Terms of Service
Last updated: December 19, 2016
Welcome to Tripaly.com. Tripaly, LLC (“Tripaly“) is an online travel agency providing travel booking services for subscribers and non-subscribers. Subscribers pay a monthly subscription fee in exchange for the ability to book selected trips (transportation and hotel) at no additional cost through our App. For non-subscribers, we provide limited booking agent services.
Tripaly provides website features and other products and services to you when you visit Tripaly.com (or, Tripa.ly or any other website owned and/or operated by Tripaly (collectively referred to as “Tripaly.com”)), use Tripaly products or services, use Tripaly applications for mobile, use software provided by Tripaly in connection with any of the foregoing or otherwise book travel via Tripaly (collectively, “Tripaly Services” or “Service”). Tripaly provides the Tripaly Services subject to the following terms and conditions of service (“Terms”).
We, at Tripaly, look forward to the opportunity to act as your booking agent for your travel needs. Tripaly is simply an intermediary between airlines, hotels, and other suppliers (“Suppliers”) and our users. Tripaly does not own or provide transportation, lodging or other goods and services that are booked through us.
Please read these Terms carefully. These Terms govern and apply to your access and use of Tripaly Services. By accessing or using our Service, you agree to be bound all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, do not use our Service.
- Your Account
- Use of Service and License
- The Tripaly Subscription
- Booking Trips
- Suppliers and Travel Rules
- General Travel Agency Services
- Payment Methods and Terms
- Other Terms and Conditions
- Late or Declined Payments
- Questions & Contact Information
Creating a Tripaly Account
In order to access and use Tripaly, you will need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself and will establish a username and a password. You agree to provide accurate, current and complete information about your Account.
When creating an Account, do not:
- provide any contact or identifying information other than that on your government-issued identification;
- provide false personal information to us or create any account for anyone other than yourself without such other person’s permission;
- use a username that is the name of another person with the intent to impersonate that person;
- use a username that is subject to rights of another person without appropriate authorization; or,
- use a username that is offensive, vulgar or obscene or otherwise in bad taste.
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms.
You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password. You must be at least 21 years of age to use Tripaly Services. Tripaly reserves the right to refuse service, terminate accounts, remove or edit content, or cancel trips or other bookings in its sole discretion.
Use of the Service and License
Use of the Service
Tripaly allows you to book travel, accommodations and ancillary services, through our mobile and web-based apps and our site (each an “App”). For so long as you comply with these Terms, you have the right to access our site(s), download and install a copy of the App to your mobile device, and to access and use Tripaly Services for your own personal use.
You may not:
- copy, modify or distribute the App for any purpose;
- transfer, sublicense, lease, lend, rent or otherwise distribute the App or the Service to any third party;
- decompile, reverse-engineer, disassemble, or create derivative works of the App or the Service;
- make the functionality of the App or the Service available to multiple users through any means; and/or,
- use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
As a condition of your use of the Services, you represent and warrant that:
- you are a citizen of the United State
- you are a resident of the State of Texas;
- you are at least twenty-one (21) years of age;
- you possess the legal authority to create a binding legal obligation;
- you will use the Services in accordance with these Terms;
- you will only use the Services to make legitimate reservations for you or for another person for whom you are legally authorized to act, and you will inform such other persons, if applicable, about the Terms that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
- all information supplied by you to the Services is true, accurate, current and complete; and
- if you have Tripaly account and/or subscription, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access to anyone to the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms. Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. Our Service may, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service.
The following terms apply to any App accessed on or through the Site or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App is or may be made available (each an “App Provider”). You acknowledge and agree that:
- these Terms are concluded between you and Tripaly, and not with the App Provider, and that Tripaly (not the App Provider), is solely responsible for the App;
- the App Provider has no obligation to furnish any maintenance and support services with respect to the App;
- in the event of any failure of the App to conform to any applicable warranty, the App Provider will have no obligation whatsoever with respect to the App.
- the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
- in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Tripaly will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms;
- the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof; and,
- you must also comply with all applicable third party terms of service when using the App.
License and Access
Subject to your compliance with these Terms and your payment of any applicable fees, Tripaly grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the App. This license does not include any resale or commercial use of any App, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any App or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms or any Service Terms are reserved and retained by Tripaly or its licensors, suppliers, publishers, rightsholders, or other content providers. No Tripaly Service, nor any part of any Tripaly Service or the App, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Tripaly. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tripaly without express written consent. You may not use any meta tags or any other “hidden text” utilizing Tripaly’s name or trademarks without the express written consent of Tripaly. You may not misuse the Tripaly Services. You may use the Tripaly Services only as permitted by law. The licenses granted by Tripaly terminate if you do not comply with these Terms.
The Tripaly Subscription
Subscribers pay a monthly subscription fee in exchange for the ability to book trips (transportation and accommodations) through our service. The trips are sold by Tripaly’s Suppliers and booked on your behalf by Tripaly.
Subscriptions are divided by (i) trip quality (platinum, gold and silver), (ii) individual or couple packages, and (iii) number of trips per year (2, 3 or 4).
The three levels of trip quality are the following:
Platinum: Access to the best trips we offer;
- Access to all cruises and international trips we offer; and,
- Access to all Gold and Silver trips
Gold: Access to most trips we offer;
- Minimal access to cruises and international trips and,
- Access to Silver trips
Silver: Access to some of the trips we offer.
The subscriptions are available individually or to couples. An individual subscription includes trips with a single transportation ticket and accommodations for one person. A couple’s subscription includes two transportation tickets and accommodations for two people. For a couple’s package, the subscribers pick whether they want a single king-sized bed or two beds in their subscription preferences.
The subscriptions are available based upon the number of trips per year divided into two, three or four trips per year. The year time-period is based upon the subscription start date and extends for twelve months from the subscription start date.
Monthly Subscription Costs
Subscription costs are set at the time you enter into your subscription with Tripaly. Subscription costs are valid for one year, unless the subscription is terminated earlier by the subscriber or Tripaly.
Current monthly subscription costs for our early-adopter/beta-test subscribers are as follows:
Package Level # of Trips: 2 3 4
Silver Single Package
- $89 – 2 Trips
- $139 – 3 Trips
- $169 – 4 Trips
Silver Couples Package
- $169 – 2 Trips
- $259 – 3 Trips
- $309 – 4 Trips
Gold Single Package
- $169 – 2 Trips
- $219 – 3 Trips
- $269 – 4 Trips
Gold Couples Package
- $305 – 2 Trips
- $399 – 3 Trips
- $489 – 4 Trips
Platinum Single Package
- $199 – 2 Trips
- $259 – 3 Trips
- $369 – 4 Trips
Platinum Couples Package
- $359 – 2 Trips
- $469 – 3 Trips
- $669 – 4 Trips
Your Tripaly subscription starts on the date that you sign up for a subscription and submit and clear payment via a valid Payment Method. The subscription cycle is one year, and will automatically renew each year unless you terminate it earlier. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use Tripaly. We automatically will bill the monthly subscription fee to your Payment Method each month until your Tripaly subscription is cancelled or terminated.
You may cancel your subscription at any time upon notice to Tripaly subject to the following terms. If you have a trip booked, then you must wait until after the trip for your cancellation to take effect.
If you cancel your subscription before booking your first trip, all of your subscription fees paid during the period prior to your cancellation are refundable, minus a processing fee of two and one-half percent (2.5%). Your subscription fees minus the processing fee will be refunded to you within sixty (60) days.
If you cancel your subscription after taking a trip, then you may either be entitled to a refund or may be liable for an early termination fee depending upon (i) how many trips you have taken, (ii) the number of subscription months allocable to each trip, and (iii) how many months you have paid of your subscription. If you take a trip, you are obligated to pay your subscription fees for the number of months allocable to your trip. The number of months allocable to your trip equals twelve divided by the number of trips you are subscribed to each year. If you have paid for more months than the number of months allocable to your trip, then you will be entitled to a partial refund equal to the excess months’ subscription fees, minus a processing fee of two and one-half percent (2.5%). If you have paid for less months than the number of months allocable to your trip, then you will have to pay an early termination fee equal to the subscription fees due for the remaining months for the allocable months for that trip. If an early termination fee is due, the early termination fee will be charged on a monthly basis in the amount of your subscription fees until the full amount due is paid.
If you have subscribed for four trips in a year, then there are three months allocable to each trip. If you take a trip in Month One and want to cancel at the beginning of Month Two, you would be responsible for paying an early termination fee equal to the subscription price for Months Two and Three and you would be billed in Month Two and Three respectively for such amounts. On the other hand, if you take a trip in Month Two and want to cancel at the end of Month Four, then you would be entitled to a refund for the subscription fees for Month Four, minus the processing fee.
If you have subscribed for three months in a year, then there are four months allocable to each trip. If you take a trip in Month One and want to cancel at the beginning of Month Two, you would be responsible for paying an early termination fee equal to the subscription price for Months Two, Three and Four and you would be billed in Month Two, Three respectively for such amounts. On the other hand, if you take a trip in Month Two and want to cancel at the end of Month Six, then you would be entitled to a refund for the subscription fees for Months Five and Six, minus the processing fee.
If you have a subscription for two trips per year, then there are six months allocable to each trip. If you take a trip in Month One and want to cancel at the beginning of Month Two, you would be responsible for paying an early termination fee equal to the subscription price for Months Two, Three, Four, Five and Six and you would be billed in Month Two, Three, Fourt, Five and Six, respectively for such amounts. On the other hand, if you take a trip in Month Two and want to cancel at the end of Month Seven, then you would be entitled to a refund for the subscription fees for Months Seven, minus the processing fee.
If you have any questions about the cancellation policy, please contact us at email@example.com. By accepting these Terms, you represent and warrant that you have read and understand the terms of this cancellation policy completely.
Subscription Termination or Suspension by Tripaly
You agree that Tripaly, in its sole discretion and for any or no reason or cause, may terminate any account and/or subscription (or any part thereof) you may have with Tripaly or terminate your use of the Site and remove and discard all or any part of your account at any time. Tripaly may also in its sole discretion and at any time discontinue providing access to the Site or Service, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Tripaly will not be liable to you or any third party for any such termination.
If Tripaly terminates or suspends your subscription without good cause, then Tripaly shall provide you with a refund in accordance with the subscription cancellation terms outlined above. If Tripaly terminates or suspends your subscription with good cause, then Tripaly will not be liable to you or any third party for any damages or refunds whatsoever. Good cause means any violation of these terms or other reasonable cause, as determined in Tripaly’s sole discretion, to justify the termination of your account.
If you continue to re-create new accounts after Tripaly has terminated or suspended your accounts, you agree that Tripaly will not refund your subscription payments.
Tripaly does not permit creation of multiple accounts, and does not permit transferring or selling trips to others. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Tripaly may have at law or in equity.
Subscribers cannot transfer or gift spots to third parties, including other Tripaly members. Tripaly makes no guarantee on the availability of particular trips.
As a part of its efforts to maintain a civilized subscription base, Tripaly, in its sole discretion can suspend, block, cancel your account and refuse to provide service, if it deems your behavior vulgar or abusive. This includes language and behavior offline and online, towards our Suppliers other Tripaly members, or our employees and/or support agents in person, via email, social media, phone or SMS communication.
Tripaly offers trips to subscribers via its App, website, and/or e-mail. Subscribers wishing to book a trip do so as indicated through the medium of offering: (i) through the App or Website by clicking “Book,” or (ii) through e-mail, by following the booking process as described in the e-mail. When you click “book,” you are authorizing Tripaly to apply one of your subscription trip credits and book the selected trip for you on your behalf.
Trips may include (i) travel (airfair, for example) and accomodations, or (ii) a cruise package The trip packages include airport fees, hotel taxes, and similar booking charges; however, they exclude ancillary charges such as checked bag fees, room deposits, or similar non-booking charges.
Tripaly makes no representations and warranties regarding the Trips.
Subscribers are responsible for reviewing all available information and doing any necessary direct research regarding a trip.
There are a limited number of available spots for each offered trip. Trips are claimed on a first come, first serve basis. Spots for popular trips may fill up quickly. Tripaly makes no representations or warranties regarding the availability of any particular trip.
At Tripaly’s sole discretion, you may have the opportunity to cancel a trip booked by notifying us within sixty (60) minutes of booking.
No Changes to Your Booking
In general, you cannot cancel or request any changes to your booking after you click “book.” Where a change requested by you to your travel arrangements is permitted and possible, in our sole discretion and in accordance with any terms provided by the Supplier, we may assess service fees in an amount to be determined, in our sole discretion, in addition to any additional Supplier charges.
Changes to name details are not allowed by many airlines and other Suppliers. While we will endeavour make such a change if necessary, please bear in mind that most airlines and Suppliers treat a name change as a cancellation, to which standard conditions and charges would apply.
Flights must be taken in the sequence they appear on your ticket or eticket confirmation. If you plan not to take a flight as booked, please contact the airline as far in advance as possible to discuss your options. If you do not check in on time for a confirmed reservation, the airline may register you as a ‘no-show,’ which could result in your whole flight itinerary being cancelled and/or render your ticket void.
If you do not receive a confirmation (in the form of a booking confirmation email) within twenty-four (24) hours of booking your trip, it is your responsibility to confirm with Tripaly Customer Service whether or not your trip has been booked. Tripaly will not be responsible for losses (monetary or otherwise) if you assume that a trip was booked because you failed to receive confirmation. Please contact firstname.lastname@example.org if you encounter an issue.
Occasionally, trips are canceled or postponed by the Suppliers for reasons beyond our control. Should this occur, we will attempt to contact you to inform you of the change. Your trip credit will be released and you will be able to book other shows if the trip is cancelled and refunded by the Supplier.
Suppliers and Travel Rules
Products and Suppliers
We sell a variety of travel related products from different suppliers and service providers (“Suppliers”). Each Supplier has its own terms and condition that are applicable to your particular arrangements in addition to our general terms and conditions, and you should make sure you understand them.
Tripaly is acting as an intermediary or a “Booking Agent” for products and services that are not directly supplied by us (e.g., airfare, ground transportation, hotel accommodations, meals, tours, cruises, etc.). We are not a co-vendor of such products and services. You will be entering into a separate contract with such Suppliers in connection with such products and services.
Supplier Rules and Restrictions
Additional terms and conditions will apply to your reservation of travel and related goods and services that you select, including, specifically, the terms and conditions of the transportation, lodging and service providers that are actually providing the travel and related services (“Suppliers”). Please read these additional terms and conditions carefully. In particular, when airfare is booked on your behalf by Tripaly, please ensure you read the full terms and conditions of carriage issued by the Supplier, which can be found on the Supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any Supplier with whom you elect to deal, including, but not limited to, payment of all amounts that may be due (for example, for baggage fees) and compliance with the Supplier’s rules and restrictions regarding availability and use of fares, products, or services.
Airfare is only guaranteed once the booking has been completed on your behalf and the tickets have been issued. Airlines and other travel suppliers may change flight details without notice. We reserve the right to cancel your booking under any circumstances prior to the issuance of your ticket(s). The use of prohibited ticketing practices may result in the air carrier taking actions including the cancellation of the ticket, denied boarding, revocation of frequent flier miles and other benefits, additional charges collected at the airport, or future invoicing.
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years’ imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities (up to 70 ounces total) of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person.
You acknowledge that some third-party providers offering certain lodging, services and/or activities may have additional terms and services that apply to you and/or may require you to sign a liability waiver or other contract or document prior to using the lodging or participating in the service and/or activity they offer. You understand that any violation of any such Supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation. Tripaly is not liable for any costs incurred due to hotel relocation.
Important Notice Regarding Airline Reservations
If you arrive at an airline ticket or passenger check-in counter with your confirmed ticket and find that the airline shows no reservation for you – do not leave the counter. Check your ticket. If the status box shows “OK” for the flight in question, the airline policies typically require them to accommodate you on that flight, or if that is not possible, they must either find you a substitute flight or pay you denied boarding compensation. If necessary, ask to speak to a supervisor.
If You Have A Complaint
If you have a problem during your holiday, please inform the relevant Supplier (e.g. your hotel) immediately. Your sole recourse for complaints is to directly communicate and seek remedial action from the supplier.
Should they be unable to resolve the matter, please immediately contact us at email@example.com. We may help, in our sole discretion, but we have no obligation to help. If you fail to timely contact us, we will not be permitted the opportunity to investigate your complaint and attempt to rectify any error while you are away.
It is your responsibility to ensure that all of the details on your travel documents are correct and to bring to our attention any errors or discrepancies immediately. Your travel documents are valuable and should be safeguarded as if they were cash. It is not always possible to replace travel documents in the case of loss, theft, damage, etc.
Prior to booking international travel, we recommend that you review any U.S. Government’s prohibitions, warnings and advisories applicable to your destinations. By offering travel to any particular destination, we do not represent that travel in such destination is safe or without risk.
Passport, Visa and Immigration Requirements
It is your responsibility to fulfil the passport, visa and other immigration requirements applicable to your itinerary. You should confirm these with the relevant embassies and/or consulates. We do not accept any responsibility in the case of you being unable to travel due to not complying with any such requirements.
Failure to check-in for your flight at the appropriate time may result in denied boarding and a refund may not be granted. Check-in times vary by carrier/airport and all participants are required to check with the carrier for the most current information.
TRAVEL DOCUMENTS, INCLUDING TSA AND DHS ACCEPTABLE IDENTIFICATION REQUIREMENTS.
It is the responsibility of each Customer to obtain and carry a valid passport, visa(s) and all other documents required by applicable government regulations. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight found http://www.tsa.gov/traveler-information/acceptable-ids. Examples: DHS-designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. Tripaly strongly recommends that you take into account that certain countries will not admit a passenger, if their passport expires within six (6) months of the date of entry. Non-United States citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities, please see https://help.cbp.gov/app/answers/detail/a_id/268/kw/travel. The U.S. Customs and Border Protection Agency requires that for USA child groups under age 19 arriving by land or sea from contiguous territory and traveling with a school group, religious group, social or cultural organization, or sports team, may also present an original or copy of his or her birth certificate, a Consular Report of Birth Abroad or a Naturalization Certificate. Parental or legal guardian consent must be provided to the supervising adult/Group Leader. You acknowledge that any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. Check each supplier’s website to ensure you and all members in your travel group or party obtain and carry travel documentation required.
Suggested reference materials for passport, visa, health requirements as well as travel advisories:
For US Citizens: http://travel.state.gov
Western Hemisphere Travel Initiative: http://travel.state.gov/travel/cis_pa_tw/cis_pa_tw_2223.html
US State Department Travel Warnings: http://www.travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html
US State Department Travel Alerts: http://www.travel.state.gov/travel/cis_pa_tw/pa/pa_1766.html
US Center for Disease Control for required vaccinations: http://www.cdc.gov/travel
Visa information for US citizens: http://www.travel.state.gov/travel/cis_pa_tw/cis/cis_4965.html
*Note that this is not a comprehensive list of reference sites and is provided solely for your convenience. These sites are owned and operated by third parties who may alter the URL at any time without notice.
We strongly recommend that you have taken out adequate insurance for the duration of your journey.
Travel Advice and Vaccinations
U.S. Citizens should refer to the travel advice posted by the U.S. Department of State at travel.state.gov for all the countries you intend to visit. Vaccinations may be required for some or all of the places you are intending to visit. It is your responsibility to ensure that you have arranged all necessary vaccinations for your itinerary
Airline use of Insecticide Spray
Some countries require insecticide spraying of aircraft prior to a flight or while you are on the aircraft. Federal law requires that we refer you to the Department of Transportation’s Disinsection Information page on their website at the time of booking for further information. http://airconsumer.dot.gov/spray.htm.
a. General Conditions Governing Air Transport
Airline tickets are highly restrictive, non-refundable, and non-transferable. Modification of passenger names, dates, times, routings, or departure/arrival airports is at the sole discretion of the airline and, if permitted, will likely be subject to a substantial change fee. The passenger is responsible for any such fees. With regard to the booking of air tickets, Tripaly acts simply as an intermediary between you and the airline. Credit will not be given for any unused airline tickets and cannot be used toward any future bookings.
All tickets will be issued for economy class unless otherwise specified. All travel will be round-trip unless otherwise specified. Seat assignments are subject to the airlines policies and may not be able to be made until you are at the airport on the day of departure. Airline tickets booked through Tripaly may not eligible to earn frequent flyer miles. You agree to confirm all bookings with the airline prior to the stated date of departure (Tripaly recommends confirming 72 hours prior).
Direct flights may be “non-stop” or may involve one or more stop-overs (in the latter case this means the same flight by the airline, because the flight number remains the same). The same applies to connecting flights that may be subject to crew changes. When you book a scheduled flight involving a stop-over in a town, and the second flight takes off from a different airport to the airport of arrival, ensure that you have understand and take sufficient time for reaching the second airport. Any transportation charges for the journey to the other airport is at your own expense. Tripaly will not be able to reimburse you for these costs, nor will it be liable if you miss the second flight.
Tripaly’s responsibilities in respect to air travel are limited by the relevant airline’s conditions of carriage. The airline fulfilling your contract for carriage may change from the airline mentioned by Tripaly. Tripaly is not able to specify the type of aircraft to be used by any airline. If an airline cancels or delays a flight, you must work directly with the airline to ensure you arrive at your destination on or ahead of time. Tripaly will not provide any refund for Trips missed, in part or full.
b. Loss of air tickets
You agree to safeguard your tickets and bear any and all costs related to loss of theft. If you lose your air ticket or if your ticket is stolen, Tripaly advises that you immediately report it to the police and to the airline.
Each airline has its own policy regarding luggage. We recommend that you check with your airline ahead of time for any weight restrictions and additional charges relating to checked baggage. You will be responsible for paying to the airline any and all charges for checked bags or overweight baggage, including, but not limited to, golf bags and oversized luggage. If you exceed the weight limit set by your airline, and excess weight is permitted, you must pay a supplement directly to the airline at the airport.
The airline is liable to you for the baggage you entrust to it only for the compensation contemplated in the international conventions and relevant statutes. In the event of damage, late forwarding, theft or loss of luggage, you should contact the your airline and declare the damage, absence or loss of your personal effects before leaving the airport, and then submit a declaration, attaching the originals of the following documents: the travel ticket, the baggage check-in slip, and the declaration. Tripaly strongly recommends that you obtain an insurance policy covering the value of your items.
d. Limitation of Liability for Air Transport
IN ADDITION TO THE LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THESE TERMS, YOU AGREE THAT TRIPALY IS NOT LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO ANY AIRLINE TIMETABLE CHANGES, DELAYS, CANCELLATIONS, MISSED CONNECTIONS, MECHANICAL PROBLEMS, INCLEMENT WEATHER, SEATING REASSIGNMENTS, LOST/DELAYED BAGGAGE, SCREENING AND SECURITY DELAYS, REFUSED BOARDING OR FAILURE TO CHECK-IN PROPERLY.
“Accommodations” are defined as lodgings in a dwelling or similar living quarters afforded to travelers including, but not limited to, hotels, quarters in cruise ships, motels, and resorts.
a. Accommodation classifications
The number of stars attributed to the hotels and other providers of accommodations quoted by Tripaly correspond to a classification established as a point of reference in accordance with local standards. Please be advised that accommodations and the “star” designations may vary from country to country.
The comments we make in our descriptions are based on our knowledge of the establishments and the comments we have received from customers. Tripaly makes no guarantee about the suitability of accommodations. You bear any additional costs, i.e. upgrades, room service, room depositsetc. We reserve the right, for technical reasons, in cases of force majeure or actions by third parties, to replace the planned hotel with accommodation of the same category offering equivalent services. This would only be in exceptional circumstances and in such cases we will inform you as soon as we are aware of this necessity.
b. Taking possession of and vacating your room
Policies regarding taking possession of and vacating rooms often vary by hotel, so it is your responsibility to check with the hotel ahead of time to verify the relevant policies and times. Tripaly is not responsible for any charges and damages resulting from your failure to timely take possession or vacate your room.
c. Types of room
Room classifications and amenities may vary by hotel and/or country, so it is your responsibility to check with the hotel ahead of time to verify the specific amenities offered at the time of your stay. Tripaly makes no guarantee that descriptions and photographs are an exact representation of the particular rooms offered.
d. Additional Hotel Charges
Some Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Tripaly for your subscription, and it is your sole responsibility. You are also responsible for all additional hotel charges you incur.
e. Pregnant women
Tripaly advises pregnant women to consult their doctors before making any reservation, in order to confirm that it is appropriate for them to travel. You agree that Tripaly will not be liable for any damages arising from inability to participate in any or all of the Trip due to pregnancy or related illness and no compensation will be payable under such circumstances.
h. Travelers with special needs or disabilities
If you have special needs or a disability you must call the provider of your accommodations ahead of time and verify that special needs can be met. Tripaly make no guarantee as to the ability of any accommodations, activity provider, or facilities advertised on its site to meet the special needs of disabled clients. Tripaly has no special knowledge regarding the suitability for disabled persons of any portion of any tour or activity offered. For information concerning the suitability for disabled persons for any portion of any tour or other reservation, contact the supplier directly.
Travel insurance protection is strongly recommended. We recommend the purchase of travel protection to protect both you and your vacation. We do not currently offer or sell travel insurance. Obtaining travel insurance is solely your responsibility, and we advise you to do your research and find coverage that best fits your individual needs.
By failing to obtain travel insurance, you acknowledge and accept liability for any damages and/or out–of-pocket expenses incurred. You also acknowledge and accept responsibility for arranging and paying for any treatment in case of a medical emergency while traveling.
All requests for service under the policy must be filed directly with the travel insurance provider, in accordance with the policy terms and conditions, which you the passenger are responsible for reviewing upon purchase of any travel insurance policy. Tripaly is not able to give advice with regard to possible cancellations and any associated claims processing. All queries regarding cancellation, penalties, and coverage should be directed to your particular travel insurance provider. Please note that the travel insurance provider may not be allowed to discuss your claim with Tripaly due to privacy laws (e.g. HIPAA). Accordingly, you acknowledge that Tripaly cannot be involved in any aspect of your claim/request for service. Passenger(s) acknowledge and agree that Tripaly has no control over the travel insurance provider or its coverage decisions, and as a result Tripaly is not responsible for and shall not be liable for policy coverage, claims processing, or the denial of any claims.
General Travel Agency Services
For non-subscribers, additional terms and conditions apply to non-subscriber travel booking services through Tripaly. General Travel Booking Service Terms and Conditions are available here.
Payment Methods and Terms
All prices for subscriptions in the United States are stated in U.S. Dollars.
Payment Methods and Security
Tripaly has partnered with Stripe for all client payments processing. For millions around the world, Stripe is the way to pay: trusted and secure Stripe payment solutions are trusted by thousands of businesses, big and small. Stripe only provides its customers with the ability to process online payments. Stripe does not own or hold information about the goods/services you have ordered or their delivery status, and cannot provide refunds or cancel your order for you.
With Stripe as its payment processor, Tripaly accepts accepts several methods of payment to accommodate your needs. We don’t store your credit card information, instead we rely on Stripe to store this information for you. For recurring subscription charges, we use your Stripe customer ID that’s created through our system to process the payment. More information about this can be found on Stripe’s website.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. By subscribing to Tripaly or submitting an order for other paid services offered through the Services, you authorize Tripaly, or its designated payment processor, to charge a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Tripaly service to your Payment Method. Tripaly may suspend or terminate the Services if fees are past due.
How do Stripe and Tripaly work together with respect to subscriptions?
If you setup your subscription over the phone or e-mail with Tripaly, then we will input your information into the Stripe processor.
If you setup your subscription through our website:
- A customer visits Tripaly and decides to subscribe to the service.
- The customer will then proceed through Tripaly‘s checkout process.
- When you enter your credit card / payment details, these are automatically sent directly to Stripe for processing.
- If the payment details are validated, Stripe will send back to Tripaly a unique special token which we store.
- This special token, alongside our private authentication token for Stripe, allows us to bill your credit card for the value you have allowed.
- All this allows you to submit your payment details to Stripe so that we may use them, without ever leaving Tripaly.
How do recurring payments work?
Stripe’s recurring payment service enables subscribers make online subscriptions to our products. With that same token we received (outlined in the previous section), we will attempt to charge your credit card details on-file with Stripe. Again, we never see or receive your payment details directly–we just use the special token that Stripe sent us.
If you have a query about a recurring payment agreement, please contact Tripaly directly at firstname.lastname@example.org.
About Payment and Order Confirmation
When you submit your payment details, the Stripe payment service will request authorization from your Card Issuer and carry out any applicable fraud screening checks. Depending on the outcome of the authorization request, you will see receive a successful or a failed message which will confirm the result of your transaction. If your payment has been successful, Tripaly will be immediately notified and we will contact you to confirm your order.
Monthly Subscription Charges
Subscriptions are paid on a monthly basis. Subscriptions will automatically renew each calendar month unless Customer provides Tripaly with written notice of non-renewal during the prior calendar month. Customer will automatically be charged the applicable monthly subscription fee for each month that Customer’s month-to-month subscription is in effect.
Upon the expiration of this initial subscription term, Customer’s subscription shall automatically renew for successive one (1) year subscription terms unless Customer gives Tripaly notice of non-renewal
Other Terms and Conditions
We are acting as an independent contractor only. No joint venture, partnership or employment relationship exists between you and us or our Suppliers as a result of this Agreement or your use of our website.
Tripaly is simply an intermediary between Suppliers and our users. Tripaly does not own or operate any hotels, excursions, tours, transportation providers, cruise lines, vessels, airlines, attractions, or other travel-related Suppliers who provide goods or services for the your trip. Passenger(s) acknowledge and agree that Tripaly shall not be responsible for any loss, damage, delay, inconvenience or injury to Passenger(s) as a result of a breach of contract, act or omission whether willful or negligent, criminal or otherwise of any person, including but not limited to these Suppliers, their employees, agents, servants, or representatives.
Suppliers reserve the right to deviate from the direct, customary and/or scheduled route or itinerary for any reason, without limitation and without notice. Passenger(s) acknowledge and agree that Tripaly is not responsible for Supplier deviations, delays, cancellations, mandated overnight stays, missed connections or any other condition beyond its control. Tripaly is not liable for any loss due to Passenger’s activities or purchases made while on the trip.
Tripaly recommends that all Passengers be in good physical and mental health and have medical approval to travel. Suppliers often reserve the right to reject Passengers whose mental or physical condition may interfere with the itinerary. Passenger(s) acknowledge and agree that Tripaly shall be held harmless for any and all claims relating to Supplier rejection relating to mental or physical condition.
No undertaking, guarantee or warranty is given or shall be implied as to the fitness or condition of the Supplier’s accommodations, transportation, or any food, drink, or similar provisions supplied by the Supplier. Passenger(s) acknowledge and agree that Tripaly shall not be responsible for refunding, either fully or partially, any amounts paid due to unsatisfactory services from any supplier. In no event shall Tripaly be liable for any accident which occurs in hotels, in resorts, on airplanes/in airports, on buses/in bus stations, on trains/in train stations, on board a cruise ship, or during any mode of transportation encountered during the trip, resulting from equipment or any other cause. The Passenger admits a full understanding of the nature and character of the mode of transport and assumes all risks of travel, transportation and handling of passengers and baggage.
Identifying information you provide to us must be the same as is shown on your government-issued ID.
Our general practice is to send documents to our customers electronically. We reserve the right to charge an administration fee should you make a request for such documents to be sent as a hard copy.
Limitation to Texas Residents
Our service is strictly limited to Texas residents who are United States citizens.
Disclaimer of Warranties and Limitation of Liability
You assume all risks incidental to the trip you book, whether before, during or after performance, and you waive any claims for personal injury or death against Tripaly on behalf of yourself and any guests, successors, representative or assigns.
Our total liability to you from all causes of action and under all theories of liability will be limited to the amount you paid for your subscription fees for up to twelve (12) months. We will not be liable to you for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the App and/or service; (ii) any conduct or content of any Suppliers; (iii) any Trips or other goods and services obtained from the service; and (iv) any other claim whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
THE TRIPALY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRIPALY SERVICES ARE PROVIDED BY TRIPALY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TRIPALY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TRIPALY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRIPALY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TRIPALY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIPALY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRIPALY DOES NOT WARRANT THAT THE TRIPALY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TRIPALY SERVICES, TRIPALY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM TRIPALY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRIPALY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY TRIPALY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY TRIPALY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Tripaly attempts to be as accurate as possible; however, we rely solely on our Suppliers for this information. Tripaly does not warrant that product descriptions or other content of any Tripaly Service is accurate, complete, reliable, current, or error-free. If a product or service offered through Tripaly itself is not as described, your sole remedy is through the Supplier directly.
You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your activity on a trip or with respect to a Supplier, or your use of the Service or the use of the Service by any person using your Account violates any applicable law or regulation, or the rights of any third party.
You agree to defend and indemnify Tripaly and/or its respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of these Terms or the documents referenced herein;
- Your violation of any law or the rights of a third party; or
- Your use of the Services.
Any dispute or claim relating in any way to your use of any Tripaly Service, or to any products or services sold or distributed by Tripaly or through Tripaly.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an 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 as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Jyotpal Singh, 500 E. Riverside # 236, Austin, TX 78704. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Travis County, Texas.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Site Policies, Modification, and Severability
Unlawful Re-Sale of Services or Products; Commercial Purposes
Unlawful resale of services or products made available through Tripaly (or attempted resale) is grounds for cancellation without compensation. No commercial use of our site, App or Service is permissible.
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Support Service Level
Tripaly support staff will strive to respond to Tripaly users’ support requests via email within 48-72 hours. Tripaly does not provide support for Trips or issues that should be taken up directly with Suppliers. Issues should be emailed to email@example.com.
Our App and Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we exclusively own all right, title and interest in and to the App and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the App or the Service (“Feedback”) will be the sole and exclusive property of Tripaly and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.
All content included in or made available through any Tripaly Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Tripaly or Suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Tripaly Service is the exclusive property of Tripaly and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Tripaly Service are trademarks or trade dress of Tripaly in the U.S. and other countries. Tripaly’s trademarks and trade dress may not be used in connection with any product or service that is not Tripaly’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tripaly. All other trademarks not owned by Tripaly that appear in any Tripaly Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tripaly.
These Terms are governed by the laws of the State of Texas, without regard to any conflict of laws rules or principles.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Tripaly’s Right to Amend Terms
We may revise these Terms from time to time, and we will try to provide at least 30 days’ notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
When you use the App or the Website, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
Headings are for reference purposes only and do not limit the scope or extent of such section.
No Refunds for Unused Arrangements
There are no refunds for any unused portion of a travel booking.
“Force Majeure” means, in relation to Tripaly, any circumstances beyond the reasonable control of Tripaly (including, but without limitation, acts of God, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, acts of terrorism, sabotage, insurrection, riots, strikes, civil disturbance, requisition, sickness, quarantine, government intervention, weather conditions, defects in machinery and vehicles, delay, wildlife or other untoward occurrences).
Tripaly shall not be deemed to be in breach of these Terms or otherwise be liable to you, by reason of delay in performance, or by non-performance, of any of its obligations hereunder to the extent that any such delay or non-performance is due to any Force Majeure.
If Tripaly, and/or any of the Suppliers, are affected by Force Majeure, they shall be entitled to, and may in their sole and absolute discretion, vary or cancel any itinerary or arrangement in relation to the trip. Payment of any refund by Tripaly to you as a result of the non-performance of any obligations hereunder shall remain in its sole and absolute discretion, although Tripaly shall use its reasonable efforts to reimburse you where possible. However, Tripaly shall be entitled to deduct from any refund recoverable the reasonable actual and potential costs to Tripaly of the Force Majeure and applicable cancellation fees.
Access to Password Protected/Secured Areas
Access to and use of password protected and/or secure areas of the Website or App is restricted to authorized users only. Unauthorized individuals attempting to access these areas of this website will be subject to prosecution.
The Company may provide email news service or other prompts to new content available. Your use of such content received through the email news service will be subject to these Terms and Conditions.
Late or Declined Payments
If a monthly subscription payment is late or declined and the payment is not made within three (3) business days, then (i) your account with be immediately frozen or terminated, in Tripaly’s sole discretion, and (ii) you will be immediately liable for an automatic $25 per day penalty until the late payment is made for up to thirty (30) days. After thirty days, your account will be turned over for immediate collections, and you will be liable for all attorney’s fees and costs of collection until your past due balance is paid.”
Questions & Contact Information
Please email us at firstname.lastname@example.org if you have any questions about our Terms.
Tripaly’s mailing address is 500 E. Riverside # 236, Austin, Texas 78704.
© 2016 Tripaly, LLC.