Terms & Conditions

Terms and Conditions for MyTrips360 Enrolment Plans

Last updated: February 17, 2018

Individual
Plan Enrolment

Participation in the closed-user group, which entitles the Plan Enrolee to access all of the Benefits offered by MyTrips360 through the MyTrips360 Enrolnent Plans.

Individual Plan Enrolment Application

Your application form, including these Terms and Conditions, and the application process.

Monthly Plan
Fee

The monthly payment made by a Plan Member to maintain Enrolment in the Plan.

Website

The MyTrips360 Website, mytrips360.com or sub domains of that Website and any other websites including subdomains through which MyTrips360 may offer access to Program Benefits from time to time.

Provider

A third party with whom MyTrips360 has entered into a contract whereby the third party provides Benefits to Enrolees of the MyTrips360 closed-user group Enrolment Plans operated by MyTrips360.

Enrolment Plans

The MyTrips360 Enrolment Program.

1- Minimum Age:
You must be 18 years of age or older.

2- Acceptance:
Enrolment in the Plan becomes effective only when the Plan Enrolment Application is accepted by MyTrips360 and the Initial Setup Fee and first Monthly Fee are paid and received by MyTrips360, and you have accepted these Terms and Conditions of the Plan. Continued participation is at all times after acceptance, conditional upon payment by you of the Monthly Fee. MyTrips360 may refuse to accept any Plan Enrolment Application in its sole discretion.

3- Payment Authorization:
You hereby authorize MyTrips360 to charge your credit or debit card identified in your Application, or provided to MyTrips360 from time to time, with the Monthly Fee. You hereby certify that the credit or debit card used to make payment is held in your name or that you are an authorized user of the card. Payments contemplated by this purchase consist of the recurring Monthly Fees until the Enrolment is cancelled by notice in writing in accordance with these Terms and Conditions.

4- Providers of Benefits:
MyTrips360 supplies certain Benefits itself and/or through associated entities but also contracts with various Providers to provide Benefits to Enrolees, which Benefits will change from time to time. MyTrips360 shall at all times provide updated information as to Benefits available on its Website.

5- Authorized Users:
Benefits may be used by any Enrolee. When using the portals, unless User has a Family Plan, a maximum of two (2) adults aged 18 or older may travel per booking provided at least one (1) adult on the booking is an Enrolee or is an adult aged 18 or older who resides in the same household as an Enrolee. An Enrolment may only be held in the name of an individual person; MyTrips 360 does not accept Enrolment Applications in multiple names, partnerships, and trusts or in the names of, or on behalf of, business entities. Family Plans allow the Enrolee to book for all Dependent Children. Dependent children are those children residing with their parent(s) or legal guardian(s), in full-time education and 18 years of age or under. Those children who are over the age of 18, unmarried, residing with their parent(s) or legal guardian(s), and attending full-time education (up to the age of 25) are also considered dependent children for these purposes. In addition, a child who is permanently disabled (no matter what age) and under the direct care of his or her parent(s) or legal guardian(s) is a dependent child for these purposes.

6- Selection of Benefits:
It is your responsibility to choose which Benefits you use. Except in accordance with the provisions for Cancellation in these Terms and Conditions, you will not be eligible for a full or partial refund of your Monthly Fees as a result of your non-use of any of the Benefits of the Program. Benefits available may be varied and/or replaced by alternative Benefits at any time in the sole discretion of MyTrips360.

7- Availability:
When using the portals, please note that due to the inherently limited inventory in the industry, the availability of specific services or features such as room upgrades or amenities is not guaranteed and may be subject to limits on availability or price, which may vary. MyTrips360 makes every reasonable effort to give you access to the best possible price, but prices may increase above the initially published price due to limited inventory availability. Benefits are booked subject to the booking terms and cancellation policy applicable to each booking, which may contain restrictions imposed by a Provider, such as minimum or maximum age requirements, travel insurance and visa requirements. It is your responsibility to ensure that you are able to comply with the booking terms, including any such restrictions or requirements, before booking. MyTrips360 shall not be responsible for your failure to comply with such restrictions or requirements.

8- Plan Membership is Non-Transferable:
Membership is personal to you as an Enrolee and you may not transfer, assign, charge or otherwise dispose of any of your rights or obligations. Enrolment shall terminate automatically on the death of the individual in whose name the Plan Membership is held.

9- Provider Terms and Restrictions:
These Terms and Conditions must be read in conjunction with the terms and restrictions unique to each Provider, and the purchase of all products and/or services is subject to the terms and conditions of use or booking of the Provider supplying such products or services to the Enrolee.

10- Website Content Without Warranties:
All materials, information, software, products, and services included on or available through the Website (the “content”) are provided “AS IS” and “AS AVAILABLE” for your use. The content is provided without warranties of any kind, either express or implied.

11- Disclaimer of Liability and Limitation of Damages:
MyTrips360, its parents, subsidiaries, associated entities, Providers, contractors, licensors, suppliers, agents, any independent provider/transmitter of information, and the employees, agents, assigns, owners, officers or directors of the foregoing parties (collectively, the “covered parties”) shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from: (1) the use of, or inability to use, the Website; (2) any inaccuracy, error, delay in or omission of, any information, or the transmission or delivery of any information; (3) any negligent or reckless act or omission; or (4) any force majeure event. In no event shall any of the covered parties’ liability for damages to an Enrolee exceed the Fees paid by the Enrolee during the 12 months immediately preceding the first event that is alleged to have caused the damages. Nothing in this clause shall be effective to limit the liability of the covered parties in respect of death or personal injury caused by negligence.

12- Arbitration:
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions shall be resolved exclusively by confidential, binding arbitration in Toronto, Ontario, Canada. The arbitration shall be conducted before the Canadian Arbitration Association, before a single arbitrator, and shall be conducted pursuant to the Commercial Dispute Resolution Procedures then in effect. Judgment upon any award rendered in the arbitration may be enforced by any court of competent jurisdiction. Unless decided otherwise in the arbitration, each party shall bear its own fees and costs, and costs of arbitration/shall be shared equally.

13- Governing Law:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, excluding its conflict of laws rules. Any conflict or inconsistency between these Terms and Conditions and the Website Terms of Use at www.mytrips360.com shall be resolved in favor of the Website Terms of Use. Consumers in England, Wales, Northern Ireland and Scotland have certain important rights under the consumer protection provisions of Regulations 7-8, 13-18 and Schedule 2 of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which are hereby included by reference as additional Terms and Conditions of said Consumers’ Membership in the Insider Travel Club. You may access The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, by clicking: http://www.legislation.gov.uk/uksi/2013/3134/pdfs/uksi_20133134_en.pdf. Any conflict or inconsistency between the applicable provisions of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and provisions of these Terms and Conditions of Membership shall be resolved in favor of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

14- Propriety Ownership and Rights:
The Website content, including, but not limited to, its appearance, layout, color scheme, and design, and the Program, software, logos, trade, service and other marks used with the Website or the Program from time to time belong to and shall remain the property of MyTrips360 or its licensors and are protected by intellectual property laws. Any software that is made available to download from the Website (the “Software”) is the copyrighted work of MyTrips360, its subsidiary, associated or affiliated entities and/or its Providers and/or their suppliers or licensors. MyTrips360 grants you only a limited, non-transferable, revocable and non-exclusive license to use the Software, documentation and other content of the Website necessary to access, explore and otherwise use the Website in real time and to use the materials and the Benefits of the Program on the Website in a manner consistent with these Terms and Conditions. Copying or reproduction of the Software or of the Website content or Program to any other server or location for further reproduction or redistribution is expressly prohibited. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the Website content or the Program, in whole or in part, by any means, except as expressly authorized in writing by us. You shall not use, disseminate or reproduce any MyTrips360 copyrights, trademarks or other intellectual property in marketing materials, or in advertising on social media, including, but not limited to, Facebook, Twitter, or LinkedIn, domain registration or any other advertising and or marketing outlet without the prior express written consent of MyTrips360.

15- Website Use:
You shall not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions, the Website Terms of Use, or applicable law, and you agree to respect the rights of other users of the Website. MyTrips360 reserves the right to terminate your use of the Website and your Enrolment if, at any time, you engage in any conduct that MyTrips360, in its sole discretion, deems to be detrimental to MyTrips360, the general public or other users. In such instances, you shall forfeit Reward “points” or any other incentives awarded by MyTrips360 or our Providers that are accrued but not redeemed or used upon the termination of your Enrolment.

16- Independent Relationship:
No relationship between MyTrips360 and any third parties, including, but not limited to, Providers, travel agents, travel experts, writers, and Enrolees, whether or not they share in the revenues and/or profits of MyTrips360, who post, publish, view, receive, or utilize information and/or materials on the Website shall be construed as establishing agency, employment, partnership, joint venture or any other relationship giving rise to vicarious liability of MyTrips360, its parent, subsidiaries, Providers, associated or affiliated entities or any officer thereof.

17- Changes to Terms and Conditions:
MyTrips360 may revise and amend these Terms and Conditions from time to time. Your use of any of the Website or Benefits offered in the Program will be subject to the Terms and Conditions in force at the latest time you access the Website and the Benefits, and your use of the Website and/or the Benefits shall constitute your acceptance of the applicable Terms and Conditions.

18- Authorization to Disclose Contact Information:
By completing and submitting the Plan Enrolment Application Form, you specifically authorize MyTrips360 to transfer and disclose personal or confidential contact information which you have provided to MyTrips360 in connection with your Plan Enrolment Application Form to its parent, subsidiaries and associated or affiliated entities, its partners, licensees, agents, Providers and vendors, as well as, if required by law, applicable government or regulatory bodies. You consent to MyTrips360 and its parent, subsidiaries and associated or affiliated entities, its partners, licensees, agents, Providers, vendors and independent sales representatives communicating with you by electronic mail at the email address and/or by text message at the cell number you have entered on the Plan Enrolment Application Form or as provided to MyTrips360 by you from time to time. Such emails and /or text messages may include offers and solicitations for the sale and purchase of MyTrips360 products, and services. Your consent to receive such emails and/or text messages shall continue during the currency of this agreement and shall survive the termination or expiration of this agreement for any reason unless and until you inform MyTrips360 of revocation of consent to receive such communications. You may revoke your consent in writing by emailing info@www.mytrips360.com or by utilizing the unsubscribe option contained within a MyTrips360 email or text communication.

19- Indemnification:
You agree to indemnify MyTrips360 for any liability, including legal fees, costs and disbursements, damages, fines, penalties, or other awards arising from your conduct and that of your companion when travelling as a MyTrips360 Enrolee or companion. MyTrips360 may at any time set off any liability of the Enrolee or companion against any liability of MyTrips360, whether either liability is present or future, liquidated or unliquidated, and whether or not either liability arises under these Terms and Conditions. Any exercise by MyTrips360 of its rights under this section shall not limit or affect any other rights or remedies available to MyTrips360 under these Terms and Conditions, applicable law or otherwise.

20- Entire Contract:
The Plan Enrolment Application Form and these Terms and Conditions constitute the entire contract between you and MyTrips360 relating to your Enrolment. Any promises, representations, offers, and other communications not expressly set forth or incorporated by reference in these Terms and Conditions are of no force or effect.

21- Waivers:
Any waiver by MyTrips360 of any breach of these Terms and Conditions must be in writing and signed by an authorized officer of MyTrips360. Waiver by MyTrips360 of any breach of these Terms and Conditions by you shall not operate or be construed as a waiver of any subsequent breach.

22- Partial Invalidity:
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of these Terms and Conditions will remain in full force and effect.

23- Your Right of Cancellation and Termination:
You have the right to cancel at any time without giving any reason. To exercise the right to cancel, you must inform us of your decision to cancel by a clear statement (e.g., a letter sent by email) to info@www.mytrips360.com.

Effects of Cancellation and Termination:
As this is a monthly contract, Termination occurs immediately upon receipt of your Notice of Cancellation and there is no penalty for Cancellation nor any reimbursement of your last payment. Please include your printed name, address, and Identification Number, if you have one). Your Enrolment will also be terminated with immediate effect if you stop payment of the Monthly Fee or if any of the information provided by you on your Plan Enrolment Application is found to be false, inaccurate or fraudulent. Notice of termination must be received by MyTrips360 at least five (5) business days prior to the scheduled payment date of your account so it can take effect in our system. If a termination notice is received fewer than five (5) business days prior to the scheduled payment date, termination will become effective in the month following the month in which the notice of termination is received by MyTrips360. Termination by either party shall terminate your use of the Benefits of Enrolment and access to the Website, effective from the next scheduled payment date.

Definitions:

The following terms when used herein shall have the following meanings

1- Benefits:
Access to the various special products and services made available to Enrolees, which Benefits shall be as published on the MyTrips360 Website.

2- Initial One-Time Setup Fee:
The one-time payment due on application to enrol in a MyTrips360 Plan .

3- Force Majeure Event:
An extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an act of God, such as hurricane, flooding, earthquake, volcanic eruption, etc., that prevents one or both parties from fulfilling their obligations under this contract.

4- MyTrips360:
A Canadian Corporation headquartered in Toronto, Ontario, Canada.

5- Enrolee:
A person who has been accepted by MyTrips360 and who has paid the Initial One-Time Setup Fee and continues to pay the Monthly Fee. A person immediately ceases to be an Enrolee if he or she terminates his or her Enrolment or fails to pay the Monthly Fee when due.