Terms & Conditions
Effective as of April 20, 2017
Please note: These Terms contain an arbitration clause that requires disputes to be arbitrated on an individual basis, and prohibits class action claims. It affects how disputes between you and us are resolved. By accepting these Terms, you agree to be bound by this arbitration provision. Please read it carefully.
You represent and warrant that you are of legal age to form a binding contract. If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).]
We recommend you save and/or print out a copy of these Terms for your future reference. They'd probably look great in a frame on your desk, right next to the photo of your family on vacation. Just sayin'.
If you create an account with us, you are responsible for maintaining the secrecy of your password, login and account information. You will be responsible for all use of the Services by you, anyone using your password and login information (with or without your permission). If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorised disclosure or use of your information or computer or mobile device used to access the Services), you must promptly change your personal information that is affected.
If you decide to receive messages or other communications from the Services directly to your mobile device or via our mobile app, you are solely responsible for updating to the latest version of the mobile app, and for any charges incurred to receive such messages. We will not be liable for information sent to a device using an outdated mobile app. If you install any software or enable any service that stores information from the Services on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.
You may only use the Services to search for legitimate accommodation needs and you may not use the Services to make any false, fraudulent or speculative inquiry or any inquiry in anticipation of demand. You agree not to use the Services for any purpose that is unlawful, illegal or forbidden by these Terms. By using the Services, you to agree to comply with laws that apply to the United States and your own country, including laws that apply to exporting technical data.
In addition, you agree not to do any of the following without prior express written permission of Tripping.com:
(i) access the Services with any manual or automated process for any purpose other than your personal use or for inclusion of Tripping.com pages in a search index;
(ii) use any automated system or software to extract data from the Services ("screen scraping"), for commercial or non-commercial purposes;
(iii) violate the restrictions in any robot exclusion headers on the Services or bypass or circumvent other measures employed to prevent or limit access to the Services;
(iv) deep-link to any portion of the Services for any purpose;
(vi) use any device, software or routine that interferes or attempts to interfere with the normal operation of the Services or take any action that imposes an unreasonable load on our computer or network equipment;
(vii) reproduce, duplicate, copy, sell, trade, resell or exploit the Services;
(viii) use any feature of the Services for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
(ix) post or distribute any material on the Services that violates the rights of any third party or applicable law;
(x) use the Services to collect or store personal data about others;
(xi) use the Services for any commercial purpose unless we've given you written permission; or
(xii) transmit any ad or promo materials on the Services.We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of the Services. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
What We Own
We, along with our accommodation partners and other licensors (our "Partners"), own the Services and all of the text, images, software, trademarks, service marks or other material contained on the Services. You will not copy or transmit any of the material, except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on the Services must appear on all copies you print. Tripping International, Inc., the Tripping.com logo, and Tripping.com are trademarks or registered trademarks of Tripping International, Inc. Other non-Tripping.com product, services or company designations on the Services belong to our Partners and may be mentioned in the Services for identification purposes only. You should contact the appropriate Partner for more complete information regarding such designations and their registration status. Your use of and access to the Services do not grant you any license or right to use any of the marks included on the Services.
What You Own
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Services any materials that violate another person's intellectual property rights. Please note that, as a metasearch engine, Tripping.com displays properties via direct feeds from our Partners. If your property is listed on one of our Partners' sites, it may also appear on the Services. If you would like your property to appear on the Services, please click here to list it with our Partners. If you upload any content, including without limitation, images, text, graphics, and/or illustrations ("Content") you grant us a non-exclusive, perpetual, worldwide, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exercise all rights in that Content in connection with the Services and our business generally.
THE SERVICES, ALL CONTENT AND SERVICES PROVIDED ON THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRIPPING.COM FOR ITSELF AND ITS PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NEITHER TRIPPING.COM, NOR ITS PARTNERS MAKES ANY WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SERVICES OR ANY OTHER WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR ANY SERVICES OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
Still with us? Limitation of liability
WE (TOGETHER WITH OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND PARTNERS) WILL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR USE OF OR ACCESS TO THE SERVICES, OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SERVICES (B) ANY INJURY, DEATH, LOSS, CLAIM, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), OR (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNT OF SERVICE FEES PAID BY YOU TO US FOR USE OF THE SERVICES (EXCLUDING ANY AMOUNTS PAID OR PAYABLE TO OUR PARTNERS) IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, IN EACH CASE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH: (I) ANY USE OF THE SERVICES, OR OUR CONTENT; (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE SERVICES FOR INQUIRIES); OR (III) THE PERFORMANCE OR NONPERFORMANCE BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. SOME STATES OR COUNTRIES DO NOT ALLOW THESE LIMITATIONS, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Subject to these Terms, you will defend, indemnify and hold us and our Partners, and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to the Services.
Tripping.com's display on or through the Services of accommodation product options or other products or services offered by third parties does not in any way imply, suggest, or constitute any sponsorship or approval of Tripping.com by any such Partner or any affiliation between any such Partner and Tripping.com. Tripping.com's display of specific options does not suggest a recommendation by Tripping.com of the Partner or their accommodation options. You agree that Tripping.com is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these Partners. Your interaction with any Partners accessed through the Services is at your own risk, and you acknowledge and agree that Tripping.com will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Partners or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Partners.
You agree to abide by the terms or conditions of purchase imposed by any Partner with whom you elect to deal.
But wait, there's more!
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. We shall give any notice by email sent to the most recent email address, if any, provided by you. You agree that any notice received from Tripping.com electronically satisfies any legal requirement that such notice be in writing. YOU ARE SOLELY RESPONSIBILE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH TRIPPING.COM IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY TRIPPING.COM OF AN EMAIL TO THAT ADDRESS. We may modify these Terms, at any time, by posting notice on the Services. Your continued use of the Services following the posting of notice of any modification will be subject to the Terms in effect at the time of your use and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Services in any way, your only recourse is to immediately terminate use of the Services. Further, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account. Other terms and conditions may apply to your reservations, bookings and purchases of accommodation services through the Services, the Partners' websites, and to your use of certain portions of the Services. You agree to observe these other terms and conditions. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of the Services and replace any prior understandings or agreements (whether oral or written) regarding your use of the Services.
Choice of Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the law of the State of California and the United States of America, without regard to their conflict-of-law provisions. You and Tripping.com agree to submit to the personal jurisdiction of a state court located in San Francisco County, San Francisco, California or a United States District court, Northern District of California located in San Francisco, California for any actions which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in this Dispute Resolution provision
Mandatory, Bilateral Arbitration and Waiver of Class Actions
Please read this carefully. It affects your rights. YOU AND TRIPPING.COM AGREE THAT ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF, OR RELATING TO YOUR USE OF THE SERVICES, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED BY OR THROUGH TRIPPING.COM, TO THIS AGREEMENT, AND/OR TO THE CONTENT ON TRIPPING.COM SHALL BE RESOLVED ONLY BY FINAL AND BINDING, BILATERAL ARBITRATION, except that (1) you may assert claims in small claims court if your claims qualify; and (2) this agreement to arbitrate does not include your or Tripping.com's right to seek injunctive or other equitable relief in state or federal court in San Francisco to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this agreement and govern all questions as to whether a dispute is subject to arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms.
"Disputes" shall include, but are not limited to, any claims or controversies between you and Tripping.com against each other related in any way to or arising out of in any way from the Services, and/or the Content, including but not limited to sales, returns, refunds, cancellations, defects, policies, privacy, advertising, or any communications between you and Tripping.com, even if the claim arises after you or Tripping.com has terminated your user account. Disputes also include, but are not limited to, claims that: (a) you bring against our employees, agents, affiliates, or other representatives; or (b) that Tripping.com brings against you. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between you and Tripping.com, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims, or any other legal theory; (ii) claims that arose before these Terms or out of a prior set of Terms with Tripping.com; (iii) claims that are subject to on-going litigation where you are not a party or a class member; and/or (iv) claims that arise after the termination of these Terms.undefined
Before initiating an arbitration, you and Tripping.com each agree to first provide the other a written notice ("Notice of Dispute"), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute should be sent to: 450 Mission Street, Suite 500, San Francisco, CA 94105 or emailed to firstname.lastname@example.org. We will provide a Notice of Dispute to you via the email address associated with your Tripping.com account. You and Tripping.com agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until forty-five (45) days of receipt of the Notice of Dispute. If an agreement cannot be reached before this forty-five (45) day post-notice resolution period expires, you or Tripping.com may commence an arbitration proceeding.
Arbitration Process and Procedure
Unless you and Tripping.com agree otherwise in writing, arbitration shall (1) be administered by the Judicial Arbitration and Mediation Services, Inc. ("JAMS"), pursuant to the JAMS Streamlined Arbitration Rules & Procedures then in effect (the "JAMS Rules") and as modified by this agreement to arbitrate, including the rules regarding filing, administration, discovery, and arbitrator fees; (2) be conducted by a single, neutral arbitrator; and (3) take place in the county where you reside. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the "Minimum Standards"), the Minimum Standards in that regard will apply.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class or representative action. Further, unless both you and Tripping.com expressly agree otherwise, the arbitrator may not consolidate more than one person's claims. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If, for any reason, a claim proceeds in court rather than in arbitration, we each waive our right to a jury trial.
YOU THEREFORE UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND TRIPPING.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/. Notwithstanding any JAMS Rules to the contrary or any other provision in the arbitration rules chosen, by agreement, to govern, you and Tripping.com each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
If your claim does not exceed $5,000, you and Tripping.com agree to waive an oral hearing by the arbitrator and the arbitration will be conducted solely on the basis of documents you and Tripping.com submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. To the extent an oral hearing is requested by you or Tripping.com, or deemed necessary by the arbitrator, you and Tripping.com agree that the hearing will be conducted telephonically or videographically.
An arbitrator's award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator's decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court of competent jurisdiction.
It is each parties' responsibility to pay any JAMS filing, case management/administrative, and arbitrator fees as set forth in the JAMS Rules. If your claim for damages does not exceed $5,000, Tripping.com will pay all such fees unless the arbitrator finds that either the substance of your Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)).
Small Claims & Government Actions
As an alternative to arbitration, you or Tripping.com may resolve Disputes in a small claims court that has jurisdiction over your claim. These Terms and this arbitration agreement do not prevent you from bringing your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against Tripping.com on your behalf.
Let us hear it
We encourage you to share your comments and questions with us at email@example.com, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Tripping.com programs. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. If you share any feedback, suggestions, improvements, enhancements, feature requests, and/or unsolicited business ideas (collectively "Feedback"), you grant us a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid up license to use and exploit the Feedback for any purpose.
Last updated: April 20, 2017