Welcome to the TravelSort.com Web site (the "Web site") operated by Tripfriend, Inc. dba TravelSort. This Web site is provided solely to assist users in gathering travel information, obtaining personalized travel recommendations, posting opinions of travel related issues, socializing with like-minded travelers, accessing exclusive travel sales, (collectively, "Service" or "TravelSort Service") and for no other purposes. The terms "we", "us", "our" and "TravelSort" refer to TripFriend, Inc., a Delaware corporation, and/or our subsidiaries. The term "you" refers to the user visiting the Web site and/or contributing content on this Web site.
This Web site is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Web site in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Web site. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Web site signifies your acceptance of the updated or modified Agreement.
Use of the Web site
In order to access certain features of the TravelSort.com site, including personalized travel recommendations and exclusive hotel deals, you must become a TravelSort Member ("Member") by creating an account. You may register only one user account, and to be eligible for hotel deals, it must be your real name, which will appear as your first name followed by the first initial of your last name. As further conditions of your use of this Web site, you warrant that (i) all information supplied by you on this Web site is true, accurate, current and complete, (ii) if you have a TravelSort.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you and (iii) you are 13 years of age or older in order to register for an account and contribute to our Web site. TravelSort does not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Web site and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Copying, transmission, reproduction, republication, posting or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of TravelSort. To request permission, you may contact TravelSort at email@example.com
Users of the Web site will not incur any charges for using the Web site in accordance with these Terms and Conditions. The Web site, however, may contain links to third-party Web sites that are operated and owned by independent service providers or retailers. Such third-parties may charge a fee for use of certain content or services provided on their respective Web sites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where TravelSort provides details of charges on the Web site, such information is provided for convenience and information purposes only. TravelSort in no way guarantees that this information is correct nor is it in anyway responsible for content or services provided on such third party Web sites.
Purchasing and Paying for Credits
Credits are purchased prior to participating in a TravelSort reverse auction. To purchase credits, You access the credit purchase page and enter into an online transaction to purchase one or more credits. A credit may be purchased individually or in a bundle at the corresponding prices noted on the site. CREDITS ARE VALID FOR ONE YEAR AFTER THEY HAVE BEEN CREDITED TO YOUR ACCOUNT. UPON EXPIRATION, CREDITS BECOME VOID AND CAN NO LONGER BE USED. Once a Credit is used, it is deducted from your account and cannot be used again. Unused Credits may be refunded in accordance with TravelSort’s Refund Policy. Refunds will not be issued for used bids, expired Bids or free Bids. For further information on refunds please see our Refund Policy.
How TravelSort Auctions Work
To find a list of current and upcoming auctions, You access the Auction page. The Auction page provides a list of reverse auctions and those that have not yet started. Clicking on the name of the hotel or experience will typically, although not necessarily bring You to a page with a description of the hotel and specific room or suite, additional photos, hotel location, and approximate retail value.
If an auction has not yet started, You may opt to be notified of its start by clicking the “Notify Me” button. By clicking the “Notify Me” button, which will notify you fifteen (15) minutes (or the time specified in the “Notify Me” popup confirmation) prior to when the auction begins. If an auction is live, You may enter it immediately.
To enter a live reverse auction, You must spend the required number of credits specified for that particular auction. After you click “Enter Sale” the number of credits spent to enter an auction will be deducted from Your account. The number of credits necessary to enter a sale typically ranges from 1 credit to 5 credits.
Once You enter a live auction, you will see the current price the hotel suite or experience is on sale for, which you can click to purchase the hotel suite or experience. The price decreases over time, with the rate of decrease depending on the number of TravelSort Members participating in the auction. The more Members participating in the auction, the faster the price decreases. You and any other auction participant may at any time click the “Buy Now” button to lock in the then-current sale price. Once all the hotel suites or experiences for sale in the auction are sold out, the auction ends.
AUCTION WITH ONE ITEM: If the quantity of suites or experiences up for sale is one, the “Buy Now” button will remain active for each Member participating in the sale until one of the Members clicks the “Buy Now” button to lock in the current price displayed at the time that Member clicks the “Buy Now” button. Once a Member clicks “Buy Now”, he/she is brought to the checkout page where s/he has two (2) minutes to complete the transaction.
While the Member who clicked “Buy Now” is checking out, all the other Members in the sale will see the “Buy Now” button turn into a grey “On Hold” button. Once the transaction is complete, the “On Hold” button will change to “Sold.”
If the Member checking out runs out of time or clicks the “Return to Auction” button at the bottom of the checkout page, the item is released back into the sale and the “On Hold” button turns back into the “Buy Now” button for all Members in the sale except for the Member who previously clicked “Buy Now”. The current price will start to drop again until a Member hits the “Buy Now” button. Once a Member clicks the “Buy Now” button, the process described above repeats until a Member completes a purchase and ends the sale. The first Member to click the “Buy Now” button and complete the purchase is the winner of the auction.
AUCTION WITH MULTIPLE ITEMS: If the quantity of suites or experiences up for sale is greater than one, the “Buy Now” button will remain active for each Member participating in the auction until one of the Members clicks the “Buy Now” button to lock in the current price displayed at the time that Member clicks the “Buy Now” button. Once a Member clicks “Buy Now” he/she is brought to the checkout page where he/she has two (2) minutes to complete the transaction.
While the first Member who clicked “Buy Now” is checking out, the “Buy Now” button will remain active for all other Members participating in the auction. The first Member to click the “Buy Now” button and complete his/her purchase is the first winner of the auction. The first winner has committed to purchase one of the suites or experiences at the then-current price displayed at the time the first winner clicked the “Buy Now” button. The current price will continue to decrease and the “Buy Now” button will remain active until another Member clicks the “Buy Now” button. The second Member to click the “Buy Now” button is the second winner of the auction for the suite or experience. The second winner has committed to purchase one of the item for auction at the then-current price displayed at the time the second winner clicked the “Buy Now” button. The sale will continue in this way until all the suites or experiences have been sold.
Once a Member hits the “Buy Now” button to lock in the price for the last remaining item in the sale, the sale will be suspended as with the one-item sale: all the Members currently in the sale will see the “Buy Now” button turn into a grey “On Hold” button. Once all the winners have completed their transactions, the “On Hold” button will change to “Sold” and the sale will end.
If, for whatever reason, including reasons beyond any Member’s or TravelSort’s control, a Member who clicks the “Buy Now” is unable to confirm his/her purchase on the checkout page either because he/she does not fill in all the information and/or TravelSort does not accept the information required and/or the Member’s payment is not made or confirmed within the two (2) minute period, the Member will not win the suite or experience, and will not be eligible to click “Buy Now” again in that auction.
Winners of all reverse auctions are determined based on the TravelSort’s database and TravelSort’s decision regarding the identity of auction winners shall be final and binding on all Members.
From time to time, TravelSort may provide free credits to Members for promotional, marketing, and other purposes. All circumstances under which TravelSort provides such credits are solely within the discretion of TravelSort, and the rules and policies relating to such credits may be modified at any time by TravelSort. Free credits are not redeemable for cash and have no value other than as applied credits to certain purchases on the TravelSort Web site. Unused free credits expire one (1) year from the date they are credited to the Member’s account unless otherwise specified and are subject to cancellation by TravelSort in its sole discretion. Free credits are not transferrable from one Member to another Member.
Members who have not won a reverse auction may be eligible for exclusive deals on other rooms or experiences at the hotel featured in the auction the Members just participated in. Information on how to book these exclusive deals will be emailed to Members who participated in but did not win the reverse auction.
By using the TravelSort Service, you acknowledge and agree to TravelSort’s provision of, and your access to and use of, the TravelSort Service in accordance with the description set forth above.
RESERVATIONS FOR AUCTION WINNERS
After an auction has ended, the successful winner(s) will be presented with a Web site page that will allow for the auction winner(s) to confirm the dates of travel. Auction winners will have 24 hours to submit travel dates on this page. After this 24 hour period has elapsed, the ability to confirm travel dates for the available dates previously described on the availability calendar for the hotel or experience will be revoked and all bookings will then be subject to availability. Members may win up to 5 auctions in a calendar month or in any part of a calendar month.
Please see our Refund Policy for Credits.
HOTEL BOOKING RULES AND RESTRICTIONS
Hotel and other experience bookings available through this Site are subject to the published conditions of carriage and rules of the applicable hotel or booking partner. TravelSort offers Auction Rates, which are only available to the winner or winners of that auction. Exclusive deals available to Members who did not win an auction are typically booked directly on Partners’ We sites.
Certain travel destinations may require passport and other travel documentation requirements, and it is solely Your responsibility to determine and comply with such requirements.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. TravelSort urges passengers to investigate and review travel prohibitions, warnings, announcements and advisories issued by their country of residence, as well as destination country governments, prior to booking travel to international destinations.
BY OFFERING FOR SALE OR LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, TRAVELSORT DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
At present, and with current technology it is not possible to operate with 100% guaranteed uptime. In some cases, system outages may interrupt the ability to view content on the Web site or participate in auctions. In this case, TravelSort will attempt to halt all auctions and bidding on those auctions until the system outage is resolved. Auctions that are halted will be clearly designated as such. TravelSort will make commercially reasonable efforts to resume the auctions after the outage is resolved. In the event of a system wide outage that prevents you from participating or purchasing, TravelSort will, as Your sole remedy for any outage, refund credits used to access auctions that you were participating in at the time of the outage.
The content and information on this Web site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Web site. Additionally, you agree not to:
Reviews and use of the Web site’s interactive features
Please be aware that by submitting content to this Web site by electronic mail, postings on this Web site or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Content”), you (1) grant TravelSort and its affiliates a worldwide, nonexclusive, royalty-free, for the term of copyright and all renewals thereto, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (2) grant TravelSort and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and (3) represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant TravelSort the right to pursue at law any person or entity that violates your or TravelSort's rights in the Content by a breach of these Site Terms.
Content submitted by users will be considered non-confidential and TravelSort is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, TravelSort reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. TravelSort is under no obligation to offer you any payment for Content that you submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to TravelSort. TravelSort shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
The Site may contain discussion forums, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, photos, materials or other items on the Site ("Interactive Areas"). If TravelSort provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
TravelSort takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is TravelSort liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, TravelSort is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although TravelSort has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, TravelSort reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (1) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (2) you have no objection to the publication, use, modification, deletion and exploitation of the Content by TravelSort or its licensees, successors and assigns; (3) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (4) you forever release TravelSort, and its licensees, successors and assigns, from any claims that you could otherwise assert against TravelSort by virtue of any such moral rights.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR ERRORS. TRAVELSORT, TRIPFRIEND, INC., ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "TRIPFRIEND COMPANIES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, TOUR, CAR AND ANY OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.).
THE TRIPFRIEND COMPANIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE TRIPFRIEND COMPANIES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE TRIPFRIEND COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEB SITE, ITS SERVERS OR ANY EMAIL SENT FROM THE TRIPFRIEND COMPANIES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRAVELSORT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST TRAVELSORT, TRIPFRIEND, INC., THEIR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE WEB SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF WEB SITE CONTENT, OR ALLEGATIONS THAT TRAVELSORT HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.
IN NO EVENT SHALL THE TRIPFRIEND COMPANIES (ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEB SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEB SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TRAVELSORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend and indemnify TravelSort and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Links to Third Party Sites
This Web site may contain hyperlinks to Web sites operated by parties other than TravelSort. Such hyperlinks are provided for your reference only. We do not control such Web sites and are not responsible for their contents or the privacy or other practices of such Web sites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Web site or other Web sites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. In some cases you may be asked by a third party site to link your profile on TravelSort to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
Copyright and Trademark Notices
All contents of this Web site are: ©2013 TravelSort. All rights reserved. TravelSort is not responsible for content on Web sites operated by parties other than TravelSort. TRAVELSORT and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of TravelSort, TripFriend Inc., and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TravelSort or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TravelSort and may not be copied, imitated or used, in whole or in part, without the prior written permission of TravelSort. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TravelSort.
Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of either your brand or our brand, please let us know by e-mailing us at firstname.lastname@example.org. We only address messages concerning brand infringement at this email address.
Termination and Modifications
Nowithstanding any provision of these Site Terms, TravelSort reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Services; and (d) impose limits on the Site, Site Content or Services.
Seller of Travel
Tripfriend, Inc. dba TravelSort is a registered seller of travel in the following states:
California registration number: 2104202-50
Florida Seller of Travel Registration number: 38062
Washington registration number: 603 079 459
California residents: CST # 2104202. California law requires certain sellers of travel to have a trust account or bond. This business has a bond issued by International Fidelity Insurance Company in the amount of $5,000. TravelSort is not a participant in the Travel Consumer Restitution Fund.
This Web site is operated by a U.S. entity and this Agreement is governed by the laws of the State of New York, USA. You hereby consent to the exclusive jurisdiction and venue of courts in New York, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Web site or TravelSort Service. You agree that all claims you may have against Travelsort.com and TripFriend, Inc. arising from or relating to the Web Site must be heard and resolved in a court of competent subject matter jurisdiction located in the state of New York. Use of this Web site and TravelSort Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and TravelSort, TripFriend Inc., and/or their Affiliates as a result of this Agreement or use of this Web site or TravelSort Service.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Web site or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Web site or the TravelSort Service within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and TravelSort with respect to this Web site and the TravelSort Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and TravelSort with respect to this Web site and the TravelSort Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form
Any rights not expressly granted herein are reserved.