HappiTravel Customer Agreement
Last updated May 1, 2024
HappiTravel ("HT") is a travel concierge and fulfillment service provider that assists individuals with searching and selecting information regarding travel carriers, travel areas, accommodations and services associated with travel, determining the availability and pricing of an array of travel-related products and services, making legitimate reservations, and otherwise transacting business with providers of accommodations, travel and transportation, tours, and other travel-related products and services ("HT Services"). HT licenses may be referred by Third Party Affiliates ("TPA") who are independent contractors and not agents, representatives or employees of HT. HT is a subscription-only service provider and does not market or sell its services to the public-at-large. HT is not an owner or provider of accommodations, is not a travel operator, transportation provider, common carrier, or tour operator. It is only an agent providing services and assistance for locating, selecting, booking and acquiring accommodation and travel-related products and services that are offered, booked and purchased on its Website or through its customer service agents.
The purpose of the Website is to assist Customers in gathering travel information, determining the availability of travel-related products and services, making legitimate reservations or otherwise transacting business with travel and accommodation suppliers, and for no other purposes. HT Services are provided by HT only to its Customers and Licensees who agree to this Customer Agreement (the "Agreement"). The HT Website and all HT Services are subject to this Agreement.
HT is provided by HappiTravel, LLC. The terms "HT", "Company", "we", "us", and "our" refer to HappiTravel, LLC, its subsidiaries and corporate affiliates, (collectively, the "HT Companies"). The terms "Customer", "Licensee", "you" or "your" refer to the customer visiting the Website, using HT Services, or acquiring travel-related products and services through the Website, or through our customer service agents.
Agreement between Customer and HT
This Agreement constitutes an agreement between you and HT for a non-exclusive license to use the Website and HT Services offered and provided by HT. This Agreement applies to all Internet-based services and other HT Services. If you book, reserve, or purchase travel-related products or services offered on the Website, use the assistance of a HT customer service agent, or that have other terms accompanying those items, then those terms imposed by third party travel operators apply in addition to this Agreement. By using this Website and any other HT Services offered or provided by HT, whether separately or in conjunction with one another, you confirm that you have read, understand, and agree to the terms and conditions set forth in this Agreement. If you do not accept these terms and conditions, do not use this Website or any other Services offered or provided by HT.
Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of this Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates.
Terms of Use of Website and HT Services
This Website and HT Services are provided solely for the use of customers who have registered a HT account to use this Website and HT Services.
This Website and HT Services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below. Please read this Agreement carefully, as it contains important information about limitations of liability and resolution of disputes. You should also read our Privacy Policy and Terms of Use, which also govern your use of the Website and are incorporated by reference.
By accessing or using this Website, booking any reservations for travel products or services on this Website, contacting our call center agents, or otherwise using HT Services, you agree that the Agreement then in force shall apply. HT reserves the right to modify this Agreement. If you do not agree to the terms, please do not use or book any reservations through this Website or our call center agents.
You acknowledge that you have registered a HT account in order to gain license to use this Website and HT Services. Representations and acts of any TPA with whom you have done business are not the responsibility of HT. HT is responsible only for those statements that are made and published in its official written materials and website content which bear HT's name and logo. HT shall not be responsible for statements or representations made by any others in connection with the sale or purchase of a license or of any travel product or service which are not fully consistent with approved statements and representations made in HT's official literature and HT Website.
It is HT's policy that only you as a Licensee may request travel services and quotes, book reservations, and purchase travel and accommodations through HT. This must be done only through HT's website or toll-free number. The Licensee must approve all travel and accommodations reservations before travel and accommodations are purchased. HT limits use of licenses to a single family in a single household, and only named Licensee may book and purchase travel and accommodations through HT.
Use of the Website
As a condition of your use of this Website, you warrant that:
- You are at least 18 years of age;
- You possess the legal capacity and authority to create a binding legal obligation;
- You will use this Website in accordance with this Agreement and for a legal purpose;
- You will not attempt to gain access to any other Licensee's account without their permission or to hack, spoof, wrongfully access or wrongfully alter any portion of this Website;
- You will only use this Website to make legitimate reservations for you or for another person in your family for whom you are legally authorized to act;
- You will inform all persons for whom you are legally authorized to act of the terms and conditions of this Agreement that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
- All information supplied by you on this Website is true, accurate, current and complete;
- You will not knowingly permit any person who is not a member of your immediate family to use or obtain information from the HT Website or your HT account for any purpose; and
- You will not assign, sell, resell, or otherwise allow any person not within your immediate family to use the Website, use HT Services, or acquire information, accommodations or travel through HT's Website or HT Services.
We retain the right at our sole discretion to deny access to anyone to this Website and HT Services, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Duration of License
Unless otherwise expressly provided in writing approved by HT, your license to use the HT Website and HT Services is for a term not to exceed one (1) year. Upon pre-payment of a fee established in writing by HT, and provided that HT has not revoked your right to renew, you may renew your license to use the HT Website and HT Services for a price, duration and other terms and conditions offered in writing by HT.
Use and Limitations of License
You understand that travel and accommodations offered through HT's concierge services is time-sensitive and that prices for travel and accommodations can vary widely and depend upon a number of variables, including the season, date and time of booking, purchasing, and using the travel or accommodation product, the location, duration and quality of accommodations and travel provider, and whether the travel or accommodations are purchased at the time of booking or paid later. All rules, fees, and regulations governing travel and accommodations offered by HT are subject to change and HT may use outside resources or affiliates to provide services.
In order to gain access to the HT online reservation system you must submit your name and email address to register for a HT account; and further, submit your e-signature for this Agreement in order to complete the enrollment process and/or to secure reservations.
The benefits, uses, offerings and services of HT may vary, depending upon the particular type of account you registered or license that you purchased. You understand that no singular benefit or facet of a particular licensed benefit within HT should be relied upon to save, refund or return the purchase price of our License.
HT will exercise its best efforts to obtain the lowest published price at time of booking and purchase of specific travel products or accommodations but cannot guarantee that it will obtain the lowest price. Due to the highly competitive and rapidly changing nature of the travel and hospitality industries, HT cannot guarantee a specific quoted discount or price until the actual time of purchase by you. HT may add new benefits at any time, and may replace current vendors, products, or benefits as necessary. HT posts notice of its current benefits on its website.
You understand that HT will not resell for or repurchase this License from you.
You acknowledge that access to and use of HT's personalized concierge travel services in lieu of planning, booking and purchasing travel and accommodations on your own is a valuable service, even if you choose to not purchase travel or accommodations through HT.
You are purchasing this license provided by HT for the travel planning and booking services provided by HT and for access to accommodations and are not solely relying on the value of discounts as your reason for purchasing the License. You acknowledge and confirm that you understand that any savings that you receive from the License is dependent upon the nature, frequency and amount of travel and accommodation purchases that you make and market conditions over which HT has no control. You do not expect to recoup your License purchase price and/or annual dues through discounts alone since such discounts are dependent upon purchasing travel products offered in connection with your License.
You agree that you are not purchasing this license as a financial investment, but rather for our convenience, access to personalized travel booking and planning services offered by HT, and the opportunity to obtain discounted travel products and accommodations.
You understand that HT is an independently owned and operated corporation providing travel and accommodation advice, consultation, product and service offerings to eligible Licensees. Any representations concerning HT are limited to the materials published and provided by HT on its website, HT publications, and this document. HT is not an agent for any affiliated groups, or any resort, hotel, condominium, common carrier or other travel group, and is not responsible for any representation or performance by any person or entity other than HT and its employees.
Free Membership
You may register for a free HT account ("Membership"). Free HT accounts will be able to explore the HT website and book travel at the published rate. You must upgrade your Membership and purchase a full license in order to access the lowest "HappiPrice" rate or other platform features.
Paid Membership
You may upgrade your free Membership for access to lower travel rates and/or system features by paying the applicable fee ("Membership Fee") posted on our website for the upgrade. The Membership Fee will automatically renew and be charged to you at the amount and interval displayed. Your paid Membership shall remain in effect until (i) terminated by you using the online cancellation function in your account management area or by sending, in writing, notice of cancellation of your Membership to HappiTravel by certified mail to 2120 S Reserve #364, Missoula, MT 59801 or by email to [email protected] or (ii) terminated by HappiTravel by sending in writing, notice of cancellation of your Membership to you by email to the email address held on file for you at the date of the notice. Notice to HappiTravel must include your signature, printed name, address, and email address associated with your Membership account.
HappiPoints
HappiPoints are digital credits you can earn for each dollar spent on HappiTravel membership fees as well as HappiCash purchases. You can redeem HappiPoints for complimentary vacations (pay only the activation fee and taxes). The available list of vacations and HappiPoints required for redemption is subject to change and can be found by logging into your account and navigating to the HappiPoints area. Upon redemption, HappiTravel will issue you a certificate which is fulfilled directly by third party suppliers.
The ability to earn, receive and redeem HappiPoints is offered at our sole discretion. We reserve the right to alter or waive any related feature or benefit prospectively or retroactively, including, without limitation, Membership fee requirements, amount of HappiPoints earned, earning methods, HappiPoints accrual or redemption criteria, or to cancel or temporarily suspend the HappiPoints program at any time without prior notice. HappiPoints expire 18 months after they are earned.
HappiCash
HappiCash are digital credits you can purchase and apply towards the payment of any travel reservation on the platform without restriction. HappiCash can be used to pay for any travel reservation partially or in full. HappiCash credits have no cash value outside of the HappiTravel platform and are not transferrable in any way. HappiCash cannot be applied towards the payment of your annual Membership Fee. HappiCash credits do not expire. However, in the event your Membership renewal payment fails or is not received any remaining HappiCash credits in your account will be forfeited.
Prepaid Hotel Reservations
You acknowledge that HT pre-negotiates certain room rates with hotel suppliers to facilitate the booking of reservations. The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by HT and the facilitation fee retained by HT for its services. You may cancel or change your prepaid hotel reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved (usually 24 to 72 hours prior to your date of arrival), you will be subject to a charge equal to applicable nightly rates, tax recovery charges and service fees.
Resort Condominiums
You may rent an unlimited number of weeks. There are no "free" or "pre-paid" weeks of condominium use. Accommodations are made on a space-available basis and prices vary according to time, season, and location. Once a confirmation for a condominium is received, there are no cancellations or refunds.
Airline Reservations
A HappiTrips reservation does not guarantee your airfare. Prices are only guaranteed when paid. Payment for airline tickets must be made by credit card or debit card. There are no discounts on either domestic or international airfare for HappiTrips listings.
Supplier Rules and Restrictions
Additional terms and conditions of travel and accommodation suppliers will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms and conditions carefully. HT is not responsible for, and makes no warranties or representations regarding the Supplier or carrier's terms and conditions or performance. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal.
International Travel
You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas, are in order. HT has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.
Company Communication
By signing up for an HT account you agree to receive recurring automated emails, autodialer and artificial intelligence phone calls, and SMS text messages. These communications may be specifically related to your account or promotional in nature. The frequency of communications varies. Message and/or data fees may apply and are your responsibility. You can opt out from these communications by following the instructions contained in the communication itself.
Promotional Limitations
HT is a Closed User Group (CUG). In order to access or view the wholesale rates available, you must be enrolled as a Customer and logged into your account through the HT website. In order to protect our suppliers you are expressly prohibited from publicly posting hotel, property, or brand names (or obviously identifiable photos) directly with the discounted HT rate.
Liability Disclaimer and Limitation of Damages
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. HT does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website. HT expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price.
HT and its respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose. All such information, software products, and services are provided "as is" without warranty of any kind.
The carriers, hotels and other suppliers providing accommodations, travel or other services on this Website are independent contractors and not agents or employees of HT. HT is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
You agree that you can recover against HT and its suppliers only direct damages up to the amount you paid for the goods, services, or software furnished by HT or suppliers.
Indemnification
You agree to defend and indemnify HT and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, brought by third parties as a result of your:
- Breach of this Agreement or the documents referenced herein;
- Violation of any law or the rights of a third party; or
- Use of this Website in a manner contrary to the provisions of this Agreement.
Dispute Resolution
HT is committed to customer satisfaction, so if you have a problem or dispute, we will make a reasonable effort to resolve your concerns in a timely and equitable manner. You agree to give us a reasonable opportunity of at least thirty (30) days to resolve any disputes or claims by contacting HT's Customer Support through the Contact Us form on this Website.
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in Missoula, Montana or any other venue that the parties agree upon. By agreeing to arbitrate claims with the AAA, you and HT waive the right to a trial by jury.
Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. The laws of the State of Montana shall apply without regard to the doctrine of the conflict of laws.
Registrations Notice
Seller of Travel: HappiTravel, LLC is a registered seller of travel in each of the states listed below:
California: 2150840-50
Florida: ST43738
Hawaii: TAR-7470-0
Washington: UBI 604960102
Contact
HappiTravel, LLC
2120 S Reserve #364
Missoula, MT 59801
[email protected]