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OnYourWay Traveler (“Company”) is an online based membership program known as “OnYourWay Traveler” that provides members with savings off retail prices for travel product or service (“Products”) offered on www.OnYourWay.com (“Website”). By submitting your Registration and Payment Information to be a OnYourWay Traveler Member (“Member” and “you”), you agree to abide by these OnYourWay Traveler Membership Terms and Conditions. Company reserves the right to change these OnYourWay Traveler Membership Terms and Conditions from time to time in its sole discretion without liability or penalty. Changes shall be effective immediately upon posting to the Website. Included in the OnYourWay Traveler Membership Terms and Conditions are the terms and conditions posted for each Product offered on the Website and those that are stated in purchase confirmations ("Product Terms").
Annual Access Fee. The Annual Access Fee you pay entitles you to access the Website for 365 days commencing on your registration date (“Effective Date”) or the anniversary of the Effective Date (each period is referred to as a “Year”), unless extended by Company in its sole discretion (“Annual Access Fee”). Once paid, no portion of the Annual Access Fee is refundable. Company reserves the right to increase or decrease the Annual Access Fee, in its sole discretion. You will receive a notice by electronic mail alerting you to the pending expiration of the current Annual Access Fee and the payment owed for the next Year.
Cancellation of Membership by Member. You have ten days from the Effective Date (or any anniversary of the Effective Date) to cancel your membership by sending an email to reservations@OnYourWaytraveler.com. If you timely cancel your membership, you will receive a full refund of any amounts received by Company for the Annual Access Fee in the same form as the payment. Provided, however, Company shall have the right to reimbursement from the refund for unpaid services used by Member. Member is not entitled to a refund of the Annual Access Fee after the ten day cancellation period.
Website and Products. Members in good standing shall be entitled to use the Website and purchase any of the Products offered on the Website. Company reserves the right to determine in its sole discretion the Products offered to Members on the Website and may, without prior notice and without liability or penalty, add, modify or discontinue third party vendors, providers and suppliers (collectively referred to herein as “Suppliers”). You acknowledge and agree that you have not purchased the membership in reliance on the inclusion of any specific Supplier or Product.
Product Terms. You shall be required to abide by the Product Terms established by Company and/or Suppliers and posted by Company on the Website. Product Terms, include without limit, mandatory taxes, charges and fees not included in the advertised prices, cancellation and refund policies, and check in-and check out time. Company will use commercially reasonable efforts to ensure that Product Terms are complete and accurate. However, Company does not warrant that the Products Terms will always be complete or accurate and shall be not be liable to Members for any direct or indirect losses incurred therefrom. Company reserves the right, in its sole discretion, to modify, alter or otherwise update the Product Terms at any time. Such modifications shall be effective immediately upon posting to the Website.
Reservations/Using Products. Products are offered on a live, real-time basis from a variety of Suppliers. Therefore, availability and pricing is not guaranteed until reservations are confirmed. Reservations must be made on-line through the Website. All reservations are filled on a first come, first serve, and space availability basis. The person named in the written confirmation must be present in order to check-in/obtain the goods or services.
Substitutions:In the event a Supplier or Product or is discontinued or changed, Company will use its best efforts to honor all confirmed and/or paid reservation. However, in the event a confirmed and/or paid reservation cannot be fulfilled for any reason, Company will provide a substitution of equal or greater value. If no substitution is available or if the substitution does not satisfy the Member, a full refund of the amount paid by the Member for the reservation will be issued. In no event will a refund exceed the amount paid by the Member to Company.
Administration and Fulfillment. Company is responsible for managing memberships, administering the Website and offering and fulfilling Products. Company reserves the right to contract with one or more third parties to perform its duties in its sole discretion. Company reserves the right, in its sole discretion, to add, remove or substitute Suppliers.
Member’s Representations. Member represents, warrants, and acknowledges that (i) Member is of legal age and has the capacity to acquire the membership and use the Products; (ii) the membership cannot be resold; (iii) Member must comply with the OnYourWay Traveler Membership Terms and Conditions (iv) Member will not initiate frivolous, unreasonable or fraudulent credit card chargebacks; and (v) Member shall be personally responsible for any damage to Supplier’s property.
Member Default.Any of the following shall be considered an “event of default” by Member: (a) any failure by Member to timely pay amounts due to Company; (b) falsifying Member’s Representations; (c) a material breach by Member of OnYourWay Traveler Membership Terms and Conditions. In an event of default, Company may terminate Member’s Website access, cancel reservations and/or retain the Annual Access Fee and any monies paid for reservations in addition to other remedies available to Company.
Membership is Non Transferrable.Member is prohibited from assigning or transferring the membership. Products are intended for the personal use of the Member and immediate family unless specifically authorized in writing by Company.
Applicable Law. Membership and the OnYourWay Traveler Membership Terms and Conditions are governed by the laws of the State of California. State and federal courts located in San Diego County shall have exclusive jurisdiction for any claims that arise between Company and Member. Company and Member hereby waive to the fullest extent permitted by applicable law any right they may have to a trial by jury with respect to any litigation directly or indirectly arising out of, under or in connection with this membership.
Cancellation of Membership by Company.In the event the Company terminates Member’s membership without an event of default by Member, Member’s sole remedy shall be a prorated refund of the Annual Access Fee paid to Company.
Limitation of Liability. Company shall not be liable for bodily injury, damage to personal property, theft of personal property, other damages, or losses (“Claims”) incurred by Member, Member’s family or Member’s companions caused directly or indirectly by the actions or omissions of any Supplier or by natural disaster, act of God, war, terrorism, or insurrection, absent direct causation. If Company is found to be liable in connection with any Claim, damages shall be limited to the amounts paid to Company by Member pursuant to the membership. In no event shall Company be responsible for any incidental, consequential, or special damages of any kind, including without limitation, lost opportunities, even if advised of the possibility of such damages in advance and regardless of the cause of action upon which any such claim is based.
Assignment.Company may assign all or any part of its/their right, title and interest in OnYourWay Traveler provided that such assignment shall not materially and adversely affect memberships. Upon any assignment to a third party, Company shall be completely released from all duties, claims, demands, or causes of action arising from or relating to the membership occurring after the date of such assignment.Entire Agreement. The Membership Terms and Conditions constitute the entire agreement between Company and you . No other representations, oral or written, may otherwise be relied upon by you.
Seller Of Travel
* Fla. Seller of Travel Reg. No.: ST37737
* WST: A23 0986 13
* Iowa TA: 103
* CST: 2099136-50
* Hawaii: TAR7224
* Transactions are covered by the California Travel Consumer Restitution Fund (TCRF) if the seller of travel was registered and participating in the TCRF at the time of sale and the passenger is located in California at the time of payment. Eligible passengers may file a claim with TCRF if the passenger is owed a refund of more than $50 for transportation or travel services which the seller of travel failed to forward to a proper provider or such money was not refunded to you when required. The maximum amount which may be paid by the TCRF to any one passenger is the total amount paid on behalf of the passenger to the seller of travel, not to exceed $15,000. A claim must be submitted to the TCRF within 12 months after the scheduled completion date of the travel. A claim must include sufficient documentation to prove your claim and a $35 processing fee. Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim. You may request a claim form by writing to: Travel Consumer Restitution Corporation; P.O. Box 6001; Larkspur, CA 94977-6001; or by visiting TCRC's website at: www.tcrcinfo.org.
* California law requires certain sellers of travel to have a trust account or bond. This business has a bond issued by International Fidelity Insurance Company in the amount of $5,000.00.
* Passengers purchasing travel services from outside of California are not covered by the Restitution Fund.
If you have any questions regarding the OnYourWay Traveler Membership Terms and Conditions or usage of the Website, please contact us by email at support@OnYourWaytraveler.com or mail to the address below.
2173 Salk Ave
Carlsbad, CA 92008