Terms of Service
Last revised and effective as of: November 26, 2019
These Terms of Service (and Company’s Privacy Policy, as noted below) create a legal agreement (the “Agreement”) between Check-it-Off Travel Inc. (“Company” or “we” or “us” or “our”) and the user of the Check-it-Off Travel service entering into this Agreement (“you” or “your”). You should carefully read this Agreement, and the Privacy Policy, which is incorporated into and governed by this Agreement. This Agreement governs your use (and that of any person to whom you grant access) of the website checkitofftravel.com and any subdomains (the “Site”) and the services, features, and information available on the site and/or any mobile applications we may offer (together with the Site, along with associated and successor websites, applications, features, information, and services, or any part thereof, “Check-it-Off Travel”).
YOU SHOULD CAREFULLY READ THESE TERMS OF USE. BY USING CHECK-IT-OFF TRAVEL YOU ARE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE CHECK-IT-OFF TRAVEL.
1. The Service
Check-it-Off Travel is a travel advisory service for individuals, business professionals, and groups to receive custom travel planning, from brainstorming to custom travel itineraries, to concierge support while traveling.
2. Changes to the Agreement
The Agreement may, at our sole discretion, be revised in writing by us. The date of the last modification is posted at the top of the Agreement. You agree to review this Agreement periodically to ensure that you are familiar with the most recent version. By continuing to use Check-it-Off Travel after those changes are made, you are agreeing to the changes.
3. Responsibility for Services
We act only as a travel planning service. We do not book transportation, lodging, or activities on your behalf. We are not responsible for the acts or omissions of lodging providers, car rental companies, train operators, tour operators, ground operators and any other suppliers of travel services or their subcontractors or their failure to provide services, adhere to their own schedules or honor their contracts. Further, your use of such travel services may be subject to additional terms and conditions imposed by the supplier of such services. Details, amenities and photographs of lodging and other trip details provided to you by our agents come directly from the suppliers or their subcontractors and we are not responsible for any errors or misrepresentations included therein.
4. Travel Requirements
Visit your country of residence’s website to find out the foreign requirements for entry into your destination country. International travel may require a passport valid 6 months beyond your intended return travel date. In most cases, you will also need to have multiple consecutive blank visa pages within your passport (the number varies depending on the destination(s)). You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination or other entry requirements of your destination(s) and your connecting points, and all conditions regarding health, safety, security, political stability and labor or civil unrest at such destination(s).
5. Travel Insurance
For your protection, we strongly recommend that you purchase trip cancellation and travel accident insurance. However, no representation or description of any insurance made by our staff constitutes a binding assurance or promise about the insurance. Check-it-Off Travel does not provide travel insurance.
6. Payment & Credit Cards
The fees for our services are provided on the Site. You represent and warrant that all credit card information that you submit to us is true, accurate and complete, and you agree to maintain its accuracy and immediately notify us if any information is inaccurate. We reserve the right to suspend your access to Check-it-Off Travel if we determine that any credit card information you submitted is not accurate or current. We may use a third-party credit card processing company to process and charge your credit card and by providing us your credit card information, you acknowledge that we may share such information with the third party credit card processing company for billing purposes. You are solely responsible for any and all fees charged to your credit card by the card issuer, bank or financial institution, including, without limitation any credit card membership, overdraft or over-the-credit-limit fees. Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee.
7. Refunds
The travel planning process is intended to be completed in less than two weeks from the initial travel planning call to the delivery of the final itinerary. If we are unable to complete the itinerary within thirty (30) days from the initial planning call due to lack of response from you, we will not refund payment.
We will provide a full refund at any time prior to furnishing the first draft of the custom travel itinerary; provided that you submit a written refund request to your travel consultant. Once the itinerary has been completed, we will try to assist with reasonable changes to your custom travel itinerary but cannot guarantee that we will be able to provide timely edits to the itinerary even if the premium travel service is purchased.
8. Licenses
We own all right, title and license in and to the Site and our itineraries, which are proprietary. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Site and your itinerary for your personal use in accordance with this Agreement. Except as expressly permitted by us, you agree that you will not sublicense, resell, rent, reverse engineer, modify or otherwise make derivative works of, assign, distribute or otherwise commercially exploit the Site or your itinerary, or any part thereof. All rights not expressly granted to you are reserved by us. This license shall automatically expire upon termination of this Agreement.
You grant us an unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty free worldwide license to use and/or incorporate into Check-it-Off Travel any feedback, suggestions and/or recommendations you provide to us.
9. Technology Limitation & Modifications
We will make reasonable efforts to keep the Site operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right, periodically and in our sole discretion, to modify or discontinue, temporarily or permanently, functions and features of Check-it-Off Travel, with or without notice, all without liability to you for any interruption, modification or discontinuation of Check-it-Off Travel or any function or feature thereof. You understand and agree that we have no obligation to maintain, support, upgrade or update Check-it-Off Travel or to provide all or any specific content through Check-it-Off Travel.
10. Public Areas
The Service may feature community areas and other public forums, including but not limited to discussion boards, question and answer areas, and comment areas (the “Public Areas”). If you use a Public Area you are solely responsible for your own submissions, the consequences of posting your submissions, and your reliance on any information in the Public Areas or other areas of the Service. If you feel threatened or believe that someone else is in danger, you should contact your local law enforcement agency immediately. Any information you share, including without limitation any discussions with others, in any online Public Area is by design open to the public and is not private. By using the Public Areas you agree you will not:
(a) harvest or otherwise collect information about others, including email addresses, without their permission;
(b) infringe or violate the rights of any other party, including without limitation any intellectual property rights or rights of privacy or publicity;
(c) engage in conduct that is obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causes embarrassment to any other person;
(d) further any chain letters or pyramid schemes, transmit unsolicited messages, or engage in “spam;” or
(e) deliberately mislead anyone as to your identity, impersonate another, falsely identify the source of any Submissions, or allow another person or entity to use your identity.
Company reserves the right, but shall not be obligated, to record any dialogue or exchanges in the Public Areas of the Service. Company shall have no responsibility for any actions taken, or failures to take action, with respect to the Public Areas of the Service or any submissions by you or other users.
11. Disclaimer of Warranties
We endeavor to provide the best service we can, but you understand and agree that CHECK-IT-OFF TRAVEL IS PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. WE DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH CHECK-IT-OFF TRAVEL. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF CHECK-IT-OFF TRAVEL IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE CHECK-IT-OFF TRAVEL AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT CHECK-IT-OFF TRAVEL WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED OR CHECK-IT-OFF TRAVEL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In addition, we do not warrant, endorse, guarantee or assume responsibility for any product or service offered by a third party on or through Check-it-Off Travel or any hyperlinked website available through Check-it-Off Travel. We do not control third party websites available through hyperlink and we are not responsible for any content available therein. You understand and agree that we are not responsible or liable for any transaction between you and third-party providers. No advice or information whether oral or in writing obtained by you from us shall create any warranty on behalf of us in this regard. Some aspects of this section may not apply in some jurisdictions.
The disclaimers set forth herein are intended to disclaim to the maximum extent allowable by law. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
12. Assumption of Risk & Release
You agree that travel may involve a risk of inconvenience, illness, injury or death which may be caused by forces of nature, animals, insects or flora, the negligence of Company, or other persons and companies known or unknown, or of negligent, willful or criminal conduct of third parties. You agree that weather conditions may be severe, adverse and/or unpleasant. Company does not represent or warrant that travel to your selected destination is advisable or without risk, and Company is not liable for damages or losses (including refund of fees) that may result from travel to such destinations.
YOU HEREBY ACCEPT AND ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF ILLNESS, INJURY OR DEATH AND OF THE NEGLIGENCE OF COMPANY OR OF ANY THIRD PARTIES, AND RELEASE COMPANY FROM ALL LIABILITY IN CONNECTION THEREWITH.
13. Copyright Policy; Objectionable Content
If you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Service, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply:
It is Company’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on this Service contain infringements, please send a notice to our designated agent at the address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated agent, to whom you should direct your infringement claim (or other complaints), is:
Attention: Michael Aho
Check-it-Off Travel, Inc.
290 Harbor Drive
Stamford, CT 06902
info@checkitofftravel
203-698-5560
14. Binding Arbitration
You agree that any dispute concerning, relating or referring to this Agreement, or your trip itself, shall be resolved exclusively by binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16, either according to the then existing Commercial Rules of the American Arbitration Association (AAA) or pursuant to the Comprehensive Arbitration Rules & Procedures of the Judicial Arbitration and Mediation Services, Inc. (JAMS). Such proceedings will be governed by substantive (but not procedural) Massachusetts law and will take place in Boston, Massachusetts. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU (AND COMPANY) ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
15. Severability
Should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
16. Entire Agreement & Contact Information
This Agreement constitutes all the terms and conditions agreed upon between you and us and supersede any prior agreements in relation to the subject matter of this Agreement, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreement in any written or oral communication from you to Company are void.
We can be reached at:
By e-mail:
info@checkitofftravel.com
By postal mail or courier:
Check-it-Off Travel, Inc.
290 Harbor Drive
Stamford, CT 06902
