TERMS AND CONDITIONS

Last updated: July 1,2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the Travel Warriors website (the “Service”) operated by TW TRAVEL, dba TRAVEL WARRIORS (“TRAVEL WARRIORS”) (“us”, “we”, or “our”).

TRAVEL WARRIORS requires that all the visitors to our Travel-Warriors.com site (the “Site”) adhere to the following terms of use, including the Privacy Policy set forth on our Site (the “Terms”). By accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions. If you do not intend to be bound by this agreement, do not access or use the Site. TRAVEL WARRIORS reserves the right, in its sole discretion, to update, revise or otherwise modify the Terms without notice or liability.

Laws and Regulations

Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.

Your Representations and Warranties

By using the Site, you represent and warrant that you are 18 years of age or older and possess the legal ability and right to enter into this agreement. You accept responsibility, financial and otherwise, for your use of the Site and uses of others on your behalf or with your consent. You represent that you will not allow any person to access your account through this Site unless such person is a member of your household or a person you directly supervise as part of your employment. You represent and warrant that you will not use this Site for any unlawful purpose or in violation of this agreement or access any information protected by log-in for any account other than your own without authorization from the owner of such account.

You represent and warrant that any information and/or material you post or provide to TRAVEL WARRIORS by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party’s rights and offered in good faith. You agree NOT to use the Site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of the Site.

Your Indemnity

As a condition of using this Site, you agree to indemnify, defend and hold harmless TRAVEL WARRIORS and its subsidiaries, affiliates, officers, directors, attorneys and agents, from and against any liabilities, expenses (including attorneys’ fees), and damages arising out of claims brought by you or a third party resulting from your use of the Site including, without limitation, any claims alleging your breach of this agreement, including infringement by you of any intellectual property rights of any person or entity.

Copyright and Trademarks

The trademarks, service marks and logos (“Marks”) displayed on the Site are the property of TRAVEL WARRIORS and other parties as indicated. You may not use any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of TRAVEL WARRIORS or such third party that may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright or other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or use any Content available on or through the Site for commercial or public purposes.

Hyperlinking

This Site may provide a link to other sites by allowing you to leave this Site to access third-party material or by bringing the third-party material into this Site (a “linked site”). TRAVEL WARRIORS has no discretion to alter, update, or control the content on a linked site. The fact that TRAVEL WARRIORS has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers or any content of such site. You should also be aware that the linked sites may contain different terms and conditions, privacy provisions, confidentiality provisions and other provisions. TRAVEL WARRIORS is not responsible for such provisions and expressly disclaims all liability related to them.

No Warranties

All content, products, and services on the site, or obtained from a linked site are provided to you “as is” and TRAVEL WARRIORS expressly disclaims any warranty of any kind or condition either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy and those arising by statute or otherwise. Altour does not warrant that any part of the Site, or any linked site, will operate uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or other harmful components or that transmission to or from the Site will be uninterrupted or error-free.

TRAVEL WARRIORS does not endorse and is not responsible for the accuracy, completeness or reliability of the content, data, or any opinion, advice or statement made through the Site, any content provided on linked sites or the capabilities or reliability of any product or service obtained from a linked site.

Other than as required under applicable consumer protection laws, TRAVEL WARRIORS will not be liable, under any circumstances, for any loss or damage caused by your reliance on information obtained through the site or a linked site, or your reliance on any product or service obtained from a linked site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, to evaluate any specific opinion, advice, product, service, or other content.

Limitation of Liability for Use of the Site and Linked Sites

The information, software, products and descriptions of services published on the Site or a linked site may include inaccuracies or typographical errors. TRAVEL WARRIORS specifically disclaims any liability for such inaccuracies or errors. ALTOUR does not warrant or represent that the content on the site is complete or up-to-date and is under no obligation to update any content.

You agree that TRAVEL WARRIORS, its affiliates and any of their respective officers, directors, employees, or agents will not be liable under any circumstance, including in the instance of TRAVEL WARRIORS’ negligence, whether in contract, tort, strict liability or otherwise, for any direct, indirect, punitive, special, consequential, exemplary or incidental damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the Site or a linked site, or with the delay or inability to use the Site or a linked site, even if TRAVEL WARRIORS is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses that may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnection problems, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure.

Confidentiality of User Communications

Except as required by law and in accordance with the Privacy Policy contained on our Site, TRAVEL WARRIORS will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to TRAVEL WARRIORS. You should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. TRAVEL WARRIORS is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Linked Internet Sites

TRAVEL WARRIORS prohibits unauthorized hypertext links to the Site and the framing of any content available through the Site for any purpose. TRAVEL WARRIORS reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site. Violations of system or network security may result in civil or criminal liability. TRAVEL WARRIORS reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.

Transmission of Personal Data

You acknowledge and agree that by providing TRAVEL WARRIORS with any personal or proprietary user information through the Site, you consent to the transmission of such personal or proprietary user information (including over international borders if applicable) as necessary for processing in accordance with TRAVEL WARRIORS’ standard business practices. You should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. TRAVEL WARRIORS is not responsible for such provisions, and expressly disclaims any and all liability related to them.

Violation of Rules and Regulations

TRAVEL WARRIORS reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to the Site.

Jurisdiction and Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California and applicable federal laws of the United States of America without regard to its conflict of law provisions. You also agree to the exclusive personal jurisdiction of the state and federal courts in Los Angeles County, California and waive any objections to venue due to inconvenient forum or on any other basis.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Other Terms

This agreement constitutes the entire agreement governing your access to and use of the Site. Any failure on TRAVEL WARRIORS’ part to assert any rights it may have hereunder shall not constitute a waiver of our right to assert or enforce any of our rights. If any provision of this agreement is deemed unenforceable or invalid, then such provision shall be stricken from this agreement without affecting the validity or enforceability of the remaining provisions.

Contract Electronically

You agree that the Terms, combined with your act of using the Site and/or the services offered on or through the Site have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable Statute of Frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms on the grounds that it was electronically transmitted or authorized.

Your Right to Prompt Refund in the Event of a Cancellation

Upon cancellation of the transportation or travel services, where you not at fault and have not canceled in violation of any terms and conditions previously clearly and conspicuously disclosed and agreed to by you, all sums paid to Travel Warriors for services not provided will be promptly paid to you, unless you advise Travel Warriors in writing, after cancellation. This provision does not apply where Travel Warriors has remitted the payment to another registered wholesale seller of travel or a carrier, without obtaining a refund, and where the wholesaler or provider defaults in providing the agreed-upon transportation or service. In this situation, Travel Warriors will provide the passenger with a written statement accompanied by bank records establishing the disbursement of the payment, and if disbursed to a wholesale seller of travel, proof of current registration of that wholesaler. If payment has been taken directly by a wholesaler or provider rather that remitted by Travel Warriors, Travel Warriors will request the appropriate refund from the provider.

California Travel Consumer Restitution Fund (TCRF)

For Passengers Purchasing in California:

This transaction is covered by the California Travel Consumer Restitution Fund (TCRF) if 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 Travel Warriors 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 Travel Warriors, 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 Travel Warriors for matters arising out of a 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.

For Passengers Purchasing from outside of California:

This transaction is not covered by the California Travel Consumer Restitution Fund.

Non-Solicitation

Any user of this Site shall not solicit, divert, take away or attempt to solicit divert or take away from, any of the business, customers, employees, agents or patronage of TRAVEL WARRIORS.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.