Terms of Use
Last updated October 30, 2023
Administrator (defined below) offers the Services (defined below) available through the Max Platform (defined below) to consumers under the following terms and conditions (these “Terms of Use”). Your use of the Services and/or the Max Platform (both defined below) constitutes your agreement to all these Terms of Use. By accessing the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Services. Each time you use the Services, the current version of These Terms of Use will apply. Accordingly, when you use the Services, you should check the date of this Policy (which appears at the top) and review any changes since you last reviewed it. Administrator (defined below) reserves any rights not expressly granted herein.
Ownership
The loyalty program technology you are using is a service provided exclusively by, and is the sole property of, Max Travel Inc. (“Account Administrator”). Account Administrator retains all rights to display content of the Booking Administrator (defined below) on this site, and all content is subject to any applicable federal and state laws governing copyrights, trademarks and service marks. These Terms of Use refer to the tracking of your travel booking, operation of the Account Administrator’s website and Android and IOS apps (collectively, the “Max Platform,” which connects you to the Booking Service), recording of your trips, calculation of your reward points (if any) under the Loyalty Program (defined below), maintenance of your rewards account, and redemption of your reward points (if any) under the Loyalty Program (defined below) for additional travel collectively as the “Account Service” or “Account Services.”
The online booking engine technology you are using is a service provided exclusively by, and is the sole property of, travel.win, LLC (the "Booking Administrator”) and their suppliers. Some of the static content and rates on this site are owned and managed by third party providers and distributors, collectively referred to as, "Suppliers.” Booking Administrator retains all rights to display Suppliers’ content and rates on this site, and all content is subject to any applicable federal and state laws governing copyrights, trademarks and service marks. These Terms of Use refer to the online booking engine for travel products including, but not limited to hotel accommodations, air travel, cruises, destination activities, and rental cars as the “Booking Service” or “Booking Services.”
These Terms of Use refer to either the Account Administrator and/or the Booking Administrator as “Administrator” and to either Account Services and/or Booking Services collectively as the “Service” or the “Services.” Whether “Administrator,” “we,” “us,” “our,” or “ours” refers to Account Administrator or Booking Administrator or both and whether “Service” or “Services” refers to Account Services(s) or Booking Service(s) in a particular context depends on which Services are at issue.
Limitations on Use of the Max Platform
As a condition of your use of the Max Platform and Service you warrant and represent to Administrator that you will not use the Max Platform or information, images or data on the website, for any illegal purpose, or for any purpose that is prohibited by this Agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from the Max Platform or Service.
Your Warranties to Administrator
You agree to use this Service to make only legitimate reservations or purchases and shall not use this Service to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use the Max Platform in accordance with the terms and conditions of this Agreement. You agree to be financially responsible for all uses of this Service as well as for the use of your name and credit card account to pay for products and services purchased at the Max Platform by members of your household, including minors living with you. You also warrant that all information supplied by you or members of your household in using the Max Platform and Service is true, complete, and accurate.
Right to Contact You
We may use the information that you provide to tailor our experience to you and your needs so that our Service becomes inherently more useful over time.
We may use your email address to give you updates on your future reservations, prior reservations and how our service is evolving, as well as to provide you with promotional materials and offers. It is our goal to have hotel and other promotions be useful and relevant to you, and we want them to become increasingly so over time.
Notwithstanding anything to the contrary, by signing up for any wait list or offer in connection with the Max Platform or Loyalty Program you authorize Account Administrator to contact you about developments relating to such waitlist or offer.
Reservation Type
Prepaid Reservation - Paid online at the time of booking. You agree that your credit card will be charged for the full cost of your reservation upon submitting your reservation request. The cost of your reservation is the total of the total for the products reserved during booking, plus an additional amount for the governmental fees/taxes, tax recovery charges, and our service booking fees. The tax recovery charge is assessed to recover the amount we pay to the service provider in connection with your reservation for sales and use, occupancy, room tax, excise tax, value added and other similar taxes, etc., and the balance of the additional amount is a fee we charge in connection with the handling of your reservation. We are not the vendor collecting and remitting said tax to the applicable tax authorities. The Suppliers bill all applicable taxes to us and we remit such tax directly to the Supplier. We are not a co-Supplier associated with the Supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. Our actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the property, automobile, etc. by our customer.
Payments
All bookings made will be charged in United States Dollars (USD). Booking Administrator will provide an estimate of local currency based on your language and your location chosen for this site. Prices are estimated based on published exchange rates in effect at the time of your booking, which may vary from when the charge appears on your account. Your card issuer may charge a foreign transaction fee and/or a currency conversion fee.
Please note that this is a United States of America based booking site and as such, the United States of America’s rules and regulations apply to any fees, charges and refunds.
Relationship
The relationship between the travel vendors supplying services, the Suppliers, Administrator, and you will be that of a travel provider, broker, and customer respectively, and none of the parties listed or any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
Refusal of Service
Administrator reserves the right to refuse service to anyone at our sole discretion so long as our refusal to provide service does not violate any applicable Federal or State Law, or local laws or regulation.
Cancellation
Administrator reserves the right to cancel our Service or Services at any time for any reason.
Customer Changes and Cancellations
You may not cancel or change your Prepaid Reservation unless otherwise stated in the specific terms associated with the inventory/product you agree to purchase/book. Some reservations may not be canceled and some cancellations or reductions in bookings may result in a cancellation/reduction fee. In addition, if you cancel or change your reservation after the cancellation policy period applicable to the product type you reserved, you may be subject to a charge based on the product type, tax recovery charges and service fees or greater penalties based on the terms of your reservation. Refunds may or may not be made for no-shows or early checkouts. See the cancellation policies and other terms and conditions for complete details. You agree to pay any cancellation or change fee that you incur. You agree to abide by the terms and conditions and cancellation policies imposed with respect to any booked reservation. Please review the terms and conditions associated with your reservation.
The Administrator reserves the right to cancel any booking suspected of being fraudulent. This includes, but is not limited to, bookings made with stolen or fraudulent credit/debit cards, points earned through deceptive means, or reservations made on behalf of someone else. This decision is at the sole discretion of the Administrator to ensure the integrity of our service and protect our partners from fraudulent activities.
Paid Subscriptions
The Administrator may offer paid subscriptions of the Max Travel app and service. Administrator reserves the right to change the price, features, benefits or even cancel a paid subscription tier at any time for any reason.
Although the Account Administrator reserves the right to cancel or change a paid subscription tier at any time for any reason in its sole and absolute discretion, the Account Administrator intends to provide you with not less than 30 calendar days’ notice of any change to any paid subscription that will materially affect it's features, benefits or availability.
Loyalty Program Terms and Conditions
The Account Administrator has established and administers a program whereby it currently and voluntarily offers you points that are redeemable for additional travel booked through the Booking Service as a way to reward you for your loyalty in choosing to use the Max Platform to arrange your travel experiences and referring your friends to us (the “Loyalty Program”).
No Loyalty Program Fee
The Account Administrator enrolls you in the Loyalty Program automatically when you establish an account on the Max Platform. There is no separate or additional fee or other charge to participate in the Loyalty Program we describe in these Terms of Use.
Subject to Change
Because the Loyalty Program is a voluntary way for the Account Administrator to thank you for your loyalty, the Account Administrator may change these Terms of Use or cancel the Loyalty Program at any time for any reason in its sole discretion. When we do, we will post the updated version on this page. We encourage you to read this page each time that you use our Services so that you will be aware of any changes, and your continued use of our Services shall constitute your acceptance of any such changes. Changes to these Terms of Use take effect from the date of publication, unless stated otherwise.
Pending Points vs. Earned Points
There are currently three kinds of loyalty reward points in the Loyalty Program: Booking Points, Growth Points, and Earned Points. In addition, during the Waitlist Period you can obtain Waitlist Points that, subject to these Terms of Use, become Earned Points when you open your rewards account in the Loyalty Program. Booking Points, Growth Points, and Earned Points are not the same and have important differences. These Terms of Use refer to Booking Points and Growth Points collectively as “Pending Points.”
Pending Points are not redeemable unless and until they become Earned Points.
Booking Points
Each time you book a travel experience through the Max Platform, the Account Administrator will credit your Loyalty Program account with points that are not yet redeemable (“Booking Points”).
Pending Points, including Booking Points, are not redeemable unless and until they become Earned Points. Booking Points may, subject to these Terms of Use, convert into Earned Points (defined below) that you can redeem, as a way for rewarding your loyalty in booking travel through the Max Platform, for additional travel experiences.
The number of Booking Points you earn for each dollar you spend booking travel experiences through the Max Platform varies from experience to experience. Before you click to confirm a purchase to book a travel experience through the Max Platform, the purchase page will display the number of Booking Points you will receive when you click to confirm.
You will not receive Booking Points or any other rewards in the Loyalty Program for travel experiences you arrange or pay for away from the Max Platform. For example, you will not receive Booking Points for restaurant, spa, or other incidental charges you incur at a hotel during a stay even if you booked that stay through the Max Platform.
Growth Points
From time to time the Account Administrator may calculate and accrue to your Loyalty Program Account certain additional points for periods during which you wait to redeem your Earned Points (“Growth Points”).
Pending Points, including Growth Points, are not redeemable unless and until they become Earned Points. Growth Points may, subject to these Terms of Use, convert into Earned Points (defined below) that you can redeem, as a way for rewarding your continued loyalty as you decide when to redeem your Earned Points and what travel experiences to redeem them for.
Currently, the Account Administrator will accumulate Growth Points in your Loyalty Program account each day at the rate of 3% per year of your balance of Earned Points at the end of the previous day. The Account Administrator may change the rate at which Growth Point accumulate or end Growth Points at any time in its sole discretion.
The Account Administrator will not accumulate any Growth Points in your Loyalty Program Account for your balances of Waitlist Points, Booking Points or Growth Points. Rather, the Account Administrator will accumulate Growth Points in your Loyalty Program Account only for your balance of Earned Points.
Earned Points
The Pending Points you receive when booking a travel experience through the Max Platform become Earned Points on the first business day after the passage of 45 calendar days from when you complete the travel experience and check out of the hotel or other property where you stay.
If you received Pending Points for a refundable travel experience and canceled that travel experience, the Account Administrator will cancel those Pending Points. Pending Points that the Account Administrator cancels never become Earned Points.
Currently, the Account Administrator will convert Growth Points into Earned Points within one month of the Growth Points’ accrual. The Account Administrator determines whether to convert Growth Points into Earned Points and, if so, when to convert them in the Account Administrator’s sole and absolute discretion.
Although your Loyalty Program Account will accumulate fractions of Growth Points, the Account Administrator will convert only whole Growth Points to Earned Points. So, for example, if your Loyalty Program account has accumulated 100.6789 Growth Points at the time when the Account Administrator converts them to Earned Points, the Account Administrator will convert 100 Growth Points into Earned Points. The residual .6789 Growth Points will remain in your Loyalty Program Account and combine with additional Growth Points your Loyalty Program Accounts accumulates in the future.
As with Pending Points, you will not receive Earned Points for travel experiences you arrange or pay for away from the Max Platform. For example, you will not receive Earned Points for restaurant, spa, or other incidental charges you incur at a hotel during a stay you booked through the Max Platform.
In addition to Booking and Growth points converting to Earned points, there are many other ways you may earn Earned points. This may include, but is not limited too, promotions, incentives, shopping rewards or referring friends to join and book travel through Max Travel.
Earned Point Expiration
Earned Points will not expire so long as the Loyalty Program continues and the Account Administrator remains solvent.
Earned Point Cancellation
Notwithstanding anything to the contrary, Account Administrator may cancel your Earned Points at any time if Account Administrator suspects in its sole and absolute discretion that you have engaged in or aided fraud or other misconduct, including without limitation any breach of these Terms of Use, misconduct or inappropriate activity relating to the Max Platform.
Earned Point Redemption
You may redeem your Earned Points as a discount on the price of a travel experience equivalent to $0.01 USD for every Earned Point redeemed.
Loyalty Program Limitations and Disclaimers
Earned Points are not redeemable for cash or any fiat or virtual currency. Earned Points have no value apart from their use on the Max Platform in accordance with these Terms of Use.
You do not pay any consideration to receive Pending Points or Earned Points through the Loyalty Program. Rather, these kinds of points are loyalty rewards that the Account Administrator uses just to thank you for booking your travel experiences through the Max Platform and/or the Service.
Pending Points and Earned Points are not money, virtual currency, or deposits. The Loyalty Program does not entail Max Travel’s holding or managing any property on your behalf. As a result of accumulating Pending Points or Earned Points in the Loyalty Program you will not hold any lien or other security or property interest in any property of the Account Administrator. Pending Points and Earned Points are not transferrable. By using the Service, you agree not to attempt to sell or otherwise transfer any Pending Points or Earned Points. By using the Service, you acknowledge and agree that there is no secondary market or exchange for trading Pending Points or Earned Points and agree not to attempt to establish or operate any such secondary market or exchange.
By using the Service, you acknowledge that Max Travel is not chartered, registered, licensed, or regulated in any jurisdiction as a bank, trust company, money transmitter, stored value or prepaid access issuer, money services business, investment company, private fund, investment adviser, broker-dealer, or other form of financial institution.
Max Travel may modify or end the Loyalty Program at any time for any reason in its sole discretion. Your accumulation of Pending Points and/or Earned Points does not cause the Account Administrator to incur or issue any debt, promissory note, investment contract, security, or other financial obligation to you. Growth Points and resulting Earned Points are enhancements of rewards for your continued loyalty as you decide when to redeem. Your receiving Growth Points is not earning interest, and our rewarding you with Growth Points is not paying interest.
Notice of Certain Changes
Although the Account Administrator reserves the right to cancel or change the Loyalty Program at any time for any reason in its sole and absolute discretion, the Account Administrator intends to provide you with not less than 30 calendar days’ notice of any change to the Loyalty Program that will materially affect the ways in which you accumulate Pending Points or receive or redeem Earned Points.
Additional Terms and Conditions
Additional terms and conditions may apply to reservations; purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
Severability
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. In addition to any other rights or remedies available to Administrator, and without any liability to any user of the Administrator Service, Administrator, at its sole discretion may terminate or restrict any user's access to Administrator Services at any time and without notice.
Links to Third-Party Websites
The Max Platform may contain hyperlinks to websites operated by parties other than Administrator. Such hyperlinks are provided for your reference only. Administrator does not control such websites and is not responsible for their contents, commitments, or obligations. Administrator’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Exclusion of Warranty
ADMINISTRATOR AND THIRD PARTY SUPPLIERS AND DISTRIBUTORS DO NOT WARRANT THE QUALITY, ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE SERVICES, CONTENT OR DATA FOUND ON OR IN CONNECTION WITH THIS SERVICE.
Limitation Of Damages
THE DATA AND SERVICES PROVIDED BY ADMINISTRATOR ARE PROVIDED "AS IS." ADMINISTRATOR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DATA OR SERVICES PROVIDED BY ADMINISTRATOR OR A THIRD PARTY SUPPLIER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DISCLAIMS ALL IMPLIED WARRANTIES IN CONNECTION WITH SUCH DATA OR SERVICES. In no event shall Administrator be liable for any injury, loss, claim, damage, or any incidental or consequential damages (including, but not limited to lost profits or lost savings) arising out of or in any way connected with the use of any display or listing of any data on the Max Platform, or any failure or delay in updating or including any data on the Max Platform, or any use of or inability to use any data on the Max Platform (including, without limitation, the use of or inability to use Administrator for reservations or ticketing), or the performance or nonperformance by Administrator of any reservations or ticketing function, even if Administrator has been advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you. If, however, despite the exclusions contained in this paragraph, Administrator should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of Administrator described above, Administrator's liability shall not exceed the amount of any transaction fees and/or service charges paid by claimant to Administrator for the services and/or data with respect to which liability is found. All limitations of damage set forth in your ticket, including loss and/or damage to luggage or its contents, personal injury or death, are incorporated into this agreement by reference and any claims are subject to said laws or treaties.
Indemnification
YOU SHALL DEFEND AND INDEMNIFY ADMINISTRATOR AND THIRD-PARTY SUPPLIERS AND DISTRIBUTORS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION BROUGHT BY OR ON YOUR BEHALF IN EXCESS OF THE LIABILITY DESCRIBED HEREIN OR BY THIRD PARTY AS A RESULT OF YOUR USE OF THIS SERVICE. SUCH INDEMNIFICATION SHALL INCLUDE ALL REASONABLE EXPENSES, COSTS OF COURT AND REASONABLE ATTORNEYS FEES INCURRED IN CONNECTION WITH THE DEFENSE TO ANY CLAIMS DEFINED IN THIS PARAGRAPH. Administrator may at any time modify these Terms of Use and your continued use of this Service will be conditioned upon the terms and conditions in force at the time of your use.
Governing Law and Stipulation of Venue
The laws of Florida govern this agreement as between you and the Booking Administrator. The laws of California govern this agreement as between you and the Account Administrator. You hereby consent to the exclusive jurisdiction and venue of the State courts in Broward County, Florida, U.S.A., in all disputes between you and the Booking Administrator arising out of or relating to the use of the Booking Service. You hereby consent to the exclusive jurisdiction and venue of the State courts in the County of Los Angeles, California, U.S.A., in all disputes between you and the Account Administrator arising out of or relating to the use of the Booking Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.
You agree that any and all disputes or claims that have arisen or may arise between you and Administrator, and any third-parties related to your use of the Service, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND ADMINISTRATOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ADMINISTRATOR AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of these Terms of Use as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of subsection above of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief), shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice). The Notice to Booking Administrator should be sent to travel.win, LLC, c/o StrategySmith, PA, 401 East Las Olas Blvd., Suite 130-120, Fort Lauderdale, FL 33301. The Notice to Account Administrator should be sent to Max Travel, Inc., 11400 West Olympic Blvd., Suite 200, Los Angeles, CA, 90064. Administrator will send any Notice to you to the physical address we have on file associated with your booking Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Administrator or third-party are unable to resolve the claims described in the Notice within 30 Days after the Notice is sent, you or Administrator or third-party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. An arbitration involving the Booking Administrator shall be filed and held in Broward County, Florida, or at another mutually agreed location. An arbitration involving the Account Administrator shall be filed and held in the County of Los Angeles, California, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Administrator or third-party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Administrator or third-party subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Administrator or third-party may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or Administrator or third-party shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different of Administrator’s Users, but is/are bound by rulings in prior arbitrations involving the same of Administrator’s User to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules unless otherwise stated in this Agreement to Arbitrate. At your request, Administrator or third-party will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Administrator or third-party for all fees associated with the arbitration paid by Administrator or third-party on your behalf that you otherwise would be obligated to pay under the AAA's rules.
Severability
With the exception of any of the provisions in Arbitration subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Arbitration subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of these Terms of Service will continue to apply.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Administrator or third-party prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and any Supplier. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your account within the 30 day period, and you will not be bound by the amended terms.
Entire Agreement
These Terms of Use contain the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.
Travel Precautions
Please consult the travel advisory issued and updated by the U.S. State Department for information concerning any warnings or dangers associated with travel to a particular area. You are advised to contact the Center for Disease Control in Atlanta, concerning any required or suggested medical treatments to your selected destination(s). You agree to the payment terms and conditions when booking with Your credit/debit card, it will be charged the full cost of your reservation upon submitting Your reservation request. There are no changes or modifications that will be allowed, unless permitted in the disclosures at the time of booking. Additionally, no refunds will be given in the event of a no-show or day of check-in cancellation. If You change or cancel your booking You will not get a refund or credit to use for a future stay. This policy will apply regardless of COVID-19, pandemic, or any other cause, subject to any consumer protection laws applicable to Your transaction.
Terms of Use
Last updated October 30, 2023
Administrator (defined below) offers the Services (defined below) available through the Max Platform (defined below) to consumers under the following terms and conditions (these “Terms of Use”). Your use of the Services and/or the Max Platform (both defined below) constitutes your agreement to all these Terms of Use. By accessing the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Services. Each time you use the Services, the current version of These Terms of Use will apply. Accordingly, when you use the Services, you should check the date of this Policy (which appears at the top) and review any changes since you last reviewed it. Administrator (defined below) reserves any rights not expressly granted herein.
Ownership
The loyalty program technology you are using is a service provided exclusively by, and is the sole property of, Max Travel Inc. (“Account Administrator”). Account Administrator retains all rights to display content of the Booking Administrator (defined below) on this site, and all content is subject to any applicable federal and state laws governing copyrights, trademarks and service marks. These Terms of Use refer to the tracking of your travel booking, operation of the Account Administrator’s website and Android and IOS apps (collectively, the “Max Platform,” which connects you to the Booking Service), recording of your trips, calculation of your reward points (if any) under the Loyalty Program (defined below), maintenance of your rewards account, and redemption of your reward points (if any) under the Loyalty Program (defined below) for additional travel collectively as the “Account Service” or “Account Services.”
The online booking engine technology you are using is a service provided exclusively by, and is the sole property of, travel.win, LLC (the "Booking Administrator”) and their suppliers. Some of the static content and rates on this site are owned and managed by third party providers and distributors, collectively referred to as, "Suppliers.” Booking Administrator retains all rights to display Suppliers’ content and rates on this site, and all content is subject to any applicable federal and state laws governing copyrights, trademarks and service marks. These Terms of Use refer to the online booking engine for travel products including, but not limited to hotel accommodations, air travel, cruises, destination activities, and rental cars as the “Booking Service” or “Booking Services.”
These Terms of Use refer to either the Account Administrator and/or the Booking Administrator as “Administrator” and to either Account Services and/or Booking Services collectively as the “Service” or the “Services.” Whether “Administrator,” “we,” “us,” “our,” or “ours” refers to Account Administrator or Booking Administrator or both and whether “Service” or “Services” refers to Account Services(s) or Booking Service(s) in a particular context depends on which Services are at issue.
Limitations on Use of the Max Platform
As a condition of your use of the Max Platform and Service you warrant and represent to Administrator that you will not use the Max Platform or information, images or data on the website, for any illegal purpose, or for any purpose that is prohibited by this Agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from the Max Platform or Service.
Your Warranties to Administrator
You agree to use this Service to make only legitimate reservations or purchases and shall not use this Service to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use the Max Platform in accordance with the terms and conditions of this Agreement. You agree to be financially responsible for all uses of this Service as well as for the use of your name and credit card account to pay for products and services purchased at the Max Platform by members of your household, including minors living with you. You also warrant that all information supplied by you or members of your household in using the Max Platform and Service is true, complete, and accurate.
Right to Contact You
We may use the information that you provide to tailor our experience to you and your needs so that our Service becomes inherently more useful over time.
We may use your email address to give you updates on your future reservations, prior reservations and how our service is evolving, as well as to provide you with promotional materials and offers. It is our goal to have hotel and other promotions be useful and relevant to you, and we want them to become increasingly so over time.
Notwithstanding anything to the contrary, by signing up for any wait list or offer in connection with the Max Platform or Loyalty Program you authorize Account Administrator to contact you about developments relating to such waitlist or offer.
Reservation Type
Prepaid Reservation - Paid online at the time of booking. You agree that your credit card will be charged for the full cost of your reservation upon submitting your reservation request. The cost of your reservation is the total of the total for the products reserved during booking, plus an additional amount for the governmental fees/taxes, tax recovery charges, and our service booking fees. The tax recovery charge is assessed to recover the amount we pay to the service provider in connection with your reservation for sales and use, occupancy, room tax, excise tax, value added and other similar taxes, etc., and the balance of the additional amount is a fee we charge in connection with the handling of your reservation. We are not the vendor collecting and remitting said tax to the applicable tax authorities. The Suppliers bill all applicable taxes to us and we remit such tax directly to the Supplier. We are not a co-Supplier associated with the Supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. Our actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the property, automobile, etc. by our customer.
Payments
All bookings made will be charged in United States Dollars (USD). Booking Administrator will provide an estimate of local currency based on your language and your location chosen for this site. Prices are estimated based on published exchange rates in effect at the time of your booking, which may vary from when the charge appears on your account. Your card issuer may charge a foreign transaction fee and/or a currency conversion fee.
Please note that this is a United States of America based booking site and as such, the United States of America’s rules and regulations apply to any fees, charges and refunds.
Relationship
The relationship between the travel vendors supplying services, the Suppliers, Administrator, and you will be that of a travel provider, broker, and customer respectively, and none of the parties listed or any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
Refusal of Service
Administrator reserves the right to refuse service to anyone at our sole discretion so long as our refusal to provide service does not violate any applicable Federal or State Law, or local laws or regulation.
Cancellation
Administrator reserves the right to cancel our Service or Services at any time for any reason.
Customer Changes and Cancellations
You may not cancel or change your Prepaid Reservation unless otherwise stated in the specific terms associated with the inventory/product you agree to purchase/book. Some reservations may not be canceled and some cancellations or reductions in bookings may result in a cancellation/reduction fee. In addition, if you cancel or change your reservation after the cancellation policy period applicable to the product type you reserved, you may be subject to a charge based on the product type, tax recovery charges and service fees or greater penalties based on the terms of your reservation. Refunds may or may not be made for no-shows or early checkouts. See the cancellation policies and other terms and conditions for complete details. You agree to pay any cancellation or change fee that you incur. You agree to abide by the terms and conditions and cancellation policies imposed with respect to any booked reservation. Please review the terms and conditions associated with your reservation.
The Administrator reserves the right to cancel any booking suspected of being fraudulent. This includes, but is not limited to, bookings made with stolen or fraudulent credit/debit cards, points earned through deceptive means, or reservations made on behalf of someone else. This decision is at the sole discretion of the Administrator to ensure the integrity of our service and protect our partners from fraudulent activities.
Paid Subscriptions
The Administrator may offer paid subscriptions of the Max Travel app and service. Administrator reserves the right to change the price, features, benefits or even cancel a paid subscription tier at any time for any reason.
Although the Account Administrator reserves the right to cancel or change a paid subscription tier at any time for any reason in its sole and absolute discretion, the Account Administrator intends to provide you with not less than 30 calendar days’ notice of any change to any paid subscription that will materially affect it's features, benefits or availability.
Loyalty Program Terms and Conditions
The Account Administrator has established and administers a program whereby it currently and voluntarily offers you points that are redeemable for additional travel booked through the Booking Service as a way to reward you for your loyalty in choosing to use the Max Platform to arrange your travel experiences and referring your friends to us (the “Loyalty Program”).
No Loyalty Program Fee
The Account Administrator enrolls you in the Loyalty Program automatically when you establish an account on the Max Platform. There is no separate or additional fee or other charge to participate in the Loyalty Program we describe in these Terms of Use.
Subject to Change
Because the Loyalty Program is a voluntary way for the Account Administrator to thank you for your loyalty, the Account Administrator may change these Terms of Use or cancel the Loyalty Program at any time for any reason in its sole discretion. When we do, we will post the updated version on this page. We encourage you to read this page each time that you use our Services so that you will be aware of any changes, and your continued use of our Services shall constitute your acceptance of any such changes. Changes to these Terms of Use take effect from the date of publication, unless stated otherwise.
Pending Points vs. Earned Points
There are currently three kinds of loyalty reward points in the Loyalty Program: Booking Points, Growth Points, and Earned Points. In addition, during the Waitlist Period you can obtain Waitlist Points that, subject to these Terms of Use, become Earned Points when you open your rewards account in the Loyalty Program. Booking Points, Growth Points, and Earned Points are not the same and have important differences. These Terms of Use refer to Booking Points and Growth Points collectively as “Pending Points.”
Pending Points are not redeemable unless and until they become Earned Points.
Booking Points
Each time you book a travel experience through the Max Platform, the Account Administrator will credit your Loyalty Program account with points that are not yet redeemable (“Booking Points”).
Pending Points, including Booking Points, are not redeemable unless and until they become Earned Points. Booking Points may, subject to these Terms of Use, convert into Earned Points (defined below) that you can redeem, as a way for rewarding your loyalty in booking travel through the Max Platform, for additional travel experiences.
The number of Booking Points you earn for each dollar you spend booking travel experiences through the Max Platform varies from experience to experience. Before you click to confirm a purchase to book a travel experience through the Max Platform, the purchase page will display the number of Booking Points you will receive when you click to confirm.
You will not receive Booking Points or any other rewards in the Loyalty Program for travel experiences you arrange or pay for away from the Max Platform. For example, you will not receive Booking Points for restaurant, spa, or other incidental charges you incur at a hotel during a stay even if you booked that stay through the Max Platform.
Growth Points
From time to time the Account Administrator may calculate and accrue to your Loyalty Program Account certain additional points for periods during which you wait to redeem your Earned Points (“Growth Points”).
Pending Points, including Growth Points, are not redeemable unless and until they become Earned Points. Growth Points may, subject to these Terms of Use, convert into Earned Points (defined below) that you can redeem, as a way for rewarding your continued loyalty as you decide when to redeem your Earned Points and what travel experiences to redeem them for.
Currently, the Account Administrator will accumulate Growth Points in your Loyalty Program account each day at the rate of 3% per year of your balance of Earned Points at the end of the previous day. The Account Administrator may change the rate at which Growth Point accumulate or end Growth Points at any time in its sole discretion.
The Account Administrator will not accumulate any Growth Points in your Loyalty Program Account for your balances of Waitlist Points, Booking Points or Growth Points. Rather, the Account Administrator will accumulate Growth Points in your Loyalty Program Account only for your balance of Earned Points.
Earned Points
The Pending Points you receive when booking a travel experience through the Max Platform become Earned Points on the first business day after the passage of 45 calendar days from when you complete the travel experience and check out of the hotel or other property where you stay.
If you received Pending Points for a refundable travel experience and canceled that travel experience, the Account Administrator will cancel those Pending Points. Pending Points that the Account Administrator cancels never become Earned Points.
Currently, the Account Administrator will convert Growth Points into Earned Points within one month of the Growth Points’ accrual. The Account Administrator determines whether to convert Growth Points into Earned Points and, if so, when to convert them in the Account Administrator’s sole and absolute discretion.
Although your Loyalty Program Account will accumulate fractions of Growth Points, the Account Administrator will convert only whole Growth Points to Earned Points. So, for example, if your Loyalty Program account has accumulated 100.6789 Growth Points at the time when the Account Administrator converts them to Earned Points, the Account Administrator will convert 100 Growth Points into Earned Points. The residual .6789 Growth Points will remain in your Loyalty Program Account and combine with additional Growth Points your Loyalty Program Accounts accumulates in the future.
As with Pending Points, you will not receive Earned Points for travel experiences you arrange or pay for away from the Max Platform. For example, you will not receive Earned Points for restaurant, spa, or other incidental charges you incur at a hotel during a stay you booked through the Max Platform.
In addition to Booking and Growth points converting to Earned points, there are many other ways you may earn Earned points. This may include, but is not limited too, promotions, incentives, shopping rewards or referring friends to join and book travel through Max Travel.
Earned Point Expiration
Earned Points will not expire so long as the Loyalty Program continues and the Account Administrator remains solvent.
Earned Point Cancellation
Notwithstanding anything to the contrary, Account Administrator may cancel your Earned Points at any time if Account Administrator suspects in its sole and absolute discretion that you have engaged in or aided fraud or other misconduct, including without limitation any breach of these Terms of Use, misconduct or inappropriate activity relating to the Max Platform.
Earned Point Redemption
You may redeem your Earned Points as a discount on the price of a travel experience equivalent to $0.01 USD for every Earned Point redeemed.
Loyalty Program Limitations and Disclaimers
Earned Points are not redeemable for cash or any fiat or virtual currency. Earned Points have no value apart from their use on the Max Platform in accordance with these Terms of Use.
You do not pay any consideration to receive Pending Points or Earned Points through the Loyalty Program. Rather, these kinds of points are loyalty rewards that the Account Administrator uses just to thank you for booking your travel experiences through the Max Platform and/or the Service.
Pending Points and Earned Points are not money, virtual currency, or deposits. The Loyalty Program does not entail Max Travel’s holding or managing any property on your behalf. As a result of accumulating Pending Points or Earned Points in the Loyalty Program you will not hold any lien or other security or property interest in any property of the Account Administrator. Pending Points and Earned Points are not transferrable. By using the Service, you agree not to attempt to sell or otherwise transfer any Pending Points or Earned Points. By using the Service, you acknowledge and agree that there is no secondary market or exchange for trading Pending Points or Earned Points and agree not to attempt to establish or operate any such secondary market or exchange.
By using the Service, you acknowledge that Max Travel is not chartered, registered, licensed, or regulated in any jurisdiction as a bank, trust company, money transmitter, stored value or prepaid access issuer, money services business, investment company, private fund, investment adviser, broker-dealer, or other form of financial institution.
Max Travel may modify or end the Loyalty Program at any time for any reason in its sole discretion. Your accumulation of Pending Points and/or Earned Points does not cause the Account Administrator to incur or issue any debt, promissory note, investment contract, security, or other financial obligation to you. Growth Points and resulting Earned Points are enhancements of rewards for your continued loyalty as you decide when to redeem. Your receiving Growth Points is not earning interest, and our rewarding you with Growth Points is not paying interest.
Notice of Certain Changes
Although the Account Administrator reserves the right to cancel or change the Loyalty Program at any time for any reason in its sole and absolute discretion, the Account Administrator intends to provide you with not less than 30 calendar days’ notice of any change to the Loyalty Program that will materially affect the ways in which you accumulate Pending Points or receive or redeem Earned Points.
Additional Terms and Conditions
Additional terms and conditions may apply to reservations; purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
Severability
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. In addition to any other rights or remedies available to Administrator, and without any liability to any user of the Administrator Service, Administrator, at its sole discretion may terminate or restrict any user's access to Administrator Services at any time and without notice.
Links to Third-Party Websites
The Max Platform may contain hyperlinks to websites operated by parties other than Administrator. Such hyperlinks are provided for your reference only. Administrator does not control such websites and is not responsible for their contents, commitments, or obligations. Administrator’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Exclusion of Warranty
ADMINISTRATOR AND THIRD PARTY SUPPLIERS AND DISTRIBUTORS DO NOT WARRANT THE QUALITY, ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE SERVICES, CONTENT OR DATA FOUND ON OR IN CONNECTION WITH THIS SERVICE.
Limitation Of Damages
THE DATA AND SERVICES PROVIDED BY ADMINISTRATOR ARE PROVIDED "AS IS." ADMINISTRATOR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DATA OR SERVICES PROVIDED BY ADMINISTRATOR OR A THIRD PARTY SUPPLIER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DISCLAIMS ALL IMPLIED WARRANTIES IN CONNECTION WITH SUCH DATA OR SERVICES. In no event shall Administrator be liable for any injury, loss, claim, damage, or any incidental or consequential damages (including, but not limited to lost profits or lost savings) arising out of or in any way connected with the use of any display or listing of any data on the Max Platform, or any failure or delay in updating or including any data on the Max Platform, or any use of or inability to use any data on the Max Platform (including, without limitation, the use of or inability to use Administrator for reservations or ticketing), or the performance or nonperformance by Administrator of any reservations or ticketing function, even if Administrator has been advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you. If, however, despite the exclusions contained in this paragraph, Administrator should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of Administrator described above, Administrator's liability shall not exceed the amount of any transaction fees and/or service charges paid by claimant to Administrator for the services and/or data with respect to which liability is found. All limitations of damage set forth in your ticket, including loss and/or damage to luggage or its contents, personal injury or death, are incorporated into this agreement by reference and any claims are subject to said laws or treaties.
Indemnification
YOU SHALL DEFEND AND INDEMNIFY ADMINISTRATOR AND THIRD-PARTY SUPPLIERS AND DISTRIBUTORS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION BROUGHT BY OR ON YOUR BEHALF IN EXCESS OF THE LIABILITY DESCRIBED HEREIN OR BY THIRD PARTY AS A RESULT OF YOUR USE OF THIS SERVICE. SUCH INDEMNIFICATION SHALL INCLUDE ALL REASONABLE EXPENSES, COSTS OF COURT AND REASONABLE ATTORNEYS FEES INCURRED IN CONNECTION WITH THE DEFENSE TO ANY CLAIMS DEFINED IN THIS PARAGRAPH. Administrator may at any time modify these Terms of Use and your continued use of this Service will be conditioned upon the terms and conditions in force at the time of your use.
Governing Law and Stipulation of Venue
The laws of Florida govern this agreement as between you and the Booking Administrator. The laws of California govern this agreement as between you and the Account Administrator. You hereby consent to the exclusive jurisdiction and venue of the State courts in Broward County, Florida, U.S.A., in all disputes between you and the Booking Administrator arising out of or relating to the use of the Booking Service. You hereby consent to the exclusive jurisdiction and venue of the State courts in the County of Los Angeles, California, U.S.A., in all disputes between you and the Account Administrator arising out of or relating to the use of the Booking Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.
You agree that any and all disputes or claims that have arisen or may arise between you and Administrator, and any third-parties related to your use of the Service, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND ADMINISTRATOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ADMINISTRATOR AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of these Terms of Use as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of subsection above of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief), shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice). The Notice to Booking Administrator should be sent to travel.win, LLC, c/o StrategySmith, PA, 401 East Las Olas Blvd., Suite 130-120, Fort Lauderdale, FL 33301. The Notice to Account Administrator should be sent to Max Travel, Inc., 11400 West Olympic Blvd., Suite 200, Los Angeles, CA, 90064. Administrator will send any Notice to you to the physical address we have on file associated with your booking Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Administrator or third-party are unable to resolve the claims described in the Notice within 30 Days after the Notice is sent, you or Administrator or third-party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. An arbitration involving the Booking Administrator shall be filed and held in Broward County, Florida, or at another mutually agreed location. An arbitration involving the Account Administrator shall be filed and held in the County of Los Angeles, California, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Administrator or third-party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Administrator or third-party subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Administrator or third-party may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or Administrator or third-party shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different of Administrator’s Users, but is/are bound by rulings in prior arbitrations involving the same of Administrator’s User to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules unless otherwise stated in this Agreement to Arbitrate. At your request, Administrator or third-party will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Administrator or third-party for all fees associated with the arbitration paid by Administrator or third-party on your behalf that you otherwise would be obligated to pay under the AAA's rules.
Severability
With the exception of any of the provisions in Arbitration subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Arbitration subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of these Terms of Service will continue to apply.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Administrator or third-party prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and any Supplier. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your account within the 30 day period, and you will not be bound by the amended terms.
Entire Agreement
These Terms of Use contain the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.
Travel Precautions
Please consult the travel advisory issued and updated by the U.S. State Department for information concerning any warnings or dangers associated with travel to a particular area. You are advised to contact the Center for Disease Control in Atlanta, concerning any required or suggested medical treatments to your selected destination(s). You agree to the payment terms and conditions when booking with Your credit/debit card, it will be charged the full cost of your reservation upon submitting Your reservation request. There are no changes or modifications that will be allowed, unless permitted in the disclosures at the time of booking. Additionally, no refunds will be given in the event of a no-show or day of check-in cancellation. If You change or cancel your booking You will not get a refund or credit to use for a future stay. This policy will apply regardless of COVID-19, pandemic, or any other cause, subject to any consumer protection laws applicable to Your transaction.
Terms of Use
Last updated October 30, 2023
Administrator (defined below) offers the Services (defined below) available through the Max Platform (defined below) to consumers under the following terms and conditions (these “Terms of Use”). Your use of the Services and/or the Max Platform (both defined below) constitutes your agreement to all these Terms of Use. By accessing the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Services. Each time you use the Services, the current version of These Terms of Use will apply. Accordingly, when you use the Services, you should check the date of this Policy (which appears at the top) and review any changes since you last reviewed it. Administrator (defined below) reserves any rights not expressly granted herein.
Ownership
The loyalty program technology you are using is a service provided exclusively by, and is the sole property of, Max Travel Inc. (“Account Administrator”). Account Administrator retains all rights to display content of the Booking Administrator (defined below) on this site, and all content is subject to any applicable federal and state laws governing copyrights, trademarks and service marks. These Terms of Use refer to the tracking of your travel booking, operation of the Account Administrator’s website and Android and IOS apps (collectively, the “Max Platform,” which connects you to the Booking Service), recording of your trips, calculation of your reward points (if any) under the Loyalty Program (defined below), maintenance of your rewards account, and redemption of your reward points (if any) under the Loyalty Program (defined below) for additional travel collectively as the “Account Service” or “Account Services.”
The online booking engine technology you are using is a service provided exclusively by, and is the sole property of, travel.win, LLC (the "Booking Administrator”) and their suppliers. Some of the static content and rates on this site are owned and managed by third party providers and distributors, collectively referred to as, "Suppliers.” Booking Administrator retains all rights to display Suppliers’ content and rates on this site, and all content is subject to any applicable federal and state laws governing copyrights, trademarks and service marks. These Terms of Use refer to the online booking engine for travel products including, but not limited to hotel accommodations, air travel, cruises, destination activities, and rental cars as the “Booking Service” or “Booking Services.”
These Terms of Use refer to either the Account Administrator and/or the Booking Administrator as “Administrator” and to either Account Services and/or Booking Services collectively as the “Service” or the “Services.” Whether “Administrator,” “we,” “us,” “our,” or “ours” refers to Account Administrator or Booking Administrator or both and whether “Service” or “Services” refers to Account Services(s) or Booking Service(s) in a particular context depends on which Services are at issue.
Limitations on Use of the Max Platform
As a condition of your use of the Max Platform and Service you warrant and represent to Administrator that you will not use the Max Platform or information, images or data on the website, for any illegal purpose, or for any purpose that is prohibited by this Agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from the Max Platform or Service.
Your Warranties to Administrator
You agree to use this Service to make only legitimate reservations or purchases and shall not use this Service to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use the Max Platform in accordance with the terms and conditions of this Agreement. You agree to be financially responsible for all uses of this Service as well as for the use of your name and credit card account to pay for products and services purchased at the Max Platform by members of your household, including minors living with you. You also warrant that all information supplied by you or members of your household in using the Max Platform and Service is true, complete, and accurate.
Right to Contact You
We may use the information that you provide to tailor our experience to you and your needs so that our Service becomes inherently more useful over time.
We may use your email address to give you updates on your future reservations, prior reservations and how our service is evolving, as well as to provide you with promotional materials and offers. It is our goal to have hotel and other promotions be useful and relevant to you, and we want them to become increasingly so over time.
Notwithstanding anything to the contrary, by signing up for any wait list or offer in connection with the Max Platform or Loyalty Program you authorize Account Administrator to contact you about developments relating to such waitlist or offer.
Reservation Type
Prepaid Reservation - Paid online at the time of booking. You agree that your credit card will be charged for the full cost of your reservation upon submitting your reservation request. The cost of your reservation is the total of the total for the products reserved during booking, plus an additional amount for the governmental fees/taxes, tax recovery charges, and our service booking fees. The tax recovery charge is assessed to recover the amount we pay to the service provider in connection with your reservation for sales and use, occupancy, room tax, excise tax, value added and other similar taxes, etc., and the balance of the additional amount is a fee we charge in connection with the handling of your reservation. We are not the vendor collecting and remitting said tax to the applicable tax authorities. The Suppliers bill all applicable taxes to us and we remit such tax directly to the Supplier. We are not a co-Supplier associated with the Supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. Our actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the property, automobile, etc. by our customer.
Payments
All bookings made will be charged in United States Dollars (USD). Booking Administrator will provide an estimate of local currency based on your language and your location chosen for this site. Prices are estimated based on published exchange rates in effect at the time of your booking, which may vary from when the charge appears on your account. Your card issuer may charge a foreign transaction fee and/or a currency conversion fee.
Please note that this is a United States of America based booking site and as such, the United States of America’s rules and regulations apply to any fees, charges and refunds.
Relationship
The relationship between the travel vendors supplying services, the Suppliers, Administrator, and you will be that of a travel provider, broker, and customer respectively, and none of the parties listed or any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
Refusal of Service
Administrator reserves the right to refuse service to anyone at our sole discretion so long as our refusal to provide service does not violate any applicable Federal or State Law, or local laws or regulation.
Cancellation
Administrator reserves the right to cancel our Service or Services at any time for any reason.
Customer Changes and Cancellations
You may not cancel or change your Prepaid Reservation unless otherwise stated in the specific terms associated with the inventory/product you agree to purchase/book. Some reservations may not be canceled and some cancellations or reductions in bookings may result in a cancellation/reduction fee. In addition, if you cancel or change your reservation after the cancellation policy period applicable to the product type you reserved, you may be subject to a charge based on the product type, tax recovery charges and service fees or greater penalties based on the terms of your reservation. Refunds may or may not be made for no-shows or early checkouts. See the cancellation policies and other terms and conditions for complete details. You agree to pay any cancellation or change fee that you incur. You agree to abide by the terms and conditions and cancellation policies imposed with respect to any booked reservation. Please review the terms and conditions associated with your reservation.
The Administrator reserves the right to cancel any booking suspected of being fraudulent. This includes, but is not limited to, bookings made with stolen or fraudulent credit/debit cards, points earned through deceptive means, or reservations made on behalf of someone else. This decision is at the sole discretion of the Administrator to ensure the integrity of our service and protect our partners from fraudulent activities.
Paid Subscriptions
The Administrator may offer paid subscriptions of the Max Travel app and service. Administrator reserves the right to change the price, features, benefits or even cancel a paid subscription tier at any time for any reason.
Although the Account Administrator reserves the right to cancel or change a paid subscription tier at any time for any reason in its sole and absolute discretion, the Account Administrator intends to provide you with not less than 30 calendar days’ notice of any change to any paid subscription that will materially affect it's features, benefits or availability.
Loyalty Program Terms and Conditions
The Account Administrator has established and administers a program whereby it currently and voluntarily offers you points that are redeemable for additional travel booked through the Booking Service as a way to reward you for your loyalty in choosing to use the Max Platform to arrange your travel experiences and referring your friends to us (the “Loyalty Program”).
No Loyalty Program Fee
The Account Administrator enrolls you in the Loyalty Program automatically when you establish an account on the Max Platform. There is no separate or additional fee or other charge to participate in the Loyalty Program we describe in these Terms of Use.
Subject to Change
Because the Loyalty Program is a voluntary way for the Account Administrator to thank you for your loyalty, the Account Administrator may change these Terms of Use or cancel the Loyalty Program at any time for any reason in its sole discretion. When we do, we will post the updated version on this page. We encourage you to read this page each time that you use our Services so that you will be aware of any changes, and your continued use of our Services shall constitute your acceptance of any such changes. Changes to these Terms of Use take effect from the date of publication, unless stated otherwise.
Pending Points vs. Earned Points
There are currently three kinds of loyalty reward points in the Loyalty Program: Booking Points, Growth Points, and Earned Points. In addition, during the Waitlist Period you can obtain Waitlist Points that, subject to these Terms of Use, become Earned Points when you open your rewards account in the Loyalty Program. Booking Points, Growth Points, and Earned Points are not the same and have important differences. These Terms of Use refer to Booking Points and Growth Points collectively as “Pending Points.”
Pending Points are not redeemable unless and until they become Earned Points.
Booking Points
Each time you book a travel experience through the Max Platform, the Account Administrator will credit your Loyalty Program account with points that are not yet redeemable (“Booking Points”).
Pending Points, including Booking Points, are not redeemable unless and until they become Earned Points. Booking Points may, subject to these Terms of Use, convert into Earned Points (defined below) that you can redeem, as a way for rewarding your loyalty in booking travel through the Max Platform, for additional travel experiences.
The number of Booking Points you earn for each dollar you spend booking travel experiences through the Max Platform varies from experience to experience. Before you click to confirm a purchase to book a travel experience through the Max Platform, the purchase page will display the number of Booking Points you will receive when you click to confirm.
You will not receive Booking Points or any other rewards in the Loyalty Program for travel experiences you arrange or pay for away from the Max Platform. For example, you will not receive Booking Points for restaurant, spa, or other incidental charges you incur at a hotel during a stay even if you booked that stay through the Max Platform.
Growth Points
From time to time the Account Administrator may calculate and accrue to your Loyalty Program Account certain additional points for periods during which you wait to redeem your Earned Points (“Growth Points”).
Pending Points, including Growth Points, are not redeemable unless and until they become Earned Points. Growth Points may, subject to these Terms of Use, convert into Earned Points (defined below) that you can redeem, as a way for rewarding your continued loyalty as you decide when to redeem your Earned Points and what travel experiences to redeem them for.
Currently, the Account Administrator will accumulate Growth Points in your Loyalty Program account each day at the rate of 3% per year of your balance of Earned Points at the end of the previous day. The Account Administrator may change the rate at which Growth Point accumulate or end Growth Points at any time in its sole discretion.
The Account Administrator will not accumulate any Growth Points in your Loyalty Program Account for your balances of Waitlist Points, Booking Points or Growth Points. Rather, the Account Administrator will accumulate Growth Points in your Loyalty Program Account only for your balance of Earned Points.
Earned Points
The Pending Points you receive when booking a travel experience through the Max Platform become Earned Points on the first business day after the passage of 45 calendar days from when you complete the travel experience and check out of the hotel or other property where you stay.
If you received Pending Points for a refundable travel experience and canceled that travel experience, the Account Administrator will cancel those Pending Points. Pending Points that the Account Administrator cancels never become Earned Points.
Currently, the Account Administrator will convert Growth Points into Earned Points within one month of the Growth Points’ accrual. The Account Administrator determines whether to convert Growth Points into Earned Points and, if so, when to convert them in the Account Administrator’s sole and absolute discretion.
Although your Loyalty Program Account will accumulate fractions of Growth Points, the Account Administrator will convert only whole Growth Points to Earned Points. So, for example, if your Loyalty Program account has accumulated 100.6789 Growth Points at the time when the Account Administrator converts them to Earned Points, the Account Administrator will convert 100 Growth Points into Earned Points. The residual .6789 Growth Points will remain in your Loyalty Program Account and combine with additional Growth Points your Loyalty Program Accounts accumulates in the future.
As with Pending Points, you will not receive Earned Points for travel experiences you arrange or pay for away from the Max Platform. For example, you will not receive Earned Points for restaurant, spa, or other incidental charges you incur at a hotel during a stay you booked through the Max Platform.
In addition to Booking and Growth points converting to Earned points, there are many other ways you may earn Earned points. This may include, but is not limited too, promotions, incentives, shopping rewards or referring friends to join and book travel through Max Travel.
Earned Point Expiration
Earned Points will not expire so long as the Loyalty Program continues and the Account Administrator remains solvent.
Earned Point Cancellation
Notwithstanding anything to the contrary, Account Administrator may cancel your Earned Points at any time if Account Administrator suspects in its sole and absolute discretion that you have engaged in or aided fraud or other misconduct, including without limitation any breach of these Terms of Use, misconduct or inappropriate activity relating to the Max Platform.
Earned Point Redemption
You may redeem your Earned Points as a discount on the price of a travel experience equivalent to $0.01 USD for every Earned Point redeemed.
Loyalty Program Limitations and Disclaimers
Earned Points are not redeemable for cash or any fiat or virtual currency. Earned Points have no value apart from their use on the Max Platform in accordance with these Terms of Use.
You do not pay any consideration to receive Pending Points or Earned Points through the Loyalty Program. Rather, these kinds of points are loyalty rewards that the Account Administrator uses just to thank you for booking your travel experiences through the Max Platform and/or the Service.
Pending Points and Earned Points are not money, virtual currency, or deposits. The Loyalty Program does not entail Max Travel’s holding or managing any property on your behalf. As a result of accumulating Pending Points or Earned Points in the Loyalty Program you will not hold any lien or other security or property interest in any property of the Account Administrator. Pending Points and Earned Points are not transferrable. By using the Service, you agree not to attempt to sell or otherwise transfer any Pending Points or Earned Points. By using the Service, you acknowledge and agree that there is no secondary market or exchange for trading Pending Points or Earned Points and agree not to attempt to establish or operate any such secondary market or exchange.
By using the Service, you acknowledge that Max Travel is not chartered, registered, licensed, or regulated in any jurisdiction as a bank, trust company, money transmitter, stored value or prepaid access issuer, money services business, investment company, private fund, investment adviser, broker-dealer, or other form of financial institution.
Max Travel may modify or end the Loyalty Program at any time for any reason in its sole discretion. Your accumulation of Pending Points and/or Earned Points does not cause the Account Administrator to incur or issue any debt, promissory note, investment contract, security, or other financial obligation to you. Growth Points and resulting Earned Points are enhancements of rewards for your continued loyalty as you decide when to redeem. Your receiving Growth Points is not earning interest, and our rewarding you with Growth Points is not paying interest.
Notice of Certain Changes
Although the Account Administrator reserves the right to cancel or change the Loyalty Program at any time for any reason in its sole and absolute discretion, the Account Administrator intends to provide you with not less than 30 calendar days’ notice of any change to the Loyalty Program that will materially affect the ways in which you accumulate Pending Points or receive or redeem Earned Points.
Additional Terms and Conditions
Additional terms and conditions may apply to reservations; purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
Severability
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth below, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect. In addition to any other rights or remedies available to Administrator, and without any liability to any user of the Administrator Service, Administrator, at its sole discretion may terminate or restrict any user's access to Administrator Services at any time and without notice.
Links to Third-Party Websites
The Max Platform may contain hyperlinks to websites operated by parties other than Administrator. Such hyperlinks are provided for your reference only. Administrator does not control such websites and is not responsible for their contents, commitments, or obligations. Administrator’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Exclusion of Warranty
ADMINISTRATOR AND THIRD PARTY SUPPLIERS AND DISTRIBUTORS DO NOT WARRANT THE QUALITY, ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE SERVICES, CONTENT OR DATA FOUND ON OR IN CONNECTION WITH THIS SERVICE.
Limitation Of Damages
THE DATA AND SERVICES PROVIDED BY ADMINISTRATOR ARE PROVIDED "AS IS." ADMINISTRATOR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DATA OR SERVICES PROVIDED BY ADMINISTRATOR OR A THIRD PARTY SUPPLIER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DISCLAIMS ALL IMPLIED WARRANTIES IN CONNECTION WITH SUCH DATA OR SERVICES. In no event shall Administrator be liable for any injury, loss, claim, damage, or any incidental or consequential damages (including, but not limited to lost profits or lost savings) arising out of or in any way connected with the use of any display or listing of any data on the Max Platform, or any failure or delay in updating or including any data on the Max Platform, or any use of or inability to use any data on the Max Platform (including, without limitation, the use of or inability to use Administrator for reservations or ticketing), or the performance or nonperformance by Administrator of any reservations or ticketing function, even if Administrator has been advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you. If, however, despite the exclusions contained in this paragraph, Administrator should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of Administrator described above, Administrator's liability shall not exceed the amount of any transaction fees and/or service charges paid by claimant to Administrator for the services and/or data with respect to which liability is found. All limitations of damage set forth in your ticket, including loss and/or damage to luggage or its contents, personal injury or death, are incorporated into this agreement by reference and any claims are subject to said laws or treaties.
Indemnification
YOU SHALL DEFEND AND INDEMNIFY ADMINISTRATOR AND THIRD-PARTY SUPPLIERS AND DISTRIBUTORS FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION BROUGHT BY OR ON YOUR BEHALF IN EXCESS OF THE LIABILITY DESCRIBED HEREIN OR BY THIRD PARTY AS A RESULT OF YOUR USE OF THIS SERVICE. SUCH INDEMNIFICATION SHALL INCLUDE ALL REASONABLE EXPENSES, COSTS OF COURT AND REASONABLE ATTORNEYS FEES INCURRED IN CONNECTION WITH THE DEFENSE TO ANY CLAIMS DEFINED IN THIS PARAGRAPH. Administrator may at any time modify these Terms of Use and your continued use of this Service will be conditioned upon the terms and conditions in force at the time of your use.
Governing Law and Stipulation of Venue
The laws of Florida govern this agreement as between you and the Booking Administrator. The laws of California govern this agreement as between you and the Account Administrator. You hereby consent to the exclusive jurisdiction and venue of the State courts in Broward County, Florida, U.S.A., in all disputes between you and the Booking Administrator arising out of or relating to the use of the Booking Service. You hereby consent to the exclusive jurisdiction and venue of the State courts in the County of Los Angeles, California, U.S.A., in all disputes between you and the Account Administrator arising out of or relating to the use of the Booking Service. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.
You agree that any and all disputes or claims that have arisen or may arise between you and Administrator, and any third-parties related to your use of the Service, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND ADMINISTRATOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ADMINISTRATOR AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
Arbitration Procedures
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator or arbitrators instead of a judge or jury, and court review of an arbitration award is very limited. However, the arbitrator(s) can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator(s) also must follow the terms of these Terms of Use as a court would. All issues are for the arbitrator(s) to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of subsection above of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief), shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute ("Notice). The Notice to Booking Administrator should be sent to travel.win, LLC, c/o StrategySmith, PA, 401 East Las Olas Blvd., Suite 130-120, Fort Lauderdale, FL 33301. The Notice to Account Administrator should be sent to Max Travel, Inc., 11400 West Olympic Blvd., Suite 200, Los Angeles, CA, 90064. Administrator will send any Notice to you to the physical address we have on file associated with your booking Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided including a description of the nature and basis of the claims the party is asserting and the relief sought. If you and Administrator or third-party are unable to resolve the claims described in the Notice within 30 Days after the Notice is sent, you or Administrator or third-party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's website at www.adr.org. An arbitration involving the Booking Administrator shall be filed and held in Broward County, Florida, or at another mutually agreed location. An arbitration involving the Account Administrator shall be filed and held in the County of Los Angeles, California, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Administrator or third-party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Administrator or third-party subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Administrator or third-party may attend by telephone, unless the arbitrator(s) require otherwise. Any settlement offer made by you or Administrator or third-party shall not be disclosed to the arbitrator(s). The arbitrator(s) will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different of Administrator’s Users, but is/are bound by rulings in prior arbitrations involving the same of Administrator’s User to the extent required by applicable law. The award of the arbitrator(s) shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules unless otherwise stated in this Agreement to Arbitrate. At your request, Administrator or third-party will pay as much of the filing, administration, and arbitrator fees as the arbitrator(s) deem necessary to prevent the cost of accessing the arbitration from being prohibitive. In the event the arbitrator(s) determine the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Administrator or third-party for all fees associated with the arbitration paid by Administrator or third-party on your behalf that you otherwise would be obligated to pay under the AAA's rules.
Severability
With the exception of any of the provisions in Arbitration subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Arbitration subsection of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of these Terms of Service will continue to apply.
Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Administrator or third-party prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and any Supplier. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms at least 30 days before the effective date of the amendments and by providing notice through email. If you do not agree to these amended terms, you may close your account within the 30 day period, and you will not be bound by the amended terms.
Entire Agreement
These Terms of Use contain the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing.
Travel Precautions
Please consult the travel advisory issued and updated by the U.S. State Department for information concerning any warnings or dangers associated with travel to a particular area. You are advised to contact the Center for Disease Control in Atlanta, concerning any required or suggested medical treatments to your selected destination(s). You agree to the payment terms and conditions when booking with Your credit/debit card, it will be charged the full cost of your reservation upon submitting Your reservation request. There are no changes or modifications that will be allowed, unless permitted in the disclosures at the time of booking. Additionally, no refunds will be given in the event of a no-show or day of check-in cancellation. If You change or cancel your booking You will not get a refund or credit to use for a future stay. This policy will apply regardless of COVID-19, pandemic, or any other cause, subject to any consumer protection laws applicable to Your transaction.
