Terms of Service & Payment Terms of Service
Terms of Service
PLEASE READ AND UNDERSTAND THESE TERMS OF SERVICE (“Terms”) THOROUGHLY BECAUSE THESE TERMS ARE BINDING WHEN IT COMES TO RESOLVING DISPUTES WITH TRIP TRUSTEES. THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND TRIP TRUSTEES CAN BE BROUGHT AND RESOLVED (SEE DISPUTE RESOLUTION AND ARBITRATION SECTION BELOW). THESE PROVISIONS REQUIRE YOU TO SUBMIT CLAIMS AGAINST TRIP TRUSTEES TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION. YOU HAVE THE OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT SECTION BELOW.
Trip Trustees furnishes an online platform that brings together Travel Assistants who have Travel Facilitator Services to offer and Travel Clients seeking such Services. Services are available at www.TripTrustees.com or through the Trip Trustees application for devices such as smart phones and tablets. This Terms of Service constitutes a legally binding agreement between you and Trip Trustees governing your use of the online platform and Travel Facilitator Services offered by Travel Assistants to Travel Clients. By entering into this Agreement and/or by using or accessing the Trip Trustees platform you expressly acknowledge that you understand these Terms of Service and accept all of the terms. If you do not agree to be bound by the terms and conditions of this agreement, you may not use or access the Trip Trustees platform.
THE TRIP TRUSTEES WEBSITE OR APPLICATION IS A SERVICE THROUGH WHICH TRAVEL ASSISTANT MEMBERS MAY LIST TRAVEL FACILITATOR SERVICES, AND TRAVEL CLIENT MEMBERS MAY LEARN ABOUT AND REQUEST TRAVEL FACILITATOR SERVICES. YOU UNDERSTAND AND AGREE THAT TRIP TRUSTEES IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN TRAVEL ASSISTANTS AND TRAVEL CLIENTS, NOR IS TRIP TRUSTEES A TRAVEL COMPANION COMPANY, AGENT, TRANSPORTATION COMPANY, TRAVEL SERVICE, COMMON CARRIER, TRANSPORTATION CARRIER, PUBLIC CARRIER OR INSURER AND DOES NOT PROVIDE TRANSPORTATION SERVICES. TRIP TRUSTEES HAS NO CONTROL OVER THE CONDUCT OF TRAVEL ASSISTANTS, TRAVEL CLIENTS AND OTHER USERS OF THE WEBSITE OR APPLICATION SERVICES OR ANY TRAVEL FACILITATOR SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
“Website or Application services” means the functions, content, communications, payment portals and various other services available through the Trip Trustees Website or Application.
“Trip Trustees Content” means all of the Content that is made available by Trip Trustees through the Website or Application services, or through advertising.
“Trip Request” means the limited and specified timeframe and scope of Travel Facilitator Services to be provided by the Travel Assistant to the Travel Client as mutually agreed upon by both parties.
“Trip Request Period” means the 24-hour time limit during which a Travel Assistant must review a Trip Request & respond to the Travel Client. If the Trip Request Period ends, the client will be notified and an alternate Travel Assistant may be recommended.
“Collective Content” means Trip Trustees Content and Trip Trustees Member Content.
“Communication” means all messaging via the Trip Trustees Website or Application services internal messaging system or conventional text messaging, or email or phone.
“Content” means wording, images, music, software, graphics, audio, visuals, information or other materials.
“Travel Client” means a Member who requests or uses Travel Facilitator Services offered by a Travel Assistant via the Trip Trustees Website or Application services.
“Travel Assistant” means a Member who lists and provides Travel Facilitator Services via the Trip Trustees Website or Application services. Travel Assistants must meet the qualifications of being a current or retired Fireman, local, state or federal Law Enforcement Officer, Paramedic, Registered Nurse, Retired Military or Flight Attendant as specified by Trip Trustees.
“Travel Facilitator Service” means Travel Assistant independently contracted services, such as accompaniment or other services listed by the Travel Assistant, with intent to provide helpful assistance along a route of travel to the extent and as agreed upon by the Travel Client and the Travel Assistant mutually, and independent from any agreement with Trip Trustees.
“Listing” means Travel Facilitator Service parameters that are listed by a Travel Assistant as available for Trip Request requests via the Trip Trustees Website or Application services.
“Member” means someone who completes Trip Trustees account registration process.
“Member Content” means all Content that a Member submits in their Listing or Member profile to be made available through the Website or Application services.
“Tax” means any sales taxes that Travel Assistants may be required by law to collect and remit to governmental agencies or other withholding and personal or corporate income taxes.
“Travel Facilitator Fee” means the amounts that are due and payable by a Travel Client in exchange for the use of a Travel Assistant’s Travel Facilitator Service. The Travel Facilitator Service Fee will be based on the rate stated in the Travel Assistant’s profile and the number of hours or days of expected hire by the Travel Client. The Travel Assistant alone, and not Trip Trustees, sets the Travel Facilitator Fees for his or her Listing.
“Travel Client Service Fee” means the fee that Trip Trustees charges a Travel Client for the use of the Trip Trustees platform services, which is calculated as a percentage of the Travel Facilitator Fees.
“Travel Assistant Service Fee” means the fee that Trip Trustees charges a Travel Assistant for the use of the Trip Trustees platform services, which is calculated as a percentage of the applicable Travel Facilitator Fees.
“Service Fee” will be used to mean collectively, Travel Client Fees and Travel Assistant Fees.
“Payment Method” means a payment method that you have added to your Trip Trustees Account, such as a credit card, debit card or PayPal.
“Total Fees” means collectively the Travel Facilitator Fees, Service Fees and any other applicable fee permitted on the Trip Trustees platform, plus any applicable Taxes.
• Trip Trustees Platform is provided “as is” and without warranty.
• Trip Trustees has no liability regarding the Trip Trustees Platform or the performance of Travel Assistants.
• The Travel Client, and not Trip Trustees, supervises, directs and monitors a Travel Assistant’s services.
• Travel Clients are solely responsible for determining if the Travel Assistant they hire is qualified to perform the travel facilitator services at hand.
• You consent to release Trip Trustees from liability based on claims between Members.
• You agree to indemnify Trip Trustees from claims due to your use or inability to use the Trip Trustees Platform or content submitted from your account to the Trip Trustees Platform.
• You consent to submit any claims against Trip Trustees to binding arbitration, and on an individual basis only, to the extent permissible by law.
The Trip Trustees Platform Connects Travel Assistants and Travel Clients
TRAVEL ASSISTANTS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, PARTNERS OR AGENTS OF TRIP TRUSTEES. TRIP TRUSTEES DOES NOT PERFORM TRAVEL FACILITATOR SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SUCH. MEMBERS HEREBY ACKNOWLEDGE THAT TRIP TRUSTEES DOES NOT SUPERVISE, DIRECT OR MONITOR A TRAVEL ASSISTANT’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE WORK PERFORMED OR THE TRAVEL FACILITATOR SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OF SERVICES OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
The Trip Trustees Platform only enables connections between Members for the fulfillment of Travel Facilitator Services. Trip Trustees is not responsible for the performance or communications of Members, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Travel Facilitator Services, Travel Assistants, Travel Clients, nor of the integrity, responsibility, qualifications, or any of the actions or omissions whatsoever of any Members. Trip Trustees makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Travel Facilitator Services requested or services provided by, or the communications of or between, Members identified through the Trip Trustees Platform, whether in public, private, or offline interactions or otherwise howsoever.
Modification to the Terms of Service
Trip Trustees reserves the right to modify the Terms and any hyperlinks included within the Terms from time to time, and such modifications shall become effective upon posting at this location. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. Your continued use of the Trip Trustees platform or services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of the Terms does not create a renewed opportunity to opt out of arbitration.
Member Vetting and Member Representations
At Trip Trustees’ sole discretion, Members may be subject to an extensive vetting process before they can register for and during their use of the Trip Trustees Platform, including but not limited to a verification of identity. Although Trip Trustees may perform background & identity checks and verifications, Trip Trustees is not required to do so and cannot confirm that each Member is who they claim to be. Trip Trustees cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the Trip Trustees Platform.
When interacting with other Members, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Trip Trustees will not be liable for any false or misleading statements made by Members of the Trip Trustees Platform. NEITHER TRIP TRUSTEES NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OF THE TRIP TRUSTEES PLATFORM AND YOU HEREBY RELEASE TRIP TRUSTEES AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TRIP TRUSTEES PLATFORM.
Travel Assistants Representations
Travel Assistants represent and warrant that you will provide timely, high-quality services to your Travel Clients, you will only offer and provide services for which you have the necessary skills, and you will provide the services safely.
Contract between Travel Clients and Travel Assistants
You agree that Trip Trustees is not a party to any Travel Facilitator Services Agreement. Trip Trustees’ role is restricted solely to acting as a limited payment collection agent for the Travel Assistant to facilitate payment on behalf of the Travel Assistant through the Trip Trustees Platform with respect to Travel Facilitator Services they perform.
Worker Classification and Withholdings
TRIP TRUSTEES DOES NOT PERFORM TRAVEL FACILITATOR SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TRAVEL FACILITATOR SERVICES.
Members do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Trip Trustees. Each Member acknowledges that Trip Trustees does not, in any way, supervise, direct or monitor a Travel Assistant’s performance in any manner. Trip Trustees does not set a Travel Assistant’s work hours or location of work. Trip Trustees does not provide any supervision to Members.
The Trip Trustees Platform is not an employment service and Trip Trustees is not an employer of any Member. As such, Trip Trustees is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding in connection with a Member’s use of the Trip Trustees Platform.
IF YOU CHOOSE TO MAKE A LISTING ON TRIP TRUSTEES, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH TRIP TRUSTEES IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF TRIP TRUSTEES FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF TRIP TRUSTEES. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF TRIP TRUSTEES, INCLUDING BY INAPPROPRIATELY USING ANY TRIP TRUSTEES INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE OR APPLICATION SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE OR APPLICATION SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Modification of the Website or Application
Trip Trustees reserves the right to modify the Website or Application services or terms or pricing at any time and without prior notice, effective at the time of notification. Continued use of the Trip Trustees platform and/or Services after any such changes shall constitute your consent to such changes.
You must be 21 years old or older to use this Website or Application services.
Trip Trustees may, to the extent permitted by law, obtain reports from public records for criminal background checks, professional licensing verification and sex offender status as necessary at the sole discretion of Trip Trustees. You consent to Trip Trustees obtaining this information.
How the Website or Application Services Work
The Website or Application services can be used to list and use Travel Facilitator Services. Travel Facilitator Services are listed on the Website or Application services by Travel Assistants. Viewing Listings as an unregistered visitor to the Website or Application services is permissible; however, if you desire to book Travel Facilitator Services or create a Listing, you must first register and create a Trip Trustees Account (defined below).
Trip Trustees is an online platform for Travel Clients and Travel Assistants to arrange Travel Facilitator Services directly between Members. Trip Trustees does not own or operate Travel Facilitator Services, nor is it a provider of travel advice, travel companion services, travel agent services such as travel booking or planning, transportation services, ticketing or booking, including, but not limited to, lodging, vehicle rental, airline, cruise ship, railway, bus, mass transit or any other form of transit or travel services.
In order to gain access to certain areas of the Website or Application services, and to book a Travel Facilitator Service or create a Listing, you must register to create a Trip Trustees Account and become a Member. Registration to join may be accomplished directly via the Website or Application services, or by a third-party social networking site such as, but not limited to Facebook; however, Trip Trustees will not be obligated to pay any fees or be subject to any usage limitations imposed by such third-party service providers. The legal agreement made with your third-party service is solely between you and that third-party entity.
Members are limited to no more than one (1) active Trip Trustees Account. You agree that the information you provide is truthful and accurate, and will be maintained and updated to reflect your current information as it changes. Trip Trustees reserves the right to suspend your Trip Trustees Account if you create more than one (1) Trip Trustees Account, or if any information provided during the registration process or upon subsequent entries is shown to be inaccurate, fraudulent or otherwise in violation of these Terms of Service.
Your password must be safeguarded from third-party users.
Your Trip Trustees Account shall not be shared with others. You agree to take full responsibility for any activities or actions under your Trip Trustees Account, regardless if you have authorized such activities. You will immediately notify Trip Trustees of any unauthorized use of your Trip Trustees Account.
Travel Facilitator Service Listings
To create a Listing, as a member who is a Travel Assistant, you will provide the scope and specifications of the Travel Facilitator Services you offer including, but not limited to availability, rates, limitations and related rules and financial terms. In order to list via the Website or Application services, all Travel Assistants must have valid physical addresses, email addresses, cell phone number & be a current or retired Fireman, Paramedic, Flight Attendant, Retired Military, local, state or federal Law Enforcement Officer, or Registered Nurse. Listings will be made publicly available via the Website or Application services, excluding personal information other than to identify yourself by first name and last initial, and the professional profile and picture you provide.
Travel Clients may find Travel Assistants based on search preferences. Travel Assistants may receive a request to communicate with the Travel Client through internal messaging via the Website or Application services. Additionally, it is HIGHLY recommended Members meet in person before agreeing to provide or receive Travel Facilitator Services. Once contacted by the Travel Client, Travel Facilitator Service rates shall not change to higher than listed at that time for that Travel Client.
You agree that you are solely responsible for any Listings and Member Content you post. Furthermore, you agree that any listing you post will not breach any third-party agreements and be in accordance with all applicable local, state, & federal laws. Trip Trustees reserves the right, at any time and without prior notice, to remove access to any Listing for any reason that Trip Trustees, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, any of Trip Trustees’ policies or otherwise detrimental to the Website or Application services.
If you are a Travel Assistant, you understand and agree that Trip Trustees does not act as an insurer or as your contracting agent. If a Travel Client requests your Travel Facilitator Services, Trip Trustees is not a party to any agreement you enter into with the Travel Client.
As a Travel Assistant, you agree that you are responsible for your own acts and omissions and that for any individuals who you request or invite to participate in the Travel Facilitator Services.
Trip Trustees recommends that Travel Assistants obtain appropriate insurance for their Travel Facilitator Services, if applicable, as required by local, state and federal law.
After Trip Trustees reviews the profile, photograph, professional qualifications, and associated identity checks, your listing will be posted on the Trip Trustees web site. You alone are responsible for verifying that your profile & image are accurate, current and correctly reflect your identity.
Trip Requests and Financial Terms for Travel Assistants
As the Travel Assistant, you understand and agree that you, not Trip Trustees, are solely responsible for providing any Travel Facilitator Services agreed upon between you and the Travel Client through the Website or Application services. If you, as a Travel Assistant, decide to enter into an agreement with the Travel Client you agree to accept any terms, conditions, rules and restrictions associated with the Trip Trustees Terms and conditions.
You acknowledge and agree that you as the Travel Assistant, and not Trip Trustees, will be responsible for performing the obligations of any such agreements, that Trip Trustees is not a party to such agreements, and that, with the exception of Trip Trustees Payments’ obligations as described in Trip Trustees Payment Terms, Trip Trustees (and all subsidiaries) disclaims all liability arising from or related to any such agreements.
If you are unable to respond to a Trip Request within 24 hours, the Travel Client will be directed to find another Travel Assistant, and your response rate will be reflected.
In accordance with Trip Trustees Payments Terms, Trip Trustees will collect the Total Fees from Travel Client after BOTH parties return to their accounts and verified, independently, their willingness to travel with the other member.
Trip Trustees will remit the Travel Facilitator Fee and associated Per Diem, minus the Travel Assistant Service Fee, to the Travel Assistant 24 hours after the scheduled completion date of the trip.
Each Travel Assistant agrees that Trip Trustees may, in accordance with the cancellation policy selected by the Travel Assistant and reflected in the relevant Listing, permit the Travel Client to cancel the Trip Request and refund to the Travel Client that portion of the Travel Facilitator Fees specified in the applicable cancellation policy.
Trip Requests and Financial Terms for Travel Clients
As the Travel Client, you understand and agree that the Travel Assistant, not Trip Trustees, is solely responsible for providing any Travel Facilitator Services agreed upon between you and the Travel Assistant. If you, as a Travel Client, decide to enter into an agreement with the Travel Assistant you agree to accept any terms, conditions, rules and restrictions associated with the Travel Facilitator Services imposed by the Travel Assistant, as well as and in accordance with Terms and Conditions imposed by Trip Trustees.
The Total Fees will be displayed to the Travel Client when the Travel Client is searching for a Travel Assistant. The Total Fees will not be charged to the Travel Client’s Payment Method on file until the following three conditions are met: (i) the Travel Client and Travel Assistant discuss the trip either in-person, or via electronic means provided by the Trip Trustees Web site or Application Services (ii) the Travel Assistant comes back to their account and accepts the trip, and (ii) the Travel Client comes back to their account and accepts the trip.
You as a Travel Client agree to pay the Total Fees for any Trip Request Requested and confirmed by both parties.
Once your confirmed Trip Request transaction is complete you will receive a confirmation summarizing your confirmed Trip Request.
Only a Travel Client, not a Travel Assistant, can request extra hours or days for a Trip that has already been approved by the Travel Assistant.
Prior to the start of a trip, if a trip is expected to exceed the amount of time that was originally planned, the Travel Client must submit an additional Trip Request to cover this extension, and the Travel Assistant must agree to accept the extension via the Trip Trustees web site. If the Travel Assistant rejects the Travel Booking Request for the extension, the Travel Assistant is not obligated to provide Travel Facilitator Services beyond the already agreed upon terms.
If a trip is already in progress and the participating Members are away from the Travel Client’s home of record or point of origin, the Travel Client must submit an additional Trip Request to cover this extension, and the Travel Assistant must agree to accept the extension via the Trip Trustees web site. If the Travel Assistant rejects the Travel Booking Request for the extension, the Travel Assistant is not obligated to provide Travel Facilitator Services beyond the already agreed upon terms. But, is still entitled to be returned to the final destination as originally agreed upon. The Travel Client will be responsible for the cost of the Travel Assistant’s return trip, as per separate agreement between the Travel Assistant and the Travel Client.
Trip Trustees may, at its sole discretion, round up or round down amounts that are payable from or to Travel Clients or Travel Assistants to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency). Some currencies are denominated in large numbers. In those cases, Trip Trustees may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency.
Some Travel Assistants may pledge to donate a portion of the funds they receive to a particular cause or charity.
Tax regulations may require us to collect appropriate tax information from our Travel Assistants. For example, IRS regulations require that we collect an IRS Form W–9 from US Travel Assistants, and a similar IRS Form W–8 from non-US Travel Assistants. As a Travel Assistant you are solely responsible for keeping your tax forms current, complete and accurate. As a Travel Assistant if you fail to provide us with documentation that is sufficient to alleviate our obligation to withhold taxes from payments to you, we reserve the right at our sole discretion to freeze all payouts to you until the matter is resolved.
You are also solely responsible for remitting to the relevant authority any Taxes required by law. Trip Trustees cannot and does not offer Tax-related advice to any Members.
Payment for Additional Hours or Days of Travel Facilitator Services
As a Travel Client, you agree that you are responsible for payment of additional billable hours or days of service that extend beyond the original agreement with the Travel Assistant that occur from unforeseen but reasonable changes in circumstances to include, but not limited to, canceled or overbooked flights or other modes of travel, weather delays, illness, desire to add additional events to a trip itinerary, or any such event that results in additional use of services that would extend beyond the originally agreed upon Trip Request. Trip Trustees will verify with both the Travel Client and the Travel Assistant any Claims by Travel Assistants related to the collection of additional funds to cover additional Travel Facilitator Services rendered. Travel Client agrees to allow Trip Trustees to collect from the payment method on file, upon submission of another Trip Request to cover the extended period.
Both Travel Clients and Travel Assistants agree to cooperate with and assist Trip Trustees in good faith, and to provide Trip Trustees with such information and take such actions as may be reasonably requested by Trip Trustees, in connection with any Travel Facilitator Services provided over the amount originally agreed upon. Trip Trustees Payments will collect Additional Sums from Travel Clients according to Trip Trustees Payment Terms.
Trip Trustees Release from Medical Liability Disclaimer
YOU UNDERSTAND AND AGREE THAT TRIP TRUSTEES IS STRICTLY A NON-MEDICAL SERVICE AND DOES NOT PURPORT OR CLAIM TO PROVIDE ANY SORT OF MEDICAL ADVICE, ASSISTANCE, SERVICE, GUARANTEE OR INSURANCE IN CONJUNCTION WITH ITS WEBSITE, APPLICATION SERVICES OR MEMBERS’ ACTIONS, CLAIMS OR INTENTIONS. TRIP TRUSTEES DOES NOT ASSUME LIABILITY FOR AND IS NOT MAKING ANY CLAIM WHICH SUGGESTS THAT THE ABILITY OR INTENTION OF TRIP TRUSTEES TRAVEL ASSISTANT MEMBERS IS TO PROVIDE MEDICAL ASSISTANCE OF ANY SORT TO TRAVEL CLIENT MEMBERS.
YOU UNDERSTAND AND AGREE THAT TRIP TRUSTEES TRAVEL ASSISTANT MEMBERS PROVIDE ONLY NON-MEDICAL ASSISTANCE AND THAT IN THE EVENT OF A MEDICAL SITUATION OR EMERGENCY THE TRAVEL ASSISTANT, TO THE BEST OF THEIR ABILITY WILL CALL 911 FOR EMERGENCY ASSISTANCE. YOU ACKNOWLEDGE AND UNDERSTAND THAT TRIP TRUSTEES TRAVEL ASSISTANT MEMBERS ARE NOT EXPECTED, QUALIFIED OR REQUIRED TO ADMINISTER MEDICATION, FIRST AID, CPR, OR MEDICAL ASSISTANCE OF ANY KIND, REGARDLESS OF THE EXISTENCE OF A LIFE-THREATENING EMERGENCY. TRIP TRUSTEES TRAVEL ASSISTANTS, TRIP TRUSTEES, ITS AFFILIATES, PARENTS, SUBSIDIARIES, SHAREHOLDERS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE HELD LIABLE FOR INJURY OR DEATH AS A RESULT OF MEDICAL ASSISTANCE RENDERED OR NOT RENDERED, WHETHER OR NOT THE TRIP TRUSTEES TRAVEL ASSISTANT IS TECHNICALLY QUALIFIED TO ASSIST MEDICALLY.
Use of the Trip Trustees platform, Website or Application services, represents that you have read and understand this Release from Medical Liability Disclaimer, in its entirety, and that you acknowledge its entire final content.
In connection with your use of the Website or Application services and Collective Content, you shall not and you agree that you will not:
use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access any web pages or other services contained in the Website or Application services or Collective Content;
access our Website or Application services to expose, or allow to be used or exposed, any Trip Trustees Content that is not publicly displayed by Trip Trustees in its search results pages or listing pages before a Trip Request is confirmed or in any way that otherwise violates the privacy rights or any other rights of Trip Trustees users or any other third party;
use the Website or Application services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or such a way that falsely implies Trip Trustees endorsement, partnership or misleads your affiliation with Trip Trustees;
weaken, sully or otherwise damage the Trip Trustees brand in any way,
including unauthorized use of Collective Content,
registering and/or using Trip Trustees or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Trip Trustees domains, trademarks, taglines, promotional campaigns or Collective Content;
infringe the rights of Trip Trustees or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
interfere with or damage our Website or Application services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, IP spoofing, forged routing or electronic mail address information or similar methods or technology;
use our Website or Application services to transmit, distribute or post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
“stalk” or harass any other user of our Website or Application services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Trip Trustees Travel Client or Travel Assistant;
offer, as a Travel Assistant, any Travel Facilitator Service that you do not yourself provide;
offer, as a Travel Assistant, any Travel Facilitator Service that may not be Booked pursuant to the terms and conditions of an agreement with a third party;
register for more than one Trip Trustees Account or register for a Trip Trustees Account on behalf of an individual other than yourself;
request or book the use of any Travel Facilitator Service if you will not actually be using the Travel Facilitator Service yourself, unless by express permission by a third party such as a relative or friend;
contact another Member for any purpose other than asking a question related to a Trip Request, Travel Facilitator Service, Listing, or the Member’s use of the Website or Application services;
recruit or otherwise solicit any Travel Assistant or other Member to join third-party services, applications or websites that are competitive to Trip Trustees, without Trip Trustees’ prior written approval;
impersonate any person or entity, or misrepresent yourself or your affiliation with any person or entity;
use the Website or Application services or Collective Content to find a Travel Assistant or Travel Client and then complete a Trip Request of a Travel Facilitator Service independent of the Website or Application services, in order to circumvent the obligation to pay any Service Fees related to Trip Trustees’ provision of the Services or for any other reasons;
as a Travel Assistant, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;
engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Website or Application services;
post, submit or transmit any Content that violates, or encourages violation of any applicable law or regulation or would give rise to civil or criminal liability, is false or misleading, defamatory, obscene, pornographic, or vulgar, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group, is threatening or promotes violence or actions that are threatening to any other person or promotes illegal or harmful activities or substances;
access, tamper with, or use non-public areas of the Website or Application services, Trip Trustees’ computer systems, or the technical delivery systems of Trip Trustees’ providers;
attempt to probe, scan, or test the vulnerability of any Trip Trustees system or network or breach any security or authentication measures;
forge any part of the header information in any posting, or in any way use the Website or Application services or Collective Content to send altered, deceptive or false source-identifying information;
accept or make a payment for Travel Facilitator Fees outside Trip Trustees Payments. If you do so, you acknowledge and agree that you would be in breach of these Terms, accept all risks and responsibility, and hold Trip Trustees harmless from any liability for such payment.
Trip Trustees has the right to prosecute violations of any of the above to the fullest extent of the law. Additionally, Trip Trustees may take actions against you, including but not limited to removing or disabling your access and canceling your Trip Trustees Account, for a violation of the terms.
Trip Trustees may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Trip Trustees or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Trip Trustees, its users, or members of the public. You acknowledge that Trip Trustees has no obligation to monitor your access to or use of the Website or Application services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Website or Application services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Trip Trustees reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Trip Trustees, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website or Application services.
If you use or provide Travel Facilitator Services to anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing or illegal conduct, you should immediately report such person to the appropriate authorities and then to Trip Trustees by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Intellectual Property Ownership and Rights Notices
Our Website or Application services, and Collective Content are protected by copyright, trademark, and other laws of the United States. You acknowledge and agree that they are the exclusive property of Trip Trustees and its licensors, to include all associated intellectual property rights.
Subject to your compliance with these Terms, Trip Trustees grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Trip Trustees reserves all rights in the Application not expressly granted to you by these Terms.
Trip Trustees Content and Member Content License
Trip Trustees grants you a limited, non-exclusive, non-transferable license, to access and view any Trip Trustees Content solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
By making available any Member Content on or through the Website or Application services, you hereby grant to Trip Trustees a royalty-free license, with the right to use, copy, translate, modify, distribute and publicly display such Member Content by means of or to promote or market the Website or Application services.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Website or Application services and warrant that: you either are the sole and exclusive owner of all Member Content that you make available or; you have all rights, licenses, consents and releases that are necessary in order not to infringe upon, misappropriate or violate a third party’s copyright, trademark, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Website or Application services may contain links to third-party websites or resources. You acknowledge and agree that Trip Trustees is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Trip Trustees of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website or Application services. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Trip Trustees.
Term and Termination, Suspension and Other Measures
These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Trip Trustees terminate these Terms as described below.
Termination for Convenience
You may terminate these Terms at any time via the “Cancel Account” feature on the Site or by sending us an email. If you cancel your Trip Trustees Account as a Travel Assistant, any confirmed Trip Requests will be automatically cancelled and your Travel Clients will receive a full refund. If you cancel your Trip Trustees Account as a Travel Client, any confirmed Trip Request will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, Trip Trustees may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.
Termination for Breach, Suspension and Other Measures
Trip Trustees may immediately terminate these Terms if you have materially breached these Terms or our Policies, provided inaccurate, false or incomplete information during the Trip Trustees Account registration or Listing process, or subsequently, you have violated applicable laws, regulations or third party rights, or if Trip Trustees believes it is necessary to protect the safety or property of other Members, Trip Trustees or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Trip Trustees may deactivate Member Content, cancel confirmed Trip Requests, limit access to your Trip Trustees account and Website and Application services, or temporarily or permanently suspend your Trip Trustees Account if you have breached these Terms or our Policies, received consistently poor reviews from Travel Assistants or Travel Clients, or Trip Trustees believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Trip Trustees or third parties, for fraud prevention, risk assessment, security or investigation purposes.
If we take any of the measures described above, we may communicate to your Travel Clients or Travel Assistants that a pending or confirmed Trip Request has been cancelled, refund Travel Clients in full for any and all confirmed Trip Requests, irrespective of preexisting cancellation policies, support Travel Clients in finding potential alternative Travel Facilitator Services, and Travel Assistants will not be entitled to any compensation for confirmed Trip Requests that were cancelled.
When this Agreement has been terminated, you are not entitled to a restoration of your Trip Trustees Account or any of your Member Content. If your access has been limited, suspended, or this Agreement has been terminated by Trip Trustees, you may not register a new Trip Trustees Account or attempt to access and use the Trip Trustees Website or Application services through other Trip Trustees Accounts.
Use of The Trip Trustees Platform Is Entirely at Your Own Risk
THE TRIP TRUSTEES PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRIP TRUSTEES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE TRIP TRUSTEES PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE TRIP TRUSTEES PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE TRIP TRUSTEES PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
Trip Trustees does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Trip Trustees Platform or any hyperlinked website or featured in any banner or other advertising, and Trip Trustees will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You should use your best judgment and exercise caution where appropriate. Trip Trustees and Affiliates do not warrant that access to the Trip Trustees Platform will be uninterrupted or that the Trip Trustees Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Trip Trustees Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Travel Facilitator Service, information or materials provided through or in connection with the use of the Trip Trustees Platform. Trip Trustees and Affiliates are not responsible for the conduct, whether online or offline, of any Member. Trip Trustees and Affiliates do not warrant that the Trip Trustees Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Trip Trustees and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT TRIP TRUSTEES DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, BUT MAY CONDUCT SUCH CHECKS, AT OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS. IF WE CHOOSE TO CONDUCT SUCH CHECKS, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR MEMBER OR GUARANTEE THAT A USER OR MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND MEMBERS OF THE WEBSITE OR APPLICATION SERVICES, AND WITH OTHER PERSONS YOU COMMUNCATE WITH AS A RESULT OF HAVING USED THIS WEBSITE OR APPLICATION SERVICES. TRIP TRUSTEES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OR MEMBERS OR TO REVIEW, INVESTIGATE OR PREAPPROVE ANY TRAVEL FACILITATOR SERVICES. TRIP TRUSTEES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR MEMBERS OF WEBSITE OR APPLICATION SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS, MEMBERS OR THIRD PARTIES ASSOCIATED WITH THE USE OF THE WEBSITE OR APPLICATION SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TRIP TRUSTEES. TRIP TRUSTEES EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY TRAVEL ASSISTANT, TRAVEL CLIENT OR OTHER THIRD PARTY.
TRIP TRUSTEES AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN MEMBERS OF ITS TRIP TRUSTEES PLATFORM. TRIP TRUSTEES AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE TRIP TRUSTEES PLATFORM.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT TRIP TRUSTEES IS ONLY WILLING TO PROVIDE THE TRIP TRUSTEES PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT NEITHER TRIP TRUSTEES, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SHAREHOLDERS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR APPLICATION SERVICES WILL BE LIABLE TO YOU FOR ANY COMPENSATORY, INCIDENTAL, SPECIAL, EXEMPLARY,CONSEQUENTIAL OR ANY OTHER TYPE OF DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF TRAVEL FACILITATOR SERVICES, FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR APPLICATION SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR MEMBERS OF THE WEBSITE OR APPLICATION SERVICES OR THIRD PARTIES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRIP TRUSTEES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TRAVEL CLIENTS ALSO AGREE THAT THIS LIMITATION OF LIABILITY APPLIES TO ANY POTENTIAL DAMAGES OR CLAIMS OF TRAVEL CLIENTS AGAINST TRAVEL ASSISTANTS. TRIP TRUSTEES’ RIGHTS AND DEFENSES TO LIABILITY, INCLUDING THIS LIMITATION OF LIABILITY, SHALL INURE TO THE BENEFIT OF TRIP TRUSTEES TRAVEL ASSISTANTS, WHO SHALL HAVE NO LIABILITY TO TRAVEL CLIENTS WHICH IS GREATER THAN OR DIFFERENT FROM THAT OF TRIP TRUSTEES.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE TRAVEL ASSISTANTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE TRIP TRUSTEES PAYMENT TERMS, IN NO EVENT WILL TRIP TRUSTEES AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE WEBSITE OR APPLICATION SERVICES. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages, so certain aspects of the limitations above may not apply to you.
You agree to release, defend, indemnify, and hold Trip Trustees and its affiliates, subsidiaries, parents, successors and assigns and their managers, owners, officers, directors, employees and agents, harmless from and against any claims, actions, suits, costs, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, including attorneys’ fees and costs, arising out of or in any way connected with (a) your access to or use of the Website or Application services, or Collective Content(b) your violation of these Terms; (c) your Member Content; (d) your (i) interaction with any Member, (ii) Trip Request of Travel Facilitator Services, or (iii) creation of a Listing;; (e) your violation of any law or the rights of a third party, including but not limited to, Travel Assistants or Travel Clients, as a result of your interaction with such third party, or (f) any other activities in connection with the Travel Facilitator Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Payment Terms of Service
“Payment Method” means a payment method that you have added to your Trip Trustees Account, such as a credit card, debit card, ACH or PayPal.
“Payout Method” means a payout method that you have added to your Trip Trustees Account, such as ACH, PayPal, direct deposit or electronic funds transfer, a prepaid card or a debit card (where available).
Financial Terms for Travel Assistants regarding Bookings
Trip Trustees will collect the Total Fees from the Travel Client at the time that the Travel Client and the Travel Assistant both, collectively, make their final confirmation to travel together after having met through the messaging service on triptrustees.com or in person. Trip Trustees will initiate payment of the Travel Facilitator Fees (less Trip Trustees’ Fees and any Taxes) to the Travel Assistant 24 hours after the scheduled Trip completion date. Some Payout Methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services, including by deducting their charges from the payout amount.
If you owe or agree to pay any amount to Trip Trustees, then Trip Trustees may withhold the amount from any payout amounts due to you as a Travel Assistant, and use the withheld amount to set off the amount owed by you to Trip Trustees. In addition to the amount due to Trip Trustees, you may be charged fees such as collection fees, convenience fees, or other third-party charges. You hereby agree that all communication from Trip Trustees about past due accounts will be made by electronic mail or by phone. Trip Trustees may employ anyone on their behalf, including a third-party collection agent.
Appointment of Trip Trustees as Limited Payment Collection Agent for Travel Assistant
Each Travel Assistant hereby appoints Trip Trustees as the Travel Assistant’s limited payment collection agent solely for the purpose of accepting the Travel Facilitator Fees from Travel Clients.
Each Travel Assistant agrees that payment made by a Travel Client through Trip Trustees, shall be considered the same as a payment made directly to the Travel Assistant, and the Travel Assistant will make the Travel Facilitator Services available to the Travel Client in the agreed-upon manner as if the Travel Assistant has received the Travel Facilitator Fees. Each Travel Assistant agrees that Trip Trustees may, in accordance with the cancellation policy selected by the Travel Assistant and reflected in the relevant Listing, refund to the Travel Client that portion of the Travel Facilitator Fees specified in the applicable cancellation policy. Each Travel Assistant understands that Trip Trustees accepts payments from Travel Clients as the Travel Assistant’s limited payment collection agent and that Trip Trustees’ obligation to pay the Travel Assistant is subject to and conditional upon successful receipt of the associated payments from Travel Clients. Trip Trustees does not guarantee payments to Travel Assistants for amounts that have not been successfully received by Trip Trustees from Travel Clients. In accepting appointment as the limited collection agent of the Travel Assistant, Trip Trustees assumes no liability for any acts or omissions of the Travel Assistant or Travel Client.
Financial Terms for Travel Clients regarding Bookings
You acknowledge and agree that, notwithstanding the fact that Trip Trustees is not a party to the agreement between you and the Travel Assistant, Trip Trustees acts as the Travel Assistant’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Travel Assistant. Upon your payment of the Total Fees to Trip Trustees, your payment obligation to the Travel Assistant for the Travel Facilitator Fees is extinguished, and Trip Trustees is responsible for remitting the Travel Facilitator Fees (less the Travel Assistant Service Fee). In the event that Trip Trustees does not remit any such amounts as described in these Payments Terms, such Travel Assistant will have recourse only against such Trip Trustees entity.
After the Travel Client chooses a Travel Assistant and sends a Trip Request, which will contain the Client’s Trip Summary, the Travel Assistant can immediately decline the trip, or, express interest in the trip. You may discuss trip details by other electronic means provided by the Website or Application services or, preferably, meet in-person (highly recommended). After due diligence, the Travel Client and the Travel Assistant must both, collectively, make their final confirmation to travel together via their Trip Trustees account. If either party declines the trip after the meeting, we will try to help the Travel Client find another Travel Assistant, and the Travel Client will not be charged. If both parties accept the trip, it becomes a Confirmed Trip Request and the Travel Client will be asked for payment of the Total Fees to secure the trip.
You as a Travel Client agree that Trip Trustees may charge your Payment Method the Total Fees for any Confirmed Trip Request in connection with your Trip Trustees Account. You understand and agree that Trip Trustees, on behalf of the Travel Assistant, reserves the right, to obtain a pre-authorization via your Payment Method for the Total Fees to verify your Payment Method. Trip Trustees will collect the Total Fees due from the Client once the Travel Client and the Travel Assistant both, collectively, make their final confirmation to travel together, via the Trip Trustee Website or Application service, after having had discussed the details of the trip. Once the payment transaction for your Trip Request is successfully completed you will receive a confirmation email summarizing your confirmed Booking.
If a Trip Request is not collectively, confirmed by both the Travel Client and the Travel Assistant, via the Trip Trustee Website or Application service, any pre-authorization of the Travel Client’s Payment Method will be released, if applicable.
In connection with your Trip Request, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to Trip Trustees or its third-party payment processor(s). You agree to pay Trip Trustees for any confirmed Trip Request made in connection with your Trip Trustees Account in accordance with these Payments Terms by one of the methods supported by the Website or Application Services (e.g. by PayPal, credit card or debit card). You authorize Trip Trustees to charge the Payment Method on file in your Trip Trustees Account in the event of mutually agreed upon trip extensions that occur while the trip is in progress.
If Trip Trustees is unable to collect any amounts you owe for a confirmed Trip Request or trip extension, Trip Trustees may engage in collection efforts to recover such amounts from you. You hereby agree that all communication from Trip Trustees about past due accounts will be made by electronic mail or by phone. Trip Trustees may employ anyone on their behalf, including a third-party collection agent.
Trip Trustees cannot influence any fees that may be charged to a Travel Client by his or her third-party payment service provider related to Trip Trustees’ collection of the Total Fees, and Trip Trustees disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider.
In consideration for the use of the Trip Trustees online platform and marketplace, Trip Trustees charges Service Fees:
Trip Trustees deducts the Travel Assistant Service Fee from the Travel Facilitator payout before remitting the balance to the Travel Assistant.
The Travel Client Service Fee is included in the Client’s Total Fees at the time of booking.
When a Member agrees to provide a financial or service-oriented solution to another Member as part of a solution in conjunction with the Trip Trustees Resolution Center, both parties acknowledge and agree that they, and not Trip Trustees, will be responsible for financially funding and physically performing their respective obligations, and that Trip Trustees is not a party to such agreements.
Each Member agrees that Trip Trustees may collect from you any amount paid through the Resolution Center in connection with your Trip Trustees Account by charging the Payment Method associated with the relevant Trip Request, or by withholding the amount from future payouts.
Each Travel Assistant collecting payment for Travel Facilitator Services through the Resolution Center hereby appoints Trip Trustees as their limited payment collection agency for the purpose of accepting funds from another Member for the purchase of such services. Each Travel Assistant agrees that payment made by a Travel Client through Trip Trustees, shall be considered the same as a payment made directly to the Travel Assistant, and will make their Travel Facilitator Services available to the Travel Client in the agreed-upon manner as if the Travel Assistant has received the Travel Facilitator Fees. Each Travel Assistant agrees that Trip Trustees may, in accordance with the cancellation policy selected by the Travel Assistant and reflected in the relevant Listing, refund to the Travel Client that portion of the Travel Facilitator Fees specified in the applicable cancellation policy. Each Travel Assistant understands that Trip Trustees accepts payments from Travel Clients as the Travel Assistant’s limited payment collection agent and that Trip Trustees’ obligation to pay the Travel Assistant is subject to and conditional upon successful receipt of the associated payments from Travel Clients. Trip Trustees does not guarantee payments to Travel Assistants for amounts that have not been successfully received by Trip Trustees from Travel Clients. In accepting appointment as the limited collection agent of the Travel Assistant, Trip Trustees assumes no liability for any acts or omissions of the Travel Assistant.
As a Travel Client, if you are paying for Travel Facilitator Services via the Resolution Center, you agree that, Trip Trustees is not a party to the agreement between you and the Travel Assistant, and that Trip Trustees acts as the Travel Assistant’s limited payment collection agency for acceptance of payments from the Travel Client on the Travel Assistant’s behalf. Upon the Travel Client’s payment to Trip Trustees, Trip Trustees is responsible for remitting the funds, in the manner described in these Payments Terms. In the event that Trip Trustees does not remit any such amounts as described in these Payments Terms to the Travel Assistant, the Travel Client will have recourse only against Trip Trustees.
Recurring Payments for Extending a Trip WITH the Travel Assistant’s Consent
For some select Trip Request Requests with travel periods which have a definite start date, but indefinite end date, the Travel Clients may arrange to make recurring, incremental payments toward the Total Fees owed for each sequential segment, Trip Trustees will initiate payouts to the Travel Assistant, in the increments and at the frequency determined by the applicable recurring payments arrangement at the completion of each applicable segment of the Trip.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of, including crediting or debiting the same Payout Method or Payment Method used for the original payout to or payment by you, to the end of correct, fair reconciliation.
Trip Request Modifications
If, as a Travel Client, you owe additional amounts to Trip Trustees due to a Trip Request Modification, you agree that Trip Trustees may collect such amounts by charging the Payment Method used to make your confirmed Trip Request. If, as a Travel Assistant, you owe Trip Trustees any amounts due to a Trip Request Modification, you agree that Trip Trustees may collect those amounts pursuant to the Payments Terms.
As required by law, you hereby instruct and authorize Trip Trustees to collect Taxes from Travel Clients on the Travel Assistant’s behalf at the time Travel Facilitator Fees are collected, and to remit such Taxes to the Tax Authority, if applicable.
Extending a Trip WITHOUT the Travel Assistant’s Consent
If you as a Travel Client extend a trip, that is currently in progress, past the agreed upon trip completion date and time without the Travel Assistant’s consent, and outside the confines of the Extenuating Circumstances Policy, you agree that Trip Trustees, in its role as limited payment collection agent for the Travel Assistant, may charge the Payment Method on file in your Trip Trustees Account to collect amounts, in increments of 24 hour periods, for any time extending into the next 24 hour period that extends over the agreed upon period without the Travel Assistant’s consent. An additional fee to cover the inconvenience suffered by the Travel Assistant, plus all applicable Service Fees, Taxes, and any expenses incurred by the Travel Assistant to return to the originally planned completion destination, with or without the Travel Client will be collected as additional Total Fees (Additional Sums). In addition, Trip Trustees may recover any costs and expenses it incurs in collecting the Additional Sums by charging the Payment Method on file in your Trip Trustees Account.
The Travel Client may make a new Trip Request to find a replacement Travel Assistant in their current local area to cover the extended period. The new Trip Request must be made after payment is received to compensate the original Travel Assistant including travel plans back to the originally planned completion destination.
You authorize Trip Trustees to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes, you agree to update it as soon as possible. Additionally, you authorize Trip Trustees to acquire that information from our financial services partner or your bank and update your Payment Method on file in your Trip Trustees Account.
Trip Trustees Contracting Entity
The Trip Trustees entity with whom you are contracting for the purposes of the Payment Services will be determined for each payment or payout based on the jurisdiction in which the relevant Payment Method or Payout Method was issued. The jurisdictions and the corresponding Trip Trustees contracting entity are set forth below:
Jurisdiction Local Contracting Entity
United States Trip Trustees
Trip Trustees will provide the Travel Assistant notice via email when we initiate each payout transaction. We will also provide notice if the payout is returned to us because of an error. Trip Trustees will use the email address related to your Trip Trustees Account. It is your responsibility as a Travel Assistant to ensure that you provide us with a current, accurate and valid email address.
Controlling Law and Jurisdiction
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Leon County, city of Tallahassee, State of Florida or a United States District Court, Northern District of Florida located in Tallahassee, Florida for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
Dispute Resolution and Arbitration Agreement
You and Trip Trustees agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Trip Trustees are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Trip Trustees otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms, and if any provisions in this Dispute Resolution section are deemed unenforceable, the remaining provisions will remain enforceable.
Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1–800–778–7879.).
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties and approved by the AAA, or from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Trip Trustees otherwise agree, the arbitration will be conducted in Leon County, in the State of Florida. The AAA initially will determine the locale of the arbitration. If a party does not agree with the AAA’s decision, that party can ask the arbitrator, once appointed, to make a final decision. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Trip Trustees submit to the arbitrator pursuant to the AAA’s Documents-Only Procedures, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of documents and information by the parties, consistent with the expedited nature of the arbitration. Depositions shall be limited to a maximum of 5 per party and shall be held within 60 days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrator and for good cause shown.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator will have the authority to allocate the cost of the arbitration process among the parties, but will only have the authority to allocate attorney’s fees if a particular law permits them to do so.
Changes. Notwithstanding the provisions of the “Modification” section above, if Trip Trustees changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) to the email or mailing address provided in the “Contacting Trip Trustees” section within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Trip Trustees’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Trip Trustees in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
Confidentiality. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.
The failure of Trip Trustees to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Trip Trustees. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties, except as expressly provided in these Terms.
Except as they may be supplemented by a document referenced and incorporated herein or by additional Trip Trustees policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Trip Trustees and you regarding the Website or Application services, Collective Content, and any Trip Requests or Listings of Travel Facilitator Services made via the Website or Application services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Trip Trustees and you regarding Trip Requests or listings of Travel Facilitator Services, the Website or Application services, and Collective Content.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Trip Trustees (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.
Contacting Trip Trustees
If you have any questions about these Terms please contact Trip Trustees.
2355 Centerville Road #12461
Tallahassee, FL 32308-9998