1. Your Acceptance of These Terms
Welcome to https://www.travaras.com, (collectively, including all software, content and functionality available through the domain name, the "Website" or "Travaras").
Our Terms of Service (these “Terms”) cover Travaras, ("Travaras," "We," "Us," or "Our") with respect to Your ("Your," "You," or "User") access and use of the domain, related service domains, and website (collectively, “Service “ or "Services.") By accessing or using the Services, You acknowledge that You have read these Terms, and agree to be bound by the terms and conditions described herein.
All Membership applications are subject to acceptance by Travaras at its sole discretion. Travaras shall notify you in the event your order is accepted. Travaras is under no duty to disclose its reasons for rejecting any bookings.
By using and/or visiting this Website, and clicking "I Accept" if that option is presented, You signify Your agreement to (1) these terms and conditions (the "Terms") and (2) Travaras’ privacy notice, found in our Privacy Policy and incorporated into these Terms by reference. If You do not agree to any of the terms and conditions of the Terms, including the Travaras privacy notice, please do not use the Website.
Although We may attempt to notify You when major changes are made to these Terms, You should periodically review the most up-to-date version at the Website. Travaras may, in its sole discretion, modify or revise these Terms and policies at any time, and You agree to be bound by such modifications or revisions by Your continued use of the Website, with respect to the Terms in effect at the time of Your use and after You have the opportunity to review and accept the revised Terms. Nothing in this Agreement will be deemed to confer any third-party rights or benefits.
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms. The Website is not intended for anyone under 18. If You are under 18 years of age, then please do not use the Website.
2. Website
The Website exists to facilitate on-demand curated concierge services to user and provide user with customized travel itineraries, if applicable. We provide personalized travel itineraries for exotic locations, including but not limited to: restaurant reservations, booking hotels, arranging for spa services, exploring with the locals, dining with the locals, reserving and recommending night life hot spots within your vicinity, booking transportation (like taxi, limousines, airplanes, boats, etc.) and other schedulable events available at the Website.
These Terms apply to all Users of the Website and all aspects of the Website, including but not limited to all the services offered via the Website.
The Website may contain links to third party websites that are not owned or controlled by Travaras. Travaras has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites that it enters referral agreements with. In addition, Travaras will not and cannot censor or edit the content of any third-party site. By using the Website, You expressly relieve Travaras from any and all liability arising from Your use of any third-party website linked on our Website.
By operating our Website, Travaras does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Travaras disclaims any responsibility for any harm resulting from the use by visitors of our Website, or from any downloading by those visitors of content there posted.
Supplemental terms may appear on the Website or otherwise apply to particular activities or transactions. Additionally, Your interactions with third parties may be governed by separate terms and privacy policies of those third parties. Accordingly, We encourage You to be aware when You leave the Website and to read the terms and conditions and privacy policy of each third-party website that You visit based on our referral.
Travaras reserves the right to change or discontinue, or restrict or block access to, any aspect of the Website at any time. Although We generally intend for the Website to be available 24/7, it will not be available during maintenance, changes and outages and may not be available for other reasons.
Travaras is not responsible for providing customer support, bug fixes, documentation, or any other support for the Website.
3. Your Email and Responsibilities
You must provide an email address to book at the Website. You will be required to sign up and create an account with Travaras in order to engage Our Services. You agree that information You provide when using the Website is true and accurate. You are solely responsible for the activity that occurs in the course of Your use of the Website. You must notify Travaras immediately of any breach of security or unauthorized use. You agree that We may attribute to You all use that occurs in connection with Your email address, and You will be legally bound by the transactions that occur under Your account even if the person using Your email address had no actual authority.
You agree that You will not use the Website to impersonate or book reservations on behalf of another individual. You may never use another's email address without permission.
You agree that You will use of the Website at Your own risk. Although Travaras will not be liable for Your losses caused by any unauthorized use, You may be liable for the losses caused to Travaras or others due to Your unauthorized use.
You agree not to use the Website for any commercial use, without the prior written authorization of Travaras. Prohibited commercial uses include any of the following actions taken without Travaras’ express approval:
Sale of services provided on the website on another website;
Use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
Sale of advertising, on the Website or any third-party website, targeted to Travaras’ content; and
Any use of the Website or its related services that Travaras finds, in its sole discretion, to use Travaras’ resources with the effect of competing with or displacing the market for Travaras’ Services.
You agree not to use or launch any automated system, such as "robots," "spiders," or "offline readers," that access the Website in a manner that sends numerous request messages to the Travaras’ servers in a given period of time. Notwithstanding the foregoing, Travaras grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Travaras reserves the right to revoke these exceptions either generally or in specific cases based on its discretion.
4. Supply of Services
Travaras shall supply the Services in accordance with the User's particular Requests, provided that Travaras shall not be required to provide or facilitate the supply of goods and/or services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
Travaras shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Requests and reasonable instructions from time to time.
Travaras shall use its reasonable endeavors to meet any performance dates specified.
Travaras shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Travaras shall notify the User in any such event.
Services will be provided in English (and in other languages depending on the location of the Quintessentially office during normal business hours).
Outside normal business hours (or as may otherwise be required from time to time), Member queries and/or Requests may be routed to Travaras office for assistance. At such times, services will be provided in the English language.
Telephone calls to Travaras may be monitored or recorded for training and quality control purposes.
You acknowledge that Travaras reserves the right to accept commissions upon the performance of services by any Supplier.
5. Services
By requesting the booking service You authorize Travaras to debit Your Payment Card for any deposit paid by us on Your behalf to the operator which is forfeited in the event of Your cancellation of the booking 24 hours prior to the scheduled reservation.
By using the booking service, You agree that in an event of cancellation within 24 hours of the scheduled reservation, you will not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit.
Travaras reserves the right to deny booking requests from Users who repeatedly fail to honor their bookings or continuously violate cancellation policies.
Admission of Members to any club premises is at all times at the sole discretion of the club Supplier and Travaras will not be liable where a User is denied admission to a club.
Tickets:
Please note that by instructing Travaras to obtain the “best tickets” on your behalf you are agreeing to purchase tickets above face value and the total cost may include a service charge to Travaras in respect of our provision of services by utilizing our agents to obtain the seats for you.
Travaras is not the seller of the tickets and is not responsible for fulfilment of your order.
All such tickets and ticket agent partners (who shall be the seller in respect of the transaction) may have their own terms and conditions that will be binding upon that transaction. Such terms and conditions are likely to include terms which state that sales of tickets are final and no refunds shall be issued after the purchase has been made. Travaras will not be able to provide you with any refund or obtain any such refund on your behalf.
Travaras may be able to obtain a refund of the face value of the tickets in the event of a cancellation directly by the artist, promoter, or airline.
Travaras or its ticket agent partner will dispatch tickets purchased for the User through delivery agents at standard rates. Please note that Travaras shall not be liable for any failure of third-party agents in delivering the tickets.
6. Payment
Travaras utilizes a third-party service, to process all payments in connection with reservations. You acknowledge and agree by submitting or receiving a payment You agree to the Service’s Terms and Policies found here. Travaras does not guarantee the security of your payment and does not maintain liability for your transactions through Service.
While Travaras takes what We believe to be reasonable efforts to ensure secure transmission of Your information to third parties who assess and process payments, Travaras is not responsible for any fees or charges assessed by third parties or any errors in the processing of payments by third parties, including any errors that result from third-party negligence, improper transmission of payment information, Your mistaken submission of payment information, or Your submission of erroneous payment information.
Where applicable, promotion codes or gift cards from third-party referral companies We team with may be utilized, in either hard copy or electronic form, in connection with reservations. You are required to present the promotion code at the time of booking and gift card at the time of Services in order to utilize same. Travaras cannot guarantee the acceptance or continuation of any promotion code or gift card.
7. Cancellations
All trip packages are designed for groups up to 6 people. Parties larger than 6 can be supported, but recommendations may be limited without proper notice or a credit card on file. One phone number will be the primary contact number for each Travaras booking. All requests should be sent from this number.
Trip package cancellations can be requested up to 7 days in advance of your trip start date.
Refunds will only be granted if you have not yet used Travaras for requests or reservations before your trip.
8. Communications
When You book a reservation at the Website, You agree that Travaras may contact You via e-mail, phone, text, or other means to confirm details of the reservation, notify You of cancellations, reschedule Your reservations, for quarterly news, or communicate other information relevant your use of the Services.
When You book a reservation at the Website, You are entering into a business relationship with Travaras and/or the scheduled Referral. You agree that as a result of this business relationship, the Referral can contact You via e-mail, phone, text, or other means to confirm details of the reservation, notify You of cancellations, reschedule Your reservation, or communicate other information relevant to the business relationship.
As a courtesy to You, the Website may send e-mail communication relevant to Your reservation (new reservation notices, reservation reminders, cancellation notices, etc.). You agree that these e-mail communications do not constitute unsolicited e-mail (sometimes referred to as ‘SPAM’) and as such are not subject to the terms of the Website’s unsubscribe policy. You also agree that You may not receive these messages in a timely manner (if at all) due to server error, ISP error, Internet traffic, e-mail filters, or any other circumstances. Failure to receive or read a courtesy reservation message will in no way absolve You from fulfilling Your reservation responsibilities to the Referral (attending the reservation or canceling the reservation according to the service provider’s cancellation policy).
The Referral with whom You schedule reservations through the Website may send You business-related e-mail messages that are not directly related to reservations. Using the unsubscribe link available in these e-mails, You will have the option of unsubscribing from such communications without impacting Your receipt of reservation-related messages. You must unsubscribe separately to each service provider because each service provider maintains a separate unsubscribe list. You acknowledge that Travaras is not responsible for the content or transmission of any e-mails or other messages sent by service providers who make reservations available through the Website, including any failure by such third parties to include an unsubscribe link in their e-mails.
The Website allows You to enter content in review of Your experience with the Services and the Referral. You agree not to post any content that could be considered abusive, harassing, threatening, offensive, defamatory, obscene, unlawful or otherwise objectionable. This list is an example and is not intended to be complete or exclusive. Travaras has an obligation to monitor access or use of the Service or to review or edit any information or content posted. However, Travaras has the right to do so for the purpose of operating the Service, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
9. Content and Marks
The content on the Website ("Content") and the common law trademarks, service marks and logos included on the Website ("Marks"), are owned by or licensed by Travaras, subject to copyright and other intellectual property rights. Content on the Website is provided to You “AS IS” for Your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Travaras reserves all rights not expressly granted in and to the Website and the Content.
10. Copyright Infringement and DMCA Policy
11. Notice and counter-notice for infringement of the rights of others
12. Termination Policy
Travaras may terminate Your access to its Website and/or deny future access, if Travaras determines that You have breached these Terms (with all other rights of both parties and all other provisions of these Terms surviving any such termination). Travaras may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your myTravaras.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Warranty Disclaimers
YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, TRAVARAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES IN CONNECTION WITH THE WEBSITE AND YOUR USE OF IT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY.
TRAVARAS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
TRAVARAS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A REFERRAL OR OTHER THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
TRAVARAS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THE REFERRAL OR ANY OTHER THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IN PARTICULAR, TRAVARAS MAKES NO GUARANTEE REGARDING THE AVAILABILITY OF ANY SERVICES PROVIDED BY THE REFERRAL AND OTHER THIRD PARTIES WHO YOU INTERACT WITH THROUGH THE WEBSITE AND SERVICE.
IN ADDITION, TRAVARAS HAS NO CONTROL OVER CANCELLATION FEES OR OTHER CHARGES ASSESSED BY REFERRAL WHO MAKE RESERVATIONS AVAILABLE THROUGH MYTRAVARAS.COM. ANY DISPUTE YOU MAY HAVE REGARDING THE QUALITY, PERFORMANCE, AVAILABILITY, OR CHARGES ASSOCIATED WITH SERVICES PROVIDED BY THE REFERRAL OR OTHER THIRD PARTIES SHOULD BE ADDRESSED TO THOSE PARTIES, NOT TRAVARAS.
TRAVARAS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. Limitation of Liability
IN NO EVENT WILL TRAVARAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRAVARAS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT DIRECT DAMAGES ARE LIMITED TO YOUR ACTUAL DAMAGES, OR THE TOTAL AMOUNT OF THE SERVICES BOOKED, WHICHEVER IS LESS. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT TRAVARAS WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Travaras from its facilities in the United States of America. Travaras makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. You acknowledge that information You submit may be transmitted to third party service providers who may process information in other jurisdictions and further acknowledge that such information may be transmitted to other jurisdictions with data protection laws that are different from those where You live.
Photos and illustrations on our Service are provided as a guide to show you the level and type of accommodation only.
To the maximum extent permitted by law, except as expressly set out in these Terms:
The display of Travel Services through our Service is not an endorsement or recommendation of such Travel Services by our Group of Companies or our Partners. Our Group of Companies and our Partners disclaim, to the maximum extent permitted by law, all warranties and conditions that our Service, its servers or any email sent from us or our Partners are free of viruses or other harmful components.
To the maximum extent permitted by law and subject to the limitations in these Terms, neither our Group of Companies nor our Partners will be liable for any direct, indirect, punitive, special, incidental or consequential losses or damages arising from:
whether based in negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if our Partners have been advised of the possibility of such damages.
If our Partners are found liable for any loss or damage under these Terms, then, to the maximum extent permitted by law, we shall only be liable to you for direct damages that were:
and in the event of any liability of our Partners, such liability will in no event exceed, in total, the greater of (a) the cost paid by you for the Travel Services in question or (b) one-hundred dollars (US$100.00) or the equivalent in local currency.
This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose. The limitations of liability provided in these Terms inure to the benefit of our Group of Companies and our Partners.
Every instance of force majeure, including the interruption of means of communication or a strike (by airlines, properties or air traffic controllers, as applicable), will lead to the suspension of the obligations in these Terms that are affected by the force majeure event. In such a case the party affected by the force majeure event will not be liable as a result of the inability to meet such obligations.
15. Indemnity
You agree to defend, indemnify and hold harmless Travaras, and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms; or (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and Your use of the Website.
16. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned in whole or part by Travaras without restriction.
17. Arbitration
For any dispute You have with Travaras, You agree to first contact Travaras and attempt to resolve the dispute with Us informally. In the unlikely event that Travaras has not been able to resolve a dispute within thirty (30) days, You agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), by binding arbitration in the State of California. Unless You and Travaras decide otherwise in writing, arbitration will be conducted in California. If Your claim is for $10,000 USD or less, Travaras agrees that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS TRAVARAS AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TRAVARAS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Arbitration rules
This Arbitration Agreement is a “written agreement to arbitrate” evidencing a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the AAA’s Consumer Arbitration Rules or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. The arbitrator shall apply the law of the state of California, regardless of conflict of laws principles, except that the FAA governs all provisions relating to arbitration. Foreign laws do not apply. This Arbitration Agreement can only be amended by mutual agreement in writing.
Mandatory pre-arbitration dispute resolution and notification
Prior to initiating arbitration, you agree to give us the opportunity to resolve any Claims by notifying us of the Claim in writing and attempting in good faith to negotiate an informal resolution.
You must send, by certified mail, a written and signed Notice of Dispute (“Notice”) addressed to: Travaras, Inc. 1401 21st St., Suite R, Sacramento California 95811 and email a copy to info@gmail.com.
The Notice must contain the following information: (1) your name, (2) your address, (3) the email address you used to make your reservation, (4) a brief description of the nature of your complaint, (5) the resolution that you are seeking, and (6) your signature.
If we are not able to resolve your complaint within 60 days of you providing Notice, you may commence an arbitration proceeding. Engaging in this pre-arbitration dispute resolution and notification process is a requirement that must be fulfilled before commencing arbitration. AAA does not have authority to administer or adjudicate the Claim unless and until all Pre-Arbitration Dispute Resolution and Notification requirements have been met. The statute of limitations shall be tolled while the parties engage in the dispute resolution process required by this Section.
Commencing arbitration
To initiate arbitration, you must file the Demand with the AAA as specified in the AAA Rules. The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879.
A party initiating an arbitration against us must send the written Demand for Arbitration to Travaras, Inc. 1401 21st St., Suite R, Sacramento California 95811 and email a copy to travelwithtravaras@gmail.com concurrent with filing the Demand with AAA.
Arbitration shall be conducted by a single arbitrator selected in accordance with the AAA Rules or by mutual agreement between you and us. The Arbitration shall be held either: (i) at a location determined by AAA pursuant to the AAA Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) via videoconference; or (iv) at your election, if the only claims in the arbitration are asserted by you and are for less than $40,000 in aggregate, by telephone or by written submission.
Attorneys’ fees and costs
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules, and where appropriate, limited by the AAA Consumer Rules. In order to initiate arbitration, each party will be responsible for paying the filing fees required by the AAA, which are approximately equivalent to current court filing fees. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, or you would otherwise be eligible for a fee waiver in court, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the costs of litigation, regardless of the outcome of the arbitration, unless the arbitrator determines that your claim(s) were frivolous or asserted in bad faith. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
There is no judge or jury in arbitration, and court review of an arbitration award is limited under the FAA. The arbitrator’s decision will include the essential findings and conclusions on which the arbitrator bases the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Severability and survival
If any portion of this Disputes and Arbitration Provision is found to be unenforceable or unlawful for any reason, (1) such portion will be severed and the remainder of the Provision will be given full force and effect; and (2) to the extent that any Claims must therefore proceed on a class, collective, consolidated, or representative basis, such Claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual Claims in arbitration.
18. Governing Law
These Terms are governed by the laws of the State of California, without regard to any conflict of laws, rules, or principles.
19. General
You agree that: (i) the Website will be deemed solely based in the state of California, subject to modification by Travaras; and (ii) the Website will be deemed a passive website that does not give rise to personal jurisdiction over Travaras, either specific or general, in jurisdictions other than California. These Terms will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between You and Travaras that arises in whole or in part from the Website will be decided exclusively by a court of competent jurisdiction located in or otherwise serving Alameda County, California.
These Terms, together with the Privacy Notice here and any other legal notices published by Travaras on the Website, constitute the entire agreement between You and Travaras concerning the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Travaras’ failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
YOU AND TRAVARAS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree that no part of these Terms shall cease to be in effect if any other part is deemed unenforceable, or otherwise non-applicable.
20. Currency Conversion
Any currency conversion rates displayed on our Service are based on public sources and current exchange rates, which may vary between the time a booking is made and the time of travel. Such rates are provided for information purposes only and, while we seek to provide information that is correct, our Group of Companies does not guarantee the accuracy of such conversion rates because they are not within our control.
21. Alternative Payment Methods
We may partner with providers of alternative payment methods (such as consumer finance companies), to provide our travelers with alternative payment methods. Our Group of Companies does not endorse or recommend any alternative payment provider or their products or services. Our Group of Companies is not responsible for the content or the acts or omissions of any alternative payment provider. Your use of any such provider’s payment method is at your own risk and will be governed by such provider’s terms and policies.
22. Fraud
If a booking or account shows signs of fraud, abuse, association with a government-sanctioned person or entity, or other suspicious activity, we may request extra information from you.
If we reasonably conclude that a booking or account is associated with fraud or suspicious activity, we may:
Please contact us at info@gmail.com about the cancellation of a booking or closing of an account.
23. Cancelling or changing a booking
Cancellation or change by you:
Cancellations or changes (with respect to the travel date, destination, place where the trip starts, property or means of transport) to a booking can be made by contacting us. You do not have an automatic right to cancel or change a booking unless allowed by the relevant Travel Provider under their Rules and Restrictions (which are provided to you before you make a booking). Travel Providers may charge you fees for cancelling (in full or part) or changing a booking. Such fees will be set out in the Rules and Restrictions. You agree to pay any charges that you incur. Please be aware that for changes, the price of your new arrangements will be based on the applicable price at the time you ask us to make the change. This price may not be the same as when you originally booked the Travel Services. Prices tend to increase the closer to the departure date that the change is made.
Please read the relevant Rules and Restrictions, so you know which terms apply to your booking. For example:
If you want to cancel or change any part of a booking and such cancellation or change is allowed by the relevant Travel Provider, then, in addition to any charges imposed by the Travel Provider, we may also charge you an administration fee. If such an administration fee applies, it will be notified to you before you agree to proceed with the change/cancellation.
Other cancellation or change:
We (and the relevant Travel Provider) may cancel your booking if full payment for the booking, or any applicable cancellation/change charge or fee relating to a booking is not received when due. For a variety of reasons (such as a property is overbooked due to connectivity issues or a property is closed due to a hurricane, etc.), it is possible that a booking may be cancelled or changed by the Travel Provider or us. If this happens, we will make reasonable efforts to notify you as soon as possible, and offer alternative options/assistance where possible or a refund.
24. Refund
Any refunds will be transferred back to you to the payment method you used to make the original booking. Such refunds will be made by the party that took your original payment. We do not have visibility of a Travel Provider’s refund process. Our fees are not refundable unless this is stated otherwise during the booking process.
25. Travel Service specific terms
This Section provides details of the terms relevant to the specific Travel Services provided by the Travel Provider. These details are not exhaustive and do not replace the relevant Rules and Restrictions, which are provided to you before you make a booking.
Each Travel Service may be offered separately or as part of a Package and is subject to the relevant Rules and Restrictions of the Travel Provider. Please also read this Section which will also apply to your booking as applicable. If there is any inconsistency between this Section and the relevant Rules and Restrictions, the relevant Rules and Restrictions prevail.
26. Things to do
Some Travel Providers offering Things to do may require you to sign their liability waiver prior to participating in the Travel Service they offer.
Things to do Travel Services are not usually transferable nor eligible for refunds or changes unless the Travel Provider cancels such Travel Services.
27. Packages
We provide the opportunity for you to book separate Travel Services together at the same time through our Service but each Travel Service is subject to its own Rules and Restrictions and these Terms (such a combined booking is a “Package”).
28. International Travel
Although most travel occurs without incident, travel to certain destinations may involve more risk than others. You must review any travel warnings/advice, etc. issued by the relevant governments before you book international travel. You should also monitor such travel warnings/advice during travel and before your return journey to help avoid and minimise any potential disruptions.
Health
You should check the recommended inoculations/vaccinations which may change at any time. You should consult your doctor before you depart. You are responsible for ensuring you:
Passport and visa
You must consult the relevant Embassy or Consulate for passport and visa information. Requirements may change so check for up-to-date information before booking and departure and allow sufficient time for all relevant applications.
Travaras or its travel providers are not liable if you are refused entry onto a flight or cruise ship (if applicable) or into any country, due to your conduct, including your failure to carry the correct and adequate travel documents required by any Travel Provider, authority or country (including countries you are transiting through). This includes all stops made by an aircraft or cruise ship (if applicable), even if you do not leave the aircraft or airport or cruise ship.
Some governments require airlines to provide personal information about all travelers on their aircraft. The data will be collected either at the airport when you check in or in some circumstances when you make your booking. Please contact the relevant airline you are travelling with if you have any questions about this. Travaras does not represent or warrant that travel to international destinations is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations.
29. Additional Notices
WE WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY US TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED AS APPROPRIATE BY OUR PERSONNEL OR POLICIES.
EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY US, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO OUR COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OF SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
Notice About Our Trademarks: Travaras is a common law trademark of Travaras International LLC. You may not use any of the trademarks displayed on this Website or any Content without the express written permission of Travaras. All rights are reserved.
Effective Date: October 25, 2023
