Travelwithmyght.com is a service provided by Myght, Inc. (“Myght” includes its officers, employees, agents, affiliates, parents, subsidiaries, and representatives).
This document (hereinafter called “Terms”) is a legally binding document that governs Myght’s relationship with you, the “User.” Throughout the Terms, Myght may be referred to as “Us,” Our,” or “We.” The Terms may refer to the User as “You” or “Your” or “Yourself.”
We provide travellers a way to book hotels, cruises, air, travel insurance, and tour packages (“Services”). In order to provide the Services, we work with a network of Affiliates and Service Providers. “Affiliates” assist with planning and booking travel arrangements, and “Service Providers” provide the travel services.
Users access Our Services via Our website, www.travelwithmyght.com (“the Website”).
By accessing the Website, purchasing, or using any of the Services provided by Us, or travel products obtained through Us, You affirm Your agreement with, and to be bound by, these Terms.
If You do not agree to all of these Terms in their entirety, You are not authorized to, and shall not, access or utilize any of Our Services other than to delete Your account, if You have one, or to contact Us. Upon Your disagreement with any part of these Terms, Your authorization to access the Website and any of Our Services is immediately and entirely revoked.
We may modify these Terms at any time for any reason. If the Terms are modified, to the extent reasonable and practicable, You will be notified via the Website, email, or other means of communication. Any changes We make to the Terms may take effect immediately. If You continue to access Our Service or use a product We provide to You after We provide notice, Your continued access to the Website shall signify and affirm Your agreement with and consent to be bound by the modified terms. You consent to receiving electronic communications from Us, including text messages, as well as notifications regarding modifications to these Terms by any means.
The Website, and any Services or travel produces we provide to You are not intended for anyone other than a legal adult in Your jurisdiction.
Users can sign up for Our mailing list via our Website, or begin the trip planning process via Our Website. We need to collect certain information from You in order to provide You with Our Services. You therefore agree to provide only accurate and truthful information about Yourself, and You agree to timely inform Us if any such information changes.
Destination or travel objective;
Information about your travel party;
Your travel budget; and
Additional follow-up information based on the above and your communications with Us.
We also require the accurate completion of all enrollment documentation including the Participant Information and Emergency Contact Form, Travelers’ Insurance Form, and Assumption of Risk Form. Additional information includes dates of arrival and departure, number of people traveling, and any other appropriate information We request for purposes of providing the Service to You.
We also collect Your IP Address and details about the device You use to access the Website (for example, make/model; browser version; and screen size).
If You provide inaccurate or incomplete information or fail to update Your information so that it is rendered inaccurate or incomplete, We reserve the right to terminate Your account and Your status as a User, either temporarily or permanently, without any notice or liability to You.
If you are granted login credentials to access the Services or communicate with Us, You have a duty to keep Your login credentials private and to not allow unauthorized access to Your User account. You are solely responsible for all activities that occur under Your account, whether or not You know about them.
Even if Your User account is terminated (whether by You or Us, regardless of reason) some of these Terms survive and You remain bound by them.
MINORS: Minors are NOT authorized as Users. A PARENT OR LEGAL GUARDIAN must authorize their minor child under 18 years old to use the Website and/or provide information to Us. A User’s parent or legal guardian who wishes to rescind previously-provided consent should e-mail Us with information sufficient for Us to locate the exact User’s information so that we can remove it.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, MYGHT DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A MINOR CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT OR LEGAL GUARDIAN. IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE YOUR PERMISSION FOR YOUR CHILD TO REGISTER, YOU THEREBY AGREE TO THESE TERMS RELATING TO USE OF THE SERVICES BY YOUR MINOR CHILD AND AGREE TO BOUND BY THEM FOR AND ON BEHALF OF YOUR MINOR CHILD.
YOUR USE OF THE SERVICES: You must adhere to the following rules.
You will comply with all applicable laws while you access the Services, and You will not use or access the Service for any unlawful or unauthorized purpose;
You will not access the Website or use the Services to collect any market research for a competing business;
You will not misrepresent Yourself, Your identity, or knowingly submit false information to Us;
You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means;
You will not take any action that imposes or may impose (determined in Our sole discretion) an unreasonable or disproportionately large load on Our technical infrastructure;
You will not obtain, seek to obtain, or distribute publicly or privately any personal, private, or confidential information that either passes through our technical infrastructure or is maintained by Us;
You will not take any action that violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
You will not intentionally or knowingly cause harm to Us, the Website, or ability to offer the Services, or to any other user;
You will not attempt to access, modify, or in any way manipulate any of Our code, software, or video content, including but not limited to unauthorized downloading, streaming, or recording; decompiling; reverse engineering; and/or unauthorized data gathering or extraction;
You will not take any action that violates these Terms or any guidelines or policies posted on the Website; and
You will not take any action that otherwise interferes with the use, efficacy, or enjoyment of the Services by others.
Payment of the deposit constitutes Your agreement with these Terms. All bookings are subject to the limitations of liability imposed by Affiliates and any third-party operators involved in a trip.
Payment schedules are available and will be mutually agreed upon between You and Us in writing after the deposit is made.
Payments can be made via Visa, Mastercard, Discover, or American Express credit cards, check, money order, or a wire transfer to Myght.
Checks and money orders should be sent to:
Myght, Inc. | 142 W. 57th St., Floor 11, 10019
Will be communicated directly with you by one of our affiliate travel agencies.
General Purchase Terms, Waiver & Release from Liability
Agent of Suppliers. By signing this Agreement, you agree and acknowledge that Myght, Inc. is not the source or supplier of the travel services you are purchasing. Myght acts solely as the agent of the airlines, cruise lines, lodging providers, hotels, car-rental companies, tour operators, travel insurance companies or other suppliers of travel related services (“Suppliers”). The Suppliers named in the invoice or itinerary provided to you are actually responsible for providing the travel services that you are purchasing, and these Suppliers maintain their own policies and procedures regarding the travel overseas living services they deliver. By making this purchase, you consent to the selected Suppliers whether, or not, such Suppliers appear on your invoice or itinerary. You also acknowledge that Myght is not responsible for the acts or omissions of such suppliers or their subcontractors or their failure to provide services, adhere to their own schedules, or honor their own contracts.
Assumption of Risk/Release of Liability. Myght assumes no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of the Suppliers; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the Suppliers; or (3) the wrongful or negligent acts or omissions on the part of any other party not under Myght’s control. You, individually, and on behalf of your heirs, successors, assigns, and personal representatives, hereby release and forever discharge Myght (including its officers, directors, employees, agents, independent contractors and affiliates) from all claims arising out of all matters that are in any way related to any service provided by Myght or any cause or event, otherwise, described in this paragraph, excepting only such claims which allege that Myght’s has so severely breached its duty of care that such breach constitutes gross negligence or willful misconduct.
Itinerary and Supplier Policies. You agree to check your booked itinerary thoroughly as soon as you receive it to make sure it is correct as to dates, times, fares, and rates. Most airlines impose cancellation and change penalties up to 100 percent for many types of tickets. Most tour operators, cruise lines, and some resort hotels also impose cancellation and change penalties. You agree to review those applicable rules before making your reservation.
Travel Insurance. Myght is not a supplier of trip cancellation or travel accident insurance and we assume no responsibility for any conditions of coverage under any travel insurance plans we offer. Nor do we assume any responsibility for any representations or statements made related to travel insurance plans or coverage details, including those made by us.
TSA Secure Flight. You are advised that the Transportation Security Administration requires you to carry a government issued identification card in order to board a flight and that the name, date of birth, and gender that appears on the identification card must precisely correspond with the same data that appears on your airline reservation and flight records. Failure to strictly comply with these requirements may cause airport security officials to delay or deny boarding.
Country Conditions. Myght has no special knowledge concerning unsafe conditions, political unrest, dangers to health, weather hazards, natural disasters, climate extremes in the destinations you may travel or the financial condition of the Suppliers. To obtain information on unsafe country conditions, you are advised to contact the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or visit their website at http://www.travel.state.gov. You are also encouraged to register with the State Department’s Smart Traveler Enrollment Program (STEP) to receive alerts and warnings that may issue in the future regarding your travel destinations. STEP enrollment enables the local U.S. consulate to better assist you in case a personal emergency arises during your overseas travel. To obtain health and medical information related to travel destinations, we advise you to contact the Centers for Disease Control at (877) FYI-TRIP or visit their website at http://www.cdc.gov/travel. 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 all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s). You, individually, and on behalf of your heirs, successors, assigns, and personal representatives, hereby release and forever discharge Myght from all claims arising out of any matter covered in this paragraph.
Post-Purchase Price Increase. You are advised that the airline tickets, air tours or other products you are purchasing are subject to supplemental price increases that may be imposed after the date of purchase. Post-purchase price increases may be applied due to additional costs imposed by a travel services provider or government. If applicable, you agree to be pay additional sums to offset increased fees, fuel surcharges, taxes, fluctuations in foreign exchange rates or any combination thereof.
Dispute Resolution. The laws of the State of New York govern the rights and obligations of the parties to this Agreement and the interpretation, construction and enforceability thereof. You agree that any action or proceeding brought against Myght shall be brought solely in the courts of New York located in Kings County. In the event any action or proceeding is initiated by me in a court outside of Kings County, New York, You agree to pay Myght’s costs and reasonable attorney fees associated with defending such action or proceeding. The parties agree that in the event that any action or proceeding is initiated by either party in Kings County, New York, the prevailing party shall be entitled to recover costs and reasonable attorney’s fees.
The Service and its original content, features, and functionality are and will remain the exclusive property of Myght and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Intellectual property of Affiliates is owned by the Affiliate or its licensor; Myght makes no claims to any such intellectual property.
Any unauthorized use of Our intellectual property, including modification, distribution, publication, or reproduction for purposes other than those authorized herein, without Our prior written permission, is strictly prohibited. You acknowledge that We and/or Our Affiliates and third-party content providers remain the owners of all Website materials and that You do not acquire any of right, title, or interest, by downloading, copying, or using any such material in accordance with these Terms.
LIMITATION OF LIABILITY
Myght does not own or operate any of the Service Providers; these are the companies or entities that will be providing and supplying the air travel, road travel, hotel accommodations, and other similar services that We and Affiliates arrange for You. Therefore, neither We, nor Affiliates, are responsible for any intentional, careless, or negligent actions or omissions, errors, default or insolvency on the part of such Service Providers, which result in any loss, damages, delay, or injury to You or your travel party. Myght does not give any representation or warranty with respect to any part of such Service Provider’s services. In the event of any dispute with respect to the services of a Service Provider, Your sole recourse shall be with such Service Provider and subject to the Service Provider’s terms and conditions. Myght is not responsible for any act or omission of any Affiliate or Service Provider, and shall not be liable for any injury, damage, claim, cause of action, or other loss as a result of an act or omission by an Affiliate or Service Provider.
Myght is not responsible for any injuries, losses or damages in connection with terrorist activities, mechanical, or structural integrity of air and ground transportation, diseases, bankruptcy, or cessation of a supplier or transportation or travel services, climatic conditions, changes, or cancellation of travel due to weather conditions, hotel services, accidents, or health related problems before, during, or after travel or any other actions, omissions, or conditions outside of Our control.
IN NO EVENT SHALL MYGHT BE LIABLE TO ANY USER OR ANY TRAVELLER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS OF BUSINESS OPPORTUNITIES, DAMAGE TO GOODWILL OR REPUTATION, OR LOSS OF DATA, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.
Myght and its agents act only as agents of the client in all matters relating to tours, transportation, and accommodations.
You agree to indemnify and hold harmless Myght from all suits, actions, losses, damages, claims or liability for any personal injury, death, property damage or other loss, accident, delay, inconvenience or irregularity which is occasioned by any negligent acts or omissions of Myght arising out of any goods or services provided for this or these trips.
Myght will not be held responsible for any delays, cancellations, or non-acceptance of reservations. While we do our best to ensure that each program mentioned is properly arranged, We have no direct control over services provided by subcontractors.
ALL SERVICES, INCLUDING TOURS AND EXCURSIONS, ARE TAKEN AT YOUR OWN RISK, AND YOU KNOWINGLY AND VOLUNTARILY ACKNOWLEDGE AND ASSUME ALL SUCH RISKS. MYGHT IS NOT LIABLE FOR ANY LOSSES, DAMAGES, OR INJURIES ARISING OUT OF POLITICAL/RELIGIOUS DISPUTES, VISA REFUSAL, DELAYED FLIGHTS, UNFORESEEN CLIMATE, AND/OR OTHER CIRCUMSTANCES.
ALL SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS.
CHOICE OF LAW: You agree that New York City substantive law (without regard to its “conflict of laws” rules) exclusively governs this Document, any dispute You have with Myght, Inc, and all other aspects of my relationship with Myght, Inc., contractual or otherwise.
NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice: The services are provided by YouToring, LLC. If You have a question or complaint regarding YouToring, LLC, contact us at email@example.com |142 W. 57th. St., New York, NY 10019 |(929) 333-2445. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs which may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
DISPUTE RESOLUTION. You agree that any dispute concerning, relating, or referring to this agreement, the tour itself or any claim for damages due to injury or death which occurs during or in connection with the tour, shall be resolved exclusively by binding mediation. The binding mediation shall take place in Kings County, New York and parties agree to resolution by binding mediation which shall apply to all disputes. The mediator 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 of this contract is void or voidable. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If the mediator finds any portion of this Document to be invalid, all other portions of this Document will remain in full force and effect and binding upon the parties. Moreover, before filing a lawsuit, the User agrees to first attempt to settle any dispute (not settled by discussion) through mediation in Kings Country, New York.
ASSIGNMENTS. No terms of this agreement, nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by You except with Our prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. We may assign, transfer, or delegate this agreement or any right or obligation or remedy hereunder in Our sole discretion.
NO WAIVER. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision or any other.
FURTHER ASSURANCES. You agree to execute a hard copy of this document and any other documents so required, and to take any actions at our expense, that we may request to confirm and effect the intent of this agreement and any of Your rights or obligations under same.
SURVIVAL. The following provisions will survive expiration or termination of this Agreement: Section III, subsections H – K; Section VI, VII, VIII, and IX in their entirety; and Section XIII in its entirety.
OUR CONTACT INFO:
For questions, please contact firstname.lastname@example.org