Terms and Conditions

1.0 Disclaimer

2.0 Use of our Services

3.0 Membership

4.0 Business/VIP Traveler Program

5.0 Supplier Rules and Restrictions

6.0 Prices

7.0 Prepaid or Pay at Hotel

8.0 Special Requests

9.0 Changes or Cancellations

10.0 Currency Converter and Foreign Travel

11.0 Governing Law and Attornment

12.0 Indemnification

13.0 Limitation of Liability

14.0 Termination & Updates

15.0 Changes to Terms and Conditions

16.0 Copyright and Trademark Notices

17.0 Entire Agreement and Severability

18.0 Arbitration Agreement

Thank you for using SnapTravel. The snaptravel.com website together with all other text based communications services are collectively referred to as the “Medium”. The terms “we”, “us”, “our” and “SnapTravel” refer to Wise Travel Technologies Inc., a Delaware incorporated company or our affiliates. The term “you” refers to the customer visiting or otherwise using the Medium. Wise Travel Technologies Inc. is the contracting entity and the entity which will be contacted for customer service.
The Medium provides you with an online platform through which you can browse different hotel accommodations and services and make reservations with hotel suppliers (i.e., the suppliers of hotel accommodations and other services to whom you are connected through the Medium). We do not provide you with hotel accommodations or other hotel services; hotel accommodations and related services are provided by the hotel suppliers. While your use of the Medium is subject to these Terms, your stay and the provision of hotel services is subject to the terms and conditions of the applicable hotel supplier.
These Terms apply to your access and use of our services. Our services include, but are not limited to:
  • Any features, content, tools, and/or messages accessible by means of the Medium
  • Emails, text messages and social media accounts owned, operated or provided by SnapTravel
  • The ability to place reservations with hotel suppliers through the Medium
  • Credits and other benefits associated with the Business Traveler or VIP Traveler Program
By accessing the Medium and/or using our services, you agree to be bound by these Terms and our Privacy Policy located at

https://www.snaptravel.com/privacy_policy

, which together are referred to as the “Agreement”. Please read the Agreement carefully. If you do not accept and agree to the Agreement, please do not use or book any reservations through the Medium. SnapTravel may at any time change these Terms and your continued use of the Medium is conditioned upon acceptance of the updated Terms.

1.0 DISCLAIMER

SnapTravel is not responsible for any failures caused by server errors, failed internet connections, any computer or other technical defect, whether human or technical in nature.
No guarantees are made regarding the availability of hotel services including inventory, that a user will always receive the lowest available price, or the validity of any content provided to us by a third-party including hotel suppliers.
The information provided through the Medium may include inaccuracies or errors, including pricing errors. SnapTravel does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the hotel properties and other hotel supplier services as displayed on the Medium. SnapTravel reserves the right to cancel, to terminate or not to process reservations (including accepted reservations) where the price or other material information on the Medium is inaccurate. In such event, we may (if available and in our discretion) offer you the opportunity to keep your pending reservation at the correct price.
SNAPTRAVEL DOES NOT WARRANT THAT THE SERVICES OR THE MEDIUM WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ALL ERRORS CAN OR WILL BE CORRECTED; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE MEDIUM OR SERVICES. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, THE SERVICES AND THE MEDIUM ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SNAPTRAVEL HEREBY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, SECURITY, RELIABILITY, ACCURACY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, SNAPTRAVEL EXPRESSLY DISCLAIMS ANY REPRESENTATION, CONDITION OR WARRANTY THAT ANY DATA OR INFORMATION PROVIDED TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE MEDIUM IS ACCURATE, OR CAN OR SHOULD BE RELIED UPON BY YOU FOR ANY PURPOSE WHATSOEVER.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

2.0 USE OF OUR SERVICES

2.1 As a condition of your use of our services, you represent and warrant that:
  • you have reached the age of majority in your jurisdiction of residence,
  • you possess the legal authority to create a binding legal obligation,
  • you will only use our services to make legitimate reservations for you or for another person for whom you are legally authorized to act, for the purposes of you or that other person personally using the reservation, and not for any other purpose,
  • you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto.
2.2 You will not yourself or permit others to:
  • use or access the Medium:
    • in violation of any applicable law or intellectual property right,
    • in a manner that threatens the security or functionality of the Medium, or
    • for any purpose or in any manner not expressly permitted in these Terms;
  • use the Medium to create, collect, transmit, store, use or process any:
    • computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
    • data or content that you do not have the lawful right to collect, transmit, store, use or process or that violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any intellectual property right, privacy right or right of publicity);
  • reverse engineer or modify the Medium;
  • remove or obscure any proprietary notices or labels on the Medium, including copyright or trademark notices;
  • access or use the Medium for the purpose of building a similar or competitive product or service; or
  • perform any vulnerability, penetration or similar testing of the Medium.

3.0 MEMBERSHIP

The services are only available to users with a unique identifier (e.g., Facebook user ID, slack user ID, SMS phone number etc.) who can authenticate via a secure login. Your identifier is used to create a member profile - along with a unique membership ID - within our system.
You agree not to share your membership ID or password, or any other means of accessing your SnapTravel membership with anyone at any time. Hotel availability, services and rates presented to you are exclusively available to you based on your membership ID - and cannot be shared. You are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur using your account, including the Business/VIP Traveler Rewards program.

4.0 BUSINESS / VIP TRAVELER PROGRAM

SnapTravel Business / VIP Traveler is a SnapTravel loyalty program (the “Program”). When you make reservations through the Program, you earn credits which can be redeemed for future reservations. You can only collect or redeem credits at eligible SnapTravel hotel properties.
The Program is open to any SnapTravel member that books a Business / VIP rate. Members are responsible for ensuring their account details are up to date, and that they are using the correct membership profile when collecting and redeeming credits.
4.1 Collecting Credits
Program members will collect credits on an eligible reservation made through the Medium. The credits earned vary depending on the hotel booked. If you use different currencies when collecting credits, the value of your credits is stored in the currency used for your order.
Only Program members collect credits. Other guests on the same reservation will not be awarded any credits. You will not be able to earn or otherwise collect credits for any reservation made before you became a member of the Program.
Credits earned by making a reservation will only be awarded if the hotel stay associated with the reservation is completed; no credits will be awarded for reservations that are cancelled or otherwise not completed. We will add credits to your account 24 hours after your check out at completion of the hotel stay associated with the reservation. You can check your credit balance by reviewing your account profile or messaging us directly on any Medium. If you collect credits but we later believe that you did not complete your hotel stay, we reserve the right to remove these credits from your account.
Your credits expire 12 months after the activation date. This means you must redeem credits within that time period. If you do not redeem your credits in the 12 month period, your credits will expire and will not be reissued.
4.2 Redeeming Credits
You can redeem your credits on prepaid reservations made through the Medium. Reservations made using credits are subject to the same terms and conditions listed here. Credits may only be redeemed for reservations made in the same currency as the credits were earned. Credits have no cash value, and cannot be redeemed for cash, other reward programs, or credits in another currency.
Reservations made using credits are subject to hotel suppliers’ cancellation policies. If you cancel a reservation made using credits within the hotel supplier’s cancellation window, we will return the credits to your account within 24 hours of your cancellation. If you cancel a reservation made using credits outside of the hotel supplier’s cancellation window, the credits will not be returned to your account.

5.0 SUPPLIER RULES AND RESTRICTIONS

SnapTravel works with several hotel suppliers. When a hotel room is reserved through the Medium with a hotel supplier, the terms and conditions of that particular hotel supplier will also apply to your reservation.
Without limitation, when the hotel supplier is Travelscape LLC or Vacationspot, SL - you are bound to additional terms and conditions located at

http://developer.ean.com/terms/en/

.
If you violate any part of the hotel suppliers’ terms and conditions, we have the right to cancel your reservation and to make changes accordingly. You will be responsible for all fees that arise from making such changes should it be applicable. If you have used credits towards such reservation, the credits will be forfeited and not returned to your account.
You acknowledge that some hotel suppliers may require you to agree to and sign their additional terms and conditions (including a liability waiver) prior to your stay at the hotel property or otherwise participating in the hotel services they offer. You understand that any violation of any such hotel supplier’s additional terms and conditions may result in cancellation of your reservation, you being denied access to the hotel property and/or other services, you forfeiting any monies paid in connection with your reservation, and/or your SnapTravel account being debited for any costs we incur as a result of such violation.

6.0 PRICES

The price for the hotel services will be as quoted on the Medium from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect reservations already accepted. Despite our best efforts, some of the hotel services listed on the Medium may be incorrectly priced. We reserve the right to correct any pricing errors on the Medium and in such event, we may (if available and in our discretion) offer you the opportunity to keep your pending reservation at the correct price. We also reserve the right to cancel, to terminate or not to process reservations (including accepted reservations) where the price or other material information on the Medium is inaccurate. We are under no obligation to fulfil orders placed at an incorrect (lower) price, even after you have been sent confirmation of your order.
The price quoted on the Medium may include, where applicable, fees, tax recovery charges taxes on SnapTravel’s services. Except with respect to tax obligations on the amounts we retain for our services, SnapTravel does not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel reservations are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc.) that SnapTravel pays to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice SnapTravel for certain charges, including tax amounts, and are responsible for remitting applicable taxes to the applicable taxing jurisdictions. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by SnapTravel to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability and other related factors in effect at the time of the actual use of the hotel by our customers.

7.0 PREPAID OR PAY AT HOTEL

You acknowledge that some reservations require prepayment, and some reservations can be paid later at the hotel property. If you select a prepaid reservation, you will be charged the full amount for the reservation immediately following the submission and acceptance of your reservation. Where you are using Program credits for your reservation (in whole or in part), your account will be debited the applicable credits immediately following the submission and acceptance of your reservation. Program credits may only be applied for prepaid reservations. If you select a pay later rate, you will pay the hotel supplier upon arrival in their preferred currency for the full amount. You understand that tax rates and foreign exchange rates could change in the time between making your reservation and your stay at the hotel property, which means the amount you will pay the hotel supplier may differ from the amount reflected in your reservation.
Transaction fees may apply when making a reservation for a hotel property in a foreign country or in a foreign currency. These fees will be applied to the cardholder’s account by the card issuing bank, independent from SnapTravel. If you have any questions about these fees or any exchange rates applied to your order, please contact your credit card issuer.

8.0 SPECIAL REQUESTS

We will do our best to pass on your special requests to the hotel supplier - but we cannot guarantee that the hotel supplier will be able to honor any special requests that you make. You must contact the hotel supplier directly to confirm the availability of any extra items or special requests. It is also your responsibility to verify that the hotel supplier can satisfy any special needs (such as accessibility features) that you may have.

9.0 CHANGES OR CANCELLATIONS

You can cancel your reservation on your email confirmation or by using our automated chat on your original booking Medium. However, cancellation fees may apply in accordance with the reservation terms and conditions. Each booking will have its own unique cancellation policy which can be found on the final booking step as well as in the confirmation email. If the policy is non-refundable, that means the booking is final sale and will not result in a refund if cancelled.
You agree to pay any required cancellation fees when you confirm the booking. Changes to your booking are not guaranteed and are subject to approval by hotel suppliers. SnapTravel is not liable for any rejected changes to a hotel booking.
We are not responsible for the acts or omissions of any hotel supplier. If a hotel supplier is unable to honor your reservation, SnapTravel will not be liable for any costs incurred due to relocation. If you do not show for the first night of your reservation but plan to check-in for subsequent nights in the reservation, you must confirm the reservation with SnapTravel no later than the original date of check-in to prevent cancellation of the whole booking. If you do not confirm the booking changes with SnapTravel the whole booking may be cancelled and refunds will only be due to you in line with the cancellation policy of the particular property, as notified in the booking process.

10.0 CURRENCY CONVERTER AND FOREIGN TRAVEL

Currency rates are based on various publicly available sources and should be used as guidelines only. When paying in a different currency, the conversion rate is determined by your credit card issuing bank and SnapTravel can only provide you with an estimate. In addition, your statement may include a conversion or transaction fee (which may be in a foreign currency) charged by your card issuer to process the transaction. We are not associated with these additional fees and will not be held liable for any fees relating to varying exchange rates or card issuer fees.
Where your reservation is for a hotel property in a foreign jurisdiction, you are responsible for ensuring that you meet foreign entry requirements and that you have all necessary travel documents and that all foreign entry requirements are met. It is also your responsibility to make sure 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. 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. By coordinating reservations for hotel services in international destinations, we do not make any representation or warranty that travel to such destinations are advisable or without risk. SnapTravel has no liability for any damages or losses that may result from your travel to any destination.

11.0 GOVERNING LAW AND ATTORNMENT

Subject to applicable law, these Terms and any dispute arising from these Terms or in connection with our services will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law principles. Subject to applicable law, any lawsuits arising in connection with these Terms shall be initiated in Toronto, Ontario, Canada, and you irrevocably attorn to the nonexclusive personal jurisdiction and venue of the courts sitting therein. SnapTravel reserves the right to commence legal action in the Courts of Ontario in order to enforce these Terms, including the right to seek injunctive relief or other equitable relief to enforce compliance with these Terms. The U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

12.0 INDEMNIFICATION

You agree to indemnify and hold harmless SnapTravel and its affiliates and its and their respective 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 brought by third parties directly or indirectly arising from or in connection with: (i) your breach of these Terms; (ii) your violation of any law or the rights of a third party; or (iii) your use of the Medium.

13.0 LIMITATION OF LIABILITY

The content, pricing information and services provided through the Medium may include inaccuracies or errors. We do not guarantee the accuracy of any information presented to you. All information regarding hotel suppliers and hotel services provided to you are intended as only general guidelines.
The Medium may provide hyperlinks to websites operated by parties other than SnapTravel. 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 the Medium 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.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SNAPTRAVEL BE LIABLE TO YOU FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) LOST OR LOSS OF (i) SAVINGS, (ii) PROFIT, (iii) DATA, (iv) USE, OR (v) GOODWILL; (III) BUSINESS INTERRUPTION; (IV) COSTS FOR RELOCATIONS; (V) PERSONAL INJURY OR DEATH; OR (VI) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES.
The hotel suppliers providing hotel services are independent contractors, they are not agents or employees of SnapTravel. SnapTravel is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any hotel suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom or while on any hotel property. We have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond our direct control, and we have no responsibility for any additional expenses, omissions, delays or acts of any government or authority.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF SNAPTRAVEL IN CONNECTION WITH OR UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY YOU TO SNAPTRAVEL IN CONNECTION WITH THE RESERVATION GIVING RISE TO THE CLAIM. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SNAPTRAVEL’S LIABILITY IN SUCH JURISDICTIONS WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE LAWS OF CERTAIN JURISDICTIONS LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

14.0 TERMINATION & UPDATES

We reserve the right to discontinue your membership if you act fraudulently or use the Medium or our services in a way that does not comply with these Terms or any applicable laws. If we discontinue your membership, you may lose your accumulated credits. Our decision on all questions or disputes regarding SnapTravel membership is final.

15.0 CHANGES TO TERMS AND CONDITIONS

We may change these Terms at any time, with or without notice, including the terms for the Program, SnapTravel membership qualification requirements and associated benefits, currency conversion and the rates accessible to members. The most current version will always be available on the Medium. If you do not agree with these Terms, you must stop using our services and the Mediums.

16.0 COPYRIGHT AND TRADE-MARK NOTICES

All contents of the snaptravel.com website and the Medium are © 2019 Wise Travel Inc. All rights reserved.
SnapTravel and the SnapTravel logo are trade-marks of Wise Travel Inc. in the US, Canada and other countries. Other logos and product and company names referenced in the Medium are the trade-marks of their respective owners.

17.0 ENTIRE AGREEMENT AND SEVERABILITY

The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms are held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
These Terms and the Privacy Policy constitute the entire agreement between you and us regarding the use of the Medium. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect.

18.0 ARBITRATION AGREEMENT

18.1 This Arbitration Agreement facilitates the prompt and efficient resolution of any disputes that may arise between you and SnapTravel. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration Agreement carefully. It provides that all disputes between you and SnapTravel shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this Arbitration Agreement constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Arbitration Agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Arbitration Agreement, "SnapTravel" means SnapTravel and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term "Dispute" means any dispute, claim, or controversy between you and SnapTravel regarding any aspect of your relationship with SnapTravel, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Agreement (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
18.2 Pre-Arbitration Dispute Resolution
Before initiating any Dispute, whether in court or arbitration, you must first give SnapTravel an opportunity to resolve the Dispute by emailing written notification to [email protected] That written notification must include (1) your name, (2) your address, (3) a description of the Dispute, and (4) a description of the specific relief you seek. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.
18.3 Arbitration Procedures
If the Dispute is not resolved as provided above in the Pre-Arbitration Claim Resolution section, either you or SnapTravel may initiate arbitration proceedings. The American Arbitration Association ("AAA"), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Arbitration Agreement. For arbitration before the AAA, for Disputes in which less than $75,000 is at issue, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. In the event that this Arbitration Agreement conflicts with the applicable arbitration rules, this Arbitration Agreement shall govern. Under no circumstances will class action procedures or rules apply to the arbitration. Because your contract with SnapTravel, the Terms of Use, and this this Arbitration Agreement concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
18.4 Arbitration Award
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be final and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the Federal Arbitration Act ("the FAA"), and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
18.5 Location of Arbitration
Any required arbitration hearing may be conducted, at your option, (a) Toronto, Canada; (b) via phone or video conference; or (c) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
18.6 Payment of Arbitration Fees and Costs
SnapTravel will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
18.7 Class Action Waiver
Any Disputes arising out of or relating to your use of SnapTravel and/or any purchase you make on or through SnapTravel, any information you provide via SnapTravel, and/or these Terms (including the formation, performance, or alleged breach), shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action). Neither you, nor any other Member of SnapTravel and/or user of SnapTravel services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and SnapTravel and is non-severable from the Arbitration Agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then the Arbitration Agreement shall be null and void. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against SnapTravel in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
18.8 Limitation of Procedural Rights
You understand and agree that, by entering into this Arbitration Agreement, you and SnapTravel are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. In the absence of this Arbitration Agreement, you and SnapTravel might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). By using the SnapTravel website, product or services, or otherwise accepting these Terms, you are entering into this Arbitration Agreement, and you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator’s decision is much more limited than in court, and in general an arbitrator’s decision may not be appealed for errors of fact or law.
18.9 Severability
If any clause within this Arbitration Agreement, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.
18.10 Continuation
This Arbitration Agreement shall survive the termination of your contract with SnapTravel and your use of the SnapTravel website, products and services.
Last updated January 8th, 2020.