “us,” or “our”) offers an online platform that enhances search and booking of small group travel experiences and connects Travel Experts from all over the world with Travelers seeking to experience new destinations and activities (collectively with the Site and Application (each as defined below), “Platform”).

The Platform is accessible at the youtravel.me and any other websites through which Youtravel makes the Platform available (collectively, “Site”) and any related applications (“Application”). By using the Platform as a Travel Expert, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms”), These Terms govern your access to and use of the Site, Application and Platform, and all Collective Content (defined below) and constitute a binding legal agreement between you and Youtravel.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Please carefully read these Terms, our Privacy Policy, and our General Terms of Use located at https://youtravel.me/en/, each of which is incorporated by reference into these Terms. If you do not agree to these Terms or any of the above mentioned documents, you have no right to obtain information from or otherwise continue using the Platform.

If there is a conflict between General Terms of Use and these Terms, the latter will take precedence with respect to your use of or access to the Platform, or Collective Content.

THE SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH TRAVEL EXPERTS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR TOURS (DEFINED BELOW) AND TRAVELERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SUCH TOURS.

YOU UNDERSTAND AND AGREE THAT YOUTRAVEL IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TRAVEL EXPERTS AND TRAVELERS, NOR IS YOUTRAVEL AN AGENT OR INSURER. YOUTRAVEL HAS NO CONTROL OVER THE CONDUCT OF TRAVEL EXPERTS, TRAVELERS, AND OTHER USERS OF THE PLATFORM OR ANY TOURS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.

YOU ALSO UNDERSTAND AND AGREE THAT YOUTRAVEL IS AN ADVERTISING WEB SERVICE AND NOT A TRAVEL AGENCY, TRAVEL PLATFORM PROVIDER, OR TRAVEL OPERATOR.

We may make changes to these Terms from time to time. If so, we will post the changed Terms on the Application and Site and will indicate at the top of this page the date the Terms were last revised. You understand and agree that your continued use of the Application or Site after we have made any such changes constitutes your acceptance of the new Terms.

Key Terms

“Collective Content” means Platformer Content and Youtravel Content.

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information, or other materials.

“Travel Expert” means tour guides that wish to take advantage of Youtravel Platform and sell their tours on the Site and/or Application by creating a Listing.

“Listing” means an activity or Tour that is listed by a Travel Expert as available for booking via the Platform.

“Platformer” means a person who completes Youtravel’s account registration process, including, but not limited to Travel Experts and Travelers, as described under “Account Registration” below.

“Platformer Content” means all Content that the Platformer posts, uploads, publishes, submits, or transmits to be made available through the Platform.

“Service Fee” means a 15% fee from the amount paid by Traveler to Travel Expert for Tour participation payable to Youtravel by Travel Expert for Platforms.

“Tax” or “Taxes” mean any sales taxes, value-added taxes (VAT), goods and services taxes (GST), and other similar municipal, state, and federal indirect or other withholding and personal or corporate income taxes.

“Youtravel Content” means all Content that Youtravel makes available through the Platform, including including all content on the Application and Site, including, but not limited to, designs, text, graphics, pictures, video, information, software, music, sound and other files, their selection and arrangement, and any Content licensed from a third party, but excluding Platformer Content.

“Traveler” means a Platformer who requests a booking of a Tour via the Platform, or a Platformer who participates in a Tour and is not the Travel Expert for such Tour.

Modification

Youtravel reserves the right, at its sole discretion, to modify the Platform at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Platform or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. Any changes will become effective immediately upon your acceptance of the modified Terms, whether by, without limitation, creating a Listing or requesting the booking of a Tour. If the modified Terms are not acceptable to you, your only recourse is to cease using the Platform.

Eligibility

The Platform can be used to facilitate the listing, reviewing, searching, comparing, meeting other people, and booking of tours and activities with Travel Experts in accordance with the Listing or a separate agreement between Travel Expert and Traveler containing terms of travel, stay, and any other terms relating to the tour (“Tours”). Such Tours are included in Listings on the Platform by Travel Experts. You may view Listings as an unregistered visitor of the Platform; however, if you wish to create a Listing, you must either register to create a Youtravel Account (defined below).

As stated above, Youtravel makes available a platform or marketplace with related technology for Travelers and Travel Experts to meet online, write reviews, search, compare, and arrange for bookings of Tours. Youtravel is not an operator of tours, activities, or other Tours, nor is it a provider of Tours or activities and Youtravel does not own, sell, resell, furnish, provide, manage and/or control any transportation, tour, or travel services.

Youtravel’s responsibilities are limited to facilitating the availability of the Platform and serving as the limited agent of each Travel Expert to accept payments from Travelers on behalf of the Travel Expert.

PLEASE NOTE THAT, AS STATED ABOVE, THE PLATFORM ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF TOURS. YOUTRAVEL CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY TOURS. YOUTRAVEL IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TOURS.

Account Registration

Travel Experts that wish to take advantage of Youtravel services and sell their tours on the Site or Application need to create an account (“Youtravel Account”). You may register to join the Platform directly via the Site or Application using the link at the top of any page. You must provide your banking information in order to register as a Travel Expert.

Tour Listings

Travel Experts may create Listings. To this end, you may be asked a variety of questions about the Tour to be listed, including, but not limited to, the location, capacity, itinerary, features, availability of the Tour and pricing and related rules and financial terms.

Travel Experts must indicate the following information about the Tour in the Listing:

Tour dates, itinerary, its day-by-day schedule, maximum number of participants for each Tour;
Description of additional services (if any);
List of equipment and clothing necessary for the Tour or provided during the Tour;
Tour-specific rules of conduct;
List of destination-specific risks or dangers, including but not limited to language barriers, weather conditions, sanitary, and epidemiological conditions;
List of destination-specific rules and regulations that may directly affect Travelers, including but not limited to visa requirements, medical documentation (including proof of vaccination), prohibited items (including medication);
Traveler’s ability to obtain medical insurance and terms and conditions of such insurance; and
Refund and cancellation terms in case of Tour cancellation by Traveler later than within 24 hours from the booking (please note that such terms should not contradict our Refund Policy).

Travel Experts working with Youtravel are responsible for making sure that their Tour listings on the Site or Application are up-to-date so that Travelers who wish to book their Tours are presented with correct information.

Travel Experts are responsible for updating their Tour information in the Youtravel Account.

Listings will be made publicly available via the Platform. Other Platformers will be able to book your Tours via the Platform based upon the information provided in your Listing.

You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Traveler taking of, a Tour in a Listing you will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies) and will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Tour included in a Listing you post, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues and not conflict with the rights of third parties.

You agree not to upload, download, display, perform, transmit, or otherwise distribute in a Listing any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) is unedited to the point where it is unreadable or extremely hard to understand. Youtravel reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Platform, and, if applicable, to delete any such material from its servers. Youtravel intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or any applicable laws.

Please note that Youtravel assumes no responsibility for Travel Expert’s compliance with any applicable laws, rules, and regulations. Youtravel reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Youtravel, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform. You understand and agree that Youtravel does not act as an insurer or as a contracting agent for you as a Travel Expert. If a Traveler requests a booking of your Tour and participates in your Tour, any agreement you enter into with such Traveler is between you and the Traveler, and Youtravel is not a party to it.

Notwithstanding the foregoing, Youtravel serves as the limited authorized agent of the Travel Expert to accept payments from the Traveler on behalf of the Travel Expert and is responsible for transmitting such payments to the Travel Expert, subject to these Terms.

You acknowledge and agree that, as a Travel Expert, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Tour at your request or invitation, excluding the Traveler. Youtravel recommends that Travel Experts obtain appropriate insurance for their Tours.

Please review any insurance policy that you may have for your Tour carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Travelers while participating in your Tour.

No Endorsement

Youtravel does not endorse any Platformers or any Tours. In addition, although these Terms require Platformers to provide accurate information, we do not attempt to confirm and do not confirm any Platformer’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Platform. We will not be responsible for any damage or harm resulting from your interactions with other Platformers. By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Platformers or other third parties will be limited to a claim against the particular Platformers or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Youtravel with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Platformers via the Platform regarding any bookings or Listings made by you.

This limitation will not apply to any claim by a Travel Expert against Youtravel regarding the remittance of payments received from a Traveler by Youtravel on behalf of a Travel Expert, which instead will be subject to the limitations described in the section below entitled “Limitation of Liability.”

Bookings and Financial Terms for Travel Experts

If you are a Travel Expert and a booking is requested for your Tour via the Platform, you will be required to either confirm or decline the booking using Youtravel Account

If you decide to decline a booking of a Tour, any amounts collected by Youtravel for the requested booking will be refunded to the applicable Traveler’s credit card and any pre-authorization of such credit card will be released. You understand and agree that once a Traveler requests a booking of your Tour, the price for such booking may not be altered after you confirm the booking without first obtaining the Travelers consent. If you have not yet confirmed the Traveler’s booking you can amend the price, details, add discounts, food funds, single supplements, and other local payment so long as you advise the Traveler of these changes before you confirm the booking to allow Travelers to consent to your changes.

When a booking is requested via the Platform, we may share with you the first and last name of the Traveler who has requested the booking. The deposit amount displayed on the booking page is set by you. Where applicable, Taxes may be charged in addition to the Tour cost. The Tour Cost and applicable Taxes are collectively referred to in these Terms as the “Total Cost”. The amounts due and payable by a Traveler solely relating to a Travel Expert’s Tour are the “Tour Cost”. Please note that it is you and not Youtravel who determines the Tour Cost and you agree this Cost will be exactly the same Cost as stated on your website.

Notwithstanding anything in this Terms to the contrary, if at any time you sell or provide Tours to any customer for commercial use at rates more favorable than those indicated in the Listing, you will promptly offer Travelers on Youtravel Site and Application the benefit of such more favorable terms and conditions or rates, which, upon acceptance, will be retroactive to the date that such more favorable terms and conditions were first effective for such other customer. If the Traveler will inform Youtravel within 24 hours of the purchase of the Tour of such more favorable conditions found on your website, social media account, including Facebook, Instagram, Pinterest, YouTube, or other you guarantee that such terms will apply to such Traveler and you agree to reimburse Traveler for the difference in the price.

Youtravel is only liable to pay to the Travel Expert the payments collected from the Traveler minus Youtravel’s Service Fee. Youtravel will pay the Net Amount (defined as being the Tour Cost minus the Service Fee) to your nominated bank account. We are responsible for emailing the Traveler with a booking receipt for their payments. You are responsible for emailing any documentation, other necessary details, and vouchers to the Traveler.

Appointment of Youtravel as Payment Agent for Travel Expert

Each Travel Expert hereby appoints Youtravel as the Travel Expert’s limited agent solely to collect payments made by Travelers on behalf of the Travel Expert. Each Travel Expert agrees that payment made by a Traveler to Youtravel will be considered the same as a payment made directly to the Travel Expert and the Travel Expert will make the Tour available to Traveler in the agreed-upon manner as if the Travel Expert has received the payment.

In accepting an appointment as the limited authorized agent of the Travel Expert, Youtravel assumes no liability for any acts or omissions of the Travel Expert. Travel Experts acknowledges and agrees that Youtravel reserves the right, in its sole discretion, to introduce and collect other fees from you in accordance with the Modification Section of these Terms. Please note that Youtravel will provide notice of new fees via the Platform, prior to implementing such new features.

Service Fees Only Apply to Travel Experts

In consideration for providing the Platform, Youtravel collects a Service Fee only from Travel Experts. Where applicable, Taxes may also be charged in addition to the Service Fee. Service Fees are deducted from the Tour Cost before remitting the balance to the Travel Expert (please note that we will not be responsible for delays in payment, which can vary based on the bank, currency, location, etc).

Balances will be remitted by Youtravel to Travel Experts via cheque, direct deposit, or other payment methods described on the Site or via the Application, in the Travel Expert’s currency of choice, depending upon the selections the Travel Expert makes via the Platform.

Except as otherwise provided herein, Service Fees are non-refundable.

Booking and Financial Terms

The Travel Experts, not Youtravel, are solely responsible for honouring any confirmed bookings and making available any Tours reserved through the Platform. The Listing for a Tour will specify the Tour Cost.

Once a Tour has been purchased, Traveler’s booking cannot be changed by you or cancelled with a refund, unless otherwise stated in these Terms. The standard cancellation policy allows Traveler to request a change to and/or cancel a booking of a Tour up to 24 hours after the purchase.

If a Traveler has canceled the requested booking, or if the Travel Expert declines Traveler’s booking request due to non-availability we will automatically cancel any pre-authorization to Traveler’s credit card and/or Travel Expert will refund any amounts charged to Traveler’s credit card in connection with the requested booking within a commercially reasonable time. The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount will be credited at the end of the current invoicing period. The exact time of the refund depends on the Traveler’s bank. In the event of such termination Travel Expert may be liable to Youtravel for the Service Fee, at the sole discretion of Youtravel.

If the booking request was cancelled due to non-availability or modified Travel Expert may offer another Listing to Traveler.

Travel Expert may permit payment of the Tour Cost to be made in installments. If the Traveler elects to pay installment payments, the payment of each monthly installment will be made on the anniversary of the date of the first installment payment. If no installment payment is made within 1 month from the purchase date, Travel Expert may cancel the Traveler’s booking.

Travel Expert’s Reports

The Platform will automatically form reports with respect to Travel Expert’s Tours sold through the Platform. Reports will include the following information: (i) ID number of Traveler’s bookings; (ii) information regarding the Traveler; (iii) total cost for each booking; (iv) refunded amounts (if any); (v) total amounts received from Travelers; (vi) any additional services and their price; (vii) total Service Fee for the reporting period. Travel Expert may challenge the report within 3 business days from the day it was formed on the Platform. The report will be considered accurate if the Travel Expert didn’t challenge it within the timeframe provided above.

Taxes

You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Youtravel cannot and does not offer Tax-related advice to any Platformers of the Platform. Additionally, please note that each Travel Expert is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings.

Platformer Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, and Platform.

In connection with your use of the Platform, you may not and you agree that you will not:

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,”. “crawl,” or “spider” any web pages or other services contained in the Site, Application, or Platform;
use the Platform for any commercial or other purposes that are not expressly permitted by these Terms;
copy, store, or otherwise access any information contained on the Platform or Content for purposes not expressly permitted by these Terms;
infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, or contractual rights;
interfere with or damage the Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
use the Platform to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;
use the Platform in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Tours;
“stalk” or harass any other user of the Platform or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Traveler or Travel Expert;
offer, as a Travel Expert, any Tours that you do not yourself have permission to provide (without limiting the foregoing, you will not list Tours as a Travel Expert if you are serving in the capacity of an agent for a third party);
offer, as a Travel Expert, any Tour that may not be provided pursuant to the terms and conditions of an agreement with a third party;
register for more than one Youtravel Account or register for a Youtravel Account on behalf of an individual other than yourself;
contact a Traveler for any purpose other than asking a question related to a booking or such Traveler’s use of the Platform;
when acting as a Traveler or otherwise, recruit or otherwise solicit any Travel Expert or other Platformer to join third-party services or websites that are competitive to Youtravel, without Youtravel’s prior written approval (for clarity and without diminishing any of Youtravel’s rights to enforce these Terms, Youtravel may cancel such offending Platformer’s Youtravel Account, permanently block such Platformer from access to the Service, and take any legal action Youtravel deems appropriate against such Platformer, including by prosecuting such Platformer to the fullest extent of the law);
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation or non-affiliation with any person or entity, or otherwise post any reviews that exhibit a conflict of interest (for example, by posting reviews for your or your employer’s Listing);
use automated scripts to collect information or otherwise interact with the Platform; use the Platform to find a Travel Expert or Traveler and then complete a booking of a Tour transaction independent of the Platform, whether or not you do so in order to circumvent the obligation to pay any Service Fees related to Youtravel’s provision of the Platform;
as a Travel Expert, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor; post, upload, publish, submit or transmit any Content that: infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person, or promotes illegal or harmful activities or substances;
systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
use, display, mirror or frame any portion of the Platform, or any individual element within the Platform, Youtravel’s name, any Youtravel trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Youtravel’s express written consent;
access, tamper with, or use non-public areas of the Platform, Youtravel’s computer systems, or the technical delivery systems of Youtravel’s providers;
attempt to probe, scan, or test the vulnerability of any Youtravel system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Youtravel or any of Youtravel’s providers or any other third party (including another user) to protect the Platform or Collective Content;
forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform or Collective Content to send altered, deceptive, or false source-identifying information;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform or Collective Content, or advocate, encourage, or assist any third party in doing any of the foregoing.

Ownership

The Platform (including the Site and Application) and Collective Content are protected by copyright and trademark laws. You acknowledge and agree that the Platform (including the Site and Application) and Collective Content, including all associated intellectual property rights, is the exclusive property of Youtravel and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform (including the Site and Application) or Collective Content.

Youtravel Content and Platformer Content License

Subject to your compliance with the terms and conditions of these Terms, Youtravel grants you a limited, non-exclusive, non-transferable license to (i) access and view any Youtravel Content solely for your personal and non-commercial purposes and (ii) access and view any Platformer Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Youtravel or its licensors, except for the licenses and rights expressly granted in these Terms.

Platformer Content

We, in our sole discretion, permit Platformers to post, upload, publish, submit or transmit Platformer Content. By making available any Platformer Content on or through the Platform, you hereby grant to Youtravel a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Platformer Content on, through, or by means of the Platform. Youtravel does not claim any ownership rights in any such Platformer Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Platformer Content. You acknowledge and agree that you are solely responsible for all Platformer Content that you make available through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Platformer Content that you make available through the Platform or you have all rights, licenses, consents, and releases that are necessary to grant to Youtravel the rights in such Platformer Content, as contemplated under these Terms; and (ii) neither the Platformer Content nor your posting, uploading, publication, submission or transmittal of the Platformer Content or Youtravel’s use of the Platformer Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Platform may contain links to third-party websites or resources. You acknowledge and agree that Youtravel is not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Youtravel of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names, and any other proprietary designations of Youtravel used herein are trademarks or registered trademarks of Youtravel. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Disclaimers

IF YOU CHOOSE TO USE THE PLATFORM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT YOUTRAVEL DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY PLATFORMER, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND TRAVEL EXPERTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE PLATFORM (INCLUDING THE SITE AND APPLICATION) AND COLLECTIVE CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YOUTRAVEL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

YOUTRAVEL MAKES NO WARRANTY THAT THE PLATFORM OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY TOURS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUTRAVEL MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, TOURS, THE PLATFORM, OR COLLECTIVE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YOUTRAVEL OR THROUGH THE SITE, APPLICATION, SERVICE,S OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY TRAVEL EXPERTS OR TRAVELERS. YOU UNDERSTAND THAT YOUTRAVEL DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VISIT ANY TOURS. YOUTRAVEL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM.

YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, TRAVELERS AND TRAVEL EXPERTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY YOUTRAVEL OR TAKE PLACE DURING AN TOUR. NOTWITHSTANDING YOUTRAVEL’S APPOINTMENT AS THE LIMITED AGENT OF THE TRAVEL EXPERTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELERS ON BEHALF OF THE TRAVEL EXPERTS, YOUTRAVEL EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVELER OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY TOURS VIA THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER YOUTRAVEL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR THE COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR PLATFORM, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR FROM YOUR LISTING OR BOOKING OF ANY TOUR VIA THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOUTRAVEL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification and Release

You agree to release, defend, indemnify, and hold Youtravel and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Application, Platform, or Collective Content or your violation of these Terms; your Platformer Content; and your interaction with any Platformer, booking of a Tour, creation of a Listing or the use, condition or quality of a Tour, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of participating in or booking a Tour.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Youtravel 's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Youtravel may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Youtravel via email (in each case to the address that you provide) or by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Governing Law; Venue and Jurisdiction

By accessing or using the Application or Site, you agree that the laws of the State of New York, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms.

Dispute Resolution

Dispute Resolution

You can submit a claim regarding the operation of the Platform to us via email at [email protected]. You may also reach us in writing at the following address: 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex. We will consider your claim and provide you with an answer within 30 days.

BY USING THE PLATFORM OR SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.

1. In this Arbitration Section:

a) “You” and “your” mean the individual entering into these Terms, as well as any person claiming through such individual;

b) “We” and “us” means Tripsider.com, Inc., its affiliates, and any of each of their respective parents, subsidiaries, affiliates, predecessors, successors, and assigns, as well as the officers, directors, and employees of each of them;

c) “Claim” means any dispute, claim, or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law, or equity, whether pre-existing, present, or future, and whether seeking monetary, injunctive, declaratory, or any other relief) arising from or relating to these Terms or the relationship between us and you (including claims arising prior to or after the date of the Terms, and claims that are currently the subject of purported class action litigation in which you are not a member of a certified class), and includes claims that are brought as counterclaims, crossclaims, third party claims or otherwise, as well as disputes about the validity or enforceability of these Terms or the validity or enforceability of this Arbitration Section

2. Any Claim will be resolved by binding arbitration administered by the American Arbitration Association or JAMS, under the applicable arbitration rules of the administrator in effect at the time a Claim is filed (“Rules”). Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You can obtain the Rules and other information about initiating arbitration by contacting the American Arbitration Association at 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org; or by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614, (949) 224-1810, www.jamsadr.com. The address for serving any arbitration demand or claim on us is 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, Attention: Legal.

3. Claims will be arbitrated by a single, neutral arbitrator, who will be a retired judge or a lawyer with at least ten years’ experience.

4. Any in-person arbitration hearing will be held in the city with the federal district court closest to your residence, or in such other location as you and we may mutually agree. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1-16, and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator will have the power to award any relief authorized under applicable law. Any appropriate court may enter judgment upon the arbitrator’s award. The arbitrator’s decision will be final and binding except that: (1) any party may exercise any appeal right under the FAA; and (2) any party may appeal any award relating to a claim for more than $100,000 to a three-arbitrator panel appointed by the administrator, which will reconsider de novo any aspect of the appealed award. The panel’s decision will be final and binding, except for any appeal right under the FAA.

5. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims. The arbitrator will have no power to arbitrate any Claims on a class action basis or Claims brought in a purported representative capacity on behalf of the general public, other Users, or other persons similarly situated. The validity and effect of this paragraph (e) will be determined exclusively by a court, and not by the administrator or any arbitrator.

6. If any portion of this Arbitration Section is deemed invalid or unenforceable for any reason, it will not invalidate the remaining portions of this section. The terms of this Arbitration Section will prevail if there is any conflict between the Rules and this section.

7. YOU AND WE AGREE THAT, BY ENTERING INTO THESE TERMS, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILL LIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED IN PARAGRAPH (d) OR UNDER THE FEDERAL ARBITRATION ACT).

8. You and we acknowledge and agree that the arbitration agreement set forth in this Arbitration Section is made pursuant to a transaction involving interstate commerce, and thus the Federal Arbitration Act will govern the interpretation and enforcement of this Arbitration Section. This Arbitration Section will survive the termination of these Terms.

9. In the event that a dispute does not proceed to arbitration, these Terms and all other aspects of your use of the Application or Site will be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of New York, without regard to its conflict of laws principles. You agree that you will notify us in writing of any claim or dispute concerning or relating to the Application or Site and the information or services provided through it, and give us a reasonable period of time to address it before bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against us.

Waiver

The failure of Youtravel to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms will continue in full force and effect. If any provision of these Terms will be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Contacting Youtravel

If you have any questions about these Terms, please contact Youtravel at [email protected].