Legal | Mytours.Travel

1. Membership Program. ReserveX MYTOURS is a member-based travel service designed for booking multi-day tours, day activities and cruises for it's Members (“Experiences”). ReserveX MYTOURS may arrange other travel services subject to: (a) this Agreement; (b) the Booking Confirmation and other applicable terms and conditions for a Carrier and other Third Party Providers (the “Confirmation”), which may be provided to customers via a link on the MYTOURS website; (c) the pricing and programming set forth in the applicable Experience, package description (“Package Terms”); (d) all additional policies, rules, terms and conditions that are presented on the ReserveX MYTOURS’s website or mobile device application and any ticket or ticket-less authorization or confirmation (collectively, the “Program Rules”).

a. Term and Termination. You and ReserveX MYTOURS agree to the terms and conditions set forth herein, commencing on the date you are notified that you have been confirmed on an Experience (the “Commencement Date”) and shall continue until the completion of the Experience and subject to the booking and cancellation terms of the Supplier.
b. Membership Program. ReserveX MYTOURS may provide access to it's software, including applications, websites, social media, marketplaces, and integrated communication tools which form part of the Program, and are designed to enhance the user experience, communications, service optimization, functionality and logistics of the Program (“Software”). Your Membership account is included in the Software provided by ReserveX MYTOURS. Members can access and utilize the Program and Software only as stipulated and limited under the terms and conditions of this Agreement and any other Program Rules. Member represents that all information provided in the Membership application or Membership account is true, accurate, current, and complete. Member agrees to provide all security information requested by the Program Parties. Member further agrees that she or he will notify ReserveX MYTOURS of any substantive changes to the Member’s name, contact, payment, or other applicable information.
c. No Sales or Transfers. ReserveX MYTOURS Member Experiences are non-transferable. Member privileges cannot be loaned, shared, pledged, transferred, assigned, leased, sold to or used by any third party, except as specified in this Agreement.

2. Reservations. Members will have access to Program and Software for the purpose of booking an Experience. Prices are not guaranteed until the reservation is made and confirmed. All Experiences and s are subject to availability and are offered on a first-come, first-served basis.

3. Reservation Modification and Cancellation Policy. Members are permitted to change or cancel Experiences and subject to the specific booking and cancellation policies of each participating Supplier.

No refunds will be provided for any unused portion of an Experience, including if you leave the Experience for any reason, miss the departure date/time, or have to be removed from an Experience. There are no exceptions to this cancellation and refund policy, including for reasons related to weather, terrorism, civil strife, airline default, strikes, personal, family or medical emergencies, your decision to not to participate because of governmental/travel warnings or advisories or your locale, including World Health Organization warnings, or any other circumstances beyond our control. For this reason, we strongly suggest that you secure comprehensive trip cancellation and interruption insurance in order to participate in an Experience. We also highly recommend that you consider securing "cancel for any reason" travel insurance, which must be obtained soon after your first deposit is paid for your travels.

Our cancellation and refund policy takes into account the fact that we must advance to deposits to our suppliers for their services well in advance of trip departure dates and these advanced monies are often non-refundable. It also takes into account the time and expense we incur to organize and arrange your trip, which begin immediately at booking. If our supplier’s cancelation terms and policies are more strict than ReserveX MYTOURS’s, the suppliers terms and policies will supersede ReserveX MYTOURS’s and will be the responsibility of the Member.

a. Cancellations or Delay by Carrier or Third-Party Providers. ReserveX MYTOURS will arrange travel with Carriers or Third-Party Providers who will attempt to transport Members and their baggage promptly and as scheduled. Schedules, however, are subject to change without notice and the schedules, Experiences and s cannot be guaranteed by ReserveX MYTOURS. If ReserveX MYTOURS is made aware of these changes by a Carrier or Third-Party Provider, ReserveX MYTOURS will use reasonable efforts to promptly notify all affected Members, using the contact information provided by each Membership Agreement, of planned or unplanned schedule changes, change or cancellation of venues, and cancellations including, but not limited to, those due to weather. At times, without prior notice to Members’, a Carrier or Third-Party Provider may need to substitute aircraft, flight reservations, lodging, transportation and/or activities, or change Carrier or Third-Party Provider entirely, and may add or omit intermediate or connecting stops and other services. ReserveX MYTOURS cannot guarantee that Members will make connections to other Carrier flights, or those of other air carriers. ReserveX MYTOURS cannot guarantee that there will not be cancellations, changes or substitutions by Third Party Providers.
b. COVID-19: You understand that the World Health Organization has declared the novel coronavirus, also known as Covid-19 (“the novel coronavirus”), a pandemic. You understand that the novel coronavirus is believed to be spread by person-to-person contact, which includes touching a surface that has been contaminated by an infected person. You also understand that anyone could have the novel coronavirus but not show symptoms and that new strains may emerge that are more transmissible (e.g., omicron) or cause new or significant health problems. As a result, governments and health agencies at all levels of government (e.g., federal, state and local) recommend social distancing and have, in many locations, prohibited the congregation of groups of people. You understand that ReserveX MYTOURS cannot guarantee that you will not become infected with the novel coronavirus during an Experience even if precautions are taken, quarantined during the Experience, denied services by third parties or entry by governments, or otherwise detrimentally impacted by Covid-19. Further, you understand that participating in the Program, an Experience, s may expose or infect you or any minor in your custody or care. You understand that the risks relating to the novel coronavirus, including contracting the virus, are inherent in your participation in the Program, Experience and you assume those risks.
c. Liability Waiver and Release, Assumption of Risk, and Force Majeure. Neither ReserveX MYTOURS nor it's directors, officers, shareholders, representatives, employees, successors or assigns assume responsibility for (or can be held responsible for), and you agree to release, relieve and hold harmless and covenant not to sue ReserveX MYTOURS and it's directors, officers, shareholders, representatives, agents, employees, successors or assigns from any claim, action, cause of action, injury, loss or damage arising from or related to the actions or omissions of any Third Party Providers organizing, arranging, or supplying transportation, lodging, means or other goods or services; missed or delayed departures, arrivals or connections; missed or delayed ground transportation or car rental expenses; lost or stolen property, including but not limited to personal items or baggage; damage to or delay of baggage or other property; costs or expenses arising out of injury, accident or death; quarantine; pandemic, epidemic, sickness, illness, viruses, bites and stings from insects and pests; disturbances; governmental restrictions or regulations; inconvenience; disappointment or loss of enjoyment; loss of pay or business opportunity; equipment breakdown; airport closure; air traffic control restrictions; governmental action; strike or lockouts; war; terrorism; weather; acts of God or the public enemy; ReserveX MYTOURS’s negligent act(s) or failure to act; or any circumstances beyond ReserveX MYTOURS reasonable control that are not mentioned in this paragraph (all circumstances beyond ReserveX MYTOURS’s reasonable control are referred to as “Force Majeure”).
Assumption of Risk. Carriers and Third-Party Providers are neither agents nor employees of ReserveX MYTOURS. Members agree that ReserveX MYTOURS and it's respective affiliated companies and subsidiaries, and all of their respective members, managers, officers, directors, employees, insurance companies, successors in interest, commercial and corporate sponsors, representatives, and assignees (the “ReserveX MYTOURS Parties”) are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Carrier or Third Party Provider or for any personal injuries, death, property damage or the damages or expense resulting therefrom. Specifically, Member understands and agrees that the ReserveX MYTOURS Parties are not liable for any injury, damage, loss, expense, special or consequential damages, or any other irregularity caused by the defect of any aircraft, vehicle or conveyance, or the negligence of any company or person engaged in conveying the passenger, or carrying out the arrangements for Member’s trip or providing any partner benefits or by accident, delay, flight schedule, change, cancellation, sickness, weather, strikes, war, quarantine or any similar cause. ReserveX MYTOURS assumes no responsibility and all Members waive any claims against the ReserveX MYTOURS Parties, relating to or in connection with any transportation or parking that may be offered in connection with ReserveX MYTOURS Services. This includes any damage, loss or theft to a Member’s vehicle(s) and it's/their contents while parked in any parking area or otherwise in the care of any Third-Party Providers. ReserveX MYTOURS does not own or operate any aircraft on which the flights are performed and does not carry aviation insurance. Furthermore, policies of insurance are provided and administered by the respective Carriers and Third-Party Providers. It is the sole responsibility of a Carrier and Third-Party Providers to maintain liability insurance coverage. ReserveX MYTOURS assumes no liability for and makes no guarantees or warranties regarding Carrier or Third-Party Providers or effectiveness of their services and Member acknowledges that such benefits or services may change or end during the Program Term.

“Force Majeure” means any circumstances beyond our reasonable control, including without limitation acts of God, terrorist activities, insurrection, explosion, flood, tempest, forceful wind, fire or accident, war or threat of war declared or undeclared, sabotage, civil disturbance, labor strikes, requisition, sickness, quarantine, sickness, quarantine, pandemic, epidemic, diseases and viruses that are known, unknown or novel such as coronavirus/COVID-19 (including any spread thereof), foodborne, airborne, and communicable illnesses and disease, government intervention of any kind that affect domestic and/or international travel, government restrictions or warnings, diplomatic or health organization (e.g., World Health Organization) warnings, border closings, weather conditions, and unforeseen circumstances.

ReserveX MYTOURS strongly recommends Member purchase travel insurance, including Cancel for Any Reason coverage, for the total value of an Experience to help protect the Member from financial losses. Cancel for Any Reason Coverage must be obtained at the time of booking or within days of so it is critical that Members obtain this coverage at the time of booking and not delay.
d. Reservation Modification or Cancellation by ReserveX MYTOURS for Reasons not Due to Force Majeure. In the event ReserveX MYTOURS cancels any reservation, Experience or any other Services for any reason other than a Force Majeure event, you will receive a full refund of any payments made directly to ReserveX MYTOURS related to such reservation, Experience or Services. Such refunds will be made via the method used to make the original payment. All rights and privileges of Member are subordinate to the claims or liens of any debt, deed of trust, deed to secure debts, mortgage, lease or similar instrument, or other encumbrances encumbering ReserveX MYTOURS now or hereafter existing.
e. Reservation Modification for Cancellation by ReserveX MYTOURS Due to Force Majeure. Our policy is different for Force Majeure situations so please read the following carefully. No refunds will be provided if we cancel, alter, modify, postpone, or reschedule any trip for any reason, whether before or during your trip due to Force Majeure. We may, in our discretion without any requirement that we do so, use reasonable endeavors to reimburse you of any payments that you have made reduced by any and all non-refundable deposits and cancellation fees that we have paid to suppliers and other third parties to provide components of your trip. Our administration costs in planning your trip are not refundable because of the work involved in planning, booking and management of the Experience from the moment the Experience is booked. This fee is 5% of the trip cost (“Administration Fee”), and one that we cannot recuperate, again because the time and materials already invested in the trip.

4. Air Transportation Terms. ReserveX MYTOURS, as the Member’s agent, will develop and arrange Experiences. Member authorizes ReserveX MYTOURS to arrange air transportation services for Members.

a. Identification and Travel Documents. Members are required to comply with all Canada TSA regulations and other applicable government regulations and will be required to present valid identification prior to departure for all flights. A Carrier has the right to refuse boarding to any person without the required documentation or as a result of non-compliance with TSA or other government regulations without recourse or further obligation on behalf of Carrier or ReserveX MYTOURS. Proper identification may also be required by other Third-Party Providers in order to provide Services to you, as may be specified in the Package Terms. It is the responsibility of each Member to research and understand passport, visa and vaccination requirements Including documentation) as well as travel restrictions that may apply to each Experience, and it is not the responsibility of ReserveX MYTOURS to perform this research for the Member or to ensure that Member is in compliance. Any information provided to you is merely provided as a courtesy and it is your sole responsibility to ensure you have met all travel requirements for each destination in your itinerary. ReserveX MYTOURS is not responsible for delays, changes, or cancellation costs due to incorrect, incomplete or expired traveler documents. In the event that you must cancel, delay or reschedule your trip due to expired or missing travel documentation, you are responsible for all associated costs to rectify the situation. If you are unable to join your trip, you will not be reimbursed or refunded any amounts as per the cancellation terms listed in this document. ReserveX MYTOURS will have no financial responsibility should a Member fail to comply with prevailing travel restrictions.
b. Baggage and Personal Property. Baggage allowance will be subject to the Contract of Carriage for ReserveX MYTOURS and the Contract of Carriage for the Carrier, Third Party Providers venues. Carriers may have limitations regarding carry-on or checked luggage that are more restrictive than commercial airlines due to the nature of the cargo hold of the aircraft used for flights. Members must accompany the transportation of personal property on a flight. If baggage is overweight or oversized for the flight or transportation Carrier, ReserveX MYTOURS may refer the Members to the services of a third-party baggage shipping service for shipping of baggage to Member’s destination. Member is solely responsible for any third-party baggage shipping fees and agrees that ReserveX MYTOURS shall not be liable for the loss of or damage to such baggage while in the care, custody or control of Carrier or any Third-Party Providers venues or during transportation by any third-party shipping service. For commercial aviation travel, Members must comply with each individual airline’s baggage and personal property policy.
c. Additional Transportation and Parking. Members are responsible for charges associated with any transportation or parking not included in and additional to ReserveX MYTOURS’s Services. ReserveX MYTOURS assumes no responsibility for, and all Members waive any claims against ReserveX MYTOURS relating to or in connection with any additional transportation or parking that may be offered in connection with ReserveX MYTOURS Experiences s.

5. Third Party Provider Rules, Terms and Conditions. Your participation in the Experiences or Services is also subject to the terms and conditions established by the Third-Party Provider, as same may change from time to time. The Third-Party Provider terms and conditions contain significant agreements and you are hereby advised to read them carefully. In many cases, you will be required to sign terms and conditions with Third Party Providers for activities arranged by ReserveX MYTOURS.

6. Updating of this Agreement and Modifications by ReserveX MYTOURS. We may on occasion amend these Terms and reserve the right to update or alter these Terms at any time. ReserveX MYTOURS has the right to add, modify, suspend or eliminate the Program and any Membership Services, including Experiences, s, Carriers, flights, destinations, routes, types of aircraft used, and changes to or imposition of new fees or other charges for the Program or the Services, that are made available from the Program Parties and other related Services at any time with or without notice, in its sole discretion. ReserveX MYTOURS is not liable for any refunds or costs incurred by Member resulting from any such modification or cancellation.

7. Payment.

a. Supplier Fees. ReserveX MYTOURS will charge the Member credit card for any Third-Party fees related to deposit and final payment. All fees for Third Party Provider products or services purchased by a Member (“Third Party Fees“) are the responsibility of the Member.
b. Billing and Payment. You agree and authorize ReserveX MYTOURS to charge the credit/debit card or other payment system provided by the Member to ReserveX MYTOURS for all amounts due, including Experiences any Third-Party Fees and any applicable taxes and fees (altogether, the “Fees”). Experience are due to ReserveX MYTOURS on a schedule as set forth in the Package Terms or, if no schedule is specified, at the time of booking. Experience are not confirmed until you receive a confirmation email from ReserveX MYTOURS. Payment of the applicable Experience Fee, as applicable, is a condition precedent to ReserveX MYTOURS’s confirmation of your reservation. ReserveX MYTOURS reserves the right in its sole discretion and upon immediate notice to revoke or revise methods of acceptable payment of Fees. If Fees are paid via credit/debit card, Member agrees to provide ReserveX MYTOURS a valid credit/debit card and authorizes ReserveX MYTOURS to automatically charge Experience fees to the credit/debit card on file and on the payment schedule applicable to the Membership Program. Members shall provide new or updated credit card information promptly following expiration of the credit/debit card on file. Payments processed through any of the above methods will always be subject to the terms and conditions of the respective payment processing agencies, and any violation by Member of such terms and conditions can result in cancellation of Experience or Third-Party Services. ReserveX MYTOURS has no responsibility for payments transmitted in error, or payments that fail to transmit due to an omission, by a Member or any third party, and Member shall remain responsible for any unpaid Fees that result from Member’s non-payment due to an error or omission by Member or any third party. Any fees, assessments or other charges payable by Member in connection with Member’s use of services by payment processing agencies and based on form of payment used by the Member shall be the sole responsibility of the Member, and ReserveX MYTOURS shall have no liability for any such fees, assessments or charges.
You understand and agree to our refund and cancellation policy, and you agree not to employ a credit card’s chargeback policy to argue that you are due a refund in order to avoid our refund and cancellation policy or after we have provided services to you under this Agreement.
c. Taxes. You are solely responsible for payment of all taxes and fees as well as any additional charges imposed by any municipality, state, federal or other government authority in connection with your receipt of Experiences s and Services, including, for example, payment of all departure taxes, sales taxes or similar charges. In connection with processing all reservations for an Experience, a portion of the charge to your debit or credit card on file with ReserveX MYTOURS will include a charge for taxes and fees. This charge includes an estimate of the amount we pay to applicable federal, state, local or foreign taxing authorities in connection with your Experience, including but not limited to federal excise taxes on transportation, sales and use taxes, transient and/or hotel occupancy, room, excise, value added and/or other similar taxes. The amount payable to the applicable taxing authority in connection with your reservation may vary based on the jurisdiction in which the lodging and services are provided.

8. Electronic Communications and Signature.

a. Consent. Your Membership Program is administered electronically, and ReserveX MYTOURS may need to provide you with written communications by electronic means (“Electronic Communications”). By entering into this Agreement, you consent and agree to receive Electronic Communications from the Program Parties rather than in paper form, and to the use of electronic signatures in our business relationship with you. By agreeing to this Agreement, you agree to be bound whenever you click on an “Agree”, “Accept” or similar button on the ReserveX MYTOURS website, at which time a valid, binding and enforceable electronic contract will be formed. If you choose not to consent to receiving Electronic Communications or you withdraw your consent, you may be restricted from participating in the Program.
b. Electronic Delivery of Communications. All Electronic Communications may be delivered to the email address you provide in your Membership Program or we may post the Electronic Communications on ReserveX MYTOURS’s website. You agree that all agreements (including this Agreement, the Booking Confirmation and Package Terms), any other Program Rules, confirmations, terms and conditions, policies, notices, disclosures, receipts, modifications, amendments and other communications that ReserveX MYTOURS provides to you electronically satisfy any legal requirement that such Electronic Communications would satisfy if it were to be in a hardcopy writing. We may also use electronic signatures and obtain them from you. The foregoing does not affect your non-waivable rights.
c. System Requirements. To receive and access Electronic Communications, you will need the following: (i) a computer or mobile device with internet or mobile connectivity; (ii) access to the email address used to create your Membership Program; (iii) recent web browser that includes 256-bit encryption (recommended most recent versions of Mozilla Firefox, Apple Safari or Google Chrome); and sufficient storage space to save the Electronic Communications and/or a printer to print them.
d. Paper Delivery. If applicable law requires us to provide a paper copy of Electronic Communications, you may request a paper copy by submitting a non-electronic request to the address in the Contact Information section below, and we will provide such paper copies at no charge within fourteen (14) days of receipt. For the avoidance of doubt, requesting a paper copy of any Electronic Communication, in and of itself, will not be treated as withdrawal of consent to receive Electronic Communications.
e. Withdrawal of Consent. You may withdraw your consent to receive Electronic Communications at any time, by writing to the address in the Contact Information section below. However, withdrawal of your consent to receive Electronic Communications may result in termination of your Membership Program and further access to Services. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request, and ReserveX MYTOURS will confirm your withdrawal of consent and its effective date in writing (either electronically or in paper form). Withdrawal will not affect the legal validity and enforceability of prior Electronic Communications.

9. Rules and Enforcement of Membership Agreement. ReserveX MYTOURS reserves the right to suspend or terminate (at ReserveX MYTOURS’s option) a Membership if: (a) payments of Member Fees are not received on its due date; (b) if Member breaches any terms or conditions of this Agreement or other agreements incorporated herein by reference; or (c) ReserveX MYTOURS’s belief that a Member’s continued use of such Membership would violate any provisions of this Agreement or applicable law. Upon suspension for non-payment, Membership shall be suspended until such time as Member provides a valid payment method and all Fees owed to ReserveX MYTOURS have been received. If a Member is not permitted to participate in a purchased Experience due to a suspension, ReserveX MYTOURS, at its sole discretion, will determine whether a refund will be offered. Member understands and agrees that if the Membership is canceled due to Member’s breach of any terms or conditions of this Agreement or other agreements incorporated herein by reference, Member will lose all Program privileges, payments previously made for Experiences and/s, and forfeit any additional benefits that might be available to Member. In the event of a cancellation due to Member’s breach of any of the payment or other obligations of the Agreement, Member shall remain liable to pay any unpaid Fees, interest, late fees, costs and expenses. Except as expressly provided herein, Member agrees that he or she will not be entitled to a refund of the Fees or any portion of them, and will hold ReserveX MYTOURS harmless for the loss of Services, credits or any additional benefits.

a. Limitation of Liability. Member understands and agrees that ReserveX MYTOURS’s and the ReserveX MYTOURS Parties’ liability shall in any case be limited to the amount paid by Member to ReserveX MYTOURS. In addition, no claim will be considered by ReserveX MYTOURS unless written notice of such claim is presented to ReserveX MYTOURS within twenty-one (21) days after the occurrence of the event giving rise to the claim. No legal action on any claim described above may be maintained against the ReserveX MYTOURS Parties unless commenced within six (6) months of ReserveX MYTOURS’s written denial of a claim, in whole or in part. IN ALL CASES AND UNDER ALL CIRCUMSTANCES, THE ReserveX MYTOURS PARTIES SHALL NOT IN ANY EVENT BE LIABLE TO MEMBER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR NATURE INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, VALUE, REVENUE, BUSINESS OPPORTUNITIES, AND THE LIKE, UNDER ANY CIRCUMSTANCES OR FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, ANY DELAY OR FAILURE TO FURNISH ANY AIRCRAFT CAUSED OR OCCASIONED BY THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS OF CARRIER (REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY), EVEN IF DUE TO ReserveX MYTOURS’S NEGLIGENCE AND EVEN IF ANY SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITIES OF SUCH DAMAGES.
b. Specific Limitations for Baggage Claims on Private Charters Arranged by ReserveX MYTOURS. ReserveX MYTOURS personnel may assist with the handling of baggage on behalf of Members in connection with Member check-in. ReserveX MYTOURS will be liable for personal property only for the period in which it is in the custody of ReserveX MYTOURS. ReserveX MYTOURS’s liability, if any, for loss of or damage to baggage and its contents, with the exception of wheelchairs, mobility aids, and assistive devices used by an individual with a disability, is limited to the proven actual value of damage or loss, but in no event shall be greater than $200.00 per Member. In the case of loss of, damage to, or delay in delivery of baggage, no claim will be reviewed by ReserveX MYTOURS unless preliminary written notice of such claim is presented to a ReserveX MYTOURS representative in person within one (1) day after arrival of the flight on which the loss, damage, or delay is alleged to have occurred. The preliminary notice may thereafter be amended in writing; however, such amended claim must be presented to ReserveX MYTOURS no later than ten (10) days after the occurrence of the event giving rise to the claim. Failure to provide timely written notice will not bar a claim if the claimant establishes to the satisfaction of ReserveX MYTOURS that he or she was unable, through no fault or omission of the claimant, to provide notice within the specified time. ReserveX MYTOURS will compensate the Member for reasonable, documented damages incurred as a result of the loss of or damage to such items up to the limit of liability as set forth above, provided that the damage was caused by ReserveX MYTOURS or occurred while the baggage was in ReserveX MYTOURS’s sole custody, and the Member exercised reasonable effort to minimize the amount of damage, as determined in ReserveX MYTOURS’s discretion. Actual value for reimbursement of lost or damaged property shall be calculated as the lesser of the documented original purchase price of the items, less depreciation for prior usage, or the cost to make applicable repairs. In no event will ReserveX MYTOURS be liable for damage to bags arising from ordinary wear and tear or broken or damaged handles, zippers, snaps, flaps, rivets or wheels. While ReserveX MYTOURS will make reasonable efforts to return carry-on items that have been left onboard an aircraft, the ReserveX MYTOURS Parties assume no liability or responsibility for the loss of or damage to left carry-on items. If a wheelchair, mobility aid, or assistive device is lost, damaged, or destroyed while in ReserveX MYTOURS’s possession, the ReserveX MYTOURS Parties’ liability shall be the documented original purchase price of the wheelchair, mobility aid, or assistive device, without depreciation. Under no circumstances shall the ReserveX MYTOURS Parties be liable to any Member for any type of special, incidental or consequential damages related to the damage, loss or delay of baggage or personal property. For commercial air travel, whether arranged by ReserveX MYTOURS or by the Member, baggage claims are governed by each individual airline’s specific policy.
c. Disclaimer of Warranties. EACH MEMBER ACKNOWLEDGES AND AGREES THAT, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES CONTAINED IN THIS AGREEMENT AND IN THE TERMS AND CONDITIONS, IN EACH CASE AS AMENDED FROM TIME TO TIME: (I) NEITHER ReserveX MYTOURS NOR ANY OTHER PERSON ON ReserveX MYTOURS’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED; (II) ALL PROGRAMS, EXPERIENCES AND SERVICES ARE PROVIDED “AS IS”; AND (III) EACH MEMBER ACKNOWLEDGES AND AGREES THAT, IN DECIDING TO PURCHASE OR USE ReserveX MYTOURS SERVICES, HE, SHE, OR IT HAS NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR DISCLOSURE MADE BY ReserveX MYTOURS OR ANY OTHER PERSON ON ReserveX MYTOURS’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR IN THE TERMS AND CONDITIONS, IN EACH CASE AS AMENDED FROM TIME TO TIME. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ReserveX MYTOURS EXPRESSLY DISCLAIMS ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
d. Indemnification. You agree that if, despite this Agreement, you or anyone on your behalf make a claim against the ReserveX MYTOURS Parties relating to an Experience and/, you will indemnify and hold the ReserveX MYTOURS Parties harmless from any liability, demand, loss, damage, or costs which the ReserveX MYTOURS Parties may incur as the result of such claim.

10. Choice of Law; Arbitration. The ReserveX MYTOURS Software, your Membership, this Agreement, the Program Rules and any other policies, terms, conditions or agreements set forth by ReserveX MYTOURS will be governed in all respects by the laws of Alberta, exclusive of its conflicts of laws rules. Any dispute, controversy or claim arising under, out of, or in connection with the ReserveX MYTOURS website, your Membership Account, this Membership Agreement, an Experience, the Services and any other policies, terms, conditions or agreements, where such dispute has not been settled within thirty (30) days after written notice from either party to the other of the existence of the dispute, shall be resolved in its entirety by individual (not class wide or collective) binding arbitration in accordance with the following procedures, except that you or ReserveX MYTOURS may take claims to small claims court if they qualify for hearing before such court. You and ReserveX MYTOURS agree to waive the right to trial by jury. This agreement to arbitrate extends to claims that you assert against the ReserveX MYTOURS Parties. This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and ReserveX MYTOURS both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis. Arbitration shall be conducted in accordance with and subject to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then applicable. One arbitrator will be selected by the parties’ mutual agreement or, failing that, by the AAA, and the arbitrator will allow such discovery as is appropriate, consistent with the purposes of arbitration in accomplishing fair, speedy and cost-effective resolution of disputes. Any arbitration will take place in Calgary, Alberta and will be determined by a single arbitrator; provided, however, that upon request by either party, the arbitration may be conducted via telephone to the extent permitted. Payment of all filing, administration and arbitrator fees will be governed by the AAA rules. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Judgment on the award may be entered in any court of competent jurisdiction. The proceeding will be closed except to the parties, their attorneys, representatives, witnesses, and experts, all of whom must agree or have a duty to maintain the confidentiality of the dispute and its result, except as needed to implement the ruling.

11. General.

a. Privacy. ReserveX MYTOURS may be required to furnish Member data, such as name, date of birth, and passport information, to comply with national and international security requirements or rules of governing bodies. It may also be necessary for ReserveX MYTOURS to provide names of persons on a flight and other information to Carriers and Third-Party Providers providing services, and to governmental authorities. ReserveX MYTOURS may use Member information to perform criminal and other background searches of Member in connection with evaluating whether to accept or continue participation in the Program. For further information regarding ReserveX MYTOURS’s processing of your data and information, please reference ReserveX MYTOURS’s Privacy Policy which is available on ReserveX MYTOURS’s website at www.mytours.travel.
b. Appearance and Images Release. Member hereby grants ReserveX MYTOURS, its affiliates, licensees, successors and assigns, the right to use, publish, copy and reproduce, for all purposes and in perpetuity, Member’s name, picture in film or electronic (video) form, voice sound and video recordings, and printed and electronic copy of the information described above that is created while Member are participating in any aspect of the Program in any and all media including, without limitation, cable and broadcast television and Internet, and for exhibition, distribution, promotion, advertising, sale, press conferences, meetings, hearings, educational purposes and in brochures and other print media. This permission extends to all languages, media, formats and markets now known or hereafter devised whether in Canada or abroad. Member hereby waives the right to receive any payment for granting this release and waives the right to receive any payment for ReserveX MYTOURS’s, its affiliates, licensees, successors and assigns use of any of the material described above for any purpose authorized by this release. Member also waives any right to inspect or approve finished photographs, audio, video, multimedia, or advertising recordings and copy or printed matter or computer-generated scanned image and other electronic media that may be used in conjunction therewith and to approve the eventual use that it might be applied.
c. Assignment. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without ReserveX MYTOURS’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. ReserveX MYTOURS may assign this Agreement, without your prior consent. This Agreement will be binding upon Member’s heirs, executors, assigns, administrators, and other legal representatives, and will be for the benefit of ReserveX MYTOURS, its successors, and its assigns. There are no intended third-party beneficiaries to this Agreement, except as expressly stated. ReserveX MYTOURS and its authorized agents, representatives, vendors, successors or assigns may perform ReserveX MYTOURS’s obligations and exercise its rights hereunder.
d. Amendment; Entire Agreement. ReserveX MYTOURS may amend or modify this Agreement from time to time. Amendments will be effective upon ReserveX MYTOURS’s publishing of such amended or modified terms and conditions on its website and mobile device applications, or via email communication to Members. A Member’s continued access or use of the Software, Program or Services after such posting constitutes Member’s consent to be bound by the Agreement, as amended or modified. No agent or representative of ReserveX MYTOURS has authority to change or waive any provision of the Agreement unless authorized in writing by a corporate officer of ReserveX MYTOURS. The provisions of this Agreement shall survive termination of your Membership Agreement and any reservation an Experience or other Service. ReserveX MYTOURS’s website, this Agreement and any other Program Rules set forth by ReserveX MYTOURS in connection with your Membership Agreement or use of the Services constitute the entire the entire agreement between ReserveX MYTOURS and its Non-Members pertaining to the subject matter hereof.
e. Severability. If, for any reason, any portion of this Agreement is determined by a competent authority to be void or unenforceable, then (i) that portion will have no effect, (ii) the balance of this Agreement will remain in full force and effect, and (iii) this Agreement will be performed as though the stricken portion were replaced with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
f. Titles. Article titles and subheadings contained in this Agreement are inserted only as a matter of convenience and for reference. Such titles in no way define, limit, or describe the scope or extent of any provision of this Agreement.
g. Conflicts. In the event of a conflict between this Agreement, a Contract of Carriage, Package Terms, and the Program Rules specified on ReserveX MYTOURS’s website or mobile device application, precedence will be given in the order in which they are listed in this section and if there is more than one version of any that are applicable, the last in time.
h. Notice; Contact Information. Except in the case of an update of these Terms (which are governed by the terms above), ReserveX MYTOURS may give notice by means of a general notice through ReserveX MYTOURS’s website, email Member’s email address on record or by written communication sent to Member’s address on record.

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