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Last Updated: January 05th, 2022
General Terms of Use
Please review these General Terms of Use (“Terms”) before using this site or mobile application or accessing any data on it. If you do not agree to these Terms without limitation or exclusion, you should exit our site at youtravel.me and any of its subdomains (“Site”) and delete the Tripsider.com mobile application (“Application”). These Terms are effective immediately for new users, and from January 05th, 2022, for existing users.
Welcome to the Youtravel platform, which is operated by Tripsider.com, Inc., a Delaware corporation (“Youtravel,” “we,” or “us”). Youtravel 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.
By accessing or using the Site and Application available through the Apple App Store at itunes.apple.com/youtravel.me and on Google Play at play.google.com/youtravel.me (further sometimes collectively referred to as “Platform”), you (“User” or “you”) signify that you have read and agree to be bound by these Terms, regardless of whether you are a registered user of the Platform; you represent and warrant that you have the right, authority, and capacity to accept these Terms and to abide by them and that you have fully understood the Terms without any impairment in judgment resulting from (but not limited to) mental illness, intoxication, medication, or any other health or other problem that could impair judgment.
Consequently, if you do not accept or understand the Terms, please do not use, install, access, or register with the Platform and leave the Site. If your agreement to these Terms is required in connection with or after the installation process of the Application, and you do not agree to these Terms, you are not entitled to use the Application, in which case you must promptly uninstall and delete all copies thereof.
The services comprise an online platform through which platformers (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 services 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 services 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.
Legal Terms
The Platform is governed by the following legal documents:
These Terms
Privacy Policy
Terms for Travel Experts
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.
“Gift Voucher” means a virtual gift card that can be purchased from Youtravel for yourself or others and redeemed on the Platform. Terms and conditions with respect to Gift Vouchers are listed in Annex A to these Terms.
“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.
“Platformer Content” means all Content that a Platformer posts, uploads, publishes, submits, or transmits to be made available through the Platform.
“Referral Program” means a referral program provided by Youtravel that allows Platformers to receive bonus points in accordance with such program’s terms and conditions located at: https://youtravel.me/en/support/referral-points.
“Travel Experts” means tour guides that wish to take advantage of the Youtravel Platform and sell their tours on the Site and/or Application by creating a Listing.
“Tour” means facilitation of the listing, reviewing, searching, comparing, meeting other Travelers, and booking of tours and activities.
“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.
“Youtravel Content” means all Content that Youtravel makes available through the Platform, 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.
“User Data” means any data imported by you to the Application or collected and processed by you while using the Application (including information you collect from third-party websites and sources). We do not keep the data collected by you from third-party websites and sources. Such data is stored on your mobile device or computer.
GENERAL LIMITATIONS
You acknowledge and agree that:
Youtravel provides the Platform where Travel Experts post information about Tours. We do not place or inspect any of the Listings posted on and sold through the Platform. The Listings presented on the Platform are placed, organized, and sold directly by Travel Experts, which act independently of Youtravel. Youtravel does not make any warranties about the quality, safety, or legality of Listings;
Youtravel does not investigate, monitor, or check for accuracy, appropriateness, or completeness of the information about Listings posted by Travel Experts. Youtravel does not warrant that the information about Listings is accurate, complete, reliable, current, or error-free; and
Youtravel is not responsible or liable for any loss or damage of any sort incurred as a result of any dealings between you and Travel Experts, including any loss or damage caused by Listings or incurred in connection with the booking of Tours; and
Youtravel processes payments of the booking price for Listings and transfers such payments to Travel Experts, but does not itself organize Tours and is not responsible for it.
Youtravel, its employees, owners, and managers are not agents of Platformers, except in some specific cases where the Platform acts as a financial agent or escrow.
ELIGIBILITY, LICENSE, AND REPRESENTATIONS
Eligibility
The Platform is intended for users who are 18 years of age or older, and any registration by, use of or access to the Platform by any natural person under 18 is unauthorized, unlicensed and in violation of these Terms. Children under 18 and at least 13 years of age are only permitted to use or access the Platform if the following conditions are met: (a) such children use the Platform through an account owned by a parent or legal guardian (b) with their explicit permission and (c) under their direct supervision. Children under 13 years of age are not permitted to use the Platform.
By using the Platform, you represent that you are 18 or older and that you agree to and will abide by these Terms. If you violate any of these Terms or otherwise violate any agreement between you and us, Youtravel may terminate your membership, delete your profile, or prohibit you from using or accessing the Platform (or any portion, aspect, or feature of the Platform), at any time in its sole discretion, with or without notice, including if Youtravel believes that you are under 18.
Proprietary Rights in Content; Limited License
Youtravel Content is the property of Youtravel or Travel Experts with all rights reserved. No Youtravel Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Youtravel’s or Travel Experts’ prior written permission, except as provided in the following sentence and except that the foregoing does not apply to Platformer Content that you legally post on the Platform.
Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Youtravel Content solely for your use, provided that you keep all copyright or other proprietary notices intact. Except for Platformer Content, you may not republish Youtravel Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation, and any other use of the Youtravel Content is strictly prohibited and will result in the termination of the license granted under the Terms. Such unauthorized use may also violate applicable laws, such as copyright and trademark laws and applicable communications regulations and statutes. This license is revocable by us at any time without notice and with or without cause.
You are not allowed to distribute the Platform software or otherwise profit from the use of the Platform.
Youtravel reserves the right to change, suspend, or discontinue operating the Platform at any time, for any reason. We will not be liable to you for the effect that any changes to the Platform may have on you.
Platformer Content
We wish to remind you that you are solely responsible for any Platformer Content and information that you make available on the Platform or in connection with the use of the Platform, regardless of the manner in which you make it available. Similarly, your use of, or reliance on, Platformer Content is at your own risk.
You acknowledge and agree that you are solely responsible for all activity that occurs under your account on the Platform (even if such activity is the result of someone else’s use of your account) and that you have all rights necessary to upload Platformer Content to the Platform through your account or in connection with the use of the Platform through your account. You further acknowledge and agree that Platformer Content and your other activities in connection with the Platform do not, and will not, violate, infringe, or misappropriate any third party’s intellectual property right, right of privacy or publicity, or other personal or proprietary right, nor does Platformer Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive, or harassing.
By posting Platformer Content to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute Platformer Content for any purpose on or in connection with the Platform or its promotion, to prepare derivative works of, or incorporate into other works, Platformer Content, and to grant and authorize sublicenses for these uses. You may remove your Platformer Content from the Service at any time.
We will not, under any circumstances, be liable in any way for any content, including, but not limited to, any errors or omissions in any material or content, or any loss or damage of any kind that you incur as a result of your use of, or your acting in reliance on, any material or content posted, e-mailed, transmitted, or otherwise made available on the Platform or in connection with the use of the Platform.
We may, but have no obligation to:
1. monitor or moderate any material or content posted on the Platform;
2. remove any material or content from the Platform; or
3. restrict access to any part of the Platform at any time in our sole discretion and without advance notice.
User Data
You are solely responsible for the User Data and the consequences of Youtravel or any third-party using such User Data. You own all rights to all of the User Data and have sole responsibility for the accuracy and quality of the User Data.
Restrictions on Data Collection
Without our prior consent, you may not:
1. use any automated means to access the Application or Site or collect any information from the Application or Site (including robots, spiders, scripts, or other automatic devices or programs);
2. frame the Application or Site, utilize framing techniques to enclose any Youtravel Content or other proprietary information, place pop-up windows over the Application and Site pages, or otherwise affect the display of the Application or Site pages;
3. engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;
4. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Users of the Application or third party;
5. use data provided by Youtravel in any manner whatsoever for any competing uses or purposes. You further agree that you have never used data provided in any manner whatsoever by Youtravel in the past to compete with the products or services of Youtravel; or
6. use the Application or Site in any manner that violates applicable law or that could damage, disable, overburden, or impair the Application of Site or interfere with any other User’s use and enjoyment of the Application or Site.
We may terminate, disable or throttle your access to, or use of, the Platform at any time without notice for any reason, with or without cause, at our sole discretion. If we do so, it is important to understand that you do not have a contractual or legal right to continue to use the Application, for example, to book Listings through the Platform. Youtravel may refuse service to anyone, at any time, for any reason. If you or Youtravel terminate your account, you may lose any information associated with your account, including Your Content.
The provisions contained in the MISCELLANEOUS TERMS section of these Terms will survive termination of your use or access to the Application and Site.
ACCOUNT REGISTRATION
Registration Process
In order to access certain features of the Platform and to book a Tour, you can create an account (“Youtravel Account”) and become a Platformer.
You may register to join the Platform directly via the Site or Application using the link at the top of any page or as otherwise described in this section. You may also be able to register to join by logging into your account with certain third-party social networking sites (“SNS”), including, but not limited to, Facebook, Google, and Apple ID (“Third-Party Account”). As part of the functionality of the Platform, you may be able to link your Youtravel Account with Third-Party Accounts, by either providing your Third-Party Account login information to Youtravel through the Platform; or allowing Youtravel to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to Youtravel and/or grant Youtravel access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Youtravel to pay any fees or making Youtravel subject to any usage limitations imposed by such third party service providers. By granting Youtravel access to any Third-Party Accounts, you understand that Youtravel may access, make available, and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Platform via your Youtravel Account.
You agree that Youtravel may request your email address, access to photos; friends list to help verify your identity; share your updates and photos; and to be contacted by us. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Platformer Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Youtravel Account on the Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Youtravel’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Platform. You have the ability to configure certain portions of the connection between your Youtravel Account and your Third-Party Accounts, at any time, by accessing the “User Profile” section of the Platform. Youtravel makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement and Youtravel is not responsible for any SNS Content. We will create your Youtravel Account for your use of the Platform based upon the personal information you provide to us or that we obtain via an SNS as described above.
Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers.
Registration Data; Account Security; Verification
In consideration of your use of the Platform, you agree to:
1. provide accurate, current and complete information about you (“Registration Data”);
2. maintain the security of your password and identification;
3. maintain and promptly update the Registration Data, keep it accurate, current, and complete; and
4. be fully responsible for all use of your account and for any actions that take place using your account.
Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Platformers to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Platformers, (ii) screen Platformers against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Platformer, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
If you are registering a Youtravel Account for a legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms, including but not limited to the Power of Attorney for a person who can act on behalf of such a legal entity and the foundation documents.
The Platformer has the right to delete his account on the Platform at any time. In this case, the we delete all information about the Platformer on the Platform without the possibility of recovery. Also, in order to delete his account, the Platformer can send a request to us at the address indicated on the site. The deletion of the Platformer 's account and the termination of the processing of the Platformer 's personal data is carried out by us within the profile within 10 working days from the date of receipt of such a request. The date of deletion is fixed on the site and the processing of the Platformer 's personal data is terminated.
User Representations and Warranties
You represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Platform or in connection with the use of the Platform will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, fraudulent or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Application or Site or for any other purpose. You further agree not to interfere with or try to disrupt the Application or Site, for example by distributing a virus or other harmful computer code. You further agree that you may not use the Application or Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair Youtravel. In addition, you agree not to use the Application or Site to:
1. upload, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
2. except where authorized by Youtravel, register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
3. impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
4. upload, share or otherwise make publicly available on the Platform any private information of any third party, including, without limitation, phone numbers, email addresses, and photographs;
5. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other malicious or tracking computer code, files or programs designed to track, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
6. upload, share, store, or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
7. use or attempt to use another User’s account, service or system without authorization from that person and Youtravel, or create a false identity on the Platform; or
8. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Youtravel, is objectionable or which restricts or inhibits any other person from using or enjoying the Application or Site, or which may expose Youtravel or its Users to any harm or liability of any type.
SCOPE OF TRAVELER’S USE OF THE PLATFORM; PRICE MATCH GUARANTEE
The Traveler is entitled to use the Platform for free to search for or to receive information about Tours, Travel Experts, and Platform management.
If the Traveler finds the same Tour from the same Travel Expert in any other source at a lower price within 24 hours after the payment for booking is made and provides a valid link to this information to Youtravel, the Travel Expert will reimburse the price difference to the Traveler.
PAYMENT TERMS
Youtravel provides Users with payment services through the Platform and in connection with it, including the collection, transfer, and payment of funds (“Payment Services”). Youtravel may improve, expand, and modify Payment Services, as well as introduce new Payment Services.
We provide Payment Services that can be used to acquire services only within the Platform or for a limited range of services, such as Tours. We do not provide payment agent services anywhere other than this Platform. In order to use the Payment Services, you must have the Youtravel Account in good standing. If you or Youtravel closes your Youtravel Account for any reason, you will no longer be able to use the Payment Services.
Youtravel may charge fees for use of certain Payment Services and any applicable fees will be disclosed to users via the Platform.
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.
Each Travel Expert collecting payment for services provided via the Platform hereby appoints Youtravel as its payment collection agent solely for the limited purpose of accepting funds from Travelers. Traveler and Travel Expert agree that payment made through Youtravel will be considered the same as a payment made directly to the Travel Expert, and the Travel Expert will arrange the Tour for Traveler in the agreed-upon manner as if the Travel Expert has received the payment directly from the Traveler.
We may correct any billing errors or mistakes that we may have made even if we have already requested or received payment from you. The terms of your payment may be determined by agreements between you and the financial institution, credit card issuer, or other provider of the designated payment method.
You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction that is your country of residence, and any other applicable laws. In particular, but without limitation, the Payment Services may not be used to send or receive funds: (i) into any United States embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. You represent and warrant that: (i) neither you nor your Host Services are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.
We have a legal obligation to collect identity information to comply with anti-money laundering regulations. We may (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address or payment methods; or (iii) attempting to screen your information against third-party databases. Youtravel reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
BOOKING VIA THE PLATFORM
Booking
To book a trip and make a subsequent payment, the Traveler should provide information about himself or herself in the Platform’s feedback form or register as a Traveler at https://youtravel.me/reg/tourist, select available Tour and book it by clicking a “Book a Trip” button.
A Traveler is required to pay a down payment in the amount indicated in the Listing (“Down Payment”) for booking to be confirmed. Down Payment should be paid within 72 hours after booking. Your Down Payment is refundable until your booking is confirmed in writing. Except as provided below, your Down Payment is non-refundable after your booking is confirmed.
All bookings made on the Platform are on a request basis and are subject to final confirmation by the Travel Expert. Travel Experts have 24 hours to confirm or cancel your booking after you’ve submitted a request. If the Travel Expert accepts your Booking, we will issue a confirmation email. If your booking cannot be confirmed, then Youtravel customer support department or your Travel Expert will notify you.
By submitting a request for booking you represent, warrant, and agree that you have read and understood the following information about the requested Tour:
1. Tour dates, itinerary, its day-by-day schedule, maximum number of participants for each Tour;
2. Description of additional services (if any);
3. List of equipment and clothing necessary for the Tour or provided during the Tour;
4. Tour-specific rules of conduct;
5. List of destination-specific risks or dangers, including but not limited to language barriers, weather conditions, sanitary, and epidemiological conditions;
6. 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); and
7. Your ability to obtain medical insurance and terms and conditions of such insurance.
A contract will exist between the Travel Expert and you, the Traveler, regarding the booked Tour, such agreement will commence as of the date we issue the confirmation email. Please refer to your booking confirmation email for details regarding final payments. Payments, other than the Down Payment, made towards the balance of the Booking are referred to as the “Additional Payments.”
When you make a booking, Youtravel collects your payment information and processes your payment as described in these Terms. In doing so, Youtravel acts as the limited payment collection agent of the Travel Expert, collecting your payment for the applicable Tour(s) on behalf of such Travel Expert.
If you make a booking, you agree to review and be bound by the applicable Travel Expert’s terms and conditions and any other rules or policies related to the Tour (“Expert Terms”). Notwithstanding the foregoing, to the extent that the Expert Terms conflict with these Terms in respect of your legal relationship with Youtravel, these Terms will prevail. Your interactions with Travel Experts are at your own risk. Youtravel will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any Travel Expert or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with any Travel Expert.
In order for us to confirm your travel arrangements for the booking of your Tour you must provide all requested details to us or to the Travel Expert. Necessary details vary by booking, and may include without limitation, full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Failure to provide requested details may result in additional charges or non-refundable cancellation of your booking.
Changes and Cancellation
By making a booking with a Travel Expert, you accept and agree to the relevant cancellation and no-show policy of that Travel Expert, and to any additional terms and conditions of the Travel Expert that may apply to your Tour (including the fine print of the Travel Expert made available on our Platform), including for services rendered and/or products offered by the Travel Expert.
Regardless of Travel Expert terms and conditions on the contrary Youtravel’s standard cancellation policy allows you to cancel a booking up free of charge and request reimbursement of Down Payment and/or Additional Payment in full within 24 hours from the booking.
If a Travel Expert cancels the Tour with less than 30 days’ notice prior to its planned start, and does not reschedule the Tour, you may elect to obtain a full refund of the Down Payment and Additional Payments, or a credit in the amount of the Down Payment and Additional Payments.
Travel Expert and Traveler in the event of cancellation may agree that the refund will be provided in a form of a Travel Expert certificate for the full sum of the refund that may be used by Traveler towards payment of such Travel Expert’s other Tours. Such certificate will be active for 2 years, unless a longer term is indicated in the certificate.
Requests for modifications and amendments to a booking, including date change requests (collectively, a “Change Request”) should be made online through the ‘Manage My Booking’ section of the Site; and (b) if it is possible to implement a Change Request, Youtravel shall not charge a fee for doing so, as long as the Change Request is received by us by the deadline specified in the Listing. Please note that Travel Expert may charge a fee to accommodate a Change Request; in such circumstances, you will be required to pay such fee in order that Youtravel may successfully process your Change Request.
All Change Requests will be processed by Youtravel subject to the availability and agreement of the applicable Travel Expert. Youtravel does not guarantee the success of any Change Request. To the extent the Travel Expert is unwilling or unable to accept such Change Request, then your right to a refund (if any) will be governed by the cancellation terms of your booking.
Passports, Visas & Insurance
When you make a booking, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.
For applicable passport and visa requirements, you should consult the relevant embassy or consulate for information. Such requirements may change at any time, and it is your responsibility to check for up-to-date information before making a booking and before your departure. Youtravel and Travel Experts accept no liability in connection with any person who is refused entry onto a flight or into any country, including countries such person may just be passing through en route to their destination.
As visa and health requirements are subject to change without notice, Youtravel recommends that you verify health and visa requirements with the appropriate consulate prior to departure. It is also your responsibility to consult your physician for current recommendations on inoculations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.
Youtravel strongly recommends that you purchase a comprehensive travel insurance policy prior to departure to protect yourself on the Tour. If you cancel your trip or significantly alter travel dates, your travel insurance policy may reimburse the cost of cancellation fees and related expenses. Please review your travel insurance policy carefully for related terms and conditions.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Youtravel urges Travelers to investigate and review travel prohibitions, warnings, announcements and advisories issued by the United States Government and destination country governments prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
YouTravel does not represent or warrant that travel to any destination is advisable or without risk, and youtravel is not liable for damages or losses that may result from travel to such destinations.
COVID-19 Vaccination Requirements. Some Travel Experts may require that all Travelers on the Tour are fully vaccinated against COVID-19. This requirement will be displayed via Site copy at the time of booking. If required, all Travelers must certify that they have been fully vaccinated as defined by the relevant national authority by departure date. The Travel Expert’s vaccination requirement is in addition to the vaccination and/or testing requirements enforced by the local authorities within the destination of travel. Youtravel will not facilitate the collection of proof in regard to vaccination status and is not responsible for providing or verifying this information. Travel Expert is solely responsible to implement, administer, and enforce such vaccination requirements. Traveler agrees and acknowledges that Youtravel disclaims all liability related to such vaccine requirements and the implementation and enforcement of such requirements.
CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES
Consent through the Use of the Application
Because the Platform operates only on the Internet, it is necessary for you to consent to transact business with us and Platformers online and electronically. As part of doing business with us, therefore, we also need you to consent to our giving you certain disclosures electronically, either via the Platform or to the email address you provide to us. By agreeing to the Terms, you agree to receive electronically all documents, communications, notices arising from or relating to your use of the Platform (each a “Disclosure”), from us and Platformers. The decision to do business with us and Platformers electronically is yours. This document informs you of your rights concerning Disclosures.
Consent to Receive Electronic Communications
Any Disclosures will be provided to you electronically through the Application or via email to the email address you provided. We may discontinue the electronic provision of Disclosures at any time in our sole discretion.
Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such time as all Disclosures relevant to transactions that occurred while you were a User have been made.
How to Contact Us regarding Disclosures
You can contact us via email at [email protected]. You may also reach us in writing to us at the following address: 16192 Coastal Highway, Lewes, Delaware 19958, County of Sussex, Attention: Customer Service.
INTELLECTUAL PROPERTY MATTERS
Trademarks
Youtravel graphics, logos, designs, page headers, button icons, scripts and service names are the exclusive intellectual property of Youtravel in the U.S. and other countries. Youtravel’s trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Youtravel.
Copyright Complaints
We will respond expeditiously to claims of copyright infringement using Travel Expertlines and procedures set forth in Section 512 of the Digital Millennium Copyright Act of 1998 (“DMCA”). If you see any material on the Application or Site that in your good-faith belief may infringe someone’s copyright, you may notify us by e-mailing us at [email protected] with “Copyright” in the subject line. In order to be effective, your notice, also known as a takedown notice, must include the following information:
1. The identity of the original copyrighted work that you claim is infringed or, if your notice covers multiple copyrighted works, you may provide a representative list of the copyrighted works that you claim have been infringed;
2. A sufficiently detailed description of the content on the Application or Site that you claim infringes the copyrighted work;
3. Your contact information, including your full name, mailing address, telephone number, and email address, if available;
4. A statement that you believe in good faith that the use of the allegedly infringing content on the Application or Site is not authorized by the copyright owner, its agent, or the law;
5. This statement: “I swear, under penalty of perjury, that the information in this notification and complaint is accurate and that I am the copyright owner, or am authorized to act on behalf of the copyright owner, of an exclusive right that is infringed”; and
6. A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf.
Moreover, if you believe your work was erroneously removed due to an incorrect claim of copyright ownership, you may provide us a written counter-notice. When we receive your counter-notice, we may, in our discretion, reinstate the material in question in no fewer than 10 and no more than 14 days after we receive the counter-notice, unless we first receive notice from the original complaining party who filed the infringement notice that it has filed a legal action to restrain the allegedly infringing activity. To provide a counter-notice to us, you may email us at [email protected]. Please note that if you provide a counter-notice, in accordance with the terms of the DMCA, the counter-notice will be given to the original complaining party that filed the infringement notice. To be effective, a counter-notice must contain substantially all of the following information:
1. Identification of the material that has been removed or to which access has been disabled in the Application or Site and the location at which the material appeared before it was removed or access to it was disabled;
2. Your name, address, telephone number, and, if available, email address;
3. Include both of the following statements in the body of the notice:
“I hereby state under penalty of perjury that I have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
“I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which Youtravel may be found, and I will accept service of process from the complaining party who notified Youtravel of the alleged infringement or an agent of such person.”
4. Provide your full legal name and your electronic or physical signature.Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Application and Site (“Submissions”), provided by you to Youtravel are non-confidential and will become the sole property of Youtravel. Youtravel will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
MISCELLANEOUS TERMS
The Platform is Available “AS-IS”
Your access to and use of the Platform is at your own risk. You understand and agree that the Platform is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, OUR AFFILIATES AND WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Platform or any content in the Platform. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Platform. Moreover, you agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or content and other communications maintained in the Platform. We make no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Service or our representatives, will create any warranty not expressly made in these Terms.
Links to Third-Party Websites
The Platform may contain links to websites owned or operated by third parties. Such links are provided for informational purposes only. We are not responsible for any such third-party websites and do not have control over any materials or content made available therein. Our inclusion of a link to a third-party website on the Platform does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available there. By accessing a third-party website, you accept that we do not exercise any control over such websites or their content. We have no responsibility for the content of any third-party website. We encourage you to familiarize yourself with the terms of service applicable to any third-party website you may access.
Privacy
Please review Youtravel’s Privacy Policy https://youtravel.me/en/help/privacy/. By using the Application or visiting the Site, you are consenting to the Privacy Policy and agree to have your personal data transferred to and processed in the United States.
Disclaimers of Warranties
None of Youtravel’s or any of its affiliates, subsidiaries, providers or their respective officers, directors, employees, agents, independent contractors or licensors (collectively, the “Youtravel Parties”) guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of any of the Application, Site, Youtravel Content or Common Content, and the Youtravel Parties disclaim liability for errors or omissions in the Application, Site, Youtravel Content or Common Content.
The Youtravel Parties are not responsible for the accuracy, copyright compliance, legality, or decency of Travel Expert’s Content that you accessed through the Application or Site. You release the Youtravel Parties from all liability relating to that content. Youtravel is not responsible for the conduct, whether online or offline, of any Travel Expert represented on the Application or Site.
This Application, Site, Youtravel Content, and Platformer Content are provided “as is” and “as available,” without any warranty, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or title. Additionally, there are no warranties as to the results of your use of the Application or Site. The Youtravel Parties do not warrant that the Application or Site are free of viruses or other harmful components. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to these Terms.
Any legal claim related to a Tour you purchase must be brought directly against the Travel Expert of the Tour. You release Youtravel from any claims related to Tours sold through the Platform, including misrepresentations by Travel Experts and/or Travelers, or Tours that caused physical injury (like product liability claims).
Limitation on Liability
Except in jurisdictions where such provisions are restricted, to the full extent permitted by applicable laws, in no event will youtravel or its directors, employees, or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the application or accessing site or any of the youtravel content or other materials on or accessed through the application or site, even if youtravel is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained in these terms, to the full extent permitted by applicable laws, youtravel’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to youtravel during your use of the application. In no case will youtravel’s liability to you exceed $1,000. You acknowledge that if no fees are paid to youtravel for use of the application, you will be limited to injunctive relief only, unless otherwise permitted by law, and will not be entitled to damages of any kind from youtravel, regardless of the cause of action.
The travel experts are independent contractors and not agents or employees of any of the youtravel. Youtravel is not liable for the acts, errors, omissions, representations, warranties, breaches, negligence, or misconduct of any such travel experts or for any personal injury, death, property damage, or other damages or expenses resulting therefrom or otherwise arising from any booking or tour. Youtravel has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes beyond their direct control, and it has no responsibility for any additional expense, omissions, delays, re-routing, or acts of any government or authority.
In no event shall youtravel (or any of its officers, directors, and affiliates) be liable for any direct, indirect, punitive, incidental, special, exemplary, or consequential damages (including without limitation loss of data or information or costs to procure substitute goods or services) arising out of, or in any way connected with, a tour or a booking, or your access to, display of or use of the services whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if youtravel has been advised of the possibility of such damages.
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.
Indemnity
You agree to indemnify and hold Youtravel, its subsidiaries, and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with Platformer Content that you post or share on or in connection with the use of the Platform, your use of the Platform, your conduct in connection with the Application, or any violation of these Terms or any law or the rights of any third party.
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.
a) In this Arbitration Section:
1. “You” and “your” mean the individual entering into these Terms, as well as any person claiming through such individual;
2. “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;
3. “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.
b) 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.
c) Claims will be arbitrated by a single, neutral arbitrator, who will be a retired judge or a lawyer with at least ten years’ experience.
d) 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.
e) 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.
f) 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.
g) 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).
h) 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.
i) 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.
Force Majeure
Youtravel will not be liable to you for any delay or failure in performance under these Terms due to causes beyond the reasonable control of Youtravel unable to perform, but only if those causes could not have been prevented by reasonable precautions and could not have been circumvented through the use of reasonable alternative sources, workaround plans, or other means. These causes include strikes, shortages, failure of suppliers, riots, insurrection, fires, floods, storms, earthquakes, acts of God, war, governmental action, labor conditions, and power outages.
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].
ANNEX A
Gift Voucher Terms of Use
Gift Vouchers can be redeemed only through the Platform and can be used towards any Listings that are active at the moment of redemption. Gift Vouchers can only be redeemed at the time of booking. General Terms and Conditions apply.
An unlimited number of Gift Vouchers can be used per transaction.
The Gift Voucher is valid for 2 years from the day of its purchase; however, it can be used for bookings only within 1 year from the date of purchase. If the Gift Voucher holder doesn’t use the Gift Voucher within the timeframe provided in this section, the Gift Voucher will become void and any sums on it will become non-refundable and not redeemable.
To redeem a Gift Voucher holder must register on the Platform and create a Youtravel Account. After creating a Youtravel account please contact Youtravel via Site, Youtravel social media accounts, or via email at [email protected].
Booking totals are deducted from the Gift Voucher balance. Any unused balance will be held as a credit in our system and able to be used in subsequent bookings.
When a booking has a higher value than the Gift Voucher, the full value of the Gift Voucher must be used and the outstanding balance paid by credit card.
If the full amount of your Gift Voucher is more than the booking total, we will hold the unused balance as a credit on file in our system to be used at a later date.
If you have any questions about these Terms, please contact Youtravel at [email protected].
