TIY Travel Terms of Service
Last Modified: 2022, August 23rd
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the TIY Travel Platform, you agree to comply with and be bound by these Terms.
Please note: Section 17 of these Terms contains an arbitration clause and class action waiver that applies to all TIY Travel Travellers. It affects how disputes with TIY Travel are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Thank you for using TIY Travel!
These Terms constitute a legally binding agreement ("Agreement") between you and TIY Travel (as defined below) governing your access to and use of the TIY Travel website, including any subdomains thereof, and any other websites through which TIY Travel makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications (if any), and application program interfaces (collectively, "Application") and all associated services whether provided through the Site, email or any other method (collectively, "TIY Travel Services"). The Site, Application and TIY Travel Services together are hereinafter collectively referred to as the “TIY Travel Platform”. Our Payment Terms and Policies applicable to your use of the TIY Travel Platform are incorporated by reference into this Agreement and can be accessed via the TIY Travel Platform.
When these Terms mention “TIY Travel,” “we,” “us,” or “our,” it refers to the TIY Travel Corp., 225 Railway Street East, Suite 192, Cochrane, Alberta T4C 2C3.
Any and all payment processing services through or in connection with your use of the TIY Travel Platform ("Payment Services") are provided to you by TIY Travel or one or more TIY Travel entities (individually and collectively, as appropriate, "TIY Travel") as set out in the Payments Terms of Service ("Payments Terms").
Travellers (as defined below) alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Bookings (as defined below) and Services. In many countries, Travellers may have to meet certain criteria and requirements before travelling to such countries. Certain travel jurisdictions may be prohibited altogether. Penalties may include fines, detainment, inability to travel or traverse borders, or other enforcement. We may provide some information on the TIY Travel Platform to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Bookings, you should always seek legal guidance.
Table of Contents
Scope of TIY Travel Services
Eligibility, Using the TIY Travel Platform, Traveller Verification
Modification of these Terms
Terms specific for Travellers
Booking Experiences, Events and other Services
Booking Modifications, Cancellations and Refunds
Term and Termination, Suspension and other Measures
Applicable Law and Jurisdiction
1. Scope of TIY Travel Services
1.1 General. The TIY Travel Platform is a service that allows individuals (“Travellers” or “You”) and certain third parties on behalf of the Travellers to book accommodations, meals, transportation, activities, and other goods and services in connection with travelling (“Travel”) and other Services (“Bookings”) and to communicate and transact directly with Travellers that are seeking to book such Services. Travellers may use the Services for themselves or for the benefit of another third party, such as a minor child (Travellers, and any third party enrolled in Services by a Traveller for the third party’s benefit, that are using Services are also “Travellers” or, where applicable, “You”). Travellers may use the TIY Travel Platform to search for and make Booking requests. TIY Travel may from time to time directly facilitate Bookings between Travellers and third-party travel vendors, such as providers of Travel in relation to your Booking (“Travel Vendors”); provided that in some cases, TIY Travel may directly provide Travel or Services in relation to a Booking, in which case TIY Travel shall act as the Travel Vendor for the purposes of these Terms and the Terms shall apply with necessary variance in such cases. TIY Services may include the online or in-person offering of single or multi-day activities in various categories and subjects (“Experiences”), access to unique events and social activities (“Events”), and a variety of other educational, recreational or social gathering related services, including tours and excursions to various locations and areas (“Tours”, and together with Experiences and Events, the “Services”).
1.2 Travel Vendors. As the provider of the TIY Travel Platform and unless explicitly stated otherwise, TIY Travel does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Bookings or Services or any Travel Vendor. When Travellers make a Booking, they are entering into a contract directly with the Travel Vendors. TIY Travel is not and does not become a party to or other participant in any contractual relationship between Travellers and Travel Vendors, nor is TIY Travel a licensed travel agent or insurer. TIY Travel is not acting as an agent in any capacity for any Traveller, except as provided otherwise in these Terms or elsewhere.
1.3 No Guarantee. While we may help facilitate the resolution of disputes, TIY Travel has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Bookings or Services, (ii) the truth or accuracy of any Bookings descriptions or other Collective Content (as defined below), or (iii) the performance or conduct of any Traveller, Travel Vendor or third party. TIY Travel does not endorse any Travel Vendor, Bookings or Services. Any references to a Travel Vendor being "verified" (or similar language) only indicate that the Travel Vendor has completed a relevant process for ensuring the Travel Vendor exists and nothing else. Any such description is not an endorsement, certification or guarantee by TIY Travel about any Travel Vendor, including of the Travel Vendor's identity or background or whether the Travel Vendor is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to make a Booking, participate in any Services, or communicate and interact with other Travellers, whether online or in person. Verified Images (as defined below) and Promotional Materials are intended only to indicate a photographic or videographic representation of a Booking or Service at the time the photograph was taken, and are therefore not an endorsement by TIY Travel of any Travel Vendor or Bookings.
1.4 Your Relationship With Us. If you choose to use the TIY Travel Platform, your relationship with TIY Travel is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of TIY Travel for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of TIY Travel. TIY Travel does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of any Services. You acknowledge and agree that you have complete discretion whether to agree to provide Services or otherwise engage in other business or employment activities. Travellers and Travel Vendors are each responsible for their own performance.
1.5 Promoting TIY Travel. To promote the TIY Travel Platform and to increase the exposure of Bookings and Services to potential Travellers, Bookings and other Collective Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Travellers who speak different languages, Bookings and other Collective Content may be translated, in whole or in part, into other languages. TIY Travel cannot guarantee the accuracy or quality of such translations and Travellers are responsible for reviewing and verifying the accuracy of such translations. The TIY Travel Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 Third Party Services. The TIY Travel Platform may contain links to third-party websites, resources, services or products (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. TIY Travel is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by TIY Travel of such Third-Party Services. Goods and services provided by Travel Vendors may be subject to separate terms and conditions and liability waivers, as well as local laws and regulations.
1.7 Service Availability. Due to the nature of the Internet and telecommunication services, TIY Travel cannot guarantee the continuous and uninterrupted availability and accessibility of the TIY Travel Platform. TIY Travel may restrict the availability of the TIY Travel Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the TIY Travel Platform. TIY Travel may improve, enhance and modify the TIY Travel Platform and introduce new TIY Travel Services from time to time.
1.8.1 Assignment. All Travellers hereby assigns and transfer to TIY Travel any and all proprietary rights, including copyright, and waive all personal rights, which Traveller may have in these Promotional Materials. You further grant to TIY Travel the right to reproduce, use, exhibit, display, broadcast and distribute and create derivative works (“Displayed”) of these Promotional Materials in any media now known or later developed for promoting, publicizing or explaining TIY Travel and its activities and for administrative, educational or research purposes. You acknowledge that TIY Travel owns all rights to the images and recordings in any Promotional Materials, including any Promotional Materials Displayed by Travelers in any media.
1.8.2 Waiver. All Travellers hereby waive any right to inspect or approve the use of the images or recordings or of any written copy of any Promotional Materials. Travelers further waive all moral rights in any Promotional Materials. Travelers also waive any right to royalties or other compensation arising from or related to the use of the Promotional Materials. Travelers hereby release, defend, indemnify and hold harmless TIY Travel, its board of directors, officers, employees or agents from and against any claims, damages or liability arising from or related to the use of the Promotional Materials, including but not limited to claims of defamation, invasion of privacy, or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration or use in composite form that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution.
1.8.3 Requests to Omit. Travellers may by written notice to TIY Travel (“Request to Omit”) request that TIY Travel not disclose some or all personal identifying information (such as names, likeness, etc.) of the Traveller in Promotional Materials; provided that if a Traveler does not submit a Request to Omit prior to TIY Travel’s Display of any Promotional Materials, TIY Travel has the option in its sole discretion to choose whether or not to remove or take down such Displayed Promotional Materials.
2. Eligibility, Using the TIY Travel Platform, Traveller Verification
2.1 Eligibility. In order to access and use the TIY Travel Platform and make a Booking you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts. You must be of legal age to form a binding contract to register an account (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your parent or legal guardian to read these Terms and agree to them for you before they use the TIY Travel Platform for your benefit. If you are a parent or legal guardian and you provide your consent to your child's use of the TIY Travel Platform or any Services, then you agree to be bound by these Terms with respect to your child’s use of the TIY Travel Platform and any Services.
2.2 Export Control Laws. You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Additional Requirements. TIY Travel may make access to and use of the TIY Travel Platform, or certain areas or features of the TIY Travel Platform, subject to certain conditions or requirements, such as completing a verification process, submission of required information (such as passport and identification details), or cancellation history.
2.4 Identity Verification and Screening. For transparency and fraud prevention purposes, and as permitted by applicable laws, we may (i) ask Travellers to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Travellers, (ii) screen Travellers against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Traveller, obtain reports or request that you obtain report from public records of criminal convictions or an equivalent version of background checks in your local jurisdiction (if available).
2.5 Additional Terms and Policies. The access to or use of certain areas and features of the TIY Travel Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the TIY Travel Platform, each of which shall form part of these Terms hereof. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the TIY Travel Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
2.6 Google Maps/Earth. Some areas of the TIY Travel Platform may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
TIY Travel reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the TIY Travel Platform. Changes to these Terms shall be effective upon posting, and you understand and agree that if you use the TIY Travel Platform after the date on which the Terms have changed, TIY Travel will treat your access to or use of the TIY Travel Platform as acceptance of the revised Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. If you do not terminate your Agreement, your continued access to the TIY Travel Platform or use of TIY Travel Services will constitute acceptance of the revised Terms.
4.1 General. TIY Travel may, at its sole discretion, enable Travellers to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the TIY Travel Platform ("Traveller Content"); and (ii) access and view Traveller Content and any content that TIY Travel itself makes available on or through the TIY Travel Platform, including proprietary TIY Travel content and any content licensed or authorized for use by or through TIY Travel from a third party ("TIY Travel Content" and together with Traveller Content, "Collective Content").
4.2 Intellectual Property Rights. The TIY Travel Platform, TIY Travel Content, and Traveller Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Canada and other countries. You acknowledge and agree that the TIY Travel Platform and TIY Travel Content, including all associated intellectual property rights, are the exclusive property of TIY Travel and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the TIY Travel Platform, TIY Travel Content or Traveller Content. All trademarks, service marks, logos, trade names, and any other source identifiers of TIY Travel used on or in connection with the TIY Travel Platform and TIY Travel Content are trademarks or registered trademarks of TIY Travel in Canada and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the TIY Travel Platform, TIY Travel Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
4.3 Restrictions on Use of TIY Travel Content. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the TIY Travel Platform or Collective Content, except to the extent you are the legal owner of certain Traveller Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by TIY Travel or its licensors, except for the licenses and rights expressly granted in these Terms.
4.4 Your IP Usage Rights. Subject to your compliance with these Terms, TIY Travel grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the TIY Travel Platform and accessible to you, solely for your personal and non-commercial use.
4.7 Content Uploaded By You. You are solely responsible for all Traveller Content that you make available on or through the TIY Travel Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Traveller Content that you make available on or through the TIY Travel Platform or you have all rights, licenses, consents and releases that are necessary to grant to TIY Travel the rights in and to such Traveller Content, as contemplated under these Terms; and (ii) neither the Traveller Content nor your posting, uploading, publication, submission or transmittal of the Traveller Content or TIY Travel's use of the Traveller Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
4.8 Restrictions on Content Submissions. You will not post, upload, publish, submit or transmit any Traveller Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates these Terms or any other TIY Travel policy. TIY Travel may, without prior notice, remove or disable access to any Traveller Content that TIY Travel finds to be in violation of applicable law, these Terms or TIY Travel’s then-current Policies, or otherwise may be harmful or objectionable to TIY Travel, its Travellers, third parties, or property.
4.9 Respecting Copyrights. TIY Travel respects copyright law and expects its Travellers to do the same. If you believe that any content on the TIY Travel Platform infringes copyrights you own, please contact us.
5. Service Fees
5.1 Service Fees. When making Bookings, TIY Travel may charge fees to Travellers ("Service Fees") in consideration for the use of the TIY Travel Platform and TIY Travel Services. Service Fees will be added to the Total Fees (defined below) and charged to you as part of the Total Fees. You are responsible for paying any Service Fees (and any applicable Taxes) that you owe to TIY Travel. Except as otherwise provided on the TIY Travel Platform, Service Fees are non-refundable.
5.2 Total Booking Fees. When making a Booking the total fees charged by the Travel Vendor (the “Travel Fees”, and together with Service Fees and Taxes, the “Total Fees”), Services Fees and any applicable Taxes, will be presented to you as a grand total prior to confirming your Booking. Total Fees are subject at anytime to change based on tariffs, government fees, exchange rates, changes to Travel Fees and other adjustments. In some cases, TIY Travel may impose surcharges to your Bookings should the Total Fees change prior to your Booking’s start date due to inflation, costs of services, foreign exchange rates, or other factors.
5.3 Changes in Fees. TIY Travel reserves the right to change the Service Fees at any time. Such fee changes will not affect any Bookings made prior to the effective date of the fee change.
5.4 Corrections to Fees. TIY Travel reserves the right to make changes to and correct errors in quoted prices at any time before the start date of your Booking. TIY Travel will notify you in writing if there are any changes to your Total Fees outstanding, whether due to error or an adjustment under Section 5.2 of these Terms, and you agree to pay the same as if the corrected Total Fees were presented to you at the time of making your original Booking.
6. Terms specific for Travellers
6.1 Terms applicable to all bookings
6.1.1 Eligibility Requirements. Subject to meeting any requirements (such as completing any identification verification processes) set by TIY Travel and/or the Travel Vendor, you can start the Booking request process with TIY Travel by following the respective booking process on the Site and submitting all requesting information to TIY Travel, including your full name, residential address, residency status, passport details and any other information requested by TIY Travel from time to time. You must provide accurate, current and complete information during the registration process and keep your information up-to-date at all times. Failure to provide accurate, current and complete information may cause delay and disruptions to your use of any Bookings or Services, including inability to successfully travel or verify your identity to make use of any Services at your travel destination, or where TIY Travel cannot obtain any required information within a reasonable period of time, TIY Travel may cancel your Booking.
6.1.2 Deposits. Upon making a Booking request with TIY Travel, you will be required to pay a deposit before your Booking will be confirmed as further specified in our Additional Payment Terms. Once TIY Travel has had the opportunity to confirm your Booking by sending you a Booking confirmation, your deposit will be non-refundable. If TIY Travel, in its sole discretion, decides not to approve your Booking for whatever reason, your deposit will be refunded in full within the time periods specified in our Additional Payment Terms.
6.1.3 Binding Agreement. Upon receipt of your Booking confirmation from TIY Travel, a legally binding agreement is formed between: (i) you and TIY Travel for the booking portion of your Booking and (ii) you and your Travel Vendor for the Services portion of your Booking. All Bookings are subject to any additional terms and conditions of the Travel Vendors that apply to any Services that form part of your Booking, including in particular any applicable cancellation policy and any rules and restrictions specified by such Travel Vendors. TIY Travel will collect the Total Fees in accordance with these Terms and our Additional Payment Terms. For certain Bookings, Travellers may be required to pay in full or they may have the option to pay in multiple installments. Please see our Additional Payment Terms for more information on payment plans.
6.1.4 Additional Traveller Terms. If you make a Booking on behalf of additional Travellers, you are required to ensure that every additional Traveller meets any requirements set by the applicable Travel Vendor(s), and is made aware of and agrees to these Terms, any additional TIY Travel Terms (if applicable), and any terms and conditions, rules and restrictions set by the Travel Vendors. If you are creating a Booking for an additional Traveller who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in Services if (i) accompanied or authorized and enrolled by an adult who is responsible for them and can legally make decisions for their benefit and (ii) you agree to be bound by these Terms with respect to the minor’s use of the TIY Travel Platform and any TIY Services.
6.1.5 Co-Payment of Fees. TIY Travel may enable a Traveller who is making a Bookings on behalf of one or more additional Travellers (the “Organizer”) to split the payment of the Total Fees for an eligible booking on a pro-rata basis between the Organizer and at least one other Traveller (each a “Co-Payer”) (the “TIY Payment Service”). In order to participate in the TIY Payment Service, each Co-Payer must submit all relevant information as requested by TIY Travel and agree to be bound by these Terms. All payments via the TIY Payment Service are handled by TIY Travel and are subject to these Terms.
6.1.6 Failure to Pay. If TIY Travel has not received payment by the final due date in the Booking confirmation or as specified in these Terms and any additional TIY Travel terms, TIY Travel reserves the right to charge any Payment Method held on file or, where TIY Travel does not receive payment, to terminate the Booking, cancel your reservation, and impose a reasonable cancellation fee. Travellers that have failed to make payment when due shall not be entitled to any refund.
6.1.7 Confidentiality of Information. You are responsible for maintaining the confidentiality and security of any information you submit to TIY Travel, including information submitted on behalf of an additional Traveller, and may not disclose additional Traveller information to any third party. You must immediately notify TIY Travel if you know or have any reason to suspect that your information has been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your travel information.
6.1.8 Inclusions and Exclusions. All Services provided as part of a Booking are specific to each trip and are explicitly listed on your Booking confirmation. Anything not expressly listed on your Booking confirmation is not included in your Booking, and is solely the financial responsibility of the Traveller.
6.1.9 Optional Services. TIY Travel may from time to time offer optional Services (e.g., single room upgrades or optional Events), which are specific to each Booking. To participate in an optional Service, Travellers must specifically request and agree to any additional fees related to such optional Service and receive confirmation from TIY Travel in advance. Optional Services that are not included in your Booking confirmation do not form part of your Booking. You accept that any assistance given by TIY Travel or any Travel Vendor in arranging optional Services for you does not render TIY Travel liable in any way in relation to such optional Services. The contract for the provision of all optional Services will be between you and the provider of such optional Service. TIY Travel reserves the right to cancel or modify optional Services at anytime based on availability, local constraints, weather, and other unforeseen circumstances. If we cancel an optional Service, TIY Travel may on a case-by-case basis provide the Traveler with a refund. TIY Travel will not be liable to you for any losses associated with any changes to or cancellations of optional Services.
7. Booking Experiences, Events and other Services
7.1 Other Services. You should carefully review the description of any Services you intend to book to ensure you (and any additional Travellers you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Travel Vendor has specified in your Bookings. At your sole discretion you may want to inform the TIY Travel of any medical or physical conditions, or other circumstances that may impact your and any additional Traveller’s ability to participate in any Services; provided that TIY Travel may, but has no obligation to, share such information with the relevant Travel Vendor and TIY Travel does not assume any liability or responsibility for accommodating for your physical, medical or other health conditions. In addition, certain laws in the location of the Services may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in any Services.
7.2 Taking Instructions. Before and during any Services you must at all times adhere to TIY Travel’s instructions, if TIY Travel is providing the Service, or the Travel Vendors instructions, if a Travel Vendor is providing the Service.
7.3 Authorized Individuals Only. You may not bring any additional individuals to a Service unless such an individual was added by you as an additional Traveller or was listed as an authorized individual (such as a parent, emergency contact or designated pick-up person) during the booking process on the TIY Travel Platform. By booking a Service available for particular dates and times on the TIY Travel Platform (an “Instance”), you agree that only people who book through TIY Travel can attend that Instance of the Service. You further agree that you will not allow people to attend any Instance of your Service available on the TIY Travel Platform unless that person booked through TIY Travel (or was added as an additional Traveller when you originally booked through TIY Travel).
7.4 Risk Acknowledgement. When Booking Services, you must acknowledge and agree that (i) any risks inherent to the Service lies with you, (ii) you and all additional Travellers meet any requirements for participation, such as the minimum age, related skills, minimum sessions per week, minimum commitment period, level of fitness or other requirements, (iii) you and all additional Travellers agree to comply with any Travel Vendor’s safety requirements to participate in the Service (including dress codes, equipment, special certifications or licenses, etc.), and (iv) any other prerequisites requested by the Travel Vendor.
7.5 Responsibility for Services. Travel Vendors alone are responsible for the Services that they provide, as well as the health, safety and safeguarding of Travellers using the Services, and Travellers assume all risk of harm or injury to all Travellers participating in such Services. TIY Travel merely provides the TIY Travel Services and is not itself an operator or provider of Services. TIY Travel does not own, sell, resell, furnish, provide, manage and/or control any Services. TIY Travel’s responsibilities are limited to making the Bookings for Travel and Services available through the TIY Travel Platform.
7.6 Compliance with Laws. You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Service(s); and (iii) ensuring that your Bookings and/or provision of Services will not breach any agreement you may have with any third party.
7.7 Survival. If you or we terminate these Terms, the clauses of this section 7 that reasonably should survive termination of these Terms will remain in effect. When these Terms are terminated, you are not entitled to a restoration of your account (if your account is cancelled) or of the Traveller Content.
8. Booking Modifications, Cancellations and Refunds
8.1 Booking Modifications. Travellers are responsible for any modifications to a Booking that they make via TIY Travel ("Booking Modifications"), and agree to pay any additional fees and/or Taxes associated with such Booking Modifications. Please see our Additional Payment Terms for more information about Booking Modifications, our policies for initiating modifications, timelines for when you can or cannot modify a booking and any associated fees. All Booking Modifications are subject to TIY Travel’s Extenuating Circumstances Policy.
8.2 Cancellations. In certain circumstances, TIY Travel may decide, in its sole discretion, that it is necessary to cancel or postpone a pending or confirmed Booking and may in such instances initiate corresponding refunds. This may be for reasons set forth in TIY Travel’s Extenuating Circumstances Policy or (i) where TIY Travel believes in good faith, while taking the legitimate interests of all parties into account, this is necessary to avoid significant harm to TIY Travel, other Travellers, third parties or property, or (ii) for any of the reasons set out in these Terms. All refunds and/or travel credits issued by TIY Travel under these Terms or due to any extenuating circumstances are subject to the amount of Total Fees that can be recovered by TIY Travel from any applicable Travel Vendors. If TIY Travel is unable to recover any portion of a Booking, then TIY Travel may issue a partial refund after deducting any non-refundable amounts due to TIY Travel. TIY Travel may determine in its sole discretion whether to issue a refund or a travel credit.
8.3 Issues with Travel Vendors. If a Traveller suffers an issue with a Travel Vendor, the Traveller will have no recourse against TIY Travel and the Traveller must take up their issue directly with the Travel Vendor.
9. Payment Terms
9.1. Payment Services. TIY Travel utilizes a third-party payments services processor to facilitate the collection and remittance of any payments from and to Travellers. These payment services may include (if available) the following (collectively, “Payment Services”):
Collecting payments from Travellers (“Payment”), by charging the payment method associated with the Traveller, such as credit card, debit card, bank account or Stripe account (“Payment Method”);
Transferring payments to Travel Vendors or refunds to Travellers (“Payout”) to a financial instrument associated with the Traveller, such as a Stripe account, bank account or a debit card (“Payout Method”);
Payment processing services; and
Other payment related services in connection with any Services or Third-Party Services.
In order to use the Payment Services, you must be at least 18 years old, must have submitted all relevant information to TIY Travel in accordance with the Terms, and must keep your payment and personal information accurate and complete.
9.2. Your use of the Payment Services
9.2.1 TIY Travel Payment Services. By using the Payments Services, you agree to comply with these Terms. TIY Travel may: (i) temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services; and (ii) improve, enhance and modify the Payment Services and introduce new Payment Services from time to time.
9.2.2 Third Party Services. The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. TIY Travel is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by TIY Travel of those Third-Party Services.
9.2.3 Verification. You authorize TIY Travel, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). TIY Travel reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
9.2.4 Additional Terms. Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
9.3. General User Terms
9.3.1 Adding a Payment Method. When you add a Payment Method or Payout Method, you will be asked to provide billing information such as name, billing address, and financial instrument information either to TIY Travel or its third-party payment processor(s). You authorize TIY Travel and its payment service providers to collect and store your Payment Method information.
9.3.2 Payment Authorization. You allow TIY Travel to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Bookings.
9.3.3 Timing of Payment. TIY Travel generally charges the Total Fees to Traveller immediately upon the making any Bookings, unless TIY Travel has offered you alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be included in the Total Fees, as applicable, and you agree to pay such fees. Additional terms and conditions may apply for the use of an alternative payment option. If TIY Travel is unable to collect the Total Fees due, as scheduled, TIY Travel may cancel or terminate your Bookings with no refund or recourse.
9.3.4 Currency. TIY Travel will process each transaction in Canadian dollars. Please note that certain bank fees may apply to your payments and the amount listed on your card statement may be different from the amount shown on your account page. TIY Travel is not responsible for any such additional fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
9.3.5 Payment Restrictions. TIY Travel reserves the right to decline or limit payments that we believe (i) may violate TIY Travel’ risk management policies or procedures, (ii) may violate these Terms, (iii) are unauthorized, fraudulent or illegal; or (iv) expose you, TIY Travel, or others to risks unacceptable to TIY Travel.
9.3.7 Your Payment Method, Your Responsibility. TIY Travel is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
9.3.8 Failure to Make Payment. If TIY Travel is unable to collect your initial payment prior to the start date of your Booking, TIY Travel will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 72 hours of the notice or prior to the start date of your Booking, whichever is earlier. If you fail to complete the payment, you authorize TIY Travel to cancel the Booking on your behalf. You acknowledge that you may incur fees for cancellations.
9.4. Appointment of TIY Travel as Limited Payment Collection Agent
9.4.1 Each Traveller hereby appoints TIY Travel as a payment collection agent solely for the limited purpose of accepting and processing funds from Travellers and remitting them to any Travel Vendors.
9.4.2 Each Travel Vendor agrees that payment made by a Traveller to TIY Travel shall be considered the same as a payment made directly to the Travel Vendor, and the Travel Vendor will provide the goods or services purchased by the Traveller in the agreed-upon manner as if the Travel Vendor received the payment directly from the Traveller.
9.4.3 Upon a Traveller’s payment of the funds to TIY Travel, the Traveller’s payment obligation to the Travel Vendor for the agreed upon amount is extinguished, and TIY Travel is responsible for remitting the funds successfully received by TIY Travel to the Travel Vendors in the manner described in these Terms.
9.5 General Payment Terms
9.5.1 Fees. TIY Travel may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in these Terms and via the TIY Travel Platform.
9.5.2 Payment Authorizations. You authorize TIY Travel to collect from you amounts due pursuant to these Terms by charging the Payment Method associated with the relevant Booking, or any other Payment Method on file that you authorize when making a Booking (unless you have previously removed the authorization to charge such Payment Method(s)). Specifically, you authorize TIY Travel to collect from you:
Any amount due to TIY Travel (e.g., as a result of Bookings, modifications, cancellations, or other actions as a Traveller or user of the TIY Travel Services), including reimbursement for costs prepaid by TIY Travel on your behalf. Any funds collected by TIY Travel will set off the amount owed by you to TIY Travel and extinguish your obligation to TIY Travel.
Taxes, where applicable and as set out in these Terms.
Any penalties payable under these Terms, including any cost and expenses incurred in collecting such penalties.
Any service fees or cancellation fees imposed pursuant to these Terms.
In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to TIY Travel collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
9.5.4 Payment Processing Errors. TIY Travel will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you, so that you end up receiving or paying the correct amount. This may be performed by TIY Travel or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you. To the extent you receive any funds in error, you agree to immediately return such funds to TIY Travel.
9.5.5 Prohibited Activities. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations;
breach or circumvent any agreements with third parties, third-party rights, or these Terms;
use the Payment Services for any commercial or other purposes that are not expressly permitted by these Terms;
register or use any Payment Method or Payout Method with your TIY Travel account that is not yours or you do not have authorization to use;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TIY Travel or any of TIY Travel’ providers or any other third party to protect the Payment Services;
take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
9.5.6 Chargeback Policy. Charges made for any Bookings are non-refundable. You agree that if you make a payment by credit card, you will not cancel it, request a charge-back, or revoke the card, nor dispute the charge with the credit card company, or otherwise demand a reversal of the charges by the credit card company, unless such an agreement is prohibited by law. You agree to notify TIY Travel directly to dispute charges or terminate any Bookings. Subject to these Terms, TIY Travel will promptly refund any unused and undisputed balances to you. If you dispute the charges and cancel, revoke, or charge-back a charge on my credit card such that a fee, penalty, overdraft, or other unanticipated charge is posted to TIY Travel’s account, and it is later determined that the charge was properly authorized, you agree to pay all out of pocket fees and costs (including legal fees) incurred by TIY Travel as a result of the improper cancellation, revocation, charge-back or dispute.
10. Rounding off
TIY Travel generally supports payment amounts that are payable from or to Travellers to the smallest unit supported by a given currency (i.e., Canadian cents, U.S. cents or other supported currencies). Where TIY Travel’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, TIY Travel may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Travellers to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar or other supported currency); for example, TIY Travel may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
11.1 General. As Travellers you are solely responsible for determining your obligations to report, collect, remit or pay any applicable taxes or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
11.2 Tax Information. Tax regulations may require us to collect appropriate Tax information from Travellers, or to withhold Taxes from payouts to Travel Vendors, or both. If a Travel Vendor fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to the Travel Vendor, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
11.3 Remittance of Taxes. You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Booking is located may require Taxes to be collected from Travellers on Total Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Total Fees ("Bookings Taxes").
12. Prohibited Activities
12.1 General. You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the TIY Travel Platform. In connection with your use of the TIY Travel Platform, you will not and will not assist or enable others to:
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms or Policies;
use the TIY Travel Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies TIY Travel endorsement, partnership or otherwise misleads others as to your affiliation with TIY Travel;
use the TIY Travel Platform in connection with the distribution of unsolicited commercial messages ("spam");
unless TIY Travel explicitly permits otherwise, make any Bookings if you will not actually be using the Services yourself, except where the Services are being booked by you for use by an additional Traveller in accordance with these Terms;
contact another Traveller for any purpose other than asking a question related to your own booking, their Bookings, or the Traveller's use of the TIY Travel Platform, including, but not limited to, recruiting or otherwise soliciting any Traveller to join third-party services, applications or websites, without our prior written approval;
use the TIY Travel Platform to request, make or accept a booking independent of the TIY Travel Platform, to circumvent any fees or for any other reason;
request, accept or make any payment for Bookings Fees outside of the TIY Travel Platform or TIY Travel. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold TIY Travel harmless from any liability for such payment;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
engage in any violence, harassment or sexual misconduct against anyone;
misuse or abuse any Bookings as determined by TIY Travel in its sole discretion.
use, display, mirror or frame the TIY Travel Platform or Collective Content, or any individual element within the TIY Travel Platform, TIY Travel' name, any TIY Travel trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the TIY Travel Platform, without TIY Travel' express written consent;
dilute, tarnish or otherwise harm the TIY Travel brand in any way, including through unauthorized use of Collective Content, registering and/or using TIY Travel or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to TIY Travel domains, trademarks, taglines, promotional campaigns or Collective Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the TIY Travel Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by TIY Travel or any of TIY Travel' providers or any other third party to protect the TIY Travel Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the TIY Travel Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the TIY Travel Platform;
export, re-export, import, or transfer the Application except as authorized by Canadian law, the export control laws of your jurisdiction, and any other applicable laws; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
12.2 TIY Travel’s Rights. You acknowledge that TIY Travel has no obligation to monitor the access to or use of the TIY Travel Platform by any Traveller or to review, disable access to, or edit any Traveller Content, but has the right to do so to (i) operate, secure and improve the TIY Travel Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Travellers’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Traveller Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Travellers agree to cooperate with and assist TIY Travel in good faith, and to provide TIY Travel with such information and take such actions as may be reasonably requested by TIY Travel with respect to any investigation undertaken by TIY Travel or a representative of TIY Travel regarding the use or abuse of the TIY Travel Platform.
12.3 Reporting Abuse. If you feel that any Traveller or third party using the Services you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, (iii) engages in physical, sexual or emotional abuse, neglect or a risk of harm to another Traveller or a third party using the Services, (iv) you suspect of breaking any laws, or (v) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to TIY Travel by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
13. Term and Termination, Suspension and other Measures
13.1 Term. This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or TIY Travel terminate the Agreement in accordance with this provision.
13.2 Your Right to Terminate. You may terminate this Agreement at any time by sending us an email. If you terminate this Agreement, any confirmed Booking(s) will be automatically cancelled and Travellers will receive a refund only in accordance with our refund policy.
13.3 TIY Travel’s Right to Terminate. Without limiting our rights specified below, TIY Travel may terminate this Agreement for convenience at any time by giving you seven (7) days' notice via email to your registered email address.
13.4 Termination for Breach. TIY Travel may immediately, without notice, terminate this Agreement and/or stop providing access to the TIY Travel Platform if (i) you have materially breached your obligations under these Terms, the Additional Payments Terms or our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) TIY Travel believes in good faith that such action is reasonably necessary to protect the personal safety or property of TIY Travel, its Travellers, or third parties (for example in the case of fraudulent behavior of a Traveller).
13.5 Additional Remedies. In addition, TIY Travel may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Additional Payments Terms or our Policies , applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information regarding a Payment Method or Payout Method or during the TIY Travel Booking process or thereafter, (iv) you at any time fail to meet any applicable quality or eligibility criteria to make a Booking, (v) TIY Travel becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly failed to make payment when due or failed to respond to payment requests without a valid reason, (vii) for any amounts you owe under the Payment Terms that are overdue or in default, or (viii) TIY Travel believes in good faith that such action is reasonably necessary to protect the personal safety or property of TIY Travel, its Travellers, or third parties, or to prevent fraud or other illegal activity:
refuse to accept or delay acceptance of any Bookings and/or Services;
cancel any pending or confirmed Bookings;
limit your access to or use of the TIY Travel Services;
temporarily or permanently revoke you from making Bookings;
temporarily or in case of severe or repeated offenses permanently suspend your use of the TIY Travel Services and stop providing access to the TIY Travel Platform.
limit or temporarily or permanently suspend your use of or access to your Payment Services pursuant to the Payment Terms.
In case of non-material breaches and where appropriate, you may be given notice of any intended measure by TIY Travel and an opportunity to resolve the issue to TIY Travel' reasonable satisfaction.
Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.
13.6 Effect of Termination. If we take any of the measures described above (i) we may issue a refund to any affected Travellers in accordance with our refund policy for any and all confirmed Bookings that have been cancelled, irrespective of preexisting cancellation policies from the Travel Vendors, and (ii) you will not be entitled to any compensation for pending or confirmed Bookings that were cancelled.
13.7 Access and Use of Platform on Termination. When this Agreement has been terminated, you are not entitled to use the TIY Travel Platform or any TIY Travel Services. If your access to or use of the TIY Travel Platform has been limited or been suspended or this Agreement has been terminated by us, you may not access and use the TIY Travel Platform yourself or through an additional Traveller.
13.8 Survival. Sections 4 and 14 to 20 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the TIY Travel Platform, the Collective Content, any Services or make any Bookings, you do so voluntarily and at your sole risk. The TIY Travel Platform, the Collective Content, all Services offered through TIY and all Bookings is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the TIY Travel Services, your Bookings, laws, rules, or regulations that may be applicable to your Bookings and/or Services you are receiving and that you are not relying upon any statement of law or fact made by TIY Travel relating to a Booking and/or any Services you are receiving.
If we choose to conduct identity verification or background checks on any Traveller, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Traveller or guarantee that a Traveller will not engage in misconduct in the future.
You agree that some Bookings and Services, or the TIY Payment Service may carry inherent risk, and by participating in such Bookings or Services or enrolling a minor child to participate in such Bookings or Services, you choose to assume those risks voluntarily. For example, some Bookings and Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate, or to enrolling a minor child to participate, in those Bookings and Services. You assume full responsibility for the choices you make before, during and after your participation, or the participation of a minor enrolled by you, in a Service or the TIY Payment Service. If you are enrolling a minor to participate in any Bookings or Services, you are solely responsible for that minor child throughout the duration of any Bookings or Services and to the maximum extent permitted by law, you agree to release and hold harmless TIY Travel from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to you or that minor during the Booking or Services or in any way related to your Bookings or Services.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the TIY Travel Platform and Collective Content, making any Bookings via the TIY Travel Platform, use of any Bookings, participation in any Services, participation in the TIY Payment Service, or any other interaction you have with other Travellers whether in person or online remains with you. Neither TIY Travel nor any other party involved in creating, producing, or delivering the TIY Travel Platform, the Collective Content, or any Bookings or Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the TIY Travel Platform or Collective Content, (iii) from any communications, interactions or meetings with other Travellers or other persons with whom you communicate, interact or meet with as a result of your use of the TIY Travel Platform, or (iv) from your booking of a Booking, including the provision or use of a Booking or any Services by you, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not TIY Travel has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Travellers pursuant to these Terms, in no event will TIY Travel’s aggregate liability arising out of or in connection with these Terms and your use of the TIY Travel Platform including, but not limited to, from your booking of any Bookings via the TIY Travel Platform, or from the use of or inability to use the TIY Travel Platform or Collective Content and in connection with any Services, the TIY Payment Service, or interactions with any other Travellers, exceed the amounts you have paid or owe for bookings via the TIY Travel Platform as a Traveller in the twelve (12) month period prior to the event giving rise to the liability or one hundred Canadian dollars (CAD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between TIY Travel and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. This does not affect TIY Travel’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at TIY Travel’s option), indemnify, and hold TIY Travel and its affiliates and subsidiaries, including but not limited to, TIY Travel’s officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of the TIY Travel Platform or any TIY Travel Services, (iii) your, or anyone enrolled by you (if applicable), interaction with any Traveller, use of any Bookings, participation in any Services, participation in the TIY Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, use or participation, or (iv) your breach of any laws, regulations or third party rights.
17. Dispute Resolution and Arbitration Agreement
17.1 Overview of Dispute Resolution Process. TIY Travel is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals that bring any claim against TIY Travel: (1) an informal negotiation directly with TIY Travel, and (2) a binding arbitration administered by The ADR Institute of Canada, Inc. (“ADRIC”) using its Arbitration Rules (as modified by this Section 17).
17.2 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and TIY Travel each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact TIY Travel by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed in accordance with the Arbitration Rules (available at www.adric.ca/rules-codes/).
17.3 Agreement to Arbitrate. You and TIY Travel mutually agree that any dispute, claim or controversy arising out of or relating to these Terms, the Payment Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the TIY Travel Platform, the Services, the TIY Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and TIY Travel agree that the arbitrator will decide that issue.
17.4 Exceptions to Arbitration Agreement. You and TIY Travel each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
17.5 Modification to ADRIC Arbitration Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, TIY Travel agrees that any required arbitration hearing may be conducted, at your option, (a) in Toronto, Ontario; (b) in any other location to which you and TIY Travel both agree; (c) via phone or video conference; or (d) for any claim or counterclaim under $25,000, by using the Simplified Arbitration Rules of the ADR Institute of Canada, Inc..
17.6 Modification of ADRIC Arbitration Rules - Legal Fees and Costs. You and TIY Travel agree that TIY Travel will be responsible for payment of the balance of any initial filing fee under the AIDRIC Arbitration Rules in excess of $200 for claims of $50,000 or less. You may be entitled to seek an award of legal fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the Arbitration Rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, TIY Travel agrees it will not seek, and hereby waives all rights it may have under applicable law or the Arbitration Rules, to recover legal fees and expenses if it prevails in arbitration.
17.7 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
17.8 Jury Trial Waiver. You and TIY Travel acknowledge and agree that all arbitrable Disputes that may arise is likely to involve complicated and difficult issues and, therefore, we are each irrevocably and unconditionally waiving any right to a trial by jury as to all arbitrable Disputes. You acknowledge that you (a) have considered and understood the implications of this waiver, (b) have made this waiver knowingly and voluntarily, and (c) have been induced to enter into these Terms by, among other things, the mutual waivers and acknowledgements in this Section.
17.9 No Class Actions or Representative Proceedings. You and TIY Travel acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class Traveller in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all Disputes. Further, unless you and TIY Travel both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 17.9 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “representative proceeding” waiver in this Section 17.9 is held unenforceable with respect to any Dispute, that waivers may be severed from this Arbitration Agreement and you and TIY Travel agree that any representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
17.10 Severability. Except as provided in Section 17.9, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
17.11 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if TIY Travel changes this Section 17 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and TIY Travel (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and TIY Travel.
17.12 Survival. Except as provided in Section 17.10 and subject to Section 13.8, this Section 17 will survive any termination of these Terms and will continue to apply even if you stop using the TIY Travel Platform or terminate your use of the TIY Travel Platform and the TIY Travel Services.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the TIY Travel Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the TIY Travel Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
19. Applicable Law and Jurisdiction
The Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein without regard to conflict of law principles, and these laws apply to TIY Travel Platform, notwithstanding your domicile, residency or physical location. You hereby attorn to the exclusive jurisdiction of the courts of the Province of Alberta and all courts competent to hear appeals therefrom, unless we both agree to some other location. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
The TIY Travel Platform is intended for use only in jurisdictions where it may lawfully be offered for use.
20. General Provisions
20.1 Entire Agreement. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between TIY Travel and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between TIY Travel and you in relation to the access to and use of the TIY Travel Platform.
20.2 Relationship of Parties. No joint venture, partnership, employment, or agency relationship exists between you and TIY Travel as a result of this Agreement or your use of the TIY Travel Platform.
20.3 No Third-Parties. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
20.4 Severance. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
20.5 Waiver. TIY Travel’ failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
20.6 Assignment. You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without TIY Travel' prior written consent. TIY Travel may, at its sole discretion, without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder. Your right to terminate this Agreement at any time remains unaffected.
20.7 Notices. Unless specified otherwise, any notices or other communications to Travellers permitted or required under this Agreement, will be provided electronically and given by TIY Travel via email, TIY Travel Platform notification, or messaging service (including SMS).
20.8 Questions. If you have any questions about these Terms please email us.