Last updated November 12, 2022
HappiTravel ("HT") is a travel concierge and fulfillment service provider that assists individuals with searching and selecting information regarding travel carriers, travel areas, accommodations and services associated with travel, determining the availability and pricing of an array of travel-related products and services, making legitimate reservations, and otherwise transacting business with providers of accommodations, travel and transportation, tours, and other travel-related products and services ("HT Services"). HT licenses may be referred by Third Party Affiliates ("TPA") who are independent contractors and not agents, representatives or employees of HT. HT is a subscription-only service provider and does not market or sell its services to the public-at-large. HT is not an owner or provider of accommodations, is not a travel operator, transportation provider, common carrier, or tour operator. It is only an agent providing services and assistance for locating, selecting, booking and acquiring accommodation and travel-related products and services that are offered, booked and purchased on its Website or through its customer service agents.
The purpose of the Website is to assist Customers in gathering travel information, determining the availability of travel-related products and services, making legitimate reservations or otherwise transacting business with travel and accommodation suppliers, and for no other purposes. HT Services are provided by HT only to its Customers and Licensees who agree to this Customer Agreement (the "Agreement"). The HT Website and all HT Services are subject to this Agreement.
HT is provided by HappiTravel, LLC. The terms "HT", "Company", "we", "us", and "our" refer to HappiTravel, LLC, its subsidiaries and corporate affiliates, (collectively, the "HT Companies"). The terms "Customer", "Licensee", "you" or "your" refer to the customer visiting the Website, using HT Services, or acquiring travel-related products and services through the Website, or through our customer service agents.
Agreement between Customer and HT.
This Agreement constitutes an agreement between you and HT for a non-exclusive license to use the Website and HT Services offered and provided by HT. This Agreement applies to all Internet-based services and other HT Services. If you book, reserve, or purchase travel-related products or services offered on the Website, use the assistance of a HT customer service agent, or that have other terms accompanying those items, then those terms imposed by third party travel operators apply in addition to this Agreement. By using this Website and any other HT Services offered or provided by HT, whether separately or in conjunction with one another, you confirm that you have read, understand, and agree to the terms and conditions set forth in this Agreement. If you do not accept these terms and conditions, do not use this Website or any other Services offered or provided by HT.
This Website and HT Services are provided solely for the use of customers who have registered a HT account to use this Website and HT Services.
By accessing or using this Website, booking any reservations for travel products or services on this Website, contacting our call center agents, or otherwise using HT Services, you agree that the Agreement then in force shall apply. HT reserves the right to modify this Agreement. If you do not agree to the terms, please do not use or book any reservations through this Website or our call center agents.
You acknowledge that you have registered a HT account in order to gain license to use this Website and HT Services. Representations and acts of any TPA with whom you have done business are not the responsibility of HT. HT is responsible only for those statements that are made and published in its official written materials and website content which bear HT's name and logo. HT shall not be responsible for statements or representations made by any others in connection with the sale or purchase of a license or of any travel product or service which are not fully consistent with approved statements and representations made in HT's official literature and HT Website. Copies of all official written HT literature can be obtained from HT's websites, located at Happi.Travel and HappiTrips.com.
It is HT's policy that only you as a License may request travel services and quotes, book reservations, and purchase travel and accommodations through HT. This must be done only through HT's website or toll-free number. The Licensee must approve all travel and accommodations reservations before travel and accommodations are purchased. HT limits use of licenses to a single family in a single household, and only named Licensee may book and purchase travel and accommodations through HT.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that:
We retain the right at our sole discretion to deny access to anyone to this Website and HT Services, at any time and for any reason, including, but not limited to, for violation of this Agreement.
DURATION OF LICENSE
Unless otherwise expressly provided in writing approved by HT, your license to use the HT Website and HT Services is for a term not to exceed one (1) year. Upon pre-payment of a fee established in writing by HT, and provided that HT has not revoked your right to renew, you may renew your license to use the HT Website and HT Services for a price, duration and other terms and conditions offered in writing by HT.
USE AND LIMITATIONS OF LICENSE
You understand that travel and accommodations offered through HT's concierge services is time-sensitive and that prices for travel and accommodations can vary widely and depend upon a number of variables, including the season, date and time of booking, purchasing, and using the travel or accommodation product, the location, duration and quality of accommodations and travel provider, and whether the travel or accommodations are purchased at the time of booking or paid later. All rules, fees, and regulations governing travel and accommodations offered by HT are subject to change and HT may use outside resources or affiliates to provide services.
In order to gain access to the HT online reservation system you must submit your name and email address to register for a HT account; and further, submit your e-signature for this Agreement in order to complete the enrollment process and/or to secure reservations.
The benefits, uses, offerings and services of HT may vary, depending upon the particular type of account you registered or license that you purchased. You understand that no singular benefit or facet of a particular licensed benefit within HT should be relied upon to save, refund or return the purchase price of our License.
HT will exercise its best efforts to obtain the lowest published price at time of booking and purchase of specific travel products or accommodations but cannot guarantee that it will obtain the lowest price. Due to the highly competitive and rapidly changing nature of the travel and hospitality industries, HT cannot guarantee a specific quoted discount or price until the actual time of purchase by you. HT may add new benefits at any time, and may replace current vendors, products, or benefits as necessary. HT posts notice of its current benefits on its website.
You understand that HT will not resell for or repurchase this License from you.
You acknowledge that access to and use of HT's personalized concierge travel services in lieu of planning, booking and purchasing travel and accommodations on your own is a valuable service, even if you choose to not purchase travel or accommodations through HT.
You are purchasing this license provided by HT for the travel planning and booking services provided by HT and for access to accommodations and are not solely relying on the value of discounts as your reason for purchasing the License. You acknowledge and confirm that you understand that any savings that you receive from the License is dependent upon the nature, frequency and amount of travel and accommodation purchases that you make and market conditions over which HT has no control. You do not expect to recoup your License purchase price and/or annual dues through discounts alone since such discounts are dependent upon purchasing travel products offered in connection with your License.
You agree that you are not purchasing this license as a financial investment, but rather for our convenience, access to personalized travel booking and planning services offered by HT, and the opportunity to obtain discounted travel products and accommodations. You represent that the purchase of this License and compliance with HT's stated policies do not constitute a financial burden and certify that you are of legal age and otherwise competent to contract and that the purchase is your own free and voluntary act. You further certify that no duress or undue influence was used by HT or any other person to induce you to purchase a license.
You expressly acknowledge and agree that you have not received or relied upon any oral or written statement or image containing any statement or condition contrary to those made in writing in this Agreement or HT's website. No one has made any separate oral or written offers, promises, representations, agreements or warranties regarding the nature, characteristics, uses, benefits or obligations of a license in HT or use of its services that are material other than those contained in this Agreement and this Website. HT disavows and will not accept any effort or agreement to materially alter, delete, waive or otherwise change any disclosures, terms or conditions contained in this Agreement.
You understand that HT is an independently owned and operated corporation providing travel and accommodation advice, consultation, product and service offerings to eligible License(s). Any representations concerning HT are limited to the materials published and provided by HT on its website, HT publications, and this document. HT is not an agent for any affiliated groups, or any resort, hotel, condominium, common carrier or other travel group, and is not responsible for any representation or performance by any person or entity other than HT and its employees. HT has no responsibility or liability for any other product, program, package, or service offered by independent sales organizations as sales inducements or marketing programs. HT is a service organization whose objective is providing travel planning and booking services, access to accommodations and travel savings for persons who purchase its services and maintain active status by searching for the lowest rate at time of booking through various travel wholesalers and brokers available to HT. HT and suppliers do not guarantee that all of its prices will be the lowest prices. It is not responsible for, and shall not by its actions or lack thereof become responsible for, any act of God, terrorism, war, changes in routing, delays, lost or misplaced baggage, or other unforeseeable events while a Licensee is in transit or in use of affiliated properties. HT is not an exchange organization, travel broker, travel consolidator or buyer's club. HT is not an agent for any exchange company, but does have arrangements with, and access to, exchange companies, condominium owners, Homeowner's Associations, and vacation and travel organizations to book accommodations reservations.
You and HT agree that if any portion of this Agreement or term or condition of HT's license is found to be invalid, unenforceable, illegal or void for any reason, such provision shall be replaced with a provision that is valid, enforceable, and legal and which, to the greatest extent possible, provides the same rights, duties and/or obligations as were provided in the invalid, unenforceable, illegal and/or void provision. All other provisions of this Agreement shall continue to be enforced as written.
By accepting this Agreement, you agree that HT has no responsibility for any acts or omissions of the travel suppliers in your itinerary or any other party not under HT's control. HT has no special knowledge regarding the financial condition of the suppliers, unsafe conditions, health hazards or weather hazards at locations to which you may travel. For information about destination risks and foreign country entry requirements, consult the travel warnings section of the U.S. State Department at www.travel.state.gov. For health information, consult the Centers for Disease Control and Prevention at www.cdc.gov/travel. You are responsible for checking passport, visa, vaccination or other entry requirements of your destination.
You may register for a free HT account ("Membership"). Free HT accounts will be able to explore the HT website and book travel at the published wholesale rate. You must upgrade your Membership and purchase a full license in order to access the lowest "HappiPrice" rate or other platform features.
You may upgrade your free Membership for access to lower travel rates and/or system features by paying the applicable fee ("Membership Fee") posted on our website for the upgrade. The Membership Fee will automatically renew and be charged to you at the amount and interval displayed. Your paid Membership shall remain in effect until (i) terminated by you using the online cancellation function in your account management area or by sending, in writing, notice of cancellation of your Membership to HappiTravel by certified mail to 2120 S Reserve #364, Missoula, MT 59801 or by email to [email protected] or (ii) terminated by HappiTravel by sending in writing, notice of cancellation of your Membership to you by email to the email address held on file for you at the date of the notice. Notice to HappiTravel must include your signature, printed name, address, and email address associated with your Membership account. Your Membership will also be terminated with immediate effect if you stop payment of the Membership Fee or if any of the information provided by you through the enrollment process is found to be false, inaccurate or fraudulent. Notice of cancellation must be received by HappiTravel at least five (5) business days prior to the scheduled charging date of your payment account. If a cancellation notice is received fewer than five (5) business days prior to the scheduled charging date, cancellation will become effective in the interval following the term in which the notice of cancellation is received by HappiTravel. Termination by either party shall terminate your use of the Membership and access to the HappiTravel websites and mobile applications with effect from the next scheduled payment charging date.
HappiPoints are digital credits you can earn, when available, by booking certain HappiTrips. The number of HappiPoints you'll receive varies as listed on the detail page for each trip. Not all trips include the ability to earn HappiPoints. You must have a paid Membership in good standing in order to be eligible to earn HappiPoints. HappiPoints have no cash value and are not transferrable in any way. You can redeem your HappiPoints towards future HappiTrips booked through our website. HappiPoints earned from a reservation cannot be redeemed or used towards the cost of that same reservation. They cannot be used as payment for any other obligation to us or any supplier outside of the HappiTrips booking process itself.
When you book a HappiTrip that allows you to earn HappiPoints, they will be initially listed in your account as pending. HappiPoints are released to you and become available to use towards future trips at some point after you have completed travel for the trip from which they were earned. This period of time varies, but is typically within 90 days of completed travel. Once they are released the HappiPoints will show up in your account as available and can be redeemed towards any available HappiTrips listing. In the event you cancel your HappiTrip reservation, you fail to complete payment, or chargeback your payment any HappiPoints associated with that trip will be immediately removed from your account.
When you redeem HappiPoints towards a HappiTrip reservation they will be immediately removed from your available balance upon confirmation of the reservation. In the event you cancel your HappiTrip reservation, you fail to complete payment, or chargeback your payment any HappiPoints you redeemed towards that trip are non-refundable and will be forfeited. You can earn HappiPoints when booking a qualifying trip which are added to your pending balance at the same time you are redeeming available HappiPoints towards that trip.
The number of HappiPoints, if any, you can earn by booking a HappiTrip is subject to change at any time. The ability to earn and redeem HappiPoints is offered at our sole discretion. We reserve the right to alter or waive any related feature or benefit prospectively or retroactively, including, without limitation, Membership fee requirements, HappiPoint accrual or redemption criteria, or to cancel or temporarily suspend the HappiPoints program at any time without prior notice. Any such modifications and/or termination may reduce or eliminate your accrued HappiPoints entirely. We reserve the right to make appropriate changes to any accrued HappiPoints reward at any time. For example, if you are able to redeem more HappiPoints than you have appropriately accrued due to a system or technological failure or malfunction or for any reason whatsoever, you agree that we may correspondingly reduce the number of HappiPoints posted to your balance to adjust for such excess redemption. If changes caused by one of our suppliers or by our own internal error results in the HappiPoints that were advertised for a trip being reduced the amount of HappiPoints that are released to your account may be less than was initially advertised.
There is no maximum number of HappiPoints you can accumulate, however HappiPoints expire 12 months after they are released to you and become available for use. Both pending and available HappiPoints will immediately expire in the event your Membership renewal payment fails or is not received. Once HappiPoints expire they are permanently forfeited and cannot be returned to your account. If your payment for your Membership upgrade/renewal or trip reservation payment has any fraud or abuse related issues, we reserve the right to prohibit you from redeeming previously accrued HappiPoints. If you violate any of the terms of this Agreement you will immediately forfeit all HappiPoints in your account and we reserve the right to approve, deny, or revoke participation in earning or redeeming HappiPoints for any reason whatsoever. The ability to earn and redeem HappiPoints is void where prohibited by federal, state, or local law.
PREPAID HOTEL RESERVATIONS
You acknowledge that HT pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations. You also acknowledge that HT provides you services to facilitate such booking of reservations for paid consideration (the "facilitation fee"). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by HT and the facilitation fee retained by HT for its services. You authorize HT to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, the facilitation service fee, and where applicable, taxes on HT's services ("the total reservation price"). You agree that your credit card will be charged by HT for the total reservation price. Upon submitting your reservation request you authorize HT to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, HT does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that HT pays to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice HT for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. HT does not act as co-vendors with the supplier with whom we book or reserve our customers' travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by HT to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain facilitation service fees as additional compensation for servicing your travel reservation. Service fees retained by HT for its services vary based on the amount and type of hotel reservation.
You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation. It is your obligation to confirm the hotel's reservation cancellation policies.
You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the Agreement imposed with respect to your prepaid hotel reservations.
Sales, use and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.
All reservations must be made in one person's name per reservation for hotel bookings made online. Multiple names on hotel reservations may result in the cancellation of reservations. If you paid a non-refundable deposit, your deposit may be forfeited.
Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by HT for your hotel booking.
HT is not liable for any costs incurred due to hotel relocation.
You may rent an unlimited number of weeks. There are no "free" or "pre-paid" weeks of condominium use. Accommodations are made on a space-available basis and prices vary according to time, season, and location. Once a confirmation for a condominium is received, there are no cancellations or refunds. HT has availability of one or two bedroom units. Larger units are available at extra cost. Inventory lists may be accessed from the HT Website. Much of the condominium inventory is available to you 24 hours a day on the Website. Each link may operate slightly differently.
HT has no control and is not responsible for the exact location of a unit within a property complex, or views, noise, furnishings, or other factors. Arrangements are with affiliated properties and are available on a first come, first served, space available basis. Reservations must be made according to HT's policy for that vacation and may be confirmed in advance subject to each property's policy. You agree to either guarantee arrival on a credit card or prepay the visit, depending on the individual property's policy.
Licensees are solely responsible for guests and invitees. Certain airlines, cruise lines, hotels, resorts, and other properties do not allow HT to make refunds for cancelations. It is your responsibility to remember the reservationist's name that made your reservation. HT reserves the right to change policy, terms and conditions without prior notice.
A reservation does not guarantee your airfare. Prices are only guaranteed when paid. Payment for airline tickets must be made by credit card or debit card. There are no discounts on either domestic or international airfare.
SUPPLIER RULES AND RESTRICTIONS
Additional terms and conditions of travel and accommodation suppliers will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure that you read the full terms and conditions of carriage issued by the supplier which can be found on the supplier's website. HT is not responsible for, and makes no warranties or representations regarding the Supplier or carrier's terms and conditions or performance. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. The price of airfare is only guaranteed once the purchase has been completed and the tickets have been issued. Airlines and other travel suppliers may change their prices without notice. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
HT may offer you the opportunity to book a reservation for a combination of two one-way tickets instead of a roundtrip ticket. Combined one-way tickets may provide a greater choice of flights, are often cheaper and can be combined on the same airline or on different airlines. Unlike roundtrip tickets, each one-way ticket is subject to its own rules, restrictions, and fees. If one of these flights is affected by an airline change (e.g. cancellation or rescheduling) that causes a Customer to make changes to the other flight, the Customer will be responsible for any fees incurred for making changes to the unaffected flight.
For certain low-cost carriers, the price of your flight may have been converted from a different currency for convenience purposes to provide you an estimate of the amount of the purchase in your local currency. As a result, when you book, the amount charged to your credit card by the airline may be slightly different due to currency fluctuations. Your statement may also include an applicable fee from your card issuer to process the transaction plus any applicable taxes for international purchases.
Most airlines charge extra fees for seat assignments and luggage. HT does not have control of these fees. All fees, such as these, are payable directly to the carrier and may not be included in the cost of your flight. Schedule changes may occur at any time on your flight and will be sent directly to you by the airline. It is your responsibility to review these changes as HT will not be notified by the airline. Schedule changes may result in the loss of previously selected seats and additional charges by the airline. Passengers must reconfirm all flight services 24-48 hours prior to departure for the most up to date schedule and to check-in for flights.
Federal law forbids the carriage of hazardous materials aboard aircraft in your luggage or on your person. A violation can result in five years' imprisonment and penalties of $250,000 or more (49 U.S.C. 5124). Hazardous materials include explosives, compressed gases, flammable liquids and solids, oxidizers, poisons, corrosives and radioactive materials. Examples: Paints, lighter fluid, fireworks, tear gases, oxygen bottles, and radio-pharmaceuticals. There are special exceptions for small quantities of medicinal and toilet articles carried in your luggage and certain smoking materials carried on your person. Amounts may vary by airline, please review your carriers policies directly.
You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
In the event HT is informed that your travel reservation has become unavailable, HT reserves the right to offer alternative arrangements, which may require additional fees, or provide you a full refund for the total monies paid to HT for the unavailable reservation, excluding additional fees incurred for previous reservation modifications. You understand and agree that HT shall not be responsible or liable for any other travel arrangements made in relation to your cancelled airline reservation. If a confirmation is cancelled by a resort, cruise line, or travel and accommodations supplier for any reason, any refund you may be entitled to is limited to the actual amount you paid for that confirmation, if cancelation policy permits, and the refund will be issued by the supplier or resort through whom the trip was booked, based upon their respective cancellation and refund policy, and not through HT.
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. HT has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Disinfection: Although not common, most countries reserve the right to disinfect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinfection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, HT DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
BANK AND CREDIT CARD FEES
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since HT may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
CHARGEBACK & FRAUD
You are financially responsible for payment for Travel Inventory that is the subject of chargebacks, frauds, and/or other charges associated with the same ("Charges").
Without prejudice to your right to appeal a reported chargeback with the acquiring bank, you expressly agree to accept any such reported reversed payment, penalties and/or other fees and expenses reported by HT and/or its affiliated acquiring entity, provided that HT notifies you of any such chargeback, penalty or other fee or expense. For the avoidance of doubt, HT has no liability whatsoever and will not refund any payment to your credit card, debit card or your account for a chargeback by a bank, credit card company, or charge card company.
Upon notification of a chargeback, you may initiate a challenge to the chargeback by forwarding all transaction information to HT within permitted time period by email (e.g. signed order form to provide proof of the cardholder's authorization of the transactions or acceptance of goods). Upon receipt, HT will forward this information to the acquiring bank. Each Chargeback case will be finalized by referring to the International Card Regulations (Visa, MasterCard, Amex etc.) between the Issuer Bank and the Acquirer Bank which, will make the final decision of whether to accept and allow the challenge or not.
In order to protect HT against any form of fraud, unauthorized use of HT Services or prohibited activities, including, but not limited to misuse of your HT account ID, HT shall have the right to immediately modify and/or suspend some or all of the provisioning of HT Services to you. In the event HT takes action that modifies, suspends or terminates provisioning of HT Services, HT will provide written notice of such action to you. HT agrees to use this right of modification, suspension, and/or termination of your right to use HT Services in good faith. Examples of actions which may lead to a modification, suspension or termination of your use of HT Services (including HT's Website):
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than HT. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that we make available to download from this Website ("Software") or through your mobile application store, including HT's mobile application (the "Mobile Application") is the copyrighted work and property of HT and/or our respective suppliers. Your use of such Software is governed by the terms of the end-user license agreement, if any, which accompanies, or is included with, the Software ("Software License Agreement"). You may not install or use any Software that is accompanied by or includes a Software License Agreement unless you first agree to the Software License Agreement terms. For any Software made available for download on this Website not accompanied by a Software License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with this Agreement and for no other purpose.
Please note that all Software, including, without limitation, all HTML and other code contained on this Website, is owned by HT, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SOFTWARE LICENSE AGREEMENT.
If a currency convertor is available on the Website, the following terms and conditions apply: Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but HT and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.
REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS
We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant HT and the affiliated, co-branded and/or linked website partners through whom we provide service, a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that HT may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant HT the right to pursue at law any person or entity that violates your or HT's rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all 'moral rights' (including rights of attribution or integrity) that may exist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, or any of our providers, partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, vulgar, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that HT may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
From time to time we may offer customers incentives to leave hotel or other reviews (e.g. discount coupon/entry into prize drawings etc.) As it is important to us that reviews are impartial and honest. These incentives will be available to customers regardless of whether the hotel review is positive or negative.
All photos submitted are subject to our Photo Submission Guidelines below.
HT claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.
HT's policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
PHOTO SUBMISSION GUIDELINES
Any photos you submit must be:
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are subject to copyright by HappiTravel, LLC. All rights reserved. HT, Happi.Travel, HappiTrips.com, and HT logos are either registered trademarks or trademarks of HT in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. HT is not responsible for content on websites operated by parties other than HT.
If you are aware of an infringement of our brand, please let us know by submitting the Contact Us form on this Website.
The content and information on this Website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
If your booking or account shows signs of fraud, abuse or suspicious activity, HT may cancel any travel or service reservations associated with your name, email address or account, and close any associated Company accounts. If you have conducted any fraudulent activity, HT reserves the right to take any necessary legal action and you may be liable for monetary losses to HT, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, you should immediately contact HT Customer Service. You agree to immediately notify HT Customer Service in writing of any such wrongful activity.
HT is a Closed User Group (CUG). In order to access or view the wholesale rates available, you must be enrolled as a Customer and logged into your account through the HT website. We understand the value of the discounts can lead to a desire to publicly share your excitement. However, in order to protect our suppliers you are expressly prohibited from publicly posting hotel, property, or brand names (or obviously identifiable photos) directly with the discounted HT rate.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, HT has adopted a policy of terminating, in appropriate circumstances and at HT's sole discretion, subscribers or account holders who are deemed to be repeat infringers. HT may also, at its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages. You must provide:
You may mail us your notice at the address below, Attn: IP/Trademark Legal Dept., DMCA Complaints.
If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:
For any additional questions regarding the DMCA process for HT, please use the Contact Us form on this Website.
One or more patents owned by HT may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents or other copyrights pending.
ALL OTHER NOTICES
For all notices to HT other than those expressly stated otherwise in this Agreement, you may send such notice to:
2120 S Reserve #364
Missoula, MT 59801
Travel Companion Information
When you make a reservation for someone else through this website, we will request personal information and travel preferences about that individual. You should obtain the consent of other individuals prior to providing us with their personal information and travel preferences, as any access to view or change their information will be available only through your account.
Information We Share
Referring Affiliates. If you were referred to this website through an invitation from a TPA then it is likely they already have your basic information such as name, email address, and/or phone number (which was used to facilitate the invitation). However, should you update this information through your online account it will remain visible to the referring TPA. If you were referred to this website through some other form of advertising or independently navigated to this website, upon registering for an account it will be assigned to a TPA for servicing and will provide them access to your basic information.
LIABILITY DISCLAIMER AND LIMITATION OF DAMAGES
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, HT does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, HT expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this Website are intended as only general guidelines, and HT does not guarantee the accuracy of the ratings. HT and its respective suppliers make no guarantees about the availability of specific products and services. HT and its respective suppliers may make improvements and/or changes on the Website at any time.
HT and its respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by HT. All such information, software products, and services are provided "as is" without warranty of any kind. HT and its respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from HT and/or its respective suppliers are free of viruses or other harmful components. HT and its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The carriers, hotels and other suppliers providing accommodations, travel or other services on this Website are independent contractors and not agents or employees of HT. HT is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. HT has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
When listing states and entities that HT is or may be registered with for marketing, sale, distribution or operation, no endorsement by that state or entity is meant or implied in any manner whatsoever.
You agree that you can recover against HT and its suppliers only direct damages up to the amount you paid for the goods, services, or software furnished by HT or suppliers. In no event shall HT and/or its respective suppliers be liable for any consequential, incidental, indirect, exemplary, punitive, special, loss of profits, or mental pain and anguish damages arising out of, or in any way connected with, your access to, display of, receipt or use of, or reliance upon, HT Services, this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website); or otherwise arising out of the access to, display of or use of this Website, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if HT and/or its respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, HT or its respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of HT and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to HT (not the license fee that you paid to a third party independent sales organization) in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The limitations of liability provided in this Agreement inure to the benefit of HT and/or its respective suppliers.
You agree to defend and indemnify HT and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of your:
HT is committed to customer satisfaction, so if you have a problem or dispute, we will make a reasonable effort to resolve your concerns in a timely and equitable manner.
You understand and agree to exercise your best efforts to resolve any disagreement or dispute with HT by means of an amicable negotiation. If HT is unsuccessful with satisfactorily resolving a dispute with you that relates to or arises from this Agreement, including interpretation of this Agreement, you or HT may seek resolution of the dispute by means of submitting the matter to binding arbitration.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, a judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at HappiTravel, LLC, 2120 S Reserve #364, Missoula, MT 59801. The arbitration shall be conducted in Missoula, Montana or any other venue that the parties agree upon. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879. By agreeing to arbitrate claims with the AAA, you and HT waive the right to a trial by jury.
You expressly agree that all claims which you may assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement) shall be submitted to binding arbitration by the AAA. This also includes any Claims that arose before you accepted the terms and conditions of this Agreement, regardless of whether prior versions of this Agreement required arbitration.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, you and HT each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this Agreement. An arbitration award may be confirmed by a judgment of any court with competent jurisdiction. The laws of the State of Montana shall apply without regard to the doctrine of the conflict of laws.
In the event of any litigation or arbitration the prevailing party shall be entitled to recover, in addition to damages, reasonably attorney's fees, expert witness fees and court costs as judged and awarded by the Arbitrator(s).
Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity's intellectual property or proprietary rights. You further acknowledge and agree that our rights in the HT Services are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
For reservations made by U.S. residents, the laws of the state in which your billing address is located may apply. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
You agree that no joint venture, partnership, agency or employment relationship exists between you and HT as a result of this Agreement or use of this Website. You agree that there is no agency relationship between HT and the TPA.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and HT with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
Seller of Travel: HappiTravel, LLC is a registered seller of travel in each of the states listed below:
Washington: UBI 604960102
For answers to your questions or ways to contact us, visit the Contact Us section on this Website.
CONFIRMATION OF AGREEMENT
You agree and confirm that you have fully read and understood each and every section or portion of this Agreement before making a decision to register an account with HT or purchase a license in HT. By signing this Agreement and/or using HT's Website and HT's Services, you agree to be bound by all of the provisions in this Agreement.