By establishing membership on the Trophy Trips Sites, or purchasing or using products or services through the Trophy Trips Sites, you acknowledge and agree as follows:
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Trophy Trips, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You shall establish and use your membership on the Trophy Trips Sites, and purchase and use the products and services available through the Trophy Trips Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Trophy Trips may be recorded.
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by Trophy Trips is located at [https://www.trophytrips.com/privacy]. You consent to any personal information we may obtain about you (either via the Trophy Trips Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. Trophy Trips may update its Privacy Notice from time to time in its sole discretion, and post an updated version of the notice at the website address provided above.
You may establish membership on the Trophy Trips Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms and Conditions (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Trophy Trips’ sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. We encourage you to review our Information Security Policy [https://www.trophytrips.com/security-policy] for information about some of the measures you may take to help protect your account, but we cannot guarantee that implementing such measures will ensure the security of the account or your information.
You shall not use Trophy Trips membership for any purpose competitive to Trophy Trips or its affiliates. You will notify Trophy Trips immediately by emailing email@example.com of any unauthorized use of your Trophy Trips membership or the Trophy Trips Sites known to you, whether by you or a third party.
Each membership shall be unique. You may not combine your membership booking with another person’s booking to create one reservation.
Trophy Trips may, in its sole discretion, choose to not process or to cancel your reservation in certain circumstances. This may occur, for example, when the booking you wish to reserve is no longer available or has been mispriced, we suspect the reservation request is fraudulent, or in other circumstances Trophy Trips deems appropriate in its sole discretion. Trophy Trips also reserves the right, in its sole discretion, to take steps to verify your identity to process your reservation. Trophy Trips will either not charge you or refund the Charges (as the term is defined in Section 14 of these Terms and Conditions) for reservations that we do not process or cancel.
In rare cases, a trip or event may be available when a customer places the order, but becomes unavailable prior to check-in. If this should occur, your sole remedy shall be to contact Trophy Trips to make alternative arrangements or to cancel your reservation.
Trophy Trips attempts to provide accurate descriptions of products and services on the Trophy Trips Sites. Certain products and services available on the Trophy Trips Sites may be designated “Trophy Trips Verified.” Trophy Trips does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free.
If you have any special requests in connection with your Trophy Trips itinerary, you must submit them on the Trophy Trips Sites at the time you book your reservation. We will pass along any requests we deem reasonable to the relevant service providers. We cannot guarantee, however, that the service providers will fulfill such requests, as such services or amenities may not be available. Trophy Trips is not liable for any failure to fulfill a special request, and no cancelation due to any special request not being met shall be allowed.
Trophy Trips does not accept booking requests conditioned or contingent on the fulfillment of a special request. We will deem any such booking a “regular” booking with the special request handled as specified in this Section 8.
Trophy Trips pre-negotiates certain rates with service providers to facilitate the booking of reservations on your behalf. Trophy Trips retains service fees as compensation for facilitating reservations, which vary according to the amount and type of reservation booked through Trophy Trips. The rates displayed on the Trophy Trips Sites reflect Trophy Trips’ pre-negotiated rates, which include the fees retained by Trophy Trips.
Trophy Trips strives to provide accurate pricing information regarding the products and services available on the Trophy Trips Sites. We cannot, however, insure against pricing errors or pricing changes. Trophy Trips reserves the right, at its sole discretion, to not process or cancel any bookings placed for a product or service whose price was (1) incorrectly provided as a result of an error, or (2) changed by the service provider. If this occurs, Trophy Trips will notify you by email and correct the pricing on the Trophy Trips Sites.
If additional charges apply to your booking (including but not limited to the addition of an extra traveler, resort fees or other taxes or incidentals), which charges you do not pay at the time of checkout on the Trophy Trips Sites, you will be responsible for paying these charges directly to the service provider.
Trophy Trips does not guarantee that it offers best available rates for products and services available on the Trophy Trips Sites.
Cancellations and changes to reservations made through one of our special offers or flash sales are not permitted. With respect to other services and reservations available on the Trophy Trips Sites, the rules and restrictions regarding your reservation, as described on the relevant site at the time you make the reservation, will specify whether you may be able to cancel or change your reservation. If a change to or cancelation of your reservation is permitted, you may be charged a cancellation or change fee. You agree to pay any cancellation or change fees that you incur.
To the extent you are eligible to cancel or change your reservation, such cancelation is subject to the property’s cancelation policy noted in your booking confirmation or otherwise provided to you. To the extent any credit or refund is due, such amount will be refunded to you in the original form of payment (i.e., either Trophy Trips credit or credited back to the payment card which we originally charged for your booking). All refunds will be paid in the currency in which you originally paid for the booking, as specified by Trophy Trips.
You may not sell, auction, barter or transfer your reservation to a third party. All trips must be taken in the name of the person that was indicated on the original booking.
Service providers may impose additional rules and restrictions on products and services available through the Trophy Trips Sites. Please read these additional terms and conditions carefully. By purchasing products and services through Trophy Trips you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies and use of fares, products or services. You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your reservation, in being denied access to the applicable travel products or services, in forfeiting any Charges (defined below) paid for such reservation, and in being charged by Trophy Trips for any costs we incur as a result of such violation.
The sales or other taxes charged in connection with your booking depend on the location of the event, property or service provider, any rules governing those service providers, or other requirements. Service providers may also charge service fees. You will be able to view the taxes and additional service fees included in a booking before confirming the booking.
Trophy Trips bookings do not include any incidental charges, expenses or services, except as specifically described in your itinerary. You are liable for any such incidental charges, expenses or services that you incur or consume during your trip.
ALL RESERVATIONS BOOKED THROUGH TROPHY TRIPS MUST BE PREPAID IN FULL. YOU AGREE TO PAY TO TROPHY TRIPS THE FEES, COSTS, EXPENSES AND OTHER CHARGES IN CONNECTION WITH YOUR RESERVATION (COLLECTIVELY, THE “CHARGES”). YOU ACKNOWLEDGE AND AGREE THAT THE CHARGES WILL BE BILLED TO YOUR PAYMENT CARD, OR THAT YOU WILL PAY THE CHARGES USING ANOTHER PAYMENT METHOD APPROVED BY TROPHY TRIPS.
GIVEN THE NATURE OF TRAVEL SERVICES, WE RECOMMEND THAT YOU OBTAIN INDEPENDENT INSURANCE TO PROVIDE ADEQUATE COVER FOR MEDICAL EXPENSES, PERSONAL ACCIDENT, LOSS OF BAGGAGE AND CURTAILMENT OR CANCELLATION OF YOUR TRIP. PLEASE NOTE THAT SUCH INSURANCE IS NOT INCLUDED WITH YOUR PURCHASE ON TROPHY TRIPS UNLESS YOU SEPARATELY PURCHASE SUCH INSURANCE ON THE TROPHY TRIPS SITES (WHERE AVAILABLE).
On certain of its Sites, Trophy Trips may offer members the ability to earn credits toward future purchases on the Trophy Trips Sites when they participate in certain referral and marketing promotions (“Referrals”). By inviting a referral to become a member of Trophy Trips, you represent that your friend has consented to being contacted by Trophy Trips. Trophy Trips will inform your referral that you have provided his or her email address to us for purposes of this contact. You may only earn credits via Trophy Trips’ authorized channels. Referrals outside of Trophy Trips authorized channels will not result in any Referral credit. You understand that Referral credit is not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires based on the terms of the specific Referral program. You will receive credit only if the referral you invite becomes a Trophy Trips member and books a trip through the Trophy Trips Site. If your referral does not follow the directions in an invite email, or if Trophy Trips determines that a Referral is not valid, you may not receive credit, or such credit may be removed from your account, and Trophy Trips will have no liability to you for your referral’s failure to follow directions. You agree that having multiple Trophy Trips accounts is a violation of these Terms and Conditions and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Trophy Trips’ Referral program system may, without limiting any other Trophy Trips rights or remedies, result in forfeiture of your membership and all Referral credits in your account. Trophy Trips reserves the right to void Referrals and credits earned if we suspect that the Referrals or credits were earned in a fraudulent manner, in a manner that violates these Terms and Conditions or in a manner otherwise not intended by Trophy Trips. You must not conduct your own promotion in connection with our Referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Trophy Trips, including by using any trademarks of Trophy Trips. Credits will appear in your account within approximately 24 hours of the qualifying event. Credits earned via Trophy Trips may only be used on the Trophy Trips Sites and may not be used toward the purchase of a Gift Card. Referral credits generally expire after one year, unless otherwise notified by Trophy Trips. Referral credits may be subject to certain sale restrictions or exclusions. Our Referral credit programs are void where prohibited by law. Trophy Trips reserves the right to terminate the Referral credit program at any time, and any credits accrued at that point will expire 60 days after we provide notice of the termination of the program. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that the statistics that Trophy Trips may choose to display may not be real-time or accurately reflect the credits you have actually earned. Trophy Trips will have no liability for any errors displayed in those statistics.
Terms regarding Gift Cards may be viewed by clicking [https://www.trophytrips.com/gift-card-terms]. If you need assistance with respect to a Gift Card, please call Customer Service at xxx-xxx-xxxx or email firstname.lastname@example.org
With respect to any content you submit or make available to Trophy Trips (other than personal information, which is handled in accordance with the Privacy Notice [https://www.trophytrips.com/privacy], including by not limited to endorsements or testimonials, you grant Trophy Trips a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Trophy Trips.
Notices hereunder shall be given in writing by fax, personal delivery, certified or registered or overnight or other courier or delivery service, addressed, in the case of Supplier, to its address indicated on the first page of this Agreement and, in the case of Trophy Trips, to [Address] Attn: Legal Department. All such notices shall be deemed to have been given and received (a) upon receipt if personally delivered or sent by certified or registered mail and (b) when delivery is confirmed if sent by fax or overnight or other courier or delivery service.
If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
You acknowledge and agree that Trophy Trips may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Trophy Trips membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at [https://www.trophytrips.com/terms-of-service]. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
Notwithstanding the expiration or earlier termination of your Trophy Trips membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
March 15, 2014.